Committee of the Whole

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA MARCH 25, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – March 11, 2026 Public Comment Initiatives and Other Items A. Riverside WTP and Well 5A Motor Control Centers (MCC) Improvements; Change Order No. 1 for Bid 25-035 ($196,543) Objective: Rehabilitate deteriorated infrastructure as part of the motor control centers improvement project at the Leo Nelson Riverside Water Treatment Plant. B. Cook County Class 6b Property Tax Incentive for 1717 Gifford Road—Resolution in Sup- port (No Cost) Objective: Adopting a resolution supporting a request by PJP Holdings, LLC to obtain a Cook County Class 6b tax incentive for the approximately $10 million, multi-year invest- ment in a soon-to-be vacant industrial building at 1717 Gifford Road. C. Security Services for The Edward Schock Centre of Elgin, Lords Park and Wing Park; RFP 26-001 (Not to Exceed $1,486,718 for Three-Year Term) Objective: Approve a new agreement with a professional security firm to provide security services for The Edward Schock Centre of Elgin, Lords Park and Wing Park. D. Athletic Facility Improvement Grant Funding ($150,000) Objective: Provide financial assistance to Elgin-based sports organizations making capital improvements to city-owned property. E. LIVE911 Software—Renewal Agreement with HigherGround, Inc. ($46,500) Objective: Continue using LIVE911 software to provide police officers with real time livestream capabilities and precise caller location data for incoming emergency calls. Committee of the Whole Agenda – March 25, 2026 Page 2 Special Presentations and Reports F. Micromobility Device (E-Bikes, E-Scooters, E-Motos) Regulations: Update and Discussion on Proposed Statewide Legislation Objective: Senior Management Analyst Giovanni Jungo and Police Commander Scott Holmes will be presenting information on proposed state legislation regulating micromo- bility devices, the city’s experience with these devices over the past years, and recom- mendations for city action in the absence of the state enacting a comprehensive regula- tory scheme. G. Discussion on Adopting an Ordinance to Support and Foster Inclusivity and Diversity in the City of Elgin (Councilmembers Dixon and Alfaro) Objective: Councilmember Dixon (with Councilmember Alfaro as his second) is requesting an agenda item to discuss the adoption of an ordinance that codifies existing policies on local cooperation with federal civil immigration enforcement, creates a municipal ID pro- gram, addresses language access, provides for the development of an inclusive procure- ment plan, and establishes an immigrant legal defense fund. Announcements from Council Announcements from Staff Executive Session H. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Spe- cific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. AGENDA ITEM: A MEETING DATE: March 25, 2026 ITEM: Riverside WTP and Well 5A Motor Control Centers (MCC) Improvements; Change Order No. 1 for Bid 25-035 ($196,543) OBJECTIVE: Rehabilitate deteriorated infrastructure as part of the motor control centers improvement pro- ject at the Leo Nelson Riverside Water Treatment Plant. RECOMMENDATION: Award the Change Order No. 1 for the Bid 25-035, Riverside WTP and Well 5A MCC Improvements to Connelly Electric Co. of Addison, Illinois to reflect an increase in the contract value of $196,543. The city in 2025 awarded Connelly Electric Co. a contract that included replacement of the motor control centers (MCC) at both the Leo Nelson Riverside Water Treatment Plant and Well 5A, the latter being located near the Airlite Water Treatment Plant. Part of the project includes expanding the Sludge Building No. 1 superstructure at the Riverside plant to meet current electrical codes for motor control center installation. The Sludge Building No. 1 superstructure is located adjacent to a roof over an underground structure that houses the sludge pumps and other equipment. This roof was a part of the original plant construction and has deteriorated to the point where rehabilitation is now required. Staff recommend awarding Change Order No. 1 for Riverside WTP and Well 5A MCC Improve- ments to Connelly Electric Co. of Addison, Illinois in the amount of $196,543 to provide the neces- sary rehabilitation of the roof over the substructure of Sludge Building No. 1. BACKGROUND Connelly Electric Co. was awarded a contract in 2025 that includes replacement of motor control centers (MCC) at the Leo Nelson Riverside Water Treatment Plant and Well 5A, the latter being located near the Airlite Water Treatment Plant. Part of the project consists of the expansion of Sludge Building No. 1 superstructure at the Riverside WTP to meet current electrical codes for motor control center installation. The Sludge Building No. 1 superstructure is located adjacent to a roof over an underground structure that houses the sludge pumps and other equipment. This roof was a part of the original plant construction and has deteriorated to the point where it now requires rehabilitation. Due to timing of the project, the city has determined that the most effective method to complete the roof rehabilitation is to include the work while the building expansion is occurring. This allows the work to be completed in the same vicinity and prevents potential rework of the building ex- pansion if the rehabilitation were completed at a different date. OPERATIONAL ANALYSIS The roof reconstruction will occur simultaneously with the necessary expansion of the Sludge Building No. 1 superstructure. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The change order increases the total cost of the original contract by $196,543 to complete the roof rehabilitation. The original contract with Connelly Electric was $3,933,000. The new contract amount inclusive of all change orders is $4,129,543. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE 2025 Bond 325-4000-795.91-46 325001 $196,543 $196,543 LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject this change order, directions from council will be needed regarding how staff should proceed. NEXT STEPS Execute Change Order No. 1. 2 Originators: Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Change Order No. 1 3  City of Elgin Change Order ELGIN, ILLINOIS PROJECT 25-035 CHANGE ORDER No. 1 CONTRACT: Riverside Water Treatment Plant and Well 5A MCC Improvements Bid No. 25-035 SCOPE: Perform structural modifications to the Sludge Control Building 1 Top Slab including removal of deteriorated concrete and components, foam injection repairs, and installation of new concrete and waterproofing. REASONS FOR CHANGE:  The condition of the Sludge Control Building 1 top slab has deteriorated since original installa- tion in the 1980s. Issues include exposed and corroded reinforcement, damage to the underside of the concrete slab and insulation, delaminated concrete, cracks in insulation, and fallen debris.  Several temporary repairs have been performed, but additional damage has occurred necessitat- ing a more permanent solution.  The MCC Improvements Project is constructing a new Electrical Room for Sludge Control Building 1 on the top slab; a structural assessment was performed, and the repairs will support the construction of the new Electrical Room. SUMMARY OF CHANGES IN CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT: $3,933,000.00 CHANGE ORDER No. 1 Sludge Control Building 1 Top Slab Modifications $196,542.36 TOTAL FOR CHANGE ORDER NO. 1: ADD $196,542.36 PREVIOUS CHANGE ORDER(S): N/A $0 TOTAL OF PREVIOUS CHANGE ORDERS: ADD $0 TOTAL REVISED CONTRACT AMOUNT: $4,129,542.36 The original amount of the contract with Connelly Electric Co. is $3,933,000.00. Change Order No. 1 will increase the original contract amount by a total of $196,542.36, that sum representing four point nine percent (4.9%) of the original contract amount. The new contract amount, inclusive of all change orders is $4,129,542.36. OTHER CONTRACT PROVISIONS: All other contract provisions remain the same. CHANGE ORDER No. 1 [INSERT DATE FROM COW MEMO] Agreed to this day of , 20___. Recommended by: PUBLIC SERVICES UNIT - WATER By: ____________________________________________ Title: __________________________________________ Date: __________________________________________ Signature: ______________________________________ Accepted by: CONNELLY ELECTRIC CO. Party of the Second Part (Contractor) By: ___________________________________________ Title: _________________________________________ Date: _________________________________________ Signature: _____________________________________ Approved by: CITY OF ELGIN Party of the First Part (Owner) By: Richard G. Kozal Title: City Manager_____________________________ Date: ________________________________________ Signature: ____________________________________ F:\Legal Dept\forms\Change Order Form.doc AGENDA ITEM: B MEETING DATE: March 25, 2026 ITEM: Cook County Class 6b Property Tax Incentive for 1717 Gifford Road—Resolution in Support (No Cost) OBJECTIVE: Adopting a resolution supporting a request by PJP Holdings, LLC to obtain a Cook County Class 6b tax incentive for the approximately $10 million, multi-year investment in a soon-to-be vacant industrial building at 1717 Gifford Road. RECOMMENDATION: Approve the resolution determining the property at 1717 Gifford Road is appropriate for a Cook County Class 6b property tax incentive. PJP Holdings, LLC (“PJP”) has a signed agreement to buy 1717 Gifford Road contingent upon re- ceiving a Cook County “Class 6b” commercial property tax incentive. PJP would lease the property to its related entity, Axium Packaging, LLC (“Axium”). Axium would spend about $10 million on improvements to the existing 443,000-square-foot industrial building. Axium would spend an- other approximately $20 million on equipment and installation. The purchase price of the 20-acre property is nearly $25 million. Axium would initially hire 200 full-time employees, with a preference given to qualified local res- idents. Axium is a leading North American manufacturer of rigid plastic packaging solutions. The company was founded in 2010 and has rapidly expanded into a multi-facility enterprise with more than 3,500 employees and over 4.6 million square feet of manufacturing space across the United States, Canada, and Mexico. Axium requires the incentive to make its new Elgin location economically feasible. Axium has stated that it will not purchase the property without the incentive. Cook County provides a “Class 6b” commercial property tax incentive to minimize the financial burden associated with invest- ments in industrial properties. The estimated Cook County taxes generated for all taxing bodies during the twelve-year period of the Class 6b incentive would be about $14.5 million. The tax burden on Axium without the incen- tive would be nearly $32.3 million over the same time. A similarly-sized building in an Elgin indus- trial park in Kane County would pay about $12.1 million to all taxing bodies over twelve years. If 1717 Gifford were to become and remain vacant, the estimated Cook County taxes generated for all taxing bodies over the same time would only be about $6.3 million. BACKGROUND The Cook County Class 6b property tax incentive program reduces assessment levels for industrial projects that involve new construction, substantial rehabilitation, or the occupancy of a vacant property for a twelve-year period. During the first ten years, the property’s statutory 25 percent of market value assessment is reduced to 10 percent. The incentive phases out in the eleventh and twelfth years, raising the assessment level in those years to 15 percent and 20 percent, re- spectively. The property returns to the full 25 percent of market value assessment in the thir- teenth year. Under Cook County guidelines, the Class 6b incentive is renewable for an unlimited number of additional twelve-year periods. Before Cook County will consider a Class 6b tax incentive, the property owner must receive a resolution of support from the municipality in which the project is located. Axium has signed a purchase and sale agreement to buy the industrial property at 1717 Gifford Road for $24.85 mil- lion. The purchase is contingent upon receiving the Cook County Class 6b property tax incentive. The southwest corner of the industrial building at 1717 Gifford Road. Axium would purchase the property and invest $10 million in building improvements and $20 million in equipment and installation. Axium would initially hire 200 employees to work in the 443,000-square-foot building. 1717 Gifford is located at the northeast corner of Gifford Road and West Bartlett Road, and it extends north to Gasket Drive. The 20-acre property consists of four tax parcels identified by Cook County Property Identification Numbers 06-31-202-001, -007, -008, and -011, all zoned PGI Planned General Industrial District. Ordinance G49-18 was approved by city council in August 2018 primarily to provide a departure to the parking requirement for the tenant, The Packaging Wholesalers, following the sale of property on the other side of Gasket Drive that was previously 2 available for off-street parking. The ordinance requires that future occupants provide a parking supply and demand analysis to the city to ensure sufficient parking is available. If not, additional parking must be provided in accordance with plans submitted with the 2018 planned develop- ment application. Properties to the north of 1717 Gifford are located in Elgin, zoned GI General Industrial. The northeast corner of Gifford and Gasket Drive—previously associated with 1717 Gifford Road—is now a stand-alone vehicle and equipment storage yard. The property to the east of that yard at 1200 Gasket Drive contains the office and yards for Martam Construction, Inc. Properties immediately to the east of 1717 Gifford are also zoned GI in Elgin. Both are vacant, and one is heavily wooded. On the east side of the wooded parcel is 1300 W. Bartlett Road, the home of the Elgin Sweeper Company. Properties to the west, southwest, south, and southeast are located in the village of Barlett. The properties to the west, across Gifford Road, contain townhouses in the Herons Landing subdivi- sion. Properties at the southwest corner of Gifford and West Bartlett Road and beyond are single- family homes. The five-acre parcel at the southeast corner of Gifford and W. Bartlett Road is vacant. Nature Ridge Elementary School is immediately to the south of this vacant parcel. And the properties further east of the vacant parcel are single-family homes in the West Ridge of Bartlett subdivision. The property at 1717 Gifford Road is improved with a 443,000-square-foot industrial building. The current tenant is The Packaging Wholesalers who started occupying the building in August 2015. The Packaging Wholesalers lease the building from JP Elgin Project Company, LLC who has an operating lease agreement with the fee-simple owner, JP Elgin Funding Company LLC. The city provided support for a Class 6b incentive for The Packing Wholesalers in 2014, and Cook County property tax records show that that incentive is in place. Box Packaging Partners acquired The Packaging Wholesalers in April 2023. Box Packaging is the nation's leading wholesaler of packaging, shipping and industrial supplies. Their headquarters and central United States distribution center is located at 2650 Galvin Drive in Elgin. Operations previously at 1717 Gifford will be consolidated at Galvin Drive and other distribution centers. Prior to The Packaging Wholesalers, 1717 Gifford Road was occupied by Ball Aerosol & Specialty Container, Inc. The Ball plant opened in 1967 and produced aerosol and specialty steel cans as well as flat steel sheet used by other Ball facilities. The facility closed in December 2013, elimi- nating 245 jobs. Ball also closed metal beverage packaging plants in Columbus, Ohio and Gaines- ville, Florida earlier in 2013. The property was sold by Ball Aerosol & Specialty Container, Inc. to SSK Holdings LLC in November 2014 for $4.15 million. SSK Holdings sold the property to STNL Elgin LLC in June 2016 for $15 million. And JP Elgin Funding Co LLC acquired the property from STNL Elgin in March 2018, but 3 the consideration amount was not available from Cook County. About this same time, JP Elgin Funding Co entered into a Master Lease Financing Facility Agreement and Master Operating Lease Agreement with JP Elgin Project Company LLC. JP Elgin Project Company and JP Elgin Funding Company have a purchase and sale agreement to sell the property to PJP Holdings, LLC who would in turn lease it to its related entity, Axium Pack- aging, LLC. The purchase price is $24.85 million, contingent upon receiving the Cook County Class 6b property tax incentive. Axium is a leading North American manufacturer of rigid plastic packaging solutions serving a wide range of consumer and industrial markets, including personal care, food and beverage, household chemicals, and healthcare products. Axium specializes in the design and manufacture of custom plastic containers using advanced molding technologies, including extrusion blow molding, injection stretch blow molding, injection blow molding, and injection molding. The Com- pany provides vertically integrated services that include product design, engineering, tooling, prototyping, and decoration, allowing it to rapidly commercialize new packaging solutions for national and international customers. In addition to its core manufacturing operations, Axium has made significant investments in sustainability and recycling infrastructure, including its Vertix recycling operation, which converts post-consumer plastics into food-grade recycled resin for use in new packaging. The company was founded in 2010 and has experienced rapid growth over the past fifteen years, expanding from a small startup operation into a multi-facility enterprise with more than 3,500 employees and over 4.6 million square feet of manufacturing space across the United States, Canada, and Mexico. They are privately held and headquartered in New Albany, Ohio. Axium has two other facilities in the area, one in Bartlett and the other in Addison. Axium will initially hire 200 full-time employees for the Elgin location, with a preference given to qualified local residents. Axium would spend about $10 million on improvements to the existing building and another $20 million on equipment and installation. Building improvements would include upgrades to the roof, building slab, electrical system, HVAC and mechanical system, em- ployee offices, employee lunchroom, shipping office and docks, training rooms, and quality labs. The land use classification for Axium is rubber and miscellaneous plastic products (SIC Major Group 30). That land use is permitted under the PGI zoning approved for the property in 2018. OPERATIONAL ANALYSIS The Class 6b property tax incentive program enables industrial properties located in Cook County to more effectively compete with properties located in the collar counties where the statutory assessment level is generally lower than that of Cook County. The analysis in the chart below demonstrates how the Class 6b incentive enables an industrial property valued at $1 million to levels the playing field with a similarly valued industrial property located in Kane County. 4 The estimated fair market value of 1717 Gifford Road would be about $34.85 million, considering the proposed purchase price of $24.85 million and the estimated $10 million in building improve- ments. The estimated Cook County taxes generated for all taxing bodies without the Class 6b incentive during that program’s twelve-year period would be nearly $32.3 million. For compari- son, a similarly-sized industrial building on a similarly-sized property in Kane County, located in the Northwest Business Park, west of Randall Road and south of IL Route 72, would likely gener- ate about $12.1 million for all taxing bodies over twelve years. Given the disparity between Cook County and Kane County property taxes for industrial sites, Axium requires a Class 6b incentive to make the purchase and improvements to 1717 Gifford economically feasible. The estimated Cook County taxes generated for all taxing bodies during the twelve-year period with the Class 6b exemption would be approximately $14.5 million, still about $2.4 million more than if the building and property were in Kane County and about $8.2 million more than if the property were to become and remain vacant. (Cook County would collect about $6.3 million for all taxing bodies during the twelve-year period if the property was vacant, based upon its current market value and full vacancy relief.) With the majority of Elgin being in Kane County, the city could help Axium find a suitable Kane County location that does not require the city’s consent to a Class 6b incentive. But pursuing this option would still leave the city with the vacant industrial property at 1717 Gifford Road. Given the interest by Axium in purchasing the property at the cost of $24.85 million and providing about $10 million in building and property improvements, the prudent course is to initiate action that will immediately return the imminently vacant industrial building to a desirable use. A chart detailing the above estimates for 1717 Gifford Road can be viewed on page 27 of Attach- ment A. All revenue estimates are conservative and do not include periodic increases to assessed building and/or property values. Axium expects the current tenant The Packaging Wholesalers to have fully vacated the building at the time that they close on the property. If true, then Axium would request a new 6b incentive from Cook County with special circumstances (citing vacancy of the building for less than twelve 5 months). If The Packaging Wholesalers has not fully vacated the building, then Axium will request a renewal of the Class 6b incentive originally provided for The Packaging Wholesalers. (The city provided support for a Class 6b incentive for The Packing Wholesalers in 2014.) The effect of either request is the same: twelve years of property taxes at levels commensurate with Kane County. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS With the site improvements and full occupancy of the industrial building at 1717 Gifford Road, the Cook County property taxes generated with the Class 6b incentive for all taxing bodies would be about $1.1 million annually for each of the first ten years. The annual property taxes are ex- pected to increase to about $1.6 million and $2.1 million during the eleventh and twelfth years, respectively, of the Class 6b incentive program. The estimated Cook County taxes generated for all taxing bodies during the twelve-year period with the Class 6b exemption would be about $14.5 million. If Axium were to proceed without the Class 6b incentive, the estimated Cook County taxes gen- erated for all taxing bodies during that program’s twelve-year period would be nearly $32.3 mil- lion. Axium has stated that it will not purchase the property without the incentive. If the property was to become and remain vacant, the property would only generate about $520,000 per year in property taxes total or about $6.3 million over twelve years. The total increase in property taxes over the twelve-year period of the incentive with the purchase and improvements by Axium is about $8.2 million. For comparison, a similarly-sized industrial building on a similarly-sized property in Kane Coun- ty, located in the Northwest Business Park, west of Randll Road and south of IL Route 72, would likely generate about $12.1 million for all taxing bodies over twelve years. The attorney for Axium in their Cook County Assessor Class 6b Eligibility Application estimates that 200 full-time employees at this location would spend nearly $850,000 per year (or more than $10.1 million over the twelve years of the 6b incentive) on such things as gas, groceries, and entertainment. These 200 positions are new jobs, not ones relocated from other Axium facilities. The application also states that Axium will give hiring preference to local qualified applicants. This estimated economic impact does not include expenditures in the local economy by new and returning customers visiting 1717 Gifford. It was reported that Ball Aerosol & Specialty Container, Inc. employed 245 persons when they closed in December 2013. When the city reviewed the application to rezone 1717 Gifford to 6 Planned General Industrial in July 2018, The Packaging Wholesalers reported that they had 68 employees. The Cook County Assessor Class 6b Eligibility Application is provided as Attachment A to this re- port. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE NA NA NA NA NA LEGAL IMPACT None. ALTERNATIVES The city council may choose not to approve the resolution determining the property at 1717 Gifford Road is appropriate for either a new or renewed Cook County Class 6b property tax in- centive. NEXT STEPS Adopt a resolution determining the property at 1717 Gifford Road is appropriate for a new or renewed Cook County Class 6b property tax incentive. ______________________________________________________________________________ Originators: Marc Mylott, Community Development Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Cook County Class 6b Eligibility Application with Property Tax Estimate Comparison Ta- ble B. DRAFT Resolution of Support For Cook County Class 6b Classification 7  THE 'LAW OFFICES OF LISTON & TSANTILIS A PROFESSIONAL CORPORATION 200 S. WACKER, SUITE 820 CHICAGO, ILLINOIS 60606 BRIAN P. LISTON (312) ~80- H>94 PETER TSANTILIS (312) 604-3808 FACSIMILE (312) ~80-1692 February 10, 2026 VIA MAIL & EMAIL City of Elgin ATTN: Marc Mylott 150 Dexter Court Elgin, Illinois 60120 RE: Class 6b Resolution Request PJP Holding LLC 1717 Gifford, Elgin, IL 60120 PINs: 06-31-202-001/-007/-008/-011 Dear Marc: PJP Holdings, LLC (the “Applicant” or “PJP”) is the contract-purchaser of the above- referenced property (the “Subject Property”) and is requesting a Resolution from the City of Elgin supporting and consenting to a Class 6b Tax Incentive for the Subject Property based on Reoccupation of Abandoned Property with a Purchase for Value, Special Circumstances & Substantial Rehabilitation. The Subject Property currently consists of an approximately 443,103 square foot industrial facility sited on 881,624 square feet of land. The facility features 6,000 square feet of newly remodeled 2-story office, 11,000 square foot tech center, 26’6” clear height, 46 exterior docks, four (4) interior docks, (3) drive in doors, 80 trailer stalls & 100+ car parking stalls. The site is strategically located near major roadways, including 15 minutes to I-90, 22 minutes to I-355 and 25 minutes to I-290. The surrounding area also features abundant labor, with approximately 2,383,841 individuals residing within 20 miles of the Subject Property. The site is currently zoned PGI (Planned General Industrial) which is a flexible subclass of industrial zoning requiring more deliberate development plans. The goal of PGI is to provide an industrial land use classification that still allows general industrial activities, but with a planned development framework. Occupant, Employment & Use The Applicant plans to purchase, redevelop and lease the site to related entity Axium Packaging LLC (the “Occupant” or “Axium”). Axium Packaging LLC is a leading North American manufacturer of rigid plastic packaging solutions serving a wide range of consumer and industrial markets, including personal care, food and beverage, household chemicals, and healthcare products. Founded in 2010, the company has experienced rapid growth over the past fifteen years, expanding from a small startup operation into a multi-facility enterprise with more than 3,500 employees and over 4.6 million square feet of manufacturing space across the United States, Canada, and Mexico. Axium is privately held and headquartered in New Albany, Ohio, with operations strategically located to support efficient regional distribution and customer responsiveness. The Company has two plants located in Bartlett, Illinois, and plans to expand coverage with its potential purchase of the Subject Property. Axium specializes in the design and manufacture of custom plastic containers using advanced molding technologies, including extrusion blow molding, injection stretch blow molding, injection blow molding, and injection molding. The Company provides vertically integrated services that include product design, engineering, tooling, prototyping, and decoration, allowing it to rapidly commercialize new packaging solutions for national and international customers. Axium’s standardized manufacturing platforms, quality control systems, and enterprise-wide operating software enable consistent production performance across its facilities while supporting high-volume, just-in- time manufacturing requirements. In addition to its core manufacturing operations, Axium has made significant investments in sustainability and recycling infrastructure, including its Vertix recycling operation, which converts post-consumer plastics into food-grade recycled resin for use in new packaging. The company’s business model emphasizes operational efficiency, long-term customer relationships, and continued capital investment in automation, advanced equipment, and workforce development. Axium’s continued expansion reflects strong market demand for domestically produced packaging solutions and underscores its commitment to long-term operations, job creation, and economic growth within the communities in which