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Ordinance 2006-018 UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2006 -18 AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2005 -109 SPECIAL TAX BONDS, SERIES 2006 (BRISTOL BAY I PROJECT) ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The 14th day of March, 2006 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois this 14th day of March, 2006. CH12_607926.4 ORDINANCE NO. 2006-18 AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2005 -109 SPECIAL TAX BONDS, SERIES 2006 (BRISTOL BAY I PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Findings and Declarations. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the " City ") as follows: a. The City has previously established Special, Service Area Number 2005- 109 described more fully in Exhibit A to this Ordinance (the "Special Service Area ") pursuant to Ordinance Number 2006 -17 adopted on March 14, 2006 (the "Establishing Ordinance "), the provisions of the Special Service Area Tax Law, 35 ILCS 200/27 -5 et seq., as amended (the "Special Service Area Act") and the provisions of Section 7 of Article VII of the 1970 Constitution of the State of Illinois, and has otherwise complied with all other conditions precedent required by the Special Service Area Act. b. It is necessary and in the best interests of the City to provide at this time special services benefiting the Special Service Area consisting of the acquisition, construction and installation of public improvements including, but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation, public park improvements and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap -on and related fees for water or sanitary sewer services and other eligible costs to serve the Special Service Area (the " Special Services "). The City presently estimates the total cost of these Special Services together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively, the "Costs of the Special Services ") to be approximately $20,000,000. C. The City does not have sufficient funds on hand or available from other sources with which to pay the costs of the Special Services. d. It is in the best interests of the City to issue not to exceed $20,000,000 principal amount of its Special Service Area Number 2005 -109 Special Tax Bonds, Series 2006 (Bristol Bay I Project) (the " Bonds ") as provided in this Ordinance, to pay or provide funds for a portion of the Costs of the Special Services. CH12_607926.4 e. The borrowing of the sum of not to exceed $20,000,000 and the issuance of the Bonds in that amount are for purposes constituting special services in the Special Service Area under the Special Service Area Act. f. After due publication of a notice as required by the Special Service Area Act, a public hearing to consider the establishment of the Special Service Area, the issuance of the Bonds for the purpose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy, was held on January 24, 2006 at 7:00 p.m. No objection petition has been filed with respect to the establishment of the Special Service Area or the issuance of the Bonds within the period of time allowed pursuant to the Special Service Area Act. Section 2. Issuance of Bonds. The City shall borrow the sum of not to exceed $20,000,000 by issuing the Bonds as provided in this Ordinance. The Bonds which shall be designated "United City of Yorkville, Kendall County, Illinois Special Service Area Number 2005 -109 Special Tax Bonds, Series 2006 (Bristol Bay I Project)," and shall be issued for the purpose of providing a portion of the funds needed for the Costs of the Special Services. The Bonds shall be issued pursuant to the powers of the City pursuant to Section 7 of Article VII of the 1970 Constitution of the State of Illinois; the Special Service Area Act; and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (the "Debt Act "). Section 3. Annroval of Documents. There have been submitted to the City Council forms of the following documents relating to the issuance of the Bonds: a. a form of Trust Indenture (the "Indenture ") between the City and The Bank of New York Trust Company, N.A., as Trustee, to be dated as of March 1, 2006, which form of Indenture is attached as Exhibit B to this Ordinance; b. a form of Bond Purchase Agreement (the "Bond Purchase Agreement ") among the City, William Blair & Company, L.L.C., as Underwriter (the "Underwriter "), and Centex Homes (the "Developer ") to be dated as of the date the offer of the Underwriter to purchase the Bonds is accepted by the City, which form of Bond Purchase Agreement is attached as Exhibit C to this Ordinance; C. a form of Public Improvements Agreement between the Developer and the City, which form of Public Improvements