it locates facilities. Assuming the 6b tax incentive is granted, Axium plans on hiring an initial 200 full-time employees, with preference given to qualified local residents. Based on the Employee Economic Impact Chart, an estimated 200 employees would be expected to generate approximately $847,500 in additional City revenue as compared to a vacant facility. Employee Economic Impact Chart Purchase Emp. % Exp./Week Weeks Total Lunch 200 55% $55 50 $302,500 Grocery 200 30% $50 50 $150,000 Consumer Goods 200 25% $35 50 $87,500 Entertainment 200 15% $55 50 $82,500 Auto-Gas 200 75% $30 50 $225,000 TOTAL $847,500 TOTAL OVER 12 YEARS $10,170,000 For more information on Axium please visit its website below: https://axiumpackaging.com/ Improvements & Economic Analysis As mentioned, Axium has identified the Subject Property as an ideal location to continue the Company’s expansion. The Applicant is under contract to purchase the property for $24,850,000, contingent on receiving a 6b tax incentive for the proposed new facility. Axium is FSSC 22000 certified, so the building requires multimillion dollar spend to make this building usable for manufacturing. The Company is in process of receiving bids but plans to spend upwards of $10,000,000 on improvements, including: roof upgrades, building slab upgrades, office improvements, installation of ambient temperature control units in manufacturing areas, electrical, HVAC and mechanical upgrades, upgrades to employee lunch room, toilets. docks, shipping office, employee offices, training rooms, quality labs, etc. Axium also expects to spend an additional $20,000,000+ on equipment purchase and installation. After the proposed construction and subsequent reoccupation, the Applicant expects the property to have a stabilized market value of around $34,850,000, which would generate approximately $14,522,622 in taxes over the life of the incentive (or approx. $1,075,750 per year). Without the incentive, the Applicant will not close on the property, leaving the site vacant and unused. Based on the current market value with full vacancy relief, Subject Property would generate only - $6,257,824 in taxes over the life of the incentive (or approx. $521,485 per year). Therefore, should the Class 6b be approved, the Subject Property would generate $8,264,799 in additional real estate taxes over the life of the Class 6b Tax Incentive. Please see the attached “12 Year Tax Comparison Chart.” In addition to increased property tax revenues, Axium’s presence will significantly benefit the local community. As mentioned above, Axium expects its employees and visitors will frequent City restaurants, gas stations, stores and more. The Company also expects to attract both new and returning customers who will also frequent nearby establishments. Based on the employee economic impact chart, 200 full-time are estimated to spend approximately $847,500 per year in the City on gas, - entertainment, groceries, etc. In total, the purchase, rehabilitation and reoccupation of the Subject Property is expected to generate over $18,000,000 in additional revenue over the life of the incentive. “But-For” Condition Statement The Purchase & Sales Agreement for this property includes a 6b contingency provision, whereby the buyer can elect to cancel the contract if they are not satisfied with their ability to obtain a 6b. Thus without the assistance from the Class 6b Tax Incentive, the Applicant will not purchase the Subject Property. The Applicant has determined that without the incentive, the heavy Cook County property tax burden (30.868% Effective Tax Rate) will make the purchase and over $30,000,000+ in investment at the site infeasible and will force Axium to move this particular project to a neighboring county or state. In the event that the Applicant does not purchase the Subject Property, it will remain vacant and unused, thereby drastically lowering tax generation potential. Conclusion Based on the foregoing, the Applicant requests that the City of Elgin review its Class 6b Tax Incentive request and approve a Resolution supporting and consenting to a Class 6b Tax Incentive for the Subject Property based on Re-Occupation of Abandoned Property with a Purchase for Value & Substantial Rehabilitation. Should you need any additional documentation or have any questions or concerns, do not hesitate to contact me at (312) 604-3898 or via email at mrogers@ltlawchicago.com. Respectfully Submitted, Mark Rogers Identification of Person Having an Interest in the Property Attach a complete list of all owners, developers, occupants and other interested parties (including all beneficial owners of a land trust) identified by names and addresses, and the nature and extent of their interest. Industrial Use Attach a detail description of the precise nature and extent of the intended use of the subject property, specifying in the case of the multiple uses the relative percentages of each use. Include copies of materials, which explain the occupant’s business, including corporate letterhead, brochures, advertising material, leases, photographs, etc. Employment Opportunities 100+ How many construction jobs will be created as a result of this development? ________ How many new permanent full-time and part-time employees do you now employ in Cook County? N/A Full-time: ________ N/A Part-time: _________ 200+ How many new permanent full-time jobs will be created by this proposed development? ___________ N/A How many new permanent full-time jobs will be created by this proposed development? ____________ Nature of Development Indicate nature of proposed development by checking the appropriate space: [ ] New Construction (Read and Complete Section A) [ ] Substantial Rehabilitation (Read and Complete Section A) Incentive only applied to the market value attributable to the rehabilitation [ ] Occupation of Abandoned Property - No Special Circumstance (Read and Complete Section B) [ ] Occupation of Abandoned Property - With Special Circumstance (Read and Complete Section C) [ ] Occupation of Abandoned Property - (CEERM Supplemental Application) (Read and Complete Section C) Ven Bhindwallam  Identification of Persons Having an Interest in the Property 1717 Gifford, Elgin, Illinois 60120 PINs: 06-31-202-001/-007/-008/-011 Applicant: PJP Holdings, LLC Pushminder Judge 9005 Smith’s Mill Road N New Albany, OH 43054 Potential Occupant(s): • Axium Packaging LLC (the “Occupant” or “Axium”) Axium Packaging LLC is a leading North American manufacturer of rigid plastic packaging solutions serving a wide range of consumer and industrial markets, including personal care, food and beverage, household chemicals, and healthcare products. Axium specializes in the design and manufacture of custom plastic containers using advanced molding technologies, including extrusion blow molding, injection stretch blow molding, injection blow molding, and injection molding.  Legal Description, Site and Building Square Footage 1717 Gifford, Elgin, Illinois 60120 PINs: 06-31-202-001/-007/-008/-011 The Subject Property currently consists of an approximately 443,103 square foot industrial facility sited on 881,624 square feet of land. The facility features 6,000 square feet of newly remodeled 2-story office, 11,000 square foot tech center, 26’6” clear height, 46 exterior docks, four (4) interior docks, (3) drive in doors, 80 trailer stalls & 100+ car parking stalls. The site is strategically located near major roadways, including 15 minutes to I-90, 22 minutes to I-355 and 25 minutes to I-290. The surrounding area also features abundant labor, with approximately 2,383,841 individuals residing within 20 miles of the Subject Property. The site is currently zoned PGI (Planned General Industrial) which is a flexible subclass of industrial zoning requiring more deliberate development plans. The goal of PGI is to provide an industrial land use classification that still allows general industrial activities, but with a planned development framework. Attached hereto please find:  Legal Description  Survey  Floor Plan  Aerial of Subject Property  Street View of the Subject Property LEGAL DESCRIPTION Floorplan 442,601 6,000 26'6" Available square feet Square feet office Clear height 50 3 80 18,000 Loading docks: Drive-in doors Trailer stalls Amps power 46 Ext.; 4 Int.  Occupant & Industrial Use: 1717 Gifford, Elgin, Illinois 60120 PINs: 06-31-202-001/-007/-008/-011 The Applicant plans to purchase, redevelop and lease the site to related entity Axium Packaging LLC (the “Occupant” or “Axium”). Axium Packaging LLC is a leading North American manufacturer of rigid plastic packaging solutions serving a wide range of consumer and industrial markets, including personal care, food and beverage, household chemicals, and healthcare products. Founded in 2010, the company has experienced rapid growth over the past fifteen years, expanding from a small startup operation into a multi-facility enterprise with more than 3,500 employees and over 4.6 million square feet of manufacturing space across the United States, Canada, and Mexico. Axium is privately held and headquartered in New Albany, Ohio, with operations strategically located to support efficient regional distribution and customer responsiveness. The Company has two plants located in Bartlett, Illinois, and plans to expand coverage with its potential purchase of the Subject Property. Axium specializes in the design and manufacture of custom plastic containers using advanced molding technologies, including extrusion blow molding, injection stretch blow molding, injection blow molding, and injection molding. The Company provides vertically integrated services that include product design, engineering, tooling, prototyping, and decoration, allowing it to rapidly commercialize new packaging solutions for national and international customers. Axium’s standardized manufacturing platforms, quality control systems, and enterprise-wide operating software enable consistent production performance across its facilities while supporting high-volume, just-in-time manufacturing requirements. In addition to its core manufacturing operations, Axium has made significant investments in sustainability and recycling infrastructure, including its Vertix recycling operation, which converts post- consumer plastics into food-grade recycled resin for use in new packaging. The company’s business model emphasizes operational efficiency, long-term customer relationships, and continued capital investment in automation, advanced equipment, and workforce development. Axium’s continued expansion reflects strong market demand for domestically produced packaging solutions and underscores its commitment to long-term operations, job creation, and economic growth within the communities in which it locates facilities. For more information on Axium please visit its website at: https://axiumpackaging.com/  Employment Opportunities 1717 Gifford, Elgin, Illinois 60120 PINs: 06-31-202-001/-007/-008/-011 Founded in 2010, Axium has experienced rapid growth over the past fifteen years, expanding from a small startup operation into a multi-facility enterprise with more than 3,500 employees and over 4.6 million square feet of manufacturing space across the United States, Canada, and Mexico. Assuming the 6b tax incentive is granted, Axium plans on hiring an initial 200 full-time employees, with preference given to qualified local residents. Based on the Employee Economic Impact Chart, an estimated 200 employees would be expected to generate approximately $847,500 in additional City revenue as compared to a vacant facility  Property Improvements, Potential Growth and Fiscal Effect 1717 Gifford, Elgin, Illinois 60120 PINs: 06-31-202-001/-007/-008/-011 As mentioned, Axium has identified the Subject Property as an ideal location to continue the Company’s expansion. The Applicant is under contract to purchase the property for $24,850,000, contingent on receiving a 6b tax incentive for the proposed new facility. Axium is FSSC 22000 certified, so the building requires multimillion dollar spend to make this building usable for manufacturing. The Company is in process of receiving bids but plans to spend upwards of $10,000,000 on improvements, including: roof upgrades, building slab upgrades, office improvements, installation of ambient temperature control units in manufacturing areas, electrical, HVAC and mechanical upgrades, upgrades to employee lunch room, toilets. docks, shipping office, employee offices, training rooms, quality labs, etc. Axium also expects to spend an additional $20,000,000+ on equipment purchase and installation. After the proposed construction and subsequent reoccupation, the Applicant expects the property to have a stabilized market value of around $34,850,000, which would generate approximately $14,522,622 in taxes over the life of the incentive (or approx. $1,075,750 per year). Without the incentive, the Applicant will not close on the property, leaving the site vacant and unused. Based on the current market value with full vacancy relief, Subject Property would generate only $6,257,824 in taxes over the life of the incentive (or approx. $521,485 per year). Therefore, should the Class 6b be approved, the Subject Property would generate $8,264,799 in additional real estate taxes over the life of the Class 6b Tax Incentive. Please see the attached “12 Year Tax Comparison Chart.” In addition to increased property tax revenues, Axium’s presence will significantly benefit the local community. As indicated, Axium expects its employees and visitors will frequent City restaurants, gas stations, stores and more. The Company also expects to attract both new and returning customers who will also frequent nearby establishments. Based on the employee economic impact chart, 200 full-time are estimated to spend approximately $847,500 per year in the City on gas, entertainment, groceries, etc. In total, the purchase, rehabilitation and reoccupation of the Subject Property is expected to generate over $18,000,000 in additional revenue over the life of the incentive.  12 Year Tax Estimates 1717 Gifford, Elgin, IL 60120 (PIN: 06-31-202-001/-007/-008/-011) Estimated Taxes Based on: Proposed Purchase Price + Approx. $10,000,000+ in Costs & a 6b Incentive Compared to Current Market Value with Full Vacancy Relief & no 6b Incentive Compared to Proposed Purchase Price + Approx. $10,000,000+ in Costs Without a 6b Incentive Proposed Purchase Price + Approx. $10,000,000+ in Current Market Value with Full Vacancy Relief & no 6b Proposed Purchase Price + Approx. $10,000,000+ in Costs & a 6b Incentive Incentive Costs Without a 6b Incentive Estimated Estimated Taxes at Full Estimated Estimated Assessment Estimated Assessment Assessed Value Vacancy Assessment Level Assessed Estimated Tax Effective Tax Estimated Market Level with a Assessed Value Estimated Tax Estimated Market Level With NO Without a Class Without a Class Estimated Market without a Class Value Without Without a Class Tax Year 2024 Tax Rate 2024 Multiplier Rate* Value Class 6b** With a Class 6b With a Class 6b Vzlue Class 6b 6b 6b Value 6b** a Class 6b 6b 2026 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2027 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2028 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2029 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2030 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2031 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2032 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2033 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2034 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2035 10.169% 3.0355 30.868% $34,850,000 10% $3,485,000 $1,075,750 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2036 10.169% 3.0355 30.868% $34,850,000 15% $5,227,500 $1,613,625 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 2037 10.169% 3.0355 30.868% $34,850,000 20% $6,970,000 $2,151,500 $6,757,617 25% $1,689,404 $521,485 $34,850,000 25% $8,712,500 $2,689,374 Total Estimated Taxes (2026 to 2037) $14,522,622 Total Estimated Taxes (2026 to 2037) $6,257,824 Total Estimated Taxes (2026 to 2037) $32,272,493 Annual Employee Impact of Property Tax Revenue Generated from the $847,500 $8,264,799 ~200 Full Time Employees Property's Class 6b Tax Incentive: Notes: * The 2024 Effective Tax Rate (the 2024 tax rate x the 2024 multiplier) was used. It does not take into account any increases or decreases in the Effective Tax Rate between 2024 and 2037. **The above is based on the assumption that the Class 6b Tax Incentive for the subject property will be granted in 2026 and activated in 2026 /2027 The above estimates are speculative, and should be treated as such. 2/10/2026 Page 1 of 1  12 Year Tax Estimates - KANE COMPARISON 1717 Gifford, Elgin, IL 60120 (PIN: 06-31-202-001/-007/-008/-011) Estimated Taxes Based on: Proposed Purchase Price + Approx. $10,000,000+ in Costs & No 6b Incentive (COOK COUNTY) Compared to Proposed Purchase Price + Approx. $10,000,000+ in Costse (KANE COUNTY) Proposed Purchase Price + Approx. $10,000,000+ in Proposed Purchase Price + Approx. $10,000,000+ in KANE COUNTY COOK COUNTY Costs & No 6b Incentive Costs (500 N. Colins Street as a Comp) Estimated Estimated Taxes at Full Estimated Assessment Estimated Estimated Tax Assessment Assessed Value Vacancy Estimated Effective Tax Estimated Market Level without a Assessed Value Without a Class Estimated Market Level With NO Without a Class Without a Class Effective Tax Tax Year 2024 Tax Rate 2024 Multiplier Rate* Value Class 6b** Without a 6b 6b Value Class 6b 6b 6b Tax Year 2024 Tax Rate 2024 Multiplier Rate* 2026 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2026 7.891% 1.0000 7.891% 2027 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2027 7.891% 1.0000 7.891% 2028 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2028 7.891% 1.0000 7.891% 2029 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2029 7.891% 1.0000 7.891% 2030 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2030 7.891% 1.0000 7.891% 2031 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2031 7.891% 1.0000 7.891% 2032 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2032 7.891% 1.0000 7.891% 2033 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2033 7.891% 1.0000 7.891% 2034 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2034 7.891% 1.0000 7.891% 2035 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2035 7.891% 1.0000 7.891% 2036 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2036 7.891% 1.0000 7.891% 2037 10.169% 3.0355 30.868% $34,850,000 25% $8,712,500 $2,689,374 $34,850,000 33.33% $11,615,505 $916,607 2037 7.891% 1.0000 7.891% Total Estimated Taxes (2026 to 2037) $32,272,493 Total Estimated Taxes (2026 to 2037) $10,999,280 Additional Property Taxes in Cook County vs. $21,273,213 Kane County (12 Years) Notes: * The 2024 Effective Tax Rate (the 2024 tax rate x the 2024 multiplier) was used. It does not take into account any increases or decreases in the Effective Tax Rate between 2024 and 2037. **The above is based on the assumption that the Class 6b Tax Incentive for the subject property will be granted in 2026 and activated in 2026/2027 The above estimates are speculative, and should be treated as such. 2/11/2026 Page 1 of 1  Purchase & Sales Agreement 1717 Gifford, Elgin, Illinois 60120 PINs: 06-31-202-001/-007/-008/-011 See enclosed.  1717 Gifford Drive, Elgin, Illinois PURCHASE AND SALE AGREEMENT THIS AGREEMENT made as of the Effective Date by and among JP ELGIN PROJECT COMPANY, LLC, a Delaware limited liability company (“Seller”), PJP HOLDINGS, LLC, an Ohio limited liability company (“Purchaser”), and JP Elgin Funding Company LLC (“Fee Owner”). Background A. Seller has the right under the Master Lease (as hereinafter defined) to sell the Property (as hereinafter defined) and cause Fee Owner (as hereinafter defined) to convey fee simple title to the Real Property to Purchaser and Fee Owner owns the Property; B. Subject to the terms and conditions hereinafter specified, Purchaser desires to purchase, and Seller and Fee Owner desire to sell, the Property; NOW, THEREFORE, in consideration of the premises, and the mutual covenants herein contained and for other valuable consideration, each to the other given and obtained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Terms 1. Preamble, Exhibits, Definitions. The preamble hereto and the Exhibits are a part of this Agreement. Capitalized words or phrases used in this Agreement shall have the meanings ascribed to them herein. 2. Purchase and Sale Agreement; Price. Subject to the terms and conditions hereinafter specified, Purchaser agrees to purchase, and Seller and Fee Owner each agrees to sell, the Property for the Price, subject to the adjustments thereto specified in Paragraph 14 hereof. 3. Escrow. Within five (5) business days after the Effective Date, the parties hereto, through their respective counsel, shall establish the Escrow. 4. Earnest Money. Within five (5) business day after the Effective Date, Purchaser shall deposit with Escrowee the Earnest Money. The Earnest Money shall be held in the Escrow and disbursed in accordance with the provisions of the Escrow Agreement. 5. Purchaser Investigations and Elections. Subject to the Lease and all limitations hereinafter specified, Purchaser shall have the right through the Diligence Date and thereafter to the Closing Date, so long as the Agreement has not been terminated prior to Closing in accordance with any other provision herein, to make such investigations and evaluations of the Property as Purchaser deems necessary or desirable. In connection with such investigations:  (a) Upon reasonable notice to Seller, Seller shall permit the Property Consultants access to and entry upon the Property to inspect and evaluate the condition of the Property and the feasibility of the transactions described herein. Prior to engaging in activities affecting the physical condition of the Property, Purchaser shall deliver to Seller evidence, in form and substance reasonably satisfactory to Seller, that Purchaser and each Property Consultant engaged by it and entering on the Property to perform such activities are covered by adequate commercial general liability insurance, statutory worker’s compensation insurance and automotive liability insurance. Notwithstanding the foregoing, Purchaser shall not conduct any invasive testing (including “Phase II” testing) unless it shall receive the prior written approval of the Seller. Without limitation of the foregoing, Purchaser shall have the right to obtain an environmental, zoning, geotechnical and other reports as it desires. Purchaser shall indemnify and hold Seller harmless from any cost, damage, liability or expense resulting from any injury to any person or damage to or loss of any part of the Property arising from Purchaser’s or any Property Consultant’s activities with respect to any such investigations or tests made by Purchaser or such Property Consultant, except with respect to any injuries and/or losses resulting from Seller’s or its employees’, representatives’, or agents’ gross negligence or willful misconduct. If this Agreement is terminated, the terms of this paragraph shall survive the termination of this Agreement. (b) Purchaser shall cause the information disclosed to or acquired by it or its Property Consultants in connection with the inspections and reviews described in this paragraph or otherwise provided by Seller pursuant to any other paragraph of this Agreement, including the Property Documents (the “Inspection Materials”), to the extent such information is not a matter of public knowledge or readily available to the public, to be held in confidence and not disclosed prior to the Closing Date to any party other than as may be (i) reasonably required in connection with Purchaser investigating and evaluating the Property, obtaining financing or management services for the Property or obtaining licenses to operate the Property or (ii) required by applicable law (provided that Purchaser gives Seller notice prior to disclosing pursuant to this subsection (ii) in order to allow Seller to obtain protective orders). All Inspection Materials shall be used solely for the purpose of determining whether or not the Property is suitable for Purchaser’s purpose and for no other reason. Purchaser will indemnify, defend and hold Seller harmless from and against any and all loss, liability, cost, damage or expense Seller may suffer or incur as a result of the disclosure of any Inspection Materials to any individual or entity in violation of this Agreement (whether by Purchaser or Property Consultants). Notwithstanding anything herein to the contrary, Purchaser shall have the right to terminate this Agreement through the Diligence Date for any reason by delivering to Seller Notice of the exercise by Purchaser of its right to so terminate prior to 5:00 p.m. (Chicago Time) on the Diligence Date. Unless Purchaser notifies Seller in the manner herein specified on or prior to the Diligence Date, of Purchaser’s election to terminate this Agreement, Purchaser shall be deemed conclusively to have elected to waive its right to terminate this Agreement pursuant to this Paragraph 5. If Purchaser does so exercise its right to terminate this Agreement, the Earnest Money shall be paid to Purchaser within five (5) days thereafter, and this Agreement shall terminate and be of no further force or effect, except as otherwise specified herein. If Purchaser shall elect to terminate this Agreement pursuant to the terms of this Agreement or if the Closing shall fail to take place for any other reason whatsoever, 2 Purchaser will, promptly following Seller’s written request therefore, destroy or return to Seller all Inspection Materials in the possession of Purchaser or any Property Consultant. In the event of a breach or threatened breach by Purchaser or any Property Consultant of this paragraph, Seller shall be entitled to an injunction restraining Purchaser or its Property Consultant from disclosing, in whole or in part, any Inspection Materials. Nothing herein shall be construed as prohibiting Seller from pursuing any other available remedy at law or in equity for such breach or threatened breach. If this Agreement is terminated, the terms of this paragraph shall survive the termination of this Agreement. In the event that Purchaser shall enter into to any confidentiality agreement with any tenant of the Property after the Effective Date, then Purchaser shall be bound by the terms thereof in addition to the terms of this Agreement. (c) Purchaser understands and agrees that any on-site inspections or testing of the Property shall be conducted upon at least forty-eight (48) hours’ prior notice to Seller and (if Seller elects) Seller may be present for any such inspections. Purchaser shall and shall cause each Property Consultant to comply with all applicable laws pertaining to the access and use rights granted hereunder with respect to the Property. Purchaser agrees to restore the Property to substantially the same condition existing immediately prior to Purchaser’s inspection thereof in the event of any physical damage caused by Purchaser or Property Consultants. All inspections and testing shall be conducted so as not to interfere unreasonably with use of any Property by any tenants under Leases. Purchaser shall not contact any tenant (whether at the subject Property or through other means) or conduct any tenant interviews without the prior notice to Seller. Seller shall have the right to have a representative present, at all times, during any tenant meeting. Purchaser shall not contact any governmental authority without first obtaining the prior written consent of Seller (excluding contact in connection with the preparation of a standard zoning compliance report or a 6b property tax abatement). (d) Purchaser shall, promptly following the Effective Date, diligently pursue obtaining a Class 6B incentive from the City of Elgin (the “City 6B Approval”). Seller shall reasonably cooperate with Purchaser’s efforts in connection therewith, at no cost or expense or additional liability to Seller. If, despite Purchaser’s diligent efforts, the City 6B Approval has not been obtained by the expiration of the Diligence Date, Purchaser shall have the right to extend the Diligence Date for an additional forty-five (45) days (the “6B Extension Period”), solely for the purpose of obtaining the City 6B Approval. Purchaser shall have no right to extend the Diligence Date for any other reason. The 6B Extension Period shall be exercised by written notice from Purchaser delivered to Seller prior to the then-scheduled expiration of the Diligence Date. If Purchaser has not obtained the City 6B Approval by the expiration of the 6B Extension Period, Purchaser may elect, solely due to Purchaser’s inability to obtain the City 6B Approval, to terminate this Agreement by delivering Notice to Seller on or before such date. In such event, the Earnest Money shall be returned to Purchaser and the parties shall have no further obligations (except those expressly surviving termination). If Purchaser does not timely deliver such Notice, Purchaser shall be deemed to have elected to proceed to Closing without the City 6B Approval, shall have no further right to extend the Diligence Date, and shall be obligated to close in accordance with the terms of this Agreement. 