Agreement is attached as Exhibit D to this Ordinance; d. a form of the preliminary Limited Offering Memorandum (the "Limited Offering Memorandum ") used by the Underwriter in its initial offering of the Bonds, which form of Limited Offering Memorandum is attached as Exhibit E to this Ordinance; e. a form of the Agreement for Consulting Services by and between the Developer, David Taussig & Associates, Inc. ( "Taussil; ") and the City, which form of Agreement for Consulting Services is attached as Exhibit F to this Ordinance; and 2 CH12_607926.4 f. a form of the Agreement for Administrative Services between Taussig and the City, which form of Agreement for Administrative Services is attached as Exhibit G to this Ordinance. Such documents are approved as to form and substance and the Mayor and the City Clerk of the City are authorized and directed to execute and deliver and/or authorize the use of such documents on behalf of the City in the forms submitted with such additions, deletions and completions of the same (including the establishment of the terms of the Bonds within the parameters set forth in this Ordinance) as the Mayor and the City Clerk deem appropriate; and when each such document is executed, attested, sealed and delivered on behalf of the City, as provided herein, each such document will be binding on the City; from and after the execution and delivery of each such document, the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such additional documents as may be necessary to carry out, comply with and perform the provisions of each such document as executed; and each such document shall constitute, and hereby is made, a part of this Ordinance, and a copy of each such document ,shall be placed in the official records of the City, and shall be available for public inspection at the office of the City Clerk. Either the Mayor or the City Clerk is authorized and directed, subject to the terms of the Bond Purchase Agreement as executed, to execute the final Limited Offering Memorandum in substantially the form of the preliminary Limited Offering Memorandum presented hereto with such changes, additions or deletions as they deem appropriate to reflect the final terms of the Bonds, the Indenture and other matters. Section 4. Bond Terms. The Bonds shall be issued as provided in the Indenture and shall be issued in the principal amount of not to exceed $20,000,000, shall be dated, shall mature, shall bear interest at the rates (not to exceed in any year seven percent (7 %) per annum) and shall be subject to redemption at the times and prices as set forth in the Indenture, and shall be sold to l the Underwriter at a purchase price of not less than 98.5% of the principal amount of the Bonds with an original issue discount of not to exceed 2% of the principal amount of the Bonds, all as set forth in the Bond Purchase Agreement. The execution and delivery of the Bond Purchase Agreement by the Mayor and the City Clerk shall evidence their approval of the terms of the Bonds set forth above. Section 5. Execution and Delivery of Bonds. The Mayor and the City Clerk are authorized and directed to execute and deliver the Bonds and, together with other Authorized Officers (as defined in the Indenture), to take all necessary action with respect to the issuance, sale and delivery of the Bonds, all in accordance with the terms and procedures specified in this Ordinance and the Indenture. The Bonds shall be delivered to the Trustee who is directed to authenticate the Bonds and deliver the Bonds to the Underwriter upon receipt of the purchase price for the Bonds. The Bonds shall be in substantially the form set forth in the Indenture. Each Bond shall be executed by the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk and shall have the corporate seal of the City affixed to it (or a facsimile of that seal printed on it). The Mayor and the City Clerk (if they have not already done so) are authorized and directed to file with the Illinois Secretary of State their manual signatures certified by them pursuant to the Uniform Facsimile Signatures of Public Officials Act, as 3 CH12_607926.4 amended, which shall authorize the use of their facsimile signatures to execute the Bonds. Each Bond so executed shall be as effective as if manually executed. In case any officer of the City whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before authentication and delivery of any of the Bonds, that signature or facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. No Bond shall be valid for any purpose unless and until a certificate of authentication on that Bond substantially in the form set forth in the bond form in the Indenture shall have been duly executed by the Trustee. Execution of that certificate upon any Bond shall be conclusive evidence that the Bond has been authenticated and delivered under this Ordinance. Section 6. Bonds are Limited Oblip-ations; Levy of Special Tax; Pledge. The Bonds shall constitute limited obligations of the City, payable from the Special Taxes (as defined below) to be levied on all taxable real property within the Special Service Area as provided below. The Bonds shall not constitute the general obligations of the City and neither the full faith and credit nor the unlimited taxing power of the City shall be pledged as security for payment of the Bonds. There are hereby levied Special Taxes upon all taxable real property within the Special Service Area in accordance with the Special Tax Roll and Report (as defined below) sufficient to pay and discharge the principal of and interest on the Bonds and the Additional Bonds (as defined in the Indenture) at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds for each year at the interest rates to be set forth in Section 2.4 of the Indenture and to pay for the Administrative Expenses (as defined in the Indenture) of the City and Kendall County, if any, for each year including specifically the following amounts for the following years (the "Special Taxes "): An Amount Sufficient Year of Lew to Produce the Sum of- 2007 $2,998,780 2008 3,043,344 2009 3,088,986 2010 3,135,252 2011 3,181,986 2012 3,229,330 2013 3,277,766 2014 3,326,812 2015 3,376,950 2016 3,427,698 2017 3,478,914 2018 3,531,222 2019 3,584,140 2020 3,637,526 2021 3,692,146 2022 3,747,234 4 CH12 607926.4 An Amount Sufficient Year of Levv to Produce the Sum of: 2023 3,803,556 2024 3,860,346 2025 3,918,214 2026 3,976,706 2027 4,036,276 2028 4,096,938 2029 4,158,210 2030 4,220,574 2031 4,284,016 2032 4,348,692 2033 4,413,836 2034 4,480,682 Pursuant to the Special Tax Roll established by the Special Tax Roll and Report prepared for the Special Service Area (the "Special Tax Roll and Report"), the Special Taxes shall be computed, extended and collected and divided among the taxable real property within the Special Service Area in accordance with the terms of the Establishing Ordinance and the Special Tax Roll and Report. It shall be the duty of the City and the City hereby covenants, annually on or before the last Tuesday of December for each of the years 2007 through 2034 to calculate or cause the Consultant appointed pursuant to the Indenture to calculate the Special Tax Requirement (as defined in the Indenture); to amend the Special Tax Roll pursuant to Section VI.E. of the Special Tax Roll and Report; to adopt an ordinance approving the amount of the current calendar year's Special Tax Requirement and abating the Special Taxes levied pursuant to this Ordinance to the extent the taxes levied pursuant to this Ordinance exceed the Special Tax Requirement as calculated by the Consultant pursuant to the Establishing Ordinance and the Special Tax Roll and Report; and provide the County tax collector of Kendall County the amended Special Tax Roll. On or before the last Tuesday of January for each of the years 2008 through 2035 the City shall notify the Trustee and the Notice Beneficial Owners (as defined in the Indenture) of the amount of the Special Tax Requirement and the amount of the Special Taxes to be abated. The City shall take all actions which shall be necessary to provide for the levy, extension, collection and application of the taxes levied by this Ordinance, including enforcement of such taxes as provided by law but only as set forth in Section 7(a) below. The Special Taxes levied as provided above shall be deposited in the Bond and Interest Fund created pursuant to the Indenture and are appropriated to and are irrevocably pledged to and shall be used only for the purposes set forth in Section 7.1 of the Indenture. i Section 7. Special Covenants. The City covenants with the holders of the Bonds from time to time outstanding that it (i) will take all actions which are necessary to be taken (and avoid any actions which it is necessary to avoid being taken) so that interest on the Bonds will not be or become included in gross income for federal income tax purposes under existing law, including without limitation the Internal Revenue Code of 1986, as amended (the " Code "); (ii) will take all actions reasonably within its power to take which are necessary to be taken (and avoid taking any actions which are reasonably within its power to avoid taking and which are 5 CH12 607926.4 necessary to avoid) so that the interest on the Bonds will not be or become included in gross income for federal income tax purposes under the federal income tax laws as in effect from time to time; and (iii) will take no action or permit any action in the investment of the proceeds