3  6. Title and Survey Matters. Seller shall cause Fee Owner to convey to Purchaser or Purchaser’s Grantee, if any, by a recordable special warranty deed (the “Deed”), fee simple title to the Real Property and such other estates, if any, as comprise the Appurtenances, subject only to the Permitted Title Exceptions (including those Title Matters to which Purchaser has objected in accordance with this paragraph, unless Seller has cured the same or caused the same to be insured over). Within ten (10) days following the Effective Date, Seller shall cause to deliver to Purchaser: (i) the Title Commitment; (ii) a legible and complete copy of each of the instruments and documents referred to in the Title Commitment and (iii) the Survey. Purchaser may, at Purchaser’s expense, obtain an update of the Survey. At least six (6) days prior to the Diligence Date (the “Objection Deadline”), Purchaser shall give Notice to Seller of Title Matters and Survey Matters. Unless Purchaser notifies Seller of Title Matters and Survey Matters by the Objection Deadline, Purchaser will be deemed conclusively to have identified no Title Matters or Survey Matters, and Purchaser shall accept title to the Property at Closing in the form described above in this paragraph, subject only to Permitted Title Exceptions. Seller may, but shall not be obligated to, cure each Title Matter or Survey Matter by taking such action as will induce the Title Insurer to eliminate such Title Matter or Survey Matter from the Title Commitment and/or may induce the surveyor providing the Survey to amend the same to show the absence of any such Title Matter or Survey Matter, and if not curable, may, but shall not be obligated to, cause the Title Company to insure against loss or damage resulting therefrom, pursuant to an endorsement in form and acceptable to Purchaser (in its sole discretion). At least three (3) days prior to the Diligence Date (the “Response Deadline”), Seller may give Purchaser Notice of those Title Matters or Survey Matters which Seller is willing to cure in the manner aforesaid or for which Seller is willing to obtain one or more of the title insurance endorsements, and it will be a condition precedent to Purchaser’s obligations hereunder that Seller so cure such Title Matters and/or Survey Matters. If Seller does not so notify Purchaser by the Response Deadline that a Title Matter or Survey Matter cannot be cured or insured over or that Seller is unwilling to cure or cause such Title Matter or Survey Matter to be insured over, Seller shall be deemed to have elected not to cure or cause such Title Matter or Survey Matter to be insured over. If Purchaser does not terminate this Agreement in accordance with Section 5 above, Title Matters and Survey Matters which Seller is not obligated to cause to be waived, cured or insured over prior to Closing shall be deemed added to and made a part of the Permitted Title Exceptions. 7. Representations and Warranties of Seller. To induce Purchaser to execute, deliver and perform its obligations under this Agreement, Seller and Fee Owner each hereby represents and warrants to Purchaser on and as of the date hereof (and as of the Closing Date) as follows: (a) Each of Seller and Fee Owner is a limited liability company, duly organized, validly existing, and in good standing under the laws of the state of its formation and duly authorized to transact business in and in good standing under the laws of the state where the Property is located. (b) Except for Seller and Tenant under Lease, there are no persons in possession or occupancy of the Real Property or any part thereof, nor are there any persons who have possessory rights in respect to the Real Property or any part thereof. 4  (c) Seller and Fee Owner have full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Seller and Fee Owner pursuant hereto; all required action and approvals therefore have been duly taken and obtained, and the individuals signing this Agreement and all other documents executed pursuant hereto on behalf of Seller or Fee Owner are duly authorized to sign the same on the Seller’s or Fee Owner’s behalf and to bind Seller and Fee Owner thereto; and to Seller’s knowledge, and subject to the Defeasance, Seller’s or Fee Owner’s execution of and performance under this Agreement shall not constitute a breach of any agreement, understanding, order, judgment or decree, written or oral, to which Seller or Fee Owner is a party, or to which any part of the Property may be subject, or by which Seller or Fee Owner may be bound, and to Seller’s and Fee Owner’s knowledge shall not constitute a violation of any provision of law, state, federal or municipal, statutory or otherwise, to which Seller, Fee Owner or the Property is or may become subject; and this Agreement and all documents to be executed pursuant hereto by the Seller is and shall be binding upon and enforceable against Seller or Fee Owner in accordance with their respective terms. (d) Neither Seller nor Fee Owner is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). (e) To Seller’s and Fee Owner’s knowledge, there are no claims, causes of action or other litigation or proceedings pending or threatened in respect to the ownership or operation of the Property. (f) To Seller's and Fee Owner’s knowledge, neither Seller nor Fee Owner has received written notice of any existing violations of any laws, similar rules and regulations relating and/or applicable to the ownership, use, and operation of the Property. (g) To Seller’s and Fee Owner’s knowledge, there are no existing or pending zoning changes, "floor area ratio" changes, variances, special zoning exceptions, conditions, or agreements affecting the Property. (h) To Seller's and Fee Owner’s knowledge, all public utilities currently serving the Property: (i) are adequate to service the requirements of the Property and the tenants under the Leases, and all payments for the same have been made by Tenants under the Leases; and (ii) are installed and operating and all installation and connection charges have been paid for in full by Tenant and Seller under the Leases. (i) Seller and Fee Owner shall terminate the current management agreement (if any) for the Property (the "Management Agreement") upon the Closing and neither Seller nor Purchaser shall have any continuing obligation or liability under the Management Agreement after the Closing Date. (j) Seller and Fee Owner shall convey to Purchaser by way of a bill of sale (in form and substance reasonably acceptable to Seller and Purchaser) Seller's and Fee Owner's right, title and interest, if any, in and to all Tangible Personal Property (if any) located at the Property. Seller and Fee Owner shall convey to Purchaser by way of an assignment 5  and assumption agreement (in form and substance reasonably acceptable to Seller and Purchaser) title to all Intangible Property (if any), conveying to Purchaser good and marketable title to such Intangible Property, free and clear of all encumbrances and adverse claims. (k) Seller shall cause any existing roof warranty to be transferred to Purchaser, either prior to the Closing Date or within thirty (30) days after the Closing Date. (l) Fee Owner owns legal and beneficial title to all the Improvements, free and clear of all lien and encumbrances. To Seller’s knowledge Seller owns legal and beneficial title to all Tangible Personal Property that remain at the Property on the Closing Date, free and clear of all liens and encumbrances, excluding any Tangible Personal Property conveyed by Tenant to Seller pursuant to the Lease Terminations, for which no representations and warranties of any kind or nature are being provided. (m) To Seller’s and Fee Owner’s knowledge, all installations, repairs, alterations, or any other work done or being done on the Property, and all fixtures included in the sale, have been paid in full. (n) To Seller’s and Fee Owner’s knowledge, Schedule 1 is a true, correct, and complete list of all leases, licenses or other similar agreements entered into by Seller and/or Fee Owner relating to the Property and effective as of the Effective Date. (o) To Seller’s and Fee Owner’s knowledge, there are no service, maintenance, supply, leasing, brokerage, listing, or other contracts (along with all amendments and modifications thereof, the "Service Contracts") entered into by Seller and/or Fee Owner affecting the Property, and the information set forth therein is accurate as of the date hereof. As used in this Agreement, the phrase “to Seller’s knowledge” or “to Fee Owner’s knowledge” means with respect to any statement following such phrase that to the date hereof, the actual (and not constructive or imputed) knowledge of Eric Clausen (“Seller’s Representative”), who is knowledgeable among those persons responsible for the day-to-day management of the Property. Notwithstanding the foregoing, Seller’s Representative is acting in his capacity as an authorized representative of Seller, and Purchaser hereby waives any right to sue or to seek any judgment or claim against Seller’s Representative on an individual basis. If, prior to the Closing Date, any event or change in circumstances occurs, through no fault of Seller or Fee Owner, which causes one or more of the foregoing representations and warranties to be no longer true and correct, Seller shall inform Purchaser of such fact within three (3) days after Seller learns of the occurrence of such change in circumstances (but in no event later than the Closing Date) and thereafter Purchaser may terminate this Agreement. The representations and warranties specified in this Paragraph 7 shall survive the Closing for a period of nine (9) months. 8. Purchaser’s Acknowledgement. Purchaser acknowledges that except as otherwise set forth in this Agreement, the Property is being sold in an “AS IS, WHERE IS” CONDITION AND “WITH ALL FAULTS”. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or Fee Owner or by any member, officer, person, firm, agent, attorney, or 6 representative acting or purporting to act on behalf of Seller and/or Fee Owner as to the condition or repair of the Property or the value, expense of operation, or income potential thereof or as to any other fact or condition which has or might affect the Property or the condition, repair, value, expense of operation or income potential of the Property or any portion thereof. The parties agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement, which alone fully and completely express their agreement, and that this Agreement has been entered into after full investigation, or with the parties satisfied with the opportunity afforded for investigation, neither party relying upon any statement or representation by the other unless such statement or representation is specifically embodied in this Agreement. Except as otherwise set forth in this Agreement, neither Seller nor Fee Owner makes any representations or warranties as to whether the Property contains asbestos or any hazardous materials or harmful or toxic substances, or pertaining to the extent, location or nature of same, if any. Further, to the extent that Seller or Fee Owner has provided to Purchaser information from any inspection, engineering or environmental reports concerning asbestos or any hazardous materials or harmful or toxic substances, neither Seller nor Fee Owner makes any representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning the contents of such reports. Purchaser acknowledges that Seller has requested that Purchaser inspect the Property fully and carefully and investigate all matters relevant thereto and that Purchaser rely solely upon the results of Purchaser’s own inspections or other information obtained or otherwise available to Purchaser, rather than any information that may have been provided by Seller to Purchaser. 9. Representations and Warranties of Purchaser. Purchaser represents and warrants to Seller that: (a) Purchaser is a limited liability company, duly organized, validly existing, and in good standing under the laws of the state of its formation and duly authorized to transact business in and in good standing under the laws of the state where the Property is located. (b) Purchaser has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Purchaser pursuant hereto; all required action and approvals therefore have been duly taken and obtained, and the individuals signing this Agreement and all other documents executed pursuant hereto on behalf of Purchaser are duly authorized to sign the same on Purchaser’s behalf and to bind Purchaser thereto; and Purchaser’s execution of and performance under this Agreement shall not constitute a breach of any agreement, understanding, order, judgment or decree, written or oral, to which Purchaser is a party or by which Purchaser may be bound, and shall not constitute a violation of any provision of law, state, federal or municipal, statutory or otherwise, to which Purchaser is or may become subject; and this Agreement and all documents to be executed pursuant hereto by Purchaser are and shall be binding upon and enforceable against Purchaser in accordance with their respective terms. 10. Conditions Precedent to Purchaser’s and Seller’s Obligations. (a) Purchaser’s obligations under this Agreement are subject to the condition precedent that Seller and Fee Owner shall have fully and timely performed all of their 7 respective obligations under this Agreement, which condition precedent shall have been satisfied to Purchaser’s satisfaction, or otherwise waived in writing by Purchaser (no such waiver shall be presumed or inferred from any action or inaction of Purchaser), which Purchaser shall have the right, but no obligation, to do. In the event the foregoing condition precedent is not satisfied and Purchaser does not expressly elect to waive the same, Purchaser shall have the right to terminate this Agreement by giving Seller Notice of its election to do so on or before the Closing Date whereupon the Escrow shall be terminated, the respective deposits (including the Earney Money and any other funds subject to the Escrow Agreement) returned to Purchaser within five (5) days thereafter, and except as otherwise specified in Paragraph 7 hereof respecting a breach of warranty for which Seller or Fee Owner is responsible, this Agreement shall have no further force or effect, except as otherwise specified herein. (b) Seller’s obligations under this Agreement are subject to the conditions precedent that Purchaser shall have fully and timely performed all material obligations under this Agreement, which condition precedent shall have been satisfied to Seller’s reasonable satisfaction, or otherwise waived in writing by Seller (no such waiver shall be presumed or inferred from any action or inaction of Seller), which Seller shall have the right, but no obligation, to do. In the event any of the foregoing condition precedent is not satisfied and Seller does not expressly elect to waive the same, Seller shall have the right to terminate this Agreement by giving Purchaser Notice of its election to do so on or before the Closing Date whereupon the Escrow shall be terminated, the Earnest Money promptly shall be delivered to Seller, the respective deposits (other than the Earnest Money, as aforesaid) returned within five (5) days thereafter, and this Agreement shall have no further force or effect, except as otherwise specified herein. (c) In addition, Purchaser’s obligations under this Agreement are subject to Seller obtaining a fully executed termination of the Lease and the Master Lease (collectively, the “Lease Terminations”) and shall vacate and cause Tenant to vacate and surrender the Property in broom clean condition and otherwise in accordance with the applicable Lease Termination prior to the Closing Date. For the avoidance of doubt, the terms and conditions of any proposed Lease Termination shall be subject to Seller’s sole and absolute discretion, and Seller shall have no obligation to enter into or execute any Lease Termination that is not acceptable to Seller in Seller’s sole and absolute discretion. If, despite such good faith and diligent efforts, Seller is unable to obtain the Lease Terminations at least one (1) day prior to the Closing Date, then Seller may, by providing written notice to Purchase no later than one (1) day before the scheduled Closing Date, extend the Closing Date, for one (1) additional period of thirty (30) days to allow for Seller to obtain all Lease Terminations. Notwithstanding anything herein to the contrary, the Lease Termination with respect to the Master Lease shall be in form and substance reasonably acceptable to Purchaser. Obtaining the Lease Terminations shall constitute a condition precedent to Purchaser’s, Fee Owner’s and Seller’s obligations to consummate the Closing, and the absence of or the failure to obtain the Lease Terminations shall not be deemed a default by Seller. If the Lease Terminations are not obtained on or before the Closing Date (as may be extended hereunder), either Purchaser or Seller may terminate this Agreement by providing Notice, whereupon the Earnest Money shall be returned to 8  Purchaser within five (5) business days, and this Agreement shall have no further force or effect except as otherwise specified herein. (d) As a condition precedent to Purchaser’s obligations to consummate the Closing, Seller shall, at Seller’s sole cost and expense and to a commercially reasonable satisfaction, complete all repairs and other work described on Exhibit C attached hereto (the “Required Repairs”) on or before the Closing Date. If Seller has not completed all of the Required Repairs as of the then-scheduled Closing Date despite Seller’s commercially reasonable efforts, it shall not be deemed a default by Seller and Seller shall have the right, upon written notice to Purchaser, to extend the Closing Date for up to thirty (30) days in order to complete the Required Repairs. If Seller completes the Required Repairs (to a commercially reasonable satisfaction) within such extension period, Purchaser shall proceed to Closing in accordance with this Agreement. At the Closing, Seller shall assign and transfer to Purchaser, without recourse and without representation or warranty (except as to Seller’s authority to assign), any and all assignable warranties, guaranties, and similar rights received by Seller in connection with the Required Repairs. 11. Maintenance and Operation of Property Prior to Closing Date. From and after the date hereof to the Closing Date, Seller and Fee Owner shall refrain from encumbering any of the Property and, subject to interruptions attributable to causes beyond Seller’s and Fee Owner’s reasonable control, shall continue the operations of the Property in compliance with all laws and in substantially the same manner as they currently are being conducted including, but not limited to, providing normal and regular upkeep, maintenance and repairs for the Property, and the services required of Seller under the Leases, and maintaining in force insurance coverage the same as the coverages which currently are in force, subject, however, to the Leases. As long as this Agreement remains in full force, neither Seller nor Fee Owner shall (i) remove any Tangible Personal Property or fixtures except in the normal course of operating the Real Property provided that replacements therefore are made which are equal or better in quality and design as that being replaced, (ii) create any cloud on title to the Property which is not otherwise a Permitted Title Exception; or (iii) enter into new leases, easements, licenses or other similar arrangements after the Effective Date, without the prior written consent of Purchaser (which may be withheld or denied for any reason). 12. Service Contracts. Seller and Fee Owner shall terminate, effective as of the Closing Date, all Service Contracts; and no Service Contracts shall be assigned to Purchaser at Closing, and Purchaser shall not assume any obligations or liabilities thereunder. 13. Closing. (a) The Closing shall occur on the Closing Date. (b) In the event that Fee Owner, despite Fee Owner’s good faith and diligent efforts, is unable to obtain Fee Owner’s lender’s consent prior to the Closing Date to the release of the mortgage encumbering the Property and the accompanying defeasance of the allocated amount of the existing loan on the Property such that Fee Owner can deliver the Property free and clear of Fee Owner’s existing mortgage loans (collectively, the “Defeasance”), the Closing Date shall be extended for one (1) period of thirty (30) days to allow for completion of the Defeasance, by Fee Owner providing Notice to Purchaser no later than one (1) day before the scheduled Closing Date that Seller was unable to effectuate 9 the Defeasance prior to the scheduled Closing Date. Successful completion of the Defeasance shall be a condition precedent to Purchaser’s, Seller’s and Fee Owner’s obligations under this Agreement. The failure to complete the Defeasance shall not in any way be deemed a default by Seller or Fee Owner hereunder but rather condition precedent to Purchaser’s, Seller’s and Fee Owner’s obligations to consummate the Closing. Purchaser agrees that it shall deliver in escrow the balance of the Price, plus or minus prorations and credits or charges as provided herein, in immediately available federal funds no later than 11 a.m. (Chicago time) the day before the Closing Date in order to assist Fee Owner with the completion of the Defeasance. In the event that the Defeasance is not completed on or before the Closing Date (as may be extended hereunder), this Agreement shall terminate, whereupon the Escrow shall be terminated, the Earnest Money shall be returned to Purchaser within five (5) business days, the Purchase Price (if deposited prior to the Closing Date pursuant to this paragraph) shall be immediately returned to Purchaser, and this Agreement shall have no further force or effect except as otherwise specified herein. (c) On or prior to the Closing Date, Seller will deliver, and shall cause Fee Owner to deliver, as applicable, the following to Escrowee (or in case of item (xiii) below, to Purchaser): (i) the Deed; (ii) a bring-down certificate certifying that Seller’s and Fee Owner’s representations and warranties remain true and correct as of the Closing Date; (iii) a bill of sale of Tangible Personal Property and an assignment and assumption of all Intangible Property executed by Seller and Fee Owner; (iv) Seller’s or Fee Owner’s, as applicable, counterpart of all transfer tax declarations for the Deed; (v) a certificate in the form prescribed by the Internal Revenue Service pursuant to Section 1445(b)(4) of the Internal Revenue Code (the “Code”) that Seller and Fee Owner is not a foreign person as that term is defined in the Code; (vi) a copy of each of the Lease Terminations; (vii) a statement from Seller’s Broker and Seller indicating the commission due it; (viii) Seller’s and Fee Owner’s “ALTA Statement” showing no exception to the assurances specified therein except for Permitted Title Exceptions; (ix) a “Gap Undertaking” duly executed on behalf of Seller and Fee Owner for the period from the most recent effective date of the Title Commitment and the Closing Date; 10  (x) to the extent in Seller’s or Fee Owner’s possession, all keys, key cards, combinations, and codes relating to the operation of the Property; and Seller and Fee Owner shall use reasonable efforts to coordinate the transfer of all such items to Purchaser; (xi) an Omnibus Partial Release and Partial Termination in a form customarily used by Seller and Fee Owner and reasonably acceptable to Purchaser to terminate the Master Lease with respect to the Property; (xii) a Partial Release and Partial Termination of Master Operating Lease Agreement & Supplemental Agreement (Operating Lease) in a form customarily used by Seller and Fee Owner and reasonably acceptable to Purchaser to terminate the Master Lease with respect to the Property; (xiii) a Termination of Memorandum of Master Lease Financing Facility Agreement and Master Operating Lease Agreement and Termination of Assignments of Leases and Rents in a form customarily used by Seller and Fee Owner and reasonably acceptable to Purchaser to terminate the Memorandum of Lease and related Master Lease documents with respect to the Property; (xiv) a signed settlement statement; and (xv) such other documents as may be reasonably requested by the Title Company to consummate this transaction pursuant to this Agreement. (d) On or prior to the Closing Date, Purchaser will deliver the following to Escrowee: (i) Purchaser’s counterpart of all transfer tax declarations for the Deed; (ii) a signed settlement statement; (iii) such other documents as may be reasonably requested by the Title Company to consummate this transaction pursuant to this Agreement; and (iv) the balance of the Price, plus or minus prorations and credits or charges as provided herein, in immediately available federal funds. 14. Prorations and Adjustments. Prorations shall be made as of the Closing Date as if Purchaser were in title for the entire Closing Date. The following shall be prorated and adjusted between Seller and Purchaser: (a) Closing Costs. At or prior to the Closing, Seller shall pay (i) the costs of obtaining and/or keeping in force the Title Commitment and the premiums for the Title Policy up to the amount of the Price, (ii) one-half of the charges of Escrowee for administering the Escrow, (iii) all state and county taxes imposed by law on the transfer of title to the Property, (iv) any other Cook County recording, filing or expenses required to consummate the transactions contemplated herein and not expressly set forth in this 11 Agreement, and (v) the amounts required to obtain and record the release of all liens and encumbrances, if any, affecting the Property (unless the same is an Insured Exception) and which Seller or Fee Owner is obligated to cause to be released pursuant to Paragraph 6, and (vi) the charges of Seller’s and Fee Owner’s counsel and other advisors to Seller and Fee Owner including, but not limited to, Seller’s Broker and Fee Owner’s broker. Purchaser shall be responsible for paying (1) one-half of the charges of Escrowee for administering the Escrow, (2) the premiums for title insurance in an amount, if any, exceeding the Price, or required in connection with any loan policy of title insurance issued in connection with this transaction, (3) the premiums for any title insurance endorsements; (4) all of the charges of Escrowee for administering any separate money lender’s escrow agreement in connection with this transaction, (5) recording costs for recording the Deed and mortgage loan documents and (6) the cost of any update to the Survey. (b) Security Deposits. The amount of all cash security and any other cash tenant deposits actually held by Seller, and interest due thereon, if any, shall be credited to Purchaser. (c) Reserved. (d) Reserved. (e) Taxes. Seller and Fee Owner shall be responsible for the payment of all real estate taxes and special assessments attributable to the Property that are due and payable on or before the Closing Date. Seller shall deposit funds for any such taxes or special assessments becoming due and payable prior to the Closing Date into escrow (upon terms and conditions acceptable to Purchaser) with the Title Insurer, and the Title Insurer shall make such payments immediately prior to Closing. Additionally, on the settlement statement Seller and Fee Owner shall provide Purchaser with a credit to the Purchase Price in an amount equal to $450,000.00 less the amounts paid by the Title Insurer in accordance with the second sentence of this sub-part (e). There shall be no other proration of real estate taxes. To the best of Seller’s and Fee Owner’s knowledge, no special assessments have been or will be assessed against the Property prior to the Closing. (f) Real Estate Tax Protests. All real estate assessment protests and proceedings that are filed (or otherwise initiated) by Seller prior to the Closing Date and that affect the Property (collectively or individually, a “Protest”), if any, will be prosecuted under Seller’s direction and control, although, as provided below, Purchaser may have an obligation to bear a portion of the costs and expenses that Seller incurs to so prosecute a Protest. In the event of any reduction in the assessed valuation of the Property, the tax savings shall: (a) with respect to fiscal years ending prior to 2025, be payable to Seller, in their entirety; (b) if the Protest in question results in a tax savings only with respect to the fiscal year in which the Closing shall occur, then after deduction of actual, documented and reasonable expenses and attorneys’ fees incurred by Seller and Purchaser with respect to that particular Protest, such tax savings shall be adjusted between Seller and Purchaser as of the day before the Closing Date; and (c) if the Protest in question results in tax savings applicable to the fiscal year in which Closing occurs, as well as to future fiscal years, then Seller and Purchaser each be responsible for their respective expenses and attorneys’ fees 12  incurred and the tax savings occurring as a result of that Protest and its related reduction in assessed valuation shall be adjusted between Seller and Purchaser so as to provide Seller with the benefit of the reduction for the period of time immediately preceding the Closing Date and to provide Purchaser with the benefit of the reduction for the period of time from and after the Closing Date. If any reduction in assessment shall be granted for a period that is prior to the Closing occurs and such reduction in assessment takes the form of a credit for taxes payable at or after Closing, Seller shall be entitled to receive a sum equal to such credit when received by Purchaser. In addition, Purchaser shall be responsible for payment of all consulting fees and costs incurred in connection with any renewal, extension, or continuation of the existing class 6b real estate tax incentive affecting the Property, whether such process is initiated before or after the Closing, and Seller shall reasonably cooperate in connection therewith. This subparagraph shall survive Closing. (g) Other. Such other items as are customarily prorated in transactions of this nature shall be ratably prorated, including, without limitation all utility services. (h) Adjustments. In the event any prorations made pursuant hereto shall prove incorrect for any reason whatsoever, or in the event the prorations set forth above are estimated on the most currently available (rather than based on the actual final) bills, either party shall be entitled to an adjustment to correct the same provided that it makes written demand on the other within three (3) months after the Closing Date. The provisions of this subparagraph shall survive Closing. 