of the Bonds, amounts held under the Indenture or any other funds of the City which would result in making interest on the Bonds subject to federal income taxes by reason of causing the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or direct or permit any action inconsistent with the regulations under the Code as promulgated and as amended from time to time and as applicable to the Bonds. The Mayor, the City Clerk, the City Treasurer and other Authorized Officers of the City are authorized and directed to take all such actions as are necessary in order to carry out the issuance and delivery of the Bonds including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds and other moneys held under the Indenture in order to establish that the Bonds shall not constitute arbitrage bonds as so defined. The City further covenants with the holders of the Bonds from time to time outstanding that: a. it will take all actions, if any, which shall be necessary in order further to provide for the levy, extension, collection and application of the Special Taxes imposed by or pursuant to this Ordinance or the Establishing Ordinance, including enforcement of the Special Taxes by providing the County of Kendall with such information as is deemed necessary to enable it to include the property subject to the delinquent tax in the County Collector's annual tax sale and in the event the tax lien is forfeited at such tax sale by instituting foreclosure proceedings all in the manner provided by law; provided, however, that the obligation to institute any foreclosure action against any taxpayer other than a taxpayer owning at least five percent (5 %) of the property in the Special Service Area shall only arise in the event the City makes the determination that the proceeds from each foreclosure action have a commercially reasonable expectation of exceeding the costs thereof; b. it will not take any action which would adversely affect the levy, extension, collection and application of the Special Taxes, except to abate the Special Taxes to the extent permitted by the Special Tax Roll and Report and as provided in this Ordinance; and C. it will comply with all present and future laws concerning the levy, extension and collection of the Special Taxes; in each case so that the City shall be able to pay the principal of and interest on the Bonds as they come due and replenish the Reserve Fund to the Reserve Requirement and it will take all actions necessary to assure the timely collection of the Special Taxes, including without limitation, the enforcement of any delinquent Special Taxes as described in paragraph (a) above. Section 8. Additional Authoritv. The Mayor, the City Clerk and the other officers of the City are authorized to execute and deliver on behalf of the City such other documents, agreements and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance, including, without limitation, to make any 6 CH12 607926.4 representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds in order to establish that the Bonds shall not constitute arbitrage bonds as defined in Section 7 above. Section 9. Filing of Ordinance. The City Clerk is directed to file a certified copy of this Ordinance, and an accurate map of the Special Service Area, with the County Clerk of Kendall County. Section 10. Severabilitv. If any section, paragraph, clause or provision of this Ordinance (including any section, paragraph, clause or provision of any exhibit to this Ordinance) shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other sections, paragraphs, clauses or provisions of this Ordinance (or of any of the exhibits to this Ordinance). Section 11. Repealer; Effect of Ordinance. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this Ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be effective upon its passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 14th day of March, 2006. VOTING AYE: L S I r z W I ��r J< Wk Q S. 6c� 1�l J "r U U) S VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: 6 4Aerk 7 CH12_607926.4 Exhibit A UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2005 -109 [Portion North of Galena Road] THAT PART OF SECTIONS 4 AND 9 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 05 MINUTES 15 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 1087.07 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 14 MINUTES 26 SECONDS EAST, 725.09 FEET; THENCE NORTH 89 DEGREES 05 MINUTES 15 SECONDS EAST, 1087.08 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 1924.04 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 00 MINUTES 23 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, 1582.30 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 11520.00 FEET AND A CHORD BEARING OF NORTH 