15. Possession. Exclusive possession of the Property shall be delivered to Purchaser on the Closing Date free of any occupants or parties claiming any possessory interest therein, and the tenants under the Leases shall have vacated the Property prior to Closing. The Buildings and other Improvements shall be (a) free of any property owned by any tenants under the Leases; and (b) delivered in broom clean condition without any personal property other than such personal property that is being transferred hereunder. 16. Destruction or Damage. If after the Diligence Date and prior to the Closing Date, the Improvements shall be destroyed or damaged in an amount in excess of $375,000.00 by fire, vandalism or other casualty, then Purchaser shall have the right and option to terminate this Agreement by giving Seller Notice to such effect, within the later of (i) twenty (20) days after the date of receipt by Purchaser of Notice from Seller of such fire or other casualty or (ii) five (5) days after the determination of the amount of such damages as provided in this paragraph. Should Purchaser elect to so terminate this Agreement, the Earnest Money (together with any other funds subject to the Escrow Agreement) shall be returned forthwith to Purchaser within five (5) days after Notice of such election, and thereupon the parties hereto shall be released from any and all further obligations hereunder, except as otherwise specified herein. In the event of fire, vandalism or other casualty causing damage in the amount of $375,000.00 or less, (or more than $375,000.00, if Purchaser does not so elect to terminate), then Purchaser shall not have the right to so terminate this Agreement and in such event shall have the right to participate in the adjustment and settlement of any insurance claim relating to said damage, and at the Closing, Seller shall assign the interest of Seller in and to any insurance proceeds with respect to said damage to Purchaser, and Purchaser shall be given a credit against the Price in an amount equal to the amount deductible under the applicable insurance policies. If the Closing Date is a date prior to the expiration of the time 13 periods specified above, the Closing shall be delayed until Purchaser makes its election within the time periods specified above. 17. Condemnation. Prior to the Closing Date, if any proceeding, judicial, administrative or otherwise, which shall relate to the proposed taking of any portion of the Property by condemnation or eminent domain or any action in the nature of eminent domain, or the taking or closing of any right of access to the Property, is instituted or commenced, Purchaser shall have the right and option to terminate this Agreement by giving Seller Notice to such effect within ten (10) days after actual receipt of Notice from Seller of any such occurrence or occurrences or the day prior to the Closing Date, whichever is earlier. Failure of Purchaser to give such Notice within such time shall be conclusive evidence that Purchaser has waived the option to terminate by reason of the occurrence of which it has received Notice, and Purchaser shall be credited with or be assigned all Seller’s right to any proceeds therefrom. Seller hereby agrees to furnish Purchaser Notice in respect to any such proceedings within forty-eight (48) hours of Seller’s receipt of any such notification or learning of the institution of such proceedings. Should Purchaser elect to so terminate this Agreement, the Earnest Money (together with any other funds subject to the Escrow Agreement) shall be returned forthwith to Purchaser within five (5) business days after Notice of such election, and thereupon the parties hereto shall be released from any and all further obligations hereunder, except as otherwise specified herein. If the Closing Date is less than ten (10) days following Purchaser’s receipt of such Notice, then the Closing shall be delayed until Purchaser makes such election. Notwithstanding the foregoing, if such proceeding by way of condemnation or eminent domain shall be “insubstantial,” Purchaser shall not have the right to terminate this Agreement but shall be credited with or be assigned Seller’s right to any proceeds therefrom. An “insubstantial” proceeding shall be one which (i) does not relate to the taking or closing of any right of access to the Property, (ii) affects only the perimeter of the Property and does not involve more than the equivalent of $375,000.00 in value, (iii) does not enable Purchaser’s lender to terminate its loan commitment to provide financing for Purchaser’s acquisition of the Property, and (iv) does not involve any material relocation of utility facilities serving the Property (providing this latter condition shall be deemed deleted if Seller shall agree to pay any cost of relocation of any of the same and may use such part of the proceeds of the award allocable thereto for such purpose). 18. Remedies for Defaults. If Purchaser defaults hereunder in any material respect, Seller shall have the right to terminate Seller’s obligations hereunder, Purchaser’s rights under this Agreement, and whatever interest in the Property is derived hereunder, by giving Notice of such election to Purchaser, in which event Seller shall be paid, and have the right to retain, the Earnest Money, which payment to Seller of the Earnest Money in respect of such default shall be Seller’s sole and exclusive remedy therefore (Seller and Purchaser each agreeing that the amount of said Earnest Money to be so paid to Seller under such circumstances is the mutually agreed upon amount of compensation to Seller for making the Property available to Purchaser on the terms and during the pendency of this Agreement, and that the payment thereof will not result in a penalty or forfeiture, and shall be in lieu of any other remedy or damages). If Seller or Fee Owner defaults hereunder prior to Closing in any respect and such default remains uncured five (5) days after Notice thereof from Purchaser to Seller in which the nature of the default is described with particularity, Purchaser may elect, as Purchaser’s sole and exclusive remedy, either to: (i) terminate Purchaser’s obligations hereunder by giving Notice of such election to Seller, in which event the Earnest Money shall be returned to Purchaser plus Seller shall immediately reimburse 14 Purchaser for its actual out of pocket third-party costs and expenses reasonably incurred in connection with the negotiation, execution and enforcement of this Agreement and Purchaser’s due diligence efforts related to this Agreement (in an amount not to exceed $50,000), or (ii) compel Seller or Fee Owner, as applicable, to perform its obligations hereunder in accordance with the terms hereof through an action for specific performance, which action must be initiated, if at all, within sixty (60) days of such default. 19. No Assignments; Binding Effect. No party shall assign this Agreement without the other party’s prior written consent, except that Purchaser may assign its rights hereunder to any entity which will acquire the Property as part of a Section 1031 tax deferred exchange for the benefit of Purchaser pursuant to an exchange agreement with Purchaser, without thereby releasing Purchaser from its obligations hereunder. Any entity to which this Agreement is assigned pursuant to this paragraph shall expressly assume all obligations of the party assigning this Agreement, and the party assigning this Agreement shall not be relieved of its obligations under this Agreement. 20. Real Estate Brokers. Each party represents to the other that it has not engaged the services of, or been assisted by, any real estate broker or sales person in connection with this transaction other than Seller’s Broker and Buyer’s Broker to whom Seller shall pay a commission in accordance with its agreement with said firms. If any claims for brokerage commissions or fees are ever made against Seller or Purchaser in connection with this transaction by anyone other than Seller’s Broker or Buyer’s Broker, all such claims shall be defended and/or paid by the party whose actions or alleged commitments form the basis of such claim, and the party whose actions or commitments form the basis of such claim shall indemnify and hold harmless the other from and against any and all such claims and demands with respect to any brokerage fees or agents’ commissions or other compensation asserted by any person, firm or corporation in connection with this contract or the transactions contemplated hereby. 21. Notices. Each Notice shall be in writing and either: (a) sent by overnight courier delivery service, (b) sent by registered or certified mail, postage prepaid, return receipt requested, or (c) sent by electronic mail transmission (with confirmation of receipt). Notices shall be addressed to the respective parties, as follows: If for Seller: JP Elgin Project Company, LLC 10275 W. Higgins Road, Suite 810 Rosemont, Illinois 60018 Attention: Michael Brennan Email: mbrennan@brennanllc.com with a copy to: c/o Brennan Investment Group 10275 W. Higgins Road, Suite 810 Rosemont, Illinois 60018 Attention: Legal Department Email: legal@brennanllc.com If for Purchaser: PJP Holdings, LLC 9005 Smith’s Mill Road North 15  New Albany, Ohio 43054 Attention: Ven Bhindwallam Email: vbhindwallam@axiumplastics.com with a copy to: Porter Wright 41 S. High Street, 31st Floor Columbus, Ohio 43215 Attention: Andrew M. Bojko Email: abojko@porterwright.com Each party hereto may, from time to time, change the address or name specified above for it by giving Notice to the other party (or parties, as the case may be) in accordance with this paragraph. 22. Governing Law. This Agreement shall be construed, and the terms hereof shall be enforceable, in accordance with the internal laws (as distinguished from the conflicts of law provisions) of the state where the Property is located, and in the event any legal proceedings are brought in connection with this Agreement, the parties agree that the venue therefore shall be only state and federal courts located in the state where the Property is located, and the courts to which an appeal therefrom may be taken. 23. Expenses of Enforcement. In the event of litigation between the parties with respect to the Property, this Agreement, the performance of their obligations hereunder or the effect of a termination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneys’ fees. 24. Amendments. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 25. Non-Business Days. If any date herein set forth for the performance of any obligations by Seller or Purchaser or for the delivery of any instrument or Notice or for the satisfaction of any condition precedent, as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery or satisfaction of such condition shall be extended to the next business day following such Saturday, Sunday or legal holiday. As used herein, the term “legal holiday” means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Illinois for observance thereof. 26. Construction of Agreement; Entire Agreement. Time is of the essence in the performance of this Agreement. This Agreement shall not be construed more strictly against one party than against the other merely because of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Seller and Purchaser have contributed substantially and materially to the preparation of this Agreement. The headings of various paragraphs in this Agreement are for convenience only, and are not to be utilized in construing the content or meaning of the substantive provisions hereof. This Agreement supersedes all previous agreements between Seller and Purchaser pertaining to the Property, and this Agreement therefore constitutes the entire agreement and understanding of the parties hereto. 16  27. Survival of Certain Provisions. The provisions of this Agreement, which by their nature are intended to be performed or be applicable after the Closing, shall not merge into the Deed and shall survive the Closing (but only for the duration, if any, specified herein), and all other provisions of this Agreement shall have no further force or effect after the Closing. 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 29. Tax-Deferred Exchange. If Seller or Purchaser desires to structure the applicable transaction to effect a tax-deferred exchange under Section 1031 of the United States Internal Revenue Code and the regulations promulgated thereunder, as amended, then the other party shall cooperate with the structuring party in such effort provided (a) the structuring party pays all reasonable third party, out-of-pocket costs and expenses incurred by the other party in connection therewith, and (b) no other party incurs any potential liabilities as a result thereof that would not otherwise have been incurred by the other party (e.g., by having to make any warranties under a deed). 30. Master Lease. JP Elgin Funding Company LLC, a Delaware limited liability company (“Fee Owner”), has leased all of Fee Owner's right, title and interest in and to the Property to Seller pursuant to that certain Master Lease Financing Facility Agreement, dated as of March 2, 2018, together with certain related documents, instruments and agreements (as amended, modified or supplemented from time to time, collectively, the “Master Lease”). Under the Master Lease, Seller has the right to acquire all of Fee Owner's right, title and interest in and to the Property from the Fee Owner and to direct Fee Owner to convey all of Fee Owner's right, title and interest in and to the Property to any third party (the “Purchase Option”). Fee Owner agrees that Fee Owner shall convey all of Fee Owner’s right, title and interest in and to the Property to Purchaser at Closing upon the exercise of Seller’s Purchase Option at Closing. Seller and Fee Owner agree to cause the Master Lease to be terminated with respect to the Property at Closing. 31. Definitions For all purposes of this Agreement, except as otherwise expressly required or unless the context clearly indicates a contrary intent: (a) “Agreement” means this Purchase and Sale Agreement between Seller and Purchaser; (b) “Appurtenances” means, collectively, all privileges, rights, easements, hereditaments, and appurtenances belonging to or for the benefit of the Land, including, but not limited to, all mineral, oil and gas, other subsurface rights, development rights, air rights, water rights, any streets, alleys, passages, and other rights-of-way included thereon or adjacent thereto (before or after the vacation thereof) and vaults beneath any such streets; (c) “Building” means the building constructed on the Land containing approximately 443,103 square feet of rentable space in the aggregate; (d) “Buyer’s Broker” means Frank Griffin of Lee & Associates; (e) “Closing” means the consummation of this Agreement; 17  (f) “Closing Date” means the date which is twenty (20) days after the Diligence Date; (g) “Diligence Date” means the date which is 45 days after the Effective Date; (h) “Earnest Money” means Five Hundred Thousand and No/100 U.S. Dollars ($500,000.00); (i) “Effective Date” means February[ 3rd ], 2026; (j) “Escrow” means the escrow established with Escrowee pursuant to the Escrow Agreement; (k) “Escrow Agreement” means Escrowee’s standard form of Strict Joint Order Escrow Agreement; (l) “Escrowee” means First American Title Insurance Company; (m) Reserved; (n) “Exhibits” means, collectively, the exhibits attached to this Agreement; (o) “Improvements” means, collectively, the Building and all other improvements located on the Land, or fixtures thereto (including all replacements or additions thereto between the Effective Date and the Closing Date) such as, but not limited to, all systems, facilities, fixtures, machinery, equipment and conduits to provide fire protection, security, heat, exhaust, ventilation, air conditioning, electrical power, lighting, plumbing, refrigeration, gas, sewer, water, telephone, and television reception thereto, elevators, canopies, and signs; (p) “Insurable Easement” means each recorded easement for the benefit of the Land; (q) “Insured Exception” means any Title Matter or Survey Matter which the Title Company is willing to insure over on terms acceptable to Seller and Purchaser; (r) “Intangible Property” means Seller or Fee Owner’s rights, if any, to all roof and other warranties, guarantees, utility contracts, approvals (governmental or otherwise), permits, certificates of occupancy, surveys, plans and specifications, trademarks or tradenames, copyrights, and any agreements, covenants, or indemnifications that Seller or Fee Owner has received from a third party, including any prior owner or tenant, and relating to the Land, Appurtenances, or Improvements, and Service Contracts. (s) “Land” means the fee simple estate in that certain improved parcel of land described on Exhibit A, and commonly known as 1717 Gifford Drive, Elgin, Illinois; 18  (t) “Lease” means, that certain Lease Agreement, dated June 23, 2016, by and between Seller and JIT Packaging, LLC (“Tenant”) which are in force on the date of this Agreement but will be terminated at or prior to the Closing Date; (u) “Monetary Lien” means title exceptions disclosed in the Title Commitment which can be removed by the payment of a liquidated sum of money. (v) “Notice” means each notice, request, demand, approval, consent, election, or other communication permitted or required to be given under this Agreement; (w) “Permitted Title Exceptions” means, collectively, all title exceptions disclosed in Schedule B-2 to the Title Commitment, other than those which Seller agrees to cause or is obligated to cause to be waived, cured or insured over at or prior to Closing. Notwithstanding anything herein to the contrary, (1) no Monetary Lien or memorandum of lease (or any similar instrument) shall be considered a “Permitted Title Exception” and (2) as a condition to Purchaser’s obligation to close, Seller, Fee Owner and Title Insurer shall ensure that no tenancy or occupant rights shall encumber the Property or the final title policy and all memorandum of leases and similar instruments shall be deleted from title prior to Closing; (x) “Price” means $24,850,000.00. (y) “Property” means, collectively, all right, title and interest of Seller and Fee Owner, as appliable, in and to (i) the Real Property, (ii) the Appurtenances, and (iii) the Intangible Property and Tangible Personal Property. (z) “Property Consultants” means, collectively, Purchaser and Purchaser’s designated representatives, agents, employees, contractors, architects, engineers, and environmental specialists; (aa) “Property Documents” means, collectively, the documents described in Exhibit B, attached hereto and made a part hereof, to the extent the same are in Seller’s possession and control; (bb) “Purchaser’s Grantee” means such other grantee as designated by Purchaser in a Notice to Seller given not less than five (5) days prior to the Closing Date; (cc) “Real Property” means, collectively, the Land, the Improvements and every Insurable Easement; (dd) “Seller’s Broker” means Dan Leahy of NAI Hiffman; (ee) “Service Contracts” means, collectively, all service, maintenance, operating, repair, advertising and other contracts relating to the Real Property, if any, to which Seller is a party; (ff) “Survey” means that certain plat of survey of the Real Property prepared by Bock & Clark Corporation and dated December 20, 2017; 19  (gg) “Survey Matter” means a matter which is disclosed in the Survey or in any prior survey delivered by Seller and to which Purchaser specifically objects by Notice to Seller; (hh) “Tangible Personal Property” means all of the following: Seller's and Fee Owner's right, title and interest, if any, in and to all machinery, equipment, furnishings, signs, inventory and other tangible personal property, situated in or upon or used solely in connection with the operation or maintenance of the Real Property, including, without limitation, any machinery, equipment, furnishings, signs, inventory and other tangible personal property conveyed by Tenant to Seller in connection with Tenant's surrender of the Real Estate to Seller pursuant to the Lease Terminations and the bill of sale delivered by Tenant to Seller in connection therewith; (ii) “Title Commitment” means a title commitment dated after the Effective Date for an extended coverage owner’s policy of title insurance (ALTA Form 2006), in the amount of the Price, naming Purchaser as the proposed insured and covering the title to the Real Property and each of the Appurtenances, if any, comprising an Insurable Easement; (jj) “Title Matter” means a matter which is disclosed in the Title Commitment and to which Purchaser specifically objects by Notice to Seller; (kk) “Title Insurer” means First American Title Insurance Company; and (ll) “Title Policy” means the title policy described in the Title Commitment, as supplemented by Purchaser’s closing instruction letter to the Title Insurer or its agent. [NO FURTHER TEXT ON THIS PAGE] 20 21  1717 Gifford Drive, Elgin, Illinois EXHIBIT A Description of the Land  EXHIBIT B Schedule of Property Documents 1. The Lease. 2. Existing title commitments and surveys for the Property. 3. A zoning report dated as of February 6, 2018. 2  EXHIBIT C Scope of Repairs 3 4  SCHEDULE 1 1. The Lease, but will be terminated at or prior to the Closing Date. 2. The Master Lease, but will be terminated at or prior to the Closing Date. 5  Resolution No. 26-XX RESOLUTION DETERMINING REAL ESTATE LOCATED AT 1717 GIFFORD ROAD IS APPROPRIATE FOR CLASS 6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION (PJP Holdings, LLC – Axium Packaging, LLC) WHEREAS, the City of Elgin (the “City”) desires to promote the creation, retention, and expansion of business and industry in the City; and WHEREAS, the Cook County Board of Commissioners has adopted the Cook County Real Property Classification Ordinance which creates the Class 6b Tax Assessment Program to create and retain industrial development in Cook County; and WHEREAS, PJP Holdings, LLC (the “Applicant”) has signed a purchase and sale agreement to purchase the property located at 1717 Gifford Avenue, Cook County, Illinois, consisting of Permanent Index Numbers 06-31-202-001, 06-31-202-007, 06-31-202-008, and 06- 31-202-011, consisting of approximately 20.2 acres of total land area and as further described in the legal description attached hereto as Exhibit “A” and made a part hereof (the "Property") and has applied for or is applying for a Class 6b Cook County Real Property Assessment Classification based on Substantial Rehabilitation and on Occupation of Abandoned Property With Special Circumstances for the Property; and WHEREAS, Applicant intends to improve the existing building and the Property to be used as the third Illinois location for Axium Packaging, LLC on the Property and has requested that the City grant approval of a Cook County Class 6b Tax Assessment Classification based on Substantial Rehabilitation and on Occupation of Abandoned Property With Special Circumstances for the Property; and WHEREAS, such approval is required prior to the filing of an application with the County of Cook to be considered for approval; and WHEREAS, the City is a Home Rule municipality within the purview of Article VII, Section 6(a) for the Illinois Constitution (1970) and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City has received the Applicant’s Economic Disclosure Statement (EDS) Affidavit; and WHEREAS, it has been determined by the Mayor and City Council of the City of Elgin that approving the Cook County Class 6b for the Property is necessary and beneficial for the local economy; and WHEREAS, to promote commercial stability, property values of neighboring commercial property, prevent potential blight brought on by vacancy and to create and retain jobs within the City, the Mayor and City Council of the City of Elgin have determined that it is in the best interests of the City to approve the Class 6b incentive for the Property based on Substantial Rehabilitation and on Occupation of Abandoned Property With Special Circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby finds and determines that the Property is appropriate for classification 6b under the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED, that the City of Elgin supports and consents to the Class 6b Cook County Real Property Assessment Classification as being necessary for the occupancy and improvement of the Property and that without such incentive, the Property is unlikely to be occupied and improved. BE IT FURTHER RESOLVED, that the City supports and consents to the filing of an application by the owner of the Property as provided by the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby authorized and directed to furnish the Office of the Cook County Assessor with two certified copies of this resolution. David J. Kaptain, Mayor Presented: Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk 2  EXHIBIT A LEGAL DESCRIPTION PARCEL 1: LOT 3 AND THE WEST 40 FEET OF LOT 4 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NUMBER 1, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE WESTERLY 90 FEET OF THE SOUTH 65 FEET OF LOT 4 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF REC- ORDED IN RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS ON DECEMBER 9, 1966 AS DOCUMENT NO. 20019150, EXCEPTING THEREFROM THE WEST 40 FEET, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF LOT 4 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NUMBER 1, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31, AND PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 9, 1966 AS DOCUMENT 20019150, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 88 DEGREES 36 MINUTES 01 SECOND EAST ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 40.01 FEET TO THE EAST LINE OF THE WEST 40 FEET OF SAID LOT 4 AS MONUMENTED FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 02 SECONDS WEST ALONG SAID EAST LINE, 531.12 FEET TO THE NORTH LINE OF THE SOUTH 65 FEET OF SAID LOT 4 AS MONUMENTED; THENCE NORTH 88 DEGREES 43 MINUTES 05 SEC- ONDS EAST ALONG SAID NORTH LINE, 49.75 FEET TO THE EAST LINE OF THE WEST 90 FEET OF SAID LOT 4 AS MONUMENTED; THENCE NORTH 00 DE- GREES 07 MINUTES 02 SECONDS EAST ALONG SAID EAST LINE, 531.22 FEET TO THE NORTH LINE OF SAID LOT 4; THENCE SOUTH 88 DEGREES 36 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE, 49.75 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBERS: 06-31-202-001, 06-31-202-007, 06-31-202-008, and 06-31-202-011 ADDRESS OF REAL ESTATE: 1717 Gifford Road, Elgin, IL 60120 3 AGENDA ITEM: C MEETING DATE: March 25, 2026 ITEM: Security Services for The Edward Schock Centre of Elgin, Lords Park and Wing Park; RFP 26-001 (Not to Exceed $1,486,718 for Three-Year Term) OBJECTIVE: Approve a new agreement with a professional security firm to provide security services for The Edward Schock Centre of Elgin, Lords Park and Wing Park. RECOMMENDATION: Approve the new three-year agreement with Andy Frain Services, Inc., to provide security ser- vices for the Edward Schock Centre of Elgin, Lords Park, and Wing Park, effective April 21, 2026, through April 20, 2029, in and amount not to exceed $1,486,718 for the three-year term (not to exceed $481,141 for the first year, with annual increases for subsequent years). The parks and recreation department currently utilizes contracted security services to support daily operations at The Edward Schock Centre of Elgin and to provide weekend patrol coverage at Lords Park and Wing Park during peak summer months. Contracted security personnel assist staff with monitoring facilities, supporting enforcement of facility policies and responding to situations that may require additional presence. The city issued a request for proposals (RFP 26-001) to establish a new agreement for these ser- vices. Following review of the submissions, staff recommends entering into a three-year agree- ment with Andy Frain Services, Inc., the firm currently providing security services at these loca- tions. BACKGROUND The Edward Schock Centre of Elgin serves as a major community recreation facility welcoming nearly one million guests each year through recreation, wellness, and community programming. Lords Park is one of the city’s most heavily used parks and includes the Elgin Public Museum, zoo, aquatic center, athletic courts, walking paths, and large open green spaces. Wing Park is another major recreational destination and includes the Wing Park Family Aquatic Center, walking paths, athletic fields and courts, playgrounds, a bandshell, and a historic nine-hole golf course. The parks and recreation department currently uses contracted security services to support op- erations at these high-use facilities. The city entered into an agreement with Andy Frain Services, Inc., in 2024 to provide security services at The Edward Schock Centre of Elgin and weekend pa- trol coverage at Lords Park and Wing Park. The current agreement is set to expire in mid-April. Continuing to partner with a contractual security firm to support The Edward Schock Centre of Elgin, Lords Park and Wing Park, reflects the city’s ongoing commitment to maintaining a safe and welcoming environment at these high-use facilities. OPERATIONAL ANALYSIS Currently, and as outlined in the RFP’s scope of work, three security personnel are scheduled during all normal operating hours at The Edward Schock Centre of Elgin on both weekdays and weekends, with additional coverage provided, as needed, for events and rentals outside of stand- ard hours. Two security personnel are also scheduled at both Lords Park and Wing Park during peak summer weekends from 8:00 a.m. to 6:00 p.m. The use of contractual security personnel allows police resources to remain focused on higher priority calls for service and other public safety responsibilities throughout the community rather than being dedicated to a single facility. Since 2024, the city has contracted with Andy Frain Ser- vices, Inc., to provide security services at The Edward Schock Centre of Elgin, Lords Park and Wing Park, with no increase in pricing, under an agreement set to expire on April 20, 2026. Security personnel are scheduled during operating hours at the Edward Schock Centre and provide week- end patrol coverage at Lords Park and Wing Park during peak summer months. These personnel support facility staff by monitoring activity, assisting with enforcement of facility policies and responding to situations that may require additional presence. Following the release of the RFP, six firms submitted proposals for consideration. After careful review of the submissions, staff recommend Andy Frain Services, Inc., to provide security services for The Edward Schock Centre of Elgin, Lords Park and Wing Park. This recommendation is based on several factors, including the organization’s strong professional record, with no disciplinary actions reported by the Illinois Division of Professional Regulation. Local offices, positive refer- ences from reputable local clients, along with an established working relationship with the city’s police department, further support this recommendation. Key highlights from their proposal are summarized below: • Andy Frain Services is a long-established nationwide security company with a history spanning more than one hundred years. • The company’s corporate office is located in Aurora with a suburban branch office in Hoff- man Estates. • The Chicago suburban branch maintains a diverse portfolio that includes security services in the commercial, education, cargo, and sports and entertainment sectors, providing of- ficers and managers with a broad range of knowledge and training opportunities. • Andy Frain maintains several local references and currently provides security services for the Aurora, Crystal Lake, School District U-46, School District 94 and the NOW Arena. • Andy Frain currently provides security services at The Edward Schock Centre of Elgin, Lords Park and Wing Park under an agreement that extends through April 20, 2026. 2  • Andy Frain also provides security services for the other city events and initiatives. If approved, this agreement shall become effective as of April 21, 2026, and continue through April 20, 2029. The city, at is sole option, may extend the term of this agreement upon the same terms and conditions of the initial term of this Agreement for up to two additional one-year terms by providing Andy Frain with written notice thereof on or prior to the expiration of the then- existing term. Any such extensions would require city council approval. INTERESTED PERSONS CONTACTED The police department was consulted and expressed satisfaction with its current arrangement with Andy Frain Services, Inc. Based on this experience, the department strongly recommends entering into a new agreement for the continued provision of security services at The Edward Schock Centre of Elgin, Lords Park and Wing Park. FINANCIAL ANALYSIS Since 2024, the city has contracted with Andy Frain Services, Inc., to provide security services at The Edward Schock Centre of Elgin, Lords Park and Wing Park, with no increase in pricing during that time. RFP 26-001 proposes a 1.99 percent increase over the 2024/2025 rates for The Edward Schock Centre of Elgin and a 5.74 percent increase over the 2024/2025 rates for Lords Park and Wing Park. • For the first year of this term from April 21, 2026, to April 20, 2027, the total not to exceed amount is $481,140.24; • For the second year of this term from April 21, 2027, to April 20, 2028, the total not to exceed amount is $495,454.56; • For the third year of this term from April 21, 2028, to April 20, 2029, the total not to exceed amount is $510,122.32. The proposal from Andy Frain Services, Inc., also includes à la carte hourly rates for overtime coverage and additional city events, as needed, and are not calculated in the above, not to ex- ceeds amount. These established rates may be utilized by the city for other security needs as they arise, including special events and other city initiatives that require contracted security services. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Recreation 296-5051-762.45-20 N/A $481,140.24 $481,140.24 3 LEGAL IMPACT The request for proposals was advertised on January 26, 2026, in the Daily Herald and on the city’s website. It closed on February 23, 2026, and the city received six proposals. ALTERNATIVES City council may elect not to approve an agreement with Andy Frain Services, Inc., and instead provide staff with direction on next steps. NEXT STEPS Approve the new agreement with Andy Frain Services, Inc., to provide security for The Edward Schock Centre, Lords Park and Wing Park. Originators: Wayne Carlstedt, Jr., Facilities Operations Manager Jen Hermonson, Parks & Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Security Services Agreement 4  AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _________, 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and Andy Frain Services, Inc., an Illinois Corporation (hereinafter referred to as “CONTRACTOR”). WHEREAS, the CITY desires to engage the CONTRACTOR to furnish certain turnkey security services in connection with the Edward Schock Centre of Elgin, Lords Park, and Wing Park, as set forth in City of Elgin Request for Proposals 26-001 (“RFP 26-001”) (hereinafter referred to as the “PROJECT”); and WHEREAS, the CONTRACTOR represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, it is hereby agreed by and between the CITY and the CONTRACTOR that the CITY retains the CONTRACTOR to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Facility Manager of the CITY or the Facility Manager’s designee (herein after referred to as the “DIRECTOR”). B. The CONTRACTOR shall provide the services to the CITY relating to the PROJECT as set forth in or as required by RFP 26-001, which is incorporated herein and made a part hereof by this reference. 2. PROGRESS REPORTS The CONTRACTOR will submit to the DIRECTOR monthly a status report detailing all breaches of security or other matters of concern or interest. 3. WORK PRODUCT All work product prepared by the CONTRACTOR pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the CONTRACTOR may retain copies of such work product for its records. CONTRACTOR’s execution of this Agreement shall constitute CONTRACTOR’s conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the 1  CONTRACTOR to the CITY of all such work product prepared by the CONTRACTOR pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONTRACTOR. 4. PAYMENTS TO THE CONTRACTOR A. For the services provided by the CONTRACTOR, each month CONTRACTOR shall submit an invoice to the CITY for services rendered and the CITY shall pay the lump sum indicated thereon within thirty (30) days of receipt of such invoice. CONTRACTOR’s invoices shall be based on the hourly rates set forth in the Pricing Sheet set forth in Attachment A, attached hereto and incorporated herein by this reference. B. The total payments to the CONTRACTOR for the term of this Agreement, as set forth in Paragraph 7 below, shall not exceed the following amounts regardless of the actual services performed or costs incurred by the CONTRACTOR unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR: i. For the first year of this from April 21, 2026, to April 20, 2027, the total payments to CONTRACTOR shall be in an amount not to exceed $481,140.24; ii. For the second annual term from April 21, 2027, to April 20, 2028, the total payments to CONTRACTOR shall be in an amount not to exceed $495,454.56; iii. For the third annual term from April 21, 2028, to April 20, 2029, the total payments to CONTRACTOR shall be in an amount not to exceed $510,122.32. 5. INVOICES A. No more than once per month, CONTRACTOR shall submit invoices in a format approved by the CITY. Progress reports (Paragraph 2 above) will be included with all payment requests. B. The CONTRACTOR shall maintain records showing actual time devoted and cost incurred. The CONTRACTOR shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONTRACTOR for work done under this Agreement. The CONTRACTOR shall make these records available at reasonable times during the Agreement period and for one (1) year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONTRACTOR. In the event that this Agreement is so terminated, the CONTRACTOR shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of April 21, 2026, and, unless terminated for cause or pursuant to Paragraph 6, shall continue through and including April 20, 2029. The CITY may, at is sole option, extend the term of this Agreement upon the same terms and conditions of the initial term of this Agreement for up to two (2) additional one (1) year terms by providing CONTRACTOR with written notice thereof on or prior to the expiration of the then-existing term. 8. NATURE OF SERVICES It is agreed and understood that the undertakings of the CONTRACTOR on behalf of the CITY pursuant to this Agreement are general services only, and that no special duties or obligations to third parties are intended and shall not be deemed or construed to be created by this Agreement. It is further understood and agreed that this Agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the CITY and/or its officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended; the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended; and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the CITY and/or its respective officials, officers, employees and/or agents as a result of the services to be provided by CONTRACTOR, either under this Agreement or otherwise. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONTRACTOR pursuant to Paragraph 4 hereof, no action shall be commenced by the CONTRACTOR against the CITY for monetary  damages. CONTRACTOR hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONTRACTOR arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including, but not limited to, workers’ compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONTRACTOR in connection herewith, including negligence or omissions of employees or agents of the CONTRACTOR arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY’s choosing. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE CONTRACTOR shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONTRACTOR shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance shall include the contractual obligation assumed by the CONTRACTOR under Paragraph 10 entitled “Indemnification.”  This insurance shall be primary and non-contributory to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The CONTRACTOR shall carry CONTRACTOR’s Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. INTENTIONALLY OMITTED 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. CONTRACTOR shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. CONTRACTOR shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. CONTRACTOR agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, as amended, are hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONTRACTOR shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONTRACTOR would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY’s advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the  enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The CONTRACTOR may not issue any news releases without prior approval from the DIRECTOR, nor will the CONTRACTOR make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONTRACTORS The CONTRACTOR shall cooperate with any other consultants in the CITY’s employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONTRACTOR certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONTRACTOR shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor’s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONTRACTOR to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONTRACTOR shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City’s Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONTRACTOR to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require that other recommendations and communications by the CONTRACTOR be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY: Wayne Carlstedt Recreation Facilities Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONTRACTOR: Andy Frain Services, Inc. 761 Shoreline Drive Aurora, IL 60504 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement that the CONTRACTOR shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR’s employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONTRACTOR shall also at its expense secure all permits and licenses, pay all  charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR’s compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR’s relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CITY OF ELGIN: By: Richard G. Kozal, City Manager Attest: City Clerk CONTRACTOR: Andy Frain Services, Inc. By: Name/Print: Title: Legal Dept\Agreement\Agr-Andy Frain-Security Services-3-20-26.docx  ATTACHMENT A PRICING SHEET Year 1 (2026-2027) Year 2 (2027-2028) Year 3 (2028-2029) Hourly Rate Hourly Rate Hourly Rate Edward Schock Centre $ 27.17 $ 27.98 $ 28.81 On-Call Event Coverage $ 27.17 Licensed Guard $ 27.98 $ 28.81 *29.40 Lie Guard Sup *30.87 Lie Guard Sup *32.34 Lie Guard Sup Wing Park $ 28.17 $ 28.98 $ 29.81 Lords Park $ 28.17 $ 28.98 $ 29.81 NOTE: Pricing is non-negotiable once the contract is in effect. All hourly rates charged to the City of Elgin shall conform to the table above, based on location, scope of work, and contract year. *Added value pricing - with event staffing, it is recommended to provide a Licensed Guard Supervisor per 10 guards assigned to the event. This is a negotiable per event pricing based on client needs. Supervisors are not a mandatory service but price is provided if needed and jointly agreed upon. Andy Frain Services has provided a description of event services experience in the body of the proposal. K9 Pricing available on request as a flat rate fee or hourly rate. All pricing is subject to 1.5% increase for national holidays and any overtime that is requested by the client to be filled by a specific guard providing over 40 hours of service in one pay week. Overtime rates do not apply to Andy Frain Services staffing shortages, sick time or vacation coverage and is limited to client request only. AGENDA ITEM: D MEETING DATE: March 25, 2026 ITEM: Athletic Facility Improvement Grant Funding ($150,000) OBJECTIVE: Provide financial assistance to Elgin-based sports organizations making capital improvements to city-owned property. RECOMMENDATION: Approve the 2026 Athletic Facility Improvement Grant Funding as recommended by the Parks and Recreation Advisory Board in the amount of $150,000. The Athletic Facility Improvement Grant Program represents a strong and strategic partnership between the city and the volunteer-driven athletic organizations that serve thousands of residents each year. These organizations operate on city-owned property, provide structured recreational opportunities for youth and adults, and invest significant fundraising dollars, volunteer labor and operational resources back into facilities that ultimately remain public assets. This grant program helps ensure that important improvements to these city-owned facilities, particularly those re- lated to safety, accessibility, and long-term functionality, can move forward without placing the full financial burden on either the organizations or the city. The result is a shared investment model that maximizes community benefit while responsibly stewarding public resources. These grants are especially valuable because many of these organizations prioritize scholarships and affordable participation, which can limit their ability to independently fund large capital im- provements. By providing targeted financial assistance, the city enables these groups to continue offering inclusive programming while addressing critical infrastructure needs such as ADA com- pliance, field and facility safety upgrades and long-term maintenance improvements and en- hancements. In return, the city benefits from well-maintained athletic facilities, reduced operational demands on staff, and strong community engagement driven by organizations with deep roots in Elgin. Ultimately, the program represents more than financial support, it is a collaborative approach that strengthens public assets, supports volunteerism, and expands recreational opportunities for residents of all ages. BACKGROUND The Athletic Facility Improvement Grant Program represents a strong and strategic partnership between the city and volunteer-driven athletic organizations that serve thousands of residents each year. These organizations operate on city-owned property, provide structured recreational opportunities for youth and adults, and invest significant fundraising dollars, volunteer labor, and operational resources back into facilities that ultimately remain public assets. This grant program helps ensure that important improvements to these city-owned facilities, particularly those re- lated to safety, accessibility, and long-term functionality, can move forward without placing the full financial burden on either the organizations or the city. The result is a shared investment model that maximizes community benefit while responsibly stewarding public resources. These grants are especially valuable because many of these organizations prioritize scholarships and affordable participation, which can limit their ability to independently fund large capital im- provements. By providing targeted financial assistance, the city enables these groups to continue offering inclusive programming while addressing critical infrastructure needs such as ADA com- pliance, field and facility safety upgrades, and long-term maintenance improvements and en- hancements. In return, the city benefits from well-maintained athletic facilities, reduced opera- tional demands on staff, and strong community engagement driven by organizations with deep roots in Elgin. Ultimately, the program represents more than financial support, it is a collabora- tive approach that strengthens public assets, supports volunteerism, and expands recreational opportunities for residents of all ages. To qualify for funding, organizations must meet criteria established by the city and the Parks and Recreation Advisory Board, including: • A signed land-use lease agreement on file with the city. • Submission of an annual budget, participant numbers, and a two-year capital improve- ment plan. • Proof of current not-for-profit status and appropriate insurance coverage. • Completion of all previously funded projects before receiving additional funding. • All participating organizations currently meet these requirements. At the November 2025 Parks and Recreation Advisory Board meeting, each organization presented its 2025 an- nual wrap-up report, submitted its 2026 capital funding requests, and provided a brief overview of the proposed projects. OPERATIONAL ANALYSIS The Athletic Facility Improvement Grant Program represents a strategic partnership between the city and volunteer-driven athletic organizations that serve thousands of residents annually on city-owned property. These organizations provide structured recreational opportunities for youth and adults while investing significant fundraising dollars and volunteer labor into facilities that remain public assets. Through this shared investment model, the city provides targeted fi- nancial support for improvements related to safety, accessibility, and long-term functionality, 2 allowing affiliates to maintain affordable and inclusive programming while ensuring these public athletic facilities remain safe, functional, and well maintained. Absent these partnerships, the city would incur significantly higher costs to operate and maintain these facilities, including, but not limited to, expenses associated with full-time, part-time, and seasonal programming and maintenance personnel, as well as related benefits, tools, equipment, and ongoing facility upkeep. Six athletic organizations submitted funding requests with supporting quotes totaling $150,000. Requests without quotes were not considered for grant funding. This is the first-year total re- quests align with the program’s budgeted amount. Staff conducted additional outreach with the organizations and, in collaboration with the Parks and Recreation Advisory Board, reviewed each request and confirmed that all submissions met program requirements. The 2026 Athletic Facility Improvement Grant funding requests are summarized below: • Elgin National Little League $ 20,172 • Elgin Classic Little League $ 6,600 • Elgin Babe Ruth, Inc. $ 54,448 • Elgin Youth Football and Cheer $ 11,495 • Elgin BMX Riders Association $ 44,659 • Elgin Men’s Baseball $ 12,626 $150,000 The requested funding aligns with the 2026 Athletic Facility Improvement Grant budget. Follow- ing staff review, the proposals were presented to the Parks and Recreation Advisory Board at its January 27, 2026, meeting for final consideration. The Board recommends approval of all pro- jects, as detailed in Attachment G. All funded organizations must follow the city’s procurement requirements when obtaining bids and estimates. Grant funds are reimbursed only after project completion and submission of re- quired documentation. Barring any unforeseen issues, funds may not be carried over between years, and projects must be completed within the award year unless otherwise approved. INTERESTED PERSONS CONTACTED Representatives of Elgin National Little League, Elgin Classic Little League, Elgin Babe Ruth, Inc., Elgin Youth Football and Cheer, Elgin Men’s Baseball, Elgin BMX Riders Association, and the Parks and Recreation Advisory Board. 3 FINANCIAL ANALYSIS Elgin sports groups provide quality programs for the individuals they serve. The city’s contribution of $150,000 will assist these groups in improving the city-owned facilities and amenities at their locations. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.80-44 N/A $150,000 $150,000 LEGAL IMPACT The organizations will be required to enter into grant agreements with the city for the projects prior to commencing work. ALTERNATIVES The city council may choose not to approve the 2026 Athletic Facility Improvement Grant Funding Requests, as recommended, and direct staff on the next steps. NEXT STEPS 1. Notify the sports organizations of their approved grant amount. 2. Work with the organizations to oversee the completion of their projects by year’s end. ______________________________________________________________________________ Originators: Jen Hermonson, Parks and Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Elgin National Little League Grant Agreement B. Elgin Classic Little League Grant Agreement C. Elgin Babe Ruth Inc. Grant Agreement D. Elgin Youth Football and Cheer Grant Agreement E. Elgin BMX Riders Association Grant Agreement F. Elgin Men’s Baseball Grant Agreement G. 2026 Athletic Groups Detailed Grant Funding Requests & Charts 4  GRANT AGREEMENT THIS AGREEMENT is made and entered into this____ day of______________, 2026, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and the Elgin National Little League, an Illinois not-for-profit corporation (hereinafter referred to as the “League”). WHEREAS, the City and the League have previously entered into an agreement dated April 9, 2026 authorizing the League to use the City’s athletic facilities at Elgin National Little League (such agreement dated April 9, 2026 is hereinafter referred to as the “Subject Agreement” and the athletic facilities at Elgin National Little League referred to therein is hereinafter referred to as the “Facility”); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Purchase new skid steer; purchase and install a new batting tunnel; purchase and replace fence toppers on fields 5 and 6; purchase new toro mower and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $20,172 to be utilized by the League for the costs of capital improvements at the Facility of: Purchase new skid steer; purchase and install a new batting tunnel; purchase and replace fence toppers on fields 5 and 6; purchase new toro mower (such new Purchase new skid steer; purchase and install a new batting tunnel; purchase and replace fence toppers on fields 5 and 6; purchase new toro mower are hereinafter collectively referred to as the “Subject Improvements”). 2. The League shall complete the construction of the Subject Improvements on or before December 1, 2026. The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner.  3. Following the completion of the Subject Improvements all right, title and interest in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement. 4. The budget for the Subject Improvements consists of Purchase new skid steer, $6,029; purchase and install a new batting tunnel, $7,139; purchase and replace fence toppers on fields 5 and 6, $2,600; purchase new toro mower, $4,404. In no event shall the youth sports grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of $20,172. 5. The League agrees to and shall follow the procedures typically utilized by the City in processing youth sports grants including procedures relating to the obtaining of proposals to ensure the League is obtaining competitive pricing and the submission of proper documentation and invoices relating to the costs of the work of the Subject Improvements. 6. The City shall pay the grant funds not to exceed $20,172 to the League provided for in this Agreement to reimburse the League for the costs to complete the construction of the Subject Improvements following the completion of the construction of the Subject Improvements at the Field. The League shall submit documentation to the City substantiating the completion of the work and proper documentation and invoices relating to the costs of work of the Subject Improvements. The League shall also complete, maintain, and submit to the City any and all records, reports, and forms relating to this Agreement and the Subject Improvements as requested by the City. 7. League understands, acknowledges, and agrees that this Agreement does not create an interest or estate in League’s favor in the Facility or in any property owned by the City. The City retains legal possession of the full boundaries of its property, any other provision of this Agreement notwithstanding. Notwithstanding any expenditure of money, time, and/or labor by League on or within the Facility, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of League. 8. League agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of this Agreement and/or providing of the Subject Improvements that the League shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, League hereby certifies, represents, and warrants to the City that all of the League’s employees and/or agents who will be performing work and/or providing the Subject Improvements with respect to this Agreement shall be legal residents of the United States. League shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of the work to provide for the Subject Improvements to be provided for in this Agreement. The City shall have the right to audit any records in the possession of control of the League to determine the League’s compliance with the provisions of this section. In the event the City proceeds with such an audit, the League shall make available to the City the League’s relevant records at no cost to the City. -2-  9. This agreement shall not be construed so as to create a partnership, joint venture, employment, or other agency relationship between the parties hereto. League understands and agrees that the relationship of the League to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the League and the League’s officers, employees, and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 10. Except as provided in Section 19 hereof, if either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics, materialmen, laborers, and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, boards, and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. League further agrees to indemnify, defend, and hold harmless the City from and against any loss, liability, claim, or suit arising from the foreclosure, or attempted foreclosure, of a mechanic’s or materialmen’s lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee’s Premises. Such indemnification shall include the City’s reasonable attorney’s fees incurred in connection with any such loss, claim or suit. The provisions of this section shall survive any expiration, completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval, or attempted execution of this Agreement. -3-  14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 15. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 16. The parties intend and agree that, if any section, subsection, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 17. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 18. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 19. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be commenced by the League, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion, and/or termination of this agreement. 20. All notices, reports, and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to League: City of Elgin Elgin National Little League 150 Dexter Court Ronald Meyers Elgin, IL 60120-5555 929 Waverly Drive Attention: Richard G. Kozal Elgin, Il 60120 City Manager -4-  With a copy to: Christopher Beck, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 21. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the League and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 22. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party, any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. ELGIN NATIONAL LITTLE LEAGUE CITY OF ELGIN, a municipal corporation By: By: ___________________________________ ___________________________________ City Manager Its:_________________________________ Attest: ______________________________________ City Clerk -5-  GRANT AGREEMENT THIS AGREEMENT is made and entered into this______ day of_________, 2026, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and the Elgin Classic Little League, an Illinois not-for-profit corporation (hereinafter referred to as the “League”). WHEREAS, the City and the League have previously entered into an agreement dated April 9, 2026 authorizing the League to use the City’s athletic facilities at Wing Park (such agreement dated April 9, 2026 is hereinafter referred to as the “Subject Agreement” and the athletic facilities at Wing Park referred to therein is hereinafter referred to as the “Facility”); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Purchase solar lights; purchase concession stand refrigerators and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $6,600 to be utilized by the League for the costs of capital improvements at the Facility of: Purchase solar lights; purchase concession stand refrigerators (such new Purchase solar lights; purchase concession stand refrigerators are hereinafter collectively referred to as the “Subject Improvements”). 2. The League shall complete the construction of the Subject Improvements on or before December 1, 2026. The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner. 3. Following the completion of the Subject Improvements all rights, title, and interests in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement.  4. The budget for the Subject Improvements consists of Purchase solar lights, $600; purchase concession stand refrigerators, $6,000. In no event shall the youth sports grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of $6,600. 5. The League agrees to and shall follow the procedures typically utilized by the City in processing youth sports grants including procedures relating to the obtaining of proposals to ensure the League is obtaining competitive pricing and the submission of proper documentation and invoices relating to the costs of the work of the Subject Improvements. 6. The City shall pay the grant funds not to exceed $6,600 to the League provided for in this Agreement to reimburse the League for the costs to complete the construction of the Subject Improvements following the completion of the construction of the Subject Improvements at the Field. The League shall submit documentation to the City substantiating the completion of the work and proper documentation and invoices relating to the costs of work of the Subject Improvements. The League shall also complete, maintain, and submit to the City any and all records, reports, and forms relating to this Agreement and the Subject Improvements as requested by the City. 7. League understands, acknowledges, and agrees that this Agreement does not create an interest or estate in League’s favor in the Facility or in any property owned by the City. The City retains legal possession of the full boundaries of its property, any other provision of this Agreement notwithstanding. Notwithstanding any expenditure of money, time, and/or labor by League on or within the Facility, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of League. 8. League agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of this Agreement and/or providing of the Subject Improvements that the League shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, League hereby certifies, represents, and warrants to the City that all of the League’s employees and/or agents who will be performing work and/or providing the Subject Improvements with respect to this Agreement shall be legal residents of the United States. League shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of the work to provide for the Subject Improvements to be provided for in this Agreement. The City shall have the right to audit any records in the possession of control of the League to determine the League’s compliance with the provisions of this section. In the event the City proceeds with such an audit, the League shall make available to the City the League’s relevant records at no cost to the City. 9. This agreement shall not be construed so as to create a partnership, joint venture, employment, or other agency relationship between the parties hereto. League understands and agrees that the relationship of the League to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the League and the League’s officers, employees, and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. -2-  10. Except as provided in Section 19 hereof, if either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics, materialmen, laborers, and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, boards, and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. League further agrees to indemnify, defend, and hold harmless the City from and against any loss, liability, claim, or suit arising from the foreclosure, or attempted foreclosure, of a mechanic’s or materialmen’s lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee’s Premises. Such indemnification shall include the City’s reasonable attorney’s fees incurred in connection with any such loss, claim, or suit. The provisions of this section shall survive any expiration, completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval, or attempted execution of this Agreement. 14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. -3-  15. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 16. The parties intend and agree that, if any section, subsection, phrase, clause, or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 17. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 18. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 19. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be commenced by the League, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion, and/or termination of this agreement. 20. All notices, reports, and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to League: City of Elgin Elgin Classic Little League 150 Dexter Court Julie Miller Elgin, IL 60120-5555 251 Brookside Dr. Attention: Richard G. Kozal Elgin, IL 60123 City Manager With a copy to: Christopher Beck, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 21. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the League and, as such, this agreement shall not be construed against -4- the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 22. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. ELGIN CLASSIC LITTLE LEAGUE CITY OF ELGIN, a municipal corporation By: By: ___________________________________ ___________________________________ City Manager Its:_________________________________ Attest: ______________________________________ City Clerk -5-  GRANT AGREEMENT THIS AGREEMENT is made and entered into this______ day of___________, 2026, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and the Elgin Babe Ruth, Inc. an Illinois not-for-profit corporation (hereinafter referred to as the “League”). WHEREAS, the City and the League have previously entered into an agreement dated April 9, 2026, authorizing the League to use the City’s athletic facilities at Trout Park (such agreement dated April 9, 2026, is hereinafter referred to as the “Subject Agreement” and the athletic facilities at Trout Park referred to therein is hereinafter referred to as the “Facility”); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Infield renovation and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $54,448 to be utilized by the League for the costs of capital improvements at the Facility of: Infield renovation (such new Infield renovation are hereinafter collectively referred to as the “Subject Improvements”). 2. The League shall complete the construction of the Subject Improvements on or before December 1, 2026. The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner. 3. Following the completion of the Subject Improvements all rights, title and interests in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement.  4. The budget for the Subject Improvements consists of an infield renovation, $54,448. In no event shall the youth sports grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of $54,448. 5. The League agrees to and shall follow the procedures typically utilized by the City in processing youth sports grants including procedures relating to the obtaining of proposals to ensure the League is obtaining competitive pricing and the submission of proper documentation and invoices relating to the costs of the work of the Subject Improvements. 6. The City shall pay the grant funds not to exceed $54,448 to the League provided for in this Agreement to reimburse the League for the costs to complete the construction of the Subject Improvements following the completion of the construction of the Subject Improvements at the Field. The League shall submit documentation to the City substantiating the completion of the work and proper documentation and invoices relating to the costs of work of the Subject Improvements. The League shall also complete, maintain, and submit to the City any and all records, reports, and forms relating to this Agreement and the Subject Improvements as requested by the City. 7. League understands, acknowledges, and agrees that this Agreement does not create an interest or estate in League’s favor in the Facility or in any property owned by the City. The City retains legal possession of the full boundaries of its property, any other provision of this Agreement notwithstanding. Notwithstanding any expenditure of money, time, and/or labor by League on or within the Facility, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of League. 8. League agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of this Agreement and/or providing of the Subject Improvements that the League shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, League hereby certifies, represents, and warrants to the City that all of the League’s employees and/or agents who will be performing work and/or providing the Subject Improvements with respect to this Agreement shall be legal residents of the United States. League shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of the work to provide for the Subject Improvements to be provided for in this Agreement. The City shall have the right to audit any records in the possession of control of the League to determine the League’s compliance with the provisions of this section. In the event the City proceeds with such an audit, the League shall make available to the City the League’s relevant records at no cost to the City. 9. This agreement shall not be construed so as to create a partnership, joint venture, employment, or other agency relationship between the parties hereto. League understands and agrees that the relationship of the League to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the League and the League’s officers, employees, and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. -2-  10. Except as provided in Section 19 hereof, if either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics, materialmen, laborers, and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, boards, and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. League further agrees to indemnify, defend, and hold harmless the City from and against any loss, liability, claim, or suit arising from the foreclosure, or attempted foreclosure, of a mechanic’s, or materialmen’s lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee’s Premises. Such indemnification shall include the City’s reasonable attorney’s fees incurred in connection with any such loss, claim, or suit. The provisions of this section shall survive any expiration, completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval, or attempted execution of this Agreement. 14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. -3-  15. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 16. The parties intend and agree that, if any section, subsection, phrase, clause, or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 17. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 18. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 19. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be commenced by the League, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion, and/or termination of this agreement. 20. All notices, reports, and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to League: City of Elgin Elgin Babe Ruth 150 Dexter Court Bill Vincent Elgin, IL 60120-5555 PO Box 971 Attention: Richard G. Kozal Elgin, IL 60121 City Manager With a copy to: Christopher Beck, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 21. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the League and, as such, this agreement shall not be construed against the -4- other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 22. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party, any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. Elgin Babe Ruth, Inc. CITY OF ELGIN, a municipal corporation By: By: ___________________________________ ___________________________________ City Manager Its:_________________________________ Attest: ______________________________________ City Clerk -5-  GRANT AGREEMENT THIS AGREEMENT is made and entered into this____ day of______________, 2026, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and the Elgin Youth Football & Cheer, an Illinois not-for-profit corporation (hereinafter referred to as the “League”). WHEREAS, the City and the League have previously entered into an agreement dated April 9, 2026, authorizing the League to use the City’s athletic facilities at Drake Field (such agreement dated April 9, 2026, is hereinafter referred to as the “Subject Agreement” and the athletic facilities at Elgin Youth Football & Cheer referred to therein is hereinafter referred to as the “Facility”); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Concession stand gate and wall installation; steel gate replacement and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $11,495 to be utilized by the League for the costs of capital improvements at the Facility of: Concession stand gate and wall installation; steel gate replacement (such new concession stand gate and wall installation; steel gate replacement are hereinafter collectively referred to as the “Subject Improvements”). 2. The League shall complete the construction of the Subject Improvements on or before December 1, 2026. The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner. 3. Following the completion of the Subject Improvements all rights, title and interests in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement. 4. The budget for the Subject Improvements consists of concession stand gate and wall installation, $6,995; steel gate replacement, $4,500. In no event shall the youth sports grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of $11,495. 5. The League agrees to and shall follow the procedures typically utilized by the City in processing youth sports grants including procedures relating to the obtaining of proposals to ensure the League is obtaining competitive pricing and the submission of proper documentation and invoices relating to the costs of the work of the Subject Improvements. 6. The City shall pay the grant funds not to exceed $11,495 to the League provided for in this Agreement to reimburse the League for the costs to complete the construction of the Subject Improvements following the completion of the construction of the Subject Improvements at the Field. The League shall submit documentation to the City substantiating the completion of the work and proper documentation and invoices relating to the costs of work of the Subject Improvements. The League shall also complete, maintain, and submit to the City any and all records, reports, and forms relating to this Agreement and the Subject Improvements as requested by the City. 7. League understands, acknowledges, and agrees that this Agreement does not create an interest or estate in League’s favor in the Facility or in any property owned by the City. The City retains legal possession of the full boundaries of its property, any other provision of this Agreement notwithstanding. Notwithstanding any expenditure of money, time, and/or labor by League on or within the Facility, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of League. 8. League agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of this Agreement and/or providing of the Subject Improvements that the League shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, League hereby certifies, represents, and warrants to the City that all of the League’s employees and/or agents who will be performing work and/or providing the Subject Improvements with respect to this Agreement shall be legal residents of the United States. League shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of the work to provide for the Subject Improvements to be provided for in this Agreement. The City shall have the right to audit any records in the possession of control of the League to determine the League’s compliance with the provisions of this section. In the event the City proceeds with such an audit, the League shall make available to the City the League’s relevant records at no cost to the City. 9. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. League understands and agrees that the relationship of the League to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the League and the League’s officers, employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 10. Except as provided in Section 19 hereof, if either party violates or breaches any -2- term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics, materialmen, laborers, and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, boards, and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. League further agrees to indemnify, defend, and hold harmless the City from and against any loss, liability, claim, or suit arising from the foreclosure, or attempted foreclosure, of a mechanic’s or materialmen’s lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee’s Premises. Such indemnification shall include the City’s reasonable attorney’s fees incurred in connection with any such loss, claim, or suit. The provisions of this section shall survive any expiration, completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval, or attempted execution of this Agreement. 14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 15. No person shall be denied or subjected to discrimination in receipt of the benefit of -3- any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 16. The parties intend and agree that, if any section, subsection, phrase, clause, or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 17. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 18. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 19. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be commenced by the League, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion, and/or termination of this agreement. 20. All notices, reports, and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to League: City of Elgin Elgin Youth Football 150 Dexter Court Charlotte Dunn Elgin, IL 60120-5555 83 Joselyn Dr Attention: Richard G. Kozal Elgin, IL 60120 City Manager With a copy to: Christopher Beck, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 21. This agreement is and shall be deemed to construe to be a joint and collective -4- work product of the City and the League and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 22. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party, any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. ELGIN YOUTH FOOTBALL & CHEER CITY OF ELGIN, a municipal corporation By: By: ___________________________________ ___________________________________ City Manager Its:_________________________________ Attest: ______________________________________ City Clerk -5-  GRANT AGREEMENT THIS AGREEMENT is made and entered into this____ day of______________, 2026, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and the Elgin BMX Riders Association, an Illinois not-for-profit corporation (hereinafter referred to as the “League”). WHEREAS, the City and the League have previously entered into an agreement dated April 9, 2026, authorizing the League to use the City’s athletic facilities at The Hill BMX (such agreement dated April 9, 2026 is hereinafter referred to as the “Subject Agreement” and the athletic facilities at The Hill BMX referred to therein is hereinafter referred to as the “Facility”); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Installation of spectator viewing deck; purchase outdoor weatherproof audio system; installation of pre-staging area gate; extend asphalt patio and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $44,659 to be utilized by the League for the costs of capital improvements at the Facility of: Installation of spectator viewing deck; purchase outdoor weatherproof audio system; installation of pre-staging area gate; extend asphalt patio (such new installation of spectator viewing deck; purchase outdoor weatherproof audio system; installation of pre-staging area gate; extend asphalt patio is hereinafter collectively referred to as the “Subject Improvements”). 2. The League shall complete the construction of the Subject Improvements on or before December 1, 2026. The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner.  3. Following the completion of the Subject Improvements all rights, title, and interests in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement. 4. The budget for the Subject Improvements consists of installation of spectator viewing deck, $29,000; purchase outdoor weatherproof audio system, $5,924; installation of pre-staging area gate, $2,895; extend asphalt patio $6,840. In no event shall the youth sports grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of $44,659. 5. The League agrees to and shall follow the procedures typically utilized by the City in processing youth sports grants including procedures relating to the obtaining of proposals to ensure the League is obtaining competitive pricing and the submission of proper documentation and invoices relating to the costs of the work of the Subject Improvements. 6. The City shall pay the grant funds not to exceed $44,659 to the League provided for in this Agreement to reimburse the League for the costs to complete the construction of the Subject Improvements following the completion of the construction of the Subject Improvements at the Field. The League shall submit documentation to the City substantiating the completion of the work and proper documentation and invoices relating to the costs of work of the Subject Improvements. The League shall also complete, maintain, and submit to the City any and all records, reports, and forms relating to this Agreement and the Subject Improvements as requested by the City. 7. League understands, acknowledges, and agrees that this Agreement does not create an interest or estate in League’s favor in the Facility or in any property owned by the City. The City retains legal possession of the full boundaries of its property, any other provision of this Agreement notwithstanding. Notwithstanding any expenditure of money, time, and/or labor by League on or within the Facility, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of League. 8. League agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of this Agreement and/or providing of the Subject Improvements that the League shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, League hereby certifies, represents, and warrants to the City that all of the League’s employees and/or agents who will be performing work and/or providing the Subject Improvements with respect to this Agreement shall be legal residents of the United States. League shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of the work to provide for the Subject Improvements to be provided for in this Agreement. The City shall have the right to audit any records in the possession of control of the League to determine the League’s compliance with the provisions of this section. In the event the City proceeds with such an audit, the League shall make available to the City the League’s relevant records at no cost to the City. -2-  9. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. League understands and agrees that the relationship of the League to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the League and the League’s officers, employees, and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 10. Except as provided in Section 19 hereof, if either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics, materialmen, laborers, and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, boards, and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. League further agrees to indemnify, defend, and hold harmless the City from and against any loss, liability, claim or suit arising from the foreclosure, or attempted foreclosure, of a mechanic’s or materialmen’s lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee’s Premises. Such indemnification shall include the City’s reasonable attorney’s fees incurred in connection with any such loss, claim or suit. The provisions of this section shall survive any expiration, completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval, or attempted execution of this Agreement. 14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, -3- race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 15. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 16. The parties intend and agree that, if any section, subsection, phrase, clause, or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 17. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 18. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 19. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be commenced by the League, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion, and/or termination of this agreement. 20. All notices, reports, and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to League: City of Elgin Elgin BMX Riders Association 150 Dexter Court 1151 Stonegate Rd Elgin, IL 60120-5555 Algonquin, IL 60102 Attention: Richard G. Kozal ATTN: JoAnne Mulvihill City Manager With a copy to: Christopher Beck, Corporation Counsel -4-  City of Elgin 150 Dexter Court Elgin, IL 60120-5555 21. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the League and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 22. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. Elgin BMX Riders Association CITY OF ELGIN, a municipal corporation By: By: ___________________________________ ___________________________________ City Manager Its:_________________________________ Attest: ______________________________________ City Clerk -5-  GRANT AGREEMENT THIS AGREEMENT is made and entered into this____ day of______________, 2024, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and the Elgin Men’s Baseball League, an Illinois not-for-profit corporation (hereinafter referred to as the “League”). WHEREAS, the City and the League have previously entered into an agreement dated April 9, 2026, authorizing the League to use the City’s athletic facilities at Elgin Shores Park (such agreement dated April 9, 2026, is hereinafter referred to as the “Subject Agreement” and the athletic facilities at Elgin Shores Park referred to therein is hereinafter referred to as the “Facility”); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Purchase ballfield mix for fields 1, 2, 3, 4; install new ballfield mix and regrade fields 1, 2, 3, 4; purchase new well tank; installation of concession stand heating and cooling and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $12,626 to be utilized by the League for the costs of capital improvements at the Facility of: Purchase ballfield mix for fields 1, 2, 3, 4; install new ballfield mix and regrade fields 1, 2, 3, 4; purchase new well tank; installation of concession stand heating and cooling (such new purchase ballfield mix for fields 1, 2, 3, 4; install new ballfield mix and regrade fields 1, 2, 3, 4; purchase new well tank; installation of concession stand heating and cooling are hereinafter collectively referred to as the “Subject Improvements”). 