72 DEGREES 24 MINUTES 24 SECONDS, AN ARC LENGTH OF 1132.95 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, 50.13 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, 882.65 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, 600.00 FEET; THENCE SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, 539.21 FEET; THENCE NORTH 75 DEGREES 29 MINUTES 39 SECONDS WEST 208.25 FEET; THENCE SOUTH 87 DEGREES 42 MINUTES 08 SECONDS WEST, 115.27 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 680.00 FEET AND A CHORD BEARING OF SOUTH 08 DEGREES 42 MINUTES 26 SECONDS WEST, AN ARC LENGTH OF 140.94 FEET; THENCE SOUTH 14 DEGREES 38 MINUTES 41 SECONDS WEST, 143.79 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF SOUTH 30 DEGREES 17 MINUTES 29 SECONDS EAST, AN ARC LENGTH OF 39.21 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, 1040.30 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 41 SECONDS WEST, 222.94 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 19 SECONDS WEST, 368.68 FEET; THENCE NORTH 19 DEGREES 50 MINUTES 05 SECONDS WEST, 831.41 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 40 SECONDS WEST, 331.94 FEET; THENCE NORTH 00 DEGREES 59 MINUTES 56 SECONDS WEST, 949.25 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 40 SECONDS EAST, 385.09 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 52 SECONDS WEST, 379.98 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 40 SECONDS WEST, 331.75 FEET; THENCE NORTH 00 DEGREES 37 MINUTES 06 SECONDS EAST, 907.69 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 02 SECONDS WEST, 335.39 FEET TO THE EAST RIGHT OF WAY LINE OF CH12_607926.4 ILLINOIS ROUTE NO. 47; THENCE NORTH 00 DEGREES 57 MINUTES 52 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE, 80.01 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 02 SECONDS EAST, 171.45 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 06 SECONDS EAST, 5.72 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 89 DEGREES 05 MINUTES 15 SECONDS EAST, ALONG SAID NORTH LINE, 2990.11 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PIN's 02 -09- 200 -006 02 -04- 400 -001 02 -04- 300 -001 02 -04- 300 -004 02 -09- 100 -012 02 -09- 200 -006 02 -04- 400 -001 [Portion south of Galena Road] THAT PART OF SECTIONS 9 AND 10 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH 89 DEGREES 04 MINUTES 59 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, 16.50 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 42 MINUTES 16 SECONDS EAST, 1391.17 FEET; THENCE NORTH 14 DEGREES 45 MINUTES 06 SECONDS EAST, 1940.59 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, 1563.43 FEET; THENCE SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, 250.00 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, 350.00 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, 144.21 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 11400.00 FEET AND A CHORD BEARING OF SOUTH 71 DEGREES 42 MINUTES 58 SECONDS EAST, AN ARC LENGTH OF 1395.73 FEET; THENCE SOUTH 22 DEGREES 02 MINUTES 45 SECONDS WEST, 324.61 FEET; THENCE SOUTH 08 DEGREES 47 MINUTES 21 SECONDS EAST, 103.70 FEET; THENCE SOUTH 07 DEGREES 55 MINUTES 29 SECONDS EAST, 102.94 FEET; THENCE SOUTH 21 DEGREES 01 MINUTES 10 SECONDS EAST, 102.94 FEET; THENCE SOUTH 37 DEGREES 33 MINUTES 02 SECONDS EAST, 103.76 FEET; THENCE SOUTH 59 DEGREES 21 MINUTES 35 SECONDS EAST, 103.34 FEET; THENCE SOUTH 67 DEGREES 57 MINUTES 15 SECONDS EAST, 728.53 FEET; THENCE SOUTH 67 DEGREES 57 MINUTES 04 SECONDS EAST, 149.67 FEET; THENCE SOUTH 54 DEGREES 48 MINUTES 46 SECONDS EAST, 61.99 FEET; THENCE SOUTH 29 DEGREES 42 MINUTES 01 A -2 CHI2_607926.4 SECONDS EAST, 63.34 FEET; THENCE SOUTH 19 DEGREES 52 MINUTES 58 SECONDS EAST, 393.83 FEET; THENCE SOUTH 42 DEGREES 12 MINUTES 32 SECONDS EAST, 202.95 FEET; THENCE SOUTH 13 DEGREES 09 MINUTES 03 SECONDS WEST, 13.75 FEET; THENCE NORTH 76 DEGREES 50 MINUTES 57 SECONDS WEST, 477.07 FEET; THENCE SOUTH 13 DEGREES 09 MINUTES 09 SECONDS WEST, 246.59 FEET; THENCE SOUTH 30 DEGREES 33 MINUTES 27 SECONDS EAST, 163.94 FEET; THENCE SOUTH 12 DEGREES 43 MINUTES 25 SECONDS WEST, 205.80 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 10; THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST, ALONG SAID SOUTH LINE, 955.11 FEET; THENCE SOUTH 89 DEGREES 01 MINUTES 11 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10, 2656.76 FEET; THENCE SOUTH 89 DEGREES 04 MINUTES 59 SECONDS WEST, 1343.04 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN's j 02 -09- 200 -005 02 -09- 100 -008 02 -09- 400 -001 02 -10- 300 -001 �I i i A -3 CH12 607926.4 Exhibit B I i I i i CH12_607926.4 Exhibit C I i CHI2 607926.4 Exhibit D I , CH12_607926.4 Exhibit E CH12_607926.4 Exhibit F CH12 607926.4 Exhibit G I I I, I I I CH12 607926.4