2. The League shall complete the construction of the Subject Improvements on or before December 1, 2026. The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner.  3. Following the completion of the Subject Improvements all rights, title, and interest in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement. 4. The budget for the Subject Improvements consists of purchase ballfield mix for fields 1, 2, 3, 4, $3,600; install new ballfield mix and regrade fields 1, 2, 3, 4, $2,586; purchase new well tank, $2,550; installation of concession stand heating and cooling, $3,890. In no event shall the youth sports grant to be provided by the City to the League pursuant to this Agreement exceed the total amount of $12,626. 5. The League agrees to and shall follow the procedures typically utilized by the City in processing youth sports grants including procedures relating to the obtaining of proposals to ensure the League is obtaining competitive pricing and the submission of proper documentation and invoices relating to the costs of the work of the Subject Improvements. 6. The City shall pay the grant funds not to exceed $12,626 to the League provided for in this Agreement to reimburse the League for the costs to complete the construction of the Subject Improvements following the completion of the construction of the Subject Improvements at the Field. The League shall submit documentation to the City substantiating the completion of the work and proper documentation and invoices relating to the costs of work of the Subject Improvements. The League shall also complete, maintain, and submit to the City any and all records, reports, and forms relating to this Agreement and the Subject Improvements as requested by the City. 7. League understands, acknowledges, and agrees that this Agreement does not create an interest or estate in League’s favor in the Facility or in any property owned by the City. The City retains legal possession of the full boundaries of its property, any other provision of this Agreement notwithstanding. Notwithstanding any expenditure of money, time, and/or labor by League on or within the Facility, this Agreement shall in no event be construed to create an assignment coupled with an interest or any vested rights in favor of League. 8. League agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of this Agreement and/or providing of the Subject Improvements that the League shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, League hereby certifies, represents, and warrants to the City that all of the League’s employees and/or agents who will be performing work and/or providing the Subject Improvements with respect to this Agreement shall be legal residents of the United States. League shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of the work to provide for the Subject Improvements to be provided for in this Agreement. The City shall have the right to audit any records in the possession of control of the League to determine the League’s compliance with the provisions of this section. In the event the City proceeds with such an audit, the League shall make available to the City the League’s relevant records at no cost to the City. -2-  9. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. League understands and agrees that the relationship of the League to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the League and the League’s officers, employees, and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 10. Except as provided in Section 19 hereof, if either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics, materialmen, laborers, and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, boards, and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. League further agrees to indemnify, defend, and hold harmless the City from and against any loss, liability, claim, or suit arising from the foreclosure, or attempted foreclosure, of a mechanic’s or materialmen’s lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee’s Premises. Such indemnification shall include the City’s reasonable attorney’s fees incurred in connection with any such loss, claim, or suit. The provisions of this section shall survive any expiration, completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval, or attempted execution of this Agreement. -3-  14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 15. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 16. The parties intend and agree that, if any section, subsection, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 17. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 18. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 19. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the League pursuant to Section 1 hereof, no action shall be commenced by the League, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion, and/or termination of this agreement. 20. All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to League: City of Elgin Elgin Men’s Baseball 150 Dexter Court Agustin Morado Elgin, IL 60120-5555 1705 Mark Ave Attention: Richard G. Kozal Elgin, IL 60123 City Manager -4-  With a copy to: Christopher Beck, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 21. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the League and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 22. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party, any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. ELGIN MEN’S BASEBALL LEAGUE CITY OF ELGIN, a municipal corporation By: By: ___________________________________ ___________________________________ City Manager Its:_________________________________ Attest: ______________________________________ City Clerk -5-  Athletic Groups Grant Funding Requests Organization Project Type Amount Elgin National Little League Skid Steer - New Equipment $6,029 Batting Tunnel Equipment $7,139 Fence Toppers on F5 & F6 Materials & Supplies $2,600 Toro Mower - Replacement Equipment $4,404 Elgin National Little League Total: $20,172 Elgin Classic Little League Solar Lights Infrastructure $600 Concession Stand Refrigerators Equipment $6,000 Elgin Classic Little League Total: $6,600 Elgin Babe Ruth, Inc. Infield Renovation Infrastructure $54,448 Elgin Babe Ruth, Inc.: $54,448 Elgin Youth Football and Cheer Concession Stand Gate & Wall Installation Infrastructure $6,995 Steel Gate Replacement Infrastructure $4,500 Elgin Youth Football and Cheer Total: $11,495 Elgin BMX Riders Association Spectator Viewing Deck Infrastructure $29,000 Outdoor Weatherproof Audio System Equipment $5,924 Pre-Staging Area Gate Infrastructure $2,895 Asphalt Patio Extension Infrastructure $6,840 Elgin BMX Riders Association Total: $44,659 Elgin Men’s Baseball League Ballfield Mix for All Fields Materials & Supplies $3,600 Install and Regrade Fields Infrastructure $2,586 120G Well Tank - Replacement Infrastructure $2,550 Install Concession Stand Heating and Air Conditioning Infrastructure $3,890 Elgin Men’s Baseball Total: $12,626 Total Athletic Group Funding Requests: $150,000  2026 Grant Funding Requests by Athletic Group $12,626 , 8% $20,172 , 14% $44,659 , 30% $6,600 , 4% $11,495 , 8% $54,448 , 36% Elgin National Little League Elgin Classic Little League Elgin Babe Ruth, Inc. Elgin Youth Football and Cheer Elgin BMX Riders Association Elgin Men’s Baseball  2026 Grant Funding Requests by Request Type $6,800 , 4% $29,496 , 20% $113,704 , 76% Infrastructure Equipment Materials & Supplies AGENDA ITEM: E MEETING DATE: March 25, 2026 ITEM: LIVE911 Software—Renewal Agreement with HigherGround, Inc. ($46,500) OBJECTIVE: Continue using LIVE911 software to provide police officers with real time livestream capabilities and precise caller location data for incoming emergency calls. RECOMMENDATION: Renew the agreement with HigherGround, Inc., to enable the city’s continued use of the LIVE911 software to provide police officers with real time livestream capabilities and precise caller loca- tion data for incoming emergency calls. LIVE911 is a software system from HigherGround, Inc. that is used for mission-critical communi- cations. LIVE 911 enables secure livestreaming of emergency calls directly to police officers in the field and provides a precise GPS map with the location of the caller. The LIVE911 software is web- based is accessible to a police officer through his or her in-vehicle mobile data computer. LIVE911 provides a responding police officer with a better understanding of the call for service. Instead of relying solely on the emergency telecommunicator to provide information, the police officer is able to hear everything that the telecommunicator can hear at the same time. This tech- nology promotes vital time saving practices and enhances police officer safety by considering real time situational updates, location changes and any other pertinent information provided by the caller. The department purchased this software in October of 2024 and signed a one-year agree- ment. The department has had positive results with this technology and is seeking to continue its use. BACKGROUND When an emergency call is received by the city’s emergency communications division, the tele- communicator receiving the call assigns a call type that is determined by the information pro- vided by the caller. The telecommunicator then relays a summary of the information he or she received and conveys it by computer aided dispatch (CAD) to the telecommunicator who then dispatches this information to the responding officers via radio and/or a CAD message which is sent to the officer’s in-vehicle mobile data computer (MDC). This practice is used by all emergency communications centers and is an effective way of provid- ing the necessary information to the responding officers. There is, however, a time delay from when the initial emergency call is received to when the officer is provided with the information. The responding police officer does not have the ability to hear the emergency call, potentially limiting important contextual information. Additionally, the responding police officer does not have the ability to accurately track the location of the caller. The police department in 2024 purchased a license for from HigherGround, Inc. for its LIVE911 software. The LIVE911 software now provides police officers in the field with the capability to hear in real-time incoming emergency calls and provide a precise location of the caller. The High- erGround, Inc. LIVE911 software allows for vital time saving practices and enhanced safety capa- bilities for police officers by providing real time situational updates, location identification and any other pertinent information provided by the caller. OPERATIONAL ANALYSIS The LIVE911 software from HigherGround, Inc. provides police officers with technology that en- ables them to hear the actual emergency call in real-time while simultaneously receiving accurate location information for the caller. The software is web-based and is accessible to an officer through their in-vehicle MDC. LIVE911 allows the responding police officer to have a better understanding of the call’s priority level, providing the police officer with time to formulate the proper level of response needed rather than solely relying on the telecommunicator to provide this information. Providing the information in real-time allows the police officer to change his or her tactics depending on real- time situational updates, location identification and any other pertinent information provided by the caller. The software has provided the police department with a critical layer of information for police officers responding to calls for service, enhancing safety and timeliness. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The HigherGround, Inc. LIVE911 software is $46,500 annually and funding is provided by the Emergency Telephone System Board (ETSB) fund. 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE ETSB 220-0000-791.40-08 N/A $46,500 $46,500 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance, requiring ap- proval by two-thirds of the city council. ALTERNATIVES The city council may elect not to approve the renewal of HigherGround, Inc. LIVE911 software agreement and direct staff to seek alternative solutions. NEXT STEPS Execute the renewal agreement with HigherGround, Inc. for the LIVE911 software. Originators: Chris Jensen, Lieutenant Tom Michael, Deputy Chief Ana Lalley, Police Chief Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. HigherGround, Inc. LIVE911 Renewal Agreement 3  LIVE911 RENEWAL AGREEMENT Date: 03/05/2026 Customer: Elgin Police Department Live911 Solution – 50 Licenses Price Base Software and 5 Concurrent Licenses $6,000 Additional Concurrent Licenses: 45 $40,500 Total Annual Cost $46,500 Service Period: April 1, 2026 – March 31, 2027. The Base License fee and the Additional License fee(s) are annual recurring charges. If the renewal fees are paid, the service will continue. Maintenance and updates are included in the software renewal fees. The Live911 server must be able to communicate with HigherGround's License Management Server (LMS). Alarms are sent from the Live911 server to the LMS. The Live911 server also queries LMS for license changes. Payment Terms: 100% payment is due within 30 days upon invoice. City of Elgin Authorized Signature Print Name Print Title Date 818.456.1600 • www.higherground.com • 275 E. Hillcrest Drive, Ste. 160-108, Thousand Oaks, CA 91360 Page 1 of 1 AGENDA ITEM: F MEETING DATE: March 25, 2026 Micromobility Device (E-Bikes, E-Scooters, E-Motos) Regulations: Update and Discussion on Proposed Statewide Legislation Senior Management Analyst Giovanni Jungo and Police Commander Scott Holmes will be presenting information on proposed state legislation regulating micromo- bility devices, the city’s experience with these devices over the past years, and rec- ommendations for city action in the absence of the state enacting a comprehensive regulatory scheme. AGENDA ITEM: G MEETING DATE: March 25, 2026 Discussion on Adopting an Ordinance to Support and Foster Inclusivity and Diversity in the City of Elgin (Councilmembers Dixon and Alfaro) Councilmember Dixon (with Councilmember Alfaro as his second) is requesting an agenda item to discuss the adoption of an ordinance that codifies existing policies on local cooperation with federal civil immigration enforcement, creates a munici- pal ID program, addresses language access, provides for the development of an in- clusive procurement plan, and establishes an immigrant legal defense fund.  Ordinance No. GXX-26 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING NEW CHAPTERS TO SUPPORT AND FOSTER INCLUSIVITY AND DIVERSITY IN THE CITY OF ELGIN WHEREAS, the City of Elgin welcomes diversity and believes that all individuals living in or visiting the City of Elgin should be treated fairly and with respect and dignity; and WHEREAS, the City of Elgin wishes to further enhance its relationship with immigrant communities and make the City of Elgin an immigrant friendly community; and WHEREAS, the City of Elgin discourages unlawful discrimination and strongly supports the equal treatment of all individuals regardless of national origin, sexual orientation, immigration status, or citizenship status; and WHEREAS, the City of Elgin finds that achieving and maintaining a community that treats documented and undocumented immigrants with respect and dignity serves the public policy of the City and the principles upon which the United States was founded, and promotes the general welfare of City of Elgin residents and visitors alike; and WHEREAS, the vitality of the City of Elgin has been built on the strength of its diversity and its immigrant communities; and WHEREAS, the City finds that the cooperation of all persons, both documented and those without documentation status, is essential to achieve the City’s goals of protecting life and property, preventing crime, and resolving problems; and WHEREAS, the City further finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting safety and security and preventing and solving crimes; and WHEREAS, due to the City's limited resources; the complexity of immigration laws; the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities; and to effectuate the City's goals, the City finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government; and WHEREAS, the City wishes to establish clear procedures concerning immigration status and local enforcement of federal civil immigration laws, and WHEREAS, the Elgin City Council finds that it is in the best interest of the City of Elgin residents to amend the City Code to reflect these changes; and 1  WHEREAS, the City of Elgin is a home rule unit of government, and pursuant to Article VII, Section 6(a) of the Illinois Constitution, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulations set forth herein pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That foregoing recitals are hereby incorporated into this ordinance as though fully set forth herein. Section 2. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.88 thereto entitled “Inclusivity,” to read as follows: “CHAPTER 2.88 – INCLUSIVITY 2.88.010. – Title. This chapter shall be known and may be cited as the Elgin Inclusivity Ordinance. 2.88.020 – Purpose. The vitality of the City of Elgin (the “City”), as an ethnically, racially and religiously diverse city in the State of Illinois, is built, in part, on the strength of its immigrant communities in the City. The City Council finds that the cooperation of all persons, both documented citizens and those without documentation status, is essential to achieve the City’s goals of protecting life and property, preventing crime and resolving problems. The City Council further finds that assistance from any person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all Elgin residents. The cooperation of the City’s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the City. Furthermore, immigrant community members, whether documented citizens or not, should be treated with respect and dignity by all City employees and should not be subjected to physical abuse, threats, or intimidation. One of the City’s most important goals is to enhance the City’s relationship with its immigrant communities. Due to the City's limited resources; the complexity of immigration laws; the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities; and to effectuate the City's goals, the City Council finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government and to clarify what specific conduct by City employees is prohibited because such conduct significantly harms the City's relationship with immigrant communities. The purpose of this Chapter is to establish the City's procedures concerning immigration status and enforcement of federal civil 2 immigration laws and to identify the conduct that City employees may not engage in when interacting with community members. 2.88.030 – Construction. This chapter shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in this section and the special purpose of the particular provision involved. 2.88.040. – Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. 2.88.050. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrative warrant means any immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose, non-limiting examples of which include Form I-200 “Warrant for the Arrest of Alien,” Form I-205 “Warrant of Removal/ Deportation,” any predecessor or successor form, and all wants, hits or requests contained in the “Immigration Violator File” of the Federal Bureau of Investigation’s National Crime Information Center database. This definition does not include a criminal warrant issued upon a judicial determination of probable cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution. Agency means every city department, agency, division, commission, council, committee, board, or other body established by authority of an ordinance or city council resolution. Agent means any person employed by or acting on behalf of the City of Elgin. Citizenship or immigration status means all matters regarding citizenship of the United States or any other country, or the authority to reside in or otherwise be present in the United States, including an individual’s nationality and country of citizenship. City-owned property means any land, building, structure, facility, or other real property owned, leased, operated, or controlled by the City of Elgin, including City offices, parks, and other municipal facilities. Civil immigration enforcement means any investigation, arrest, detention, or surveillance conducted for the purpose of enforcing federal civil immigration laws, including but not limited to 3 actions by the United States Immigration and Customs Enforcement (ICE) or United States Customs and Border Protection (CBP) relating to alleged violations of the Immigration and Nationality Act that are civil in nature, and any other activities, whether lawful or unlawful, that are undertaken pursuant to a claim of purported civil immigration enforcement authority. Coercion means the use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. Coercion also includes compelling a person to make statements. Contact information means any information which assists in contacting an individual, including, but not limited to, telephone numbers, social media identifiers, electronic mail addresses, or home or work addresses. Criminal warrant means a valid, current criminal warrant issued by a state or federal court and signed by a state or federal judge based upon a judicial determination of probable cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution. EPD means the Elgin Police Department. Family member means a mother, father, spouse, brother or sister (including blood, step or half), son or daughter (including blood, step or half), father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or grandchild, or court-appointed legal guardian, or domestic partner or the domestic partner's mother, father, brother, sister (including blood, step, or half), son or daughter (including blood, step or half). Illinois Accountability Commission means that commission established by Illinois Governor J.B. Pritzker through Executive Order 2025-06, dated October 23, 2025, which commission’s stated purpose is in part to create a public record of the conduct of federal agents through the gathering of information and documentation of the actions of federal law enforcement and the impact of those actions. Immigration agent means an agent of the Federal Immigration and Customs Enforcement Agency, federal Customs and Border Protection, or any similar or successor agency, or any other individual with the power to arrest or detain individuals or manage custody of detained individuals for purposes of civil immigration enforcement. Immigration detainer means a request by an immigration agent to a federal, state or local law enforcement agency to provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, non-limiting examples of which include detainers issued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or Sections 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, Form I-274A “Immigration Detainer - Notice of Action” and any predecessor or successor form. 4  Judicial warrant means a warrant based on probable cause and supported by oath or affirmation, and signed by a federal or state judge or magistrate authorizing law enforcement to take a specific action, such as entry, search, or arrest. Personal demographic information means information concerning a person’s race, color, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, source of income, credit history, or criminal history that can be used to contact, track, locate, identify, or reasonably infer the identity of, a specific individual. Registry program means a public, private, or joint public-private initiative intended to create a compilation of Personal Demographic Information stored in any form. Registry program does not include the decennial census mandated by Article I, Section 2 of the United States Constitution. Staging area means an area that is used to assemble, mobilize, and deploy personnel, vehicles, equipment, or materials, for any purpose arising out of or related to civil immigration enforcement operations. Verbal abuse means the use of oral or written remarks that are overtly insulting, mocking, or belittling, directed at a person based upon the actual or perceived race, immigration status, color, ancestry, or national origin. 2.88.060. – Collection and sharing of citizenship or immigration status information prohibited. Unless required to do so by statute, federal regulation, court order, or a lawfully issued judicial warrant: A. No Agent or Agency shall request, investigate, maintain, or disclose information concerning the citizenship or immigration status of any person unless such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by the individual’s parent or guardian. Notwithstanding this provision, the corporation counsel may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding in which the city is or may be a party. B. No applications, questionnaires, or interview forms used in relation to City of Elgin benefits, opportunities, or services shall contain questions regarding citizenship or immigration status. Any city form requesting information on citizenship or immigration status shall be removed unless such information is required by statute, federal regulation, or order of a court of competent jurisdiction. Agencies shall annually audit such materials and amend them to conform with the requirements of this subsection. 5  C. No Agent or Agency shall enter into or renew any agreement providing direct access to any electronic database or other data-sharing platform maintained by any agency, or otherwise provide direct access to such database to: 1. Any immigration agent or agency, or any other federal agency if the agency or agent determines that the purpose of such access is for the enforcement of civil immigration law; or 2. Any third party or parties, unless all such parties certify that the information in such databases or other data-sharing platforms will not be used for civil immigration purposes or knowingly disseminated to any other party for any purpose related to civil immigration enforcement. 2.88.070. – Prohibition on participation in a registry program. A. No Agent or Agency, elected or appointed officials, or any other party acting on behalf of the city shall in any way assist, enable or participate in the creation or maintenance of any program to register individuals in the United States based on their ancestry, national origin, sexual orientation or religion. In addition, no Agent or Agency, elected or appointed officials, or any other party acting on behalf of the city shall use City monies, facilities, property, equipment, or personnel to participate in or provide support in any manner for the creation, publication, or maintenance of a Registry Program. B. Notwithstanding any other law, no Agent or Agency shall provide or disclose to any government authority Personal Demographic Information regarding any individual that is requested for the purpose of (1) creating a Registry Program; or (2) requiring registration of persons in a Registry Program. This includes a prohibition on making available Personal Demographic Information from any Agency database for such purposes, and includes any City database maintained by a private vendor under contract with the City. C. Nothing in this chapter prohibits an Agent or Agency from sending to, or receiving from, any local, state, or federal agency, aggregate information concerning Personal Demographic Information where such information cannot be used to identify individual persons. D. Nothing in this chapter prohibits an Agent or Agency from sending to, or receiving from, a federal agency charged with enforcement of federal immigration law information regarding an individual's citizenship or immigration status, lawful or unlawful. "Information regarding an individual's citizenship or immigration status, lawful or unlawful" for purposes of this chapter, shall be interpreted consistently with Section 1373 of Title 8 of the United States Code. E. Nothing in this chapter prohibits an Agent or Agency from creating or maintaining a database that contains Personal Demographic Information where such 6  information is collected for purposes of complying with anti-discrimination laws or laws regarding the administration of public benefits, or for purposes of ensuring City programs adequately serve the City's communities, or where the City collects this information to administer or ensure equal access to City services, benefits, contracts, and programs. For purposes of this subsection, “programs” includes permits, licenses, and other regulatory programs. 2.88.080. – Threats based on citizenship or immigration statues prohibited. No agent or agency shall coerce, including through the use of improper or unlawful threats of deportation, or engage in verbal abuse of any person based upon the person's or the person’s family members’ actual or perceived citizenship or immigration status. 2.88.090. – Conditioning benefits, services, or opportunities on immigration status prohibited. A. No agent or agency shall condition the provision or receipt of City of Elgin benefits, opportunities, services, or any other advantage, on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or order of a court of competent jurisdiction. B. Where presentation of an Illinois driver’s license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person’s nation of origin, such as a driver’s license, passport, or consulate- issued document, shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided an Illinois driver’s license or identification card except that this subsection 2.88.090.B shall not apply to the completion of the federally mandated I-9 forms. 2.88.100. – Immigration enforcement prohibited. A. No agency or agent shall participate in civil immigration enforcement operations or assist the civil enforcement of federal immigration law, unless required to disclose information as addressed in section 2.88.060. Specifically, no agency or agent shall: 1. Stop, arrest, search, detain or continue to detain a person: a. Solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation, unless pursuant to an outstanding criminal warrant; b. Based on an administrative warrant, including but not limited to those entered into the Federal Bureau of Investigation's National Crime Information Center database, or successor or similar database maintained by the United States; or 7  c. Based upon an immigration detainer. 2. Permit immigration agents: a. Access to a person being detained by, or in custody of, the agency or agent, including by telephone or other communication medium; or b. Use of agency facilities, including any electronic databases not available to the public. 3. Expend their time responding to inquiries from immigration agents or communicating with immigration agents regarding a person’s custody status, release date, contact information, or other information on persons that may be the subject of immigration enforcement operations. The foregoing notwithstanding, an agency or agent is authorized to communicate with immigration agents in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law; 4. Enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other provision of federal law that permits state or local governmental entities to enforce federal civil immigration law; 5. Transfer any person into the custody of an immigration agent for the sole purpose of civil immigration enforcement; or 6. Set up a traffic perimeter, provide on-site support, or to otherwise be present to assist or support a civil immigration enforcement operation. B. If EPD receives a request from an immigration agent, an EPD supervising officer shall determine whether such request is to assist in the enforcement of civil immigration law. If the supervisor determines that the request is to assist in the enforcement of civil immigration law, the supervisor shall decline the request. The supervisor shall also notify the city manager or designee that the request relates to assistance with civil immigration enforcement. C. The city manager or the city manager’s designee shall develop model policies for public facilities administered or operated by the city to ensure that all such facilities remain safe and accessible to all Elgin residents, regardless of immigration status. All such facilities shall establish public policies that limit immigration enforcement operations on their premises to the fullest extent possible consistent with federal and state law. The city manager or designee shall review such policies when immigration law changes such that the policies may need to be changed. D. In addition to and consistent with the provisions of this chapter and the city’s established policies and practices, the city shall continue to comply with the applicable requirements of the Illinois Trust Act (5 ILCS 805/1 et seq.) and the 8  Trust Act’s limitations on local law enforcement cooperation with federal immigration enforcement agencies. E. The city shall continue to train appropriate agents of the city with respect to the requirements of the Trust Act, the Illinois Voices of Immigrant Communities Empowering Survivors (“VOICES”) Act (5 ILCS 825/1 et seq.) and the requirements of this chapter. F. This section shall not apply when an investigation conducted by the agency or agent indicates that the subject of the investigation has a valid, enforceable, criminal warrant signed by a judge. G. Other prohibitions. In addition to the foregoing, no agent of the city shall: 1. Grant access to any City-owned property or facility to any federal agency or officer for the purpose of conducting civil immigration enforcement activities, unless such access is required by federal or state law, or pursuant to a valid judicial warrant. 2. Permit the use of City resources, including personnel, equipment, databases, communications systems, or vehicles, to support or assist or facilitate civil immigration enforcement activities, except as required by federal or state law or court order. 3. Expend or authorize the expenditure of City funds or other resources to support or assist in or cooperate with federal civil immigration enforcement activities except where such cooperation is required by federal or state law or court order. 4. Enter into any agreement or memorandum of understanding with any federal agency regarding the enforcement of federal civil immigration law, unless specifically authorized by the City Council. H. EPD will conduct annual reviews of its policies and procedures to ensure they reflect best practices and serve the entire community, regardless of immigration status. 2.88.110. – Prohibition on use of city-owned property. A. No City-owned and controlled building, parking lot, vacant lot, garage, buildings, including interior and exterior areas of any parcel upon which a building is located, or other City-owned property shall be used as a staging or debriefing area, processing location, operations base, or other support for civil immigration enforcement. Prohibited uses include but are not limited to assembling, mobilizing, or deploying vehicles, equipment, materials, or personnel for the purpose of carrying out civil immigration enforcement operations. 9 B. Implementation and enforcement. 1. City departments and agencies shall collaborate to identify City-owned and controlled parking lots, vacant lots, garages, buildings, and other City-owned property that could be used as a staging area, processing location, operations base, or other support for civil immigration enforcement. 2. City departments and agencies shall ensure that all such properties have clear signage in English and Spanish stating substantially as follows: “This property is owned and controlled by the City of Elgin. It may not be used for civil immigration enforcement, including use as a staging area, processing location, or operations base.” Such signage shall also incorporate a QR code that will translate the sign into other languages. 3. Where available and appropriate, City departments and agencies may utilize physical barriers such as locked gates to limit access to City-owned and controlled parking lots, vacant lots, garages, buildings, or other property consistent with this section and in conjunction with proper signage. 4. Any City employee or agent who becomes aware of the attempted or actual use of a City-owned and controlled parking lot, vacant lot, garage, buildings, or other property as a staging area, processing location, operations base, or other support for civil immigration enforcement shall immediately report the same to their supervisor, who shall immediately report to the City Manager or designee. 5. The City will respond to reports of incidents involving individuals claiming to be federal agents just as it would respond to any other incident report. An Elgin Police Department supervisor will respond to any reported incidents involving federal agents. Upon arrival, the supervisor will conduct an initial assessment and determine whether there is a basis to find that City-owned property is being used in violation of this section. The responding supervisor will document the investigation in a report. 6. The City Manager or his designee will review any incidents and reports and take appropriate action, which may include reporting to and coordinating with the Illinois Accountability Commission. If it is determined that federal agents have used or are using City property in violation of this section, the City will investigate the violation(s) and, if necessary, seek a court order requiring the federal agents to vacate the property and/or to prohibit further entry onto the property. The City will partner with state and local agencies, including the Illinois Secretary of State, the Illinois Accountability Commission, and the Cook County and/or Kane County State’s Attorney’s Offices, to report and record violations of state and local laws. 7. The City Manager or his designee will report to the City Council every two months regarding any incidents and reports that were received by the City under 10  this section, and any actions that were taken by the City with respect to such incidents and reports including, but not limited to, any reports made by the City to the Illinois Accountability Commission. C. Other units of government property. In the event that another unit of local government within the corporate limits of the City of Elgin has adopted an ordinance or resolution substantially in the form of the provisions of this section establishing restrictions on such unit of local government’s property and has posted signage at those properties, the City shall respond to and investigate reports of incidents at such properties consistent with the provisions of this section with respect to city-owned properties. In the event that it is determined that such properties of local governments have been used in violation of a unit of local government’s ordinance or resolution, the City will cooperate with such unit of local government in seeking a court order or pursuing other actions to enforce the same. D. Private property signage. The City shall design and print standardized signage that private landowners and leaseholders may display to delineate the non-public areas of the property in which the landowner or leaseholder wishes to restrict activities related to civil immigration enforcement. The City will make this signage available free of charge to private landowners and leaseholders, including but not limited to businesses, medical providers, nonprofit organizations, and faith institutions, who voluntarily decide to so designate their property consistent with their authority over the property and who voluntarily request such signage from the City. The City shall also make this signage available on the City website so that landowners and leaseholders may download and print signs. Landowners and leaseholders who post this signage do so at their own discretion and assume any legal risk associated therewith. E. The provisions of this section do not apply to property that is subject to an existing lease or concession agreement to which the City is a party. This section is not intended to, and shall not be interpreted to, interfere with any such lease or agreement. F. The provisions of this section do not prohibit the lawful use of City-owned and controlled property for purposes other than a staging area, processing location, operations base, or other support for civil immigration enforcement, nor does it restrict any person or entity from carrying out functions unrelated to those purposes on such property. 2.88.120. – Legal defense fund for immigrants. In support of the purposes of this chapter, there is hereby established a legal defense fund for residents of the City of Elgin that are in need of legal defense or other assistance relating to detentions arising from immigration enforcement activities. The city manager or the city manager’s designee shall develop a process to identify a qualified not-for-profit service provider 11 to identify recipients and administer the fund. The city council shall determine its annual level of funding of the legal defense fund. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.88.130. – Civic engagement The city shall develop a civic engagement plan within one hundred eighty days of the effective date of this chapter. In developing and implementing a civic engagement plan, the city shall consider the following: A. Provide educational information to the community regarding how to get involved with the city, how to voice their concerns, how to reach city council, understanding initiatives the city passes regarding immigration enforcement, etc. B. Work alongside community organizations to increase civic engagement. C. Ensure the plan always for language access. 2.88.140. – Calls related to immigration enforcement operations. The city shall take reasonable steps to provide a service through 311 that provides callers with information on immigration resources, which may include directing calls to an organization that can provide assistance. If such a system is established, the city shall ensure that residents who have limited proficiency in the English language have meaningful access to such service. 2.88.150. – Cooperation with individuals reporting crime. EPD shall cooperate with those who report crimes, regardless of whether such report is made by a witness or a victim, and regardless of the citizenship or nation of origin of the reporter. Upon receiving a request for completion of a law enforcement certification form or statement required by federal immigration law certifying that a person is a victim of qualifying, criminal activity, a certifying official shall complete the certification form for any victim of qualifying criminal activity in accordance with 5 ILCS 825/10 of the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Such certifying official may be a member of a collective bargaining unit represented by a labor organization. 2.88.160. – No private right of action. This chapter does not create or form a basis for liability on the part of the city, its agents, or agencies. The exclusive remedy for violation of this chapter shall be through the city’s disciplinary procedures for officers and employees under regulations including but not limited to the city’s personnel rules, Ethics Act, union contracts, or any other city rules and/or regulations. If a complaint is received for a possible violation of this chapter by an agent of the city the city manager shall transmit it to the EPD or other appropriate city agency for processing and review. 12 2.88.170. – File information. All applications, questionnaires, and interview forms used in relation to City of Elgin benefits, opportunities, or services shall be promptly reviewed by the pertinent agencies and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal regulation or court decision, shall be deleted within ninety (90) days of the passage of the ordinance from which this chapter derives. 2.88.180. – Agreements with other governmental bodies. The city manager shall pursue available opportunities to enter into intergovernmental agreements with the State of Illinois or other governmental bodies in furtherance of the purposes of this chapter. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.88.190. – Limitations. Nothing in this chapter shall be construed to: A. Restrict or interfere with the execution of lawful judicial warrants or the enforcement of criminal law, nor limit the rights of any person or entity under state or federal law; B. Prohibit the City or its personnel from complying with a lawful court order, judicial warrant, or other requirement expressly imposed by federal or state law, regulation, or court order; C. Restrict City employees from cooperation with federal law enforcement or participation in criminal investigations or public safety activities unrelated to civil immigration enforcement; or D. Prevent voluntary information sharing where such sharing is required to comply with state or federal law. E. Prohibit actions necessary to ensure the safety and security of City facilities or personnel. 2.88.200 – Reporting requirements. In order to ensure compliance with this chapter, EPD shall submit an annual report to the City Manager or designee with deidentified data relevant to compliance with this Chapter in the preceding year, which shall include: 13  A. A numeric list of the notifications made by EPD to the City Manager or designee with events describing a request for assistance with the enforcement of federal civil immigration law. B. With regard to immigration detainers or administrative warrants received by EPD that are related to enforcement of civil immigration law: 1. The date that EPD received the immigration detainer or administrative warrant; and 2. Whether EPD transferred the individual subject to the immigration detainer or administrative warrant to a federal agency’s custody and, if so, which agency. C. The city manager or designee shall make such reports publicly available, including through the internet. Section 3. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.90 thereto entitled “Municipal Identification Card,” to read as follows: “CHAPTER 2.90 – MUNICIPAL IDENTIFICATION CARD 2.90.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who applies for a City of Elgin ID. City of Elgin ID means an identification card issued by the City of Elgin that displays information that includes, but is not limited to, the Applicant's name, photograph, date of birth, an expiration date, and, at the Applicant’s option, display the cardholder’s self- designated gender. The City of Elgin ID shall be designed in a manner to deter fraud. Program means the program to administer and issue the City of Elgin ID. Platform means the online system to issue City of Elgin IDs. 2.90.020. – Administration. A. The city manager or his designee shall implement and administer the Program, and is authorized to adopt rules consistent with this chapter. B. The city manager is authorized to enter into agreements necessary to effectuate the Program, and, in connection with agreements entered into under this section, to enter into and execute all such other instruments and to perform any and all acts, 14  including the allocation and expenditure of duly-appropriated funds, as shall be necessary or advisable in connection with the implementation of such agreements and any renewals thereto. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.90.030. – Agreements with other governmental bodies. The city manager is authorized to enter into intergovernmental agreements with other governmental bodies to increase access for holders of a City of Elgin ID to services and privileges managed by those governmental bodies. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.90.040. – Application. The City of Elgin ID shall be available to any Applicant regardless of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, partnership status, parental status, military status, source of income, credit history, or criminal history, housing status, or status as a victim of domestic violence, provided that the Applicant completes an application on a form provided by the city clerk, and fulfills the requirements for proving identity and residency in the City of Elgin as set forth in rules promulgated by the city clerk. The city clerk shall provide an option for victims of domestic violence to designate an alternative address, and alternative methods by which individuals who are homeless can establish residency notwithstanding the lack of fixed address. 2.90.050. – Confidentiality. The city clerk shall keep all information submitted by an Applicant for a City of Elgin ID confidential to the maximum extent permitted by law. The city clerk shall review, but not collect, documents provided by an Applicant as proof of identity and residence at in-person events. In relation to an application for a City of Elgin ID at an in-person event, the city clerk shall not maintain a record of an Applicant’s home address or telephone number. Information provided by Applicants utilizing the online platform to obtain a City of Elgin ID will be stored and maintained in accordance with the City of Elgin’s retention schedule. The online platform will provide alerts informing Applicants that use of the platform will require that their information be stored and maintained, and an Applicant will have to read through these alerts and agree before they can move forward with obtaining a City of Elgin ID. 2.90.060. – Fees. The city manager is authorized to establish a reasonable fee for applications for a City of Elgin ID sufficient to cover the cost of administering the Program, subject to the approval of the city council, and if such a fee is established, shall adopt rules permitting an Applicant who cannot afford to pay such fee to receive a full or partial waiver.” 15  Section 4. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.92 thereto entitled “Economic Development Initiatives,” to read as follows: “CHAPTER 2.92 – ECONOMIC DEVELOPMENT INITIATIVES 2.92.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Socially and Economically Disadvantaged Individuals (SEDI) -owned businesses, as defined by the U.S. Department of Treasury, means business enterprises that certify that they are owned and controlled (51% or more) by individuals who have had their access to credit on reasonable terms diminished as compared to others in comparable economic circumstances, based upon the following factors or circumstances: A. Business enterprises that certify that they are owned and controlled by individuals who have had their access to credit on reasonable terms diminished as compared to others in comparable economic circumstances, due to their: • membership of a group that has been subjected to racial or ethnic prejudice or cultural bias within American society; • gender; • veteran status; • limited English proficiency; • disability; • long-term residence in an environment isolated from the mainstream of American society; • membership of a federally or state-recognized Indian Tribe; • long-term residence in a rural community; • residence in a U.S. territory; • residence in a community undergoing economic transitions (including communities impacted by the shift towards a net-zero economy or deindustrialization); or • membership of an underserved community (see Executive Order 13985, under which “underserved communities” are populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity,” and “equity” is consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, 16  transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality); B. Business enterprises that certify that they are owned and controlled by individuals whose residences are in Community Development Financial Institution (CDFI) Investment Areas, as defined in 12 C.F.R. § 1805.201(b)(3)(ii); C. Business enterprises that certify that they will operate a location in a CDFI Investment Area, as defined in 12 C.F.R. § 1805.201(b)(3)(ii); or D. Business enterprises that are located in CDFI Investment Areas, as defined in 12 C.F.R. § 1805.201(b)(3)(ii). Very Small Business (VSB), as defined by the U.S. Department of Treasury, means a business with fewer than ten (10) employees. 2.92.020. – Access to Economic Development Initiatives A. All city initiatives that involve economic development such as contracts with community entities to increase economic support for businesses, agreements that are within the oversight or responsibilities of the city of community development department, and similar initiatives, will ensure that such services and initiatives include immigrant-owned businesses regardless of their citizenship status unless otherwise prohibited by statute, federal regulation, or order of a court of competent jurisdiction. B. The city shall develop an inclusive procurement and implementation plan within one hundred eighty (180) days of the effective date of this chapter. In developing and implementing a program of inclusive procurement, the city shall consider the following: 1. Such plan shall be developed by including intentional outreach and services to SEDI and VSB. 2. Such plan shall provide assistance to SEDI and VSB businesses in understanding how to bid on contracts and how to obtain information when bids are available.” Section 5. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.94 thereto entitled “Language Access” to read as follows: 17  “CHAPTER 2.94 – LANGUAGE ACCESS 2.94.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Direct public services means services administered by a city department directly to program beneficiaries and/or participants. Essential public documents means those documents most commonly distributed to the public that contain or elicit important and necessary information regarding the provision of basic city services. LEP means limited-English proficiency. 2.94.020. – Language access plans. A. All City departments that provide direct public services shall ensure meaningful access to such services by taking reasonable steps to develop and implement department-specific language access plans regarding LEP persons. Those departments that provide services to the public that are not programmatic in nature, such as emergency services, shall implement this Chapter to the degree practicable. B. The city shall develop a language access policy and implementation plan within one hundred eighty days of the effective date of this chapter. In developing and implementing a program of language assistance, the city shall consider the following: 1. Develop such language access policy and implementation plan within 180 days of the effective date of this Chapter. Such plan shall be developed by undertaking the four-factor analysis outlined below, which is based on guidance issued by the U.S. Department of Justice effective June 12, 2002 (67 FR 41455). The four factors are: a. The number or proportion of LEP persons served or encountered in the eligible service population; b. The frequency with which LEP persons come into contact with the department; c. The nature and importance of the program, activity or service to the LEP person (including consequences of lack of language services or inadequate interpretation/translation); and d. The resources available to the department and the costs of providing various types of language services; 18  2. Provide services in any non-English language spoken by a limited or non- English proficient population that constitutes 5% or 10,000 individuals, whichever is less, in Elgin, as those languages are determined based on a variety of relevant sources, including, but not limited to, United States Census data, intake data collected by City departments, data on telephonic language translation service requests or usage, research provided by the Language Access Advisory Committee, and community feedback; 3. Ensure that the language access policy and implementation plan includes the following elements for LEP individuals: a. Language access at city council meetings; b. Identification and translation of essential public documents provided to or completed by program beneficiaries and/or participants; c. Interpretation services, including the use of telephonic interpretation services; d. Training of frontline workers and managers on language access policies and procedure; e. Posting of signage in conspicuous locations about the availability of free interpretation services; f. Establishment of an appropriate monitoring and measurement system regarding the provision of department language services; g. Creation of appropriate public awareness strategies for the department's service populations. C. The language access plans developed under this section shall also include provisions for addressing the needs of emerging populations with high rates of LEP persons not covered in subsection 2.94.020.B.2. 2.94.030. – Use of plain language. Department language access policies shall reflect principles of plain language communication, preferably below a sixth-grade reading level. For example, signs and flyers shall be easy to understand, and not include arcane or technical language, unnecessary polysyllabic words, legal jargon, or other text requiring an advanced reading level. 2.94.040. – Community comment. In furtherance of the city’s commitment to providing effective language assistance and incorporating comments from individuals in the community to ensure such assistance, departments covered under this chapter shall create procedures for individuals to provide comment on the language assistance offered or provided to them by the department, such as comments on the type, effectiveness, or quality of language assistance made available. The comments may be collected through a variety of methods, such as, in-person interaction, telephone, a hotline developed for this purpose, or a form, made available in hard copy and online via the internet. 19 2.94.050. – No private right of action. Nothing in this chapter shall be construed to create a private right of action.” Section 6. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 20