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Ordinance 2024-51 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-51 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE CONSTRUCTION OF WATER MAINS Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 81' day of October, 2024 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on October 16, 2024. Ordinance No. 2024-51 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE CONSTRUCTION OF WATER MAINS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Yorkville Nexus, LLC, an Illinois limited liability company ("Yorkville Nexus"), submitted a proposal to the City to develop approximately two hundred seventy-nine (279) acres at the northeast corner of Eldamain and Faxon Road (the "Development Site"); and WHEREAS, Yorkville Nexus, as a part of its proposal to the City, requested the City to extend water services to the Development Site and further agreed to be responsible for all costs incurred by the City for the engineering design fees, acquisition of required temporary and permanent easements, and the cost of construction related to water service extended to the Development Site, and all permit fees for its construction (the "Project"); and WHEREAS, the City has proceeded to negotiate the acquisition of the easements required to construct the Project from the owner of certain property along Corneils Road and is prepared to authorize the acceptance of and consideration due for the conveyance of temporary construction easements and permanent easements (collectively, the "Easements") as hereinafter provided; WHEREAS, SOO Green HDVC Link ProjectCo, LLC, a Delaware limited liability company ("Grantor"), has agreed to provide the City Easements on Grantor's property, provided the City agrees to Grantor burying certain high voltage direct current lines through the Easements, to compensate Grantor for certain crop damage, and other consideration pursuant to an Agreement between the City and the Grantor, attached hereto as Exhibit A. Ordinance No.2024-51 Page 2 NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1.All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. The following Easements, as attached hereto, are hereby accepted: 1. Permanent Easement dated September 26, 2024, from SOO Green HVDC Link ProjectCo LLC, a Delaware limited liability company, as Grantor, said easement being located within Parcel No. 02-18-100-003. 2. Temporary Construction Easement dated September 26, 2024, from SOO Green HVDC Link ProjectCo LLC, a Delaware limited liability company, as Grantor, said easement being located within Parcel No. 02-18-100-003. 3. Permanent Easement dated September 26,2024,from Yorkville Nexus LLC, an Illinois limited liability company, as Grantor, said easement being located within Parcel No. 02-18-100-005. 4. Temporary Construction Easement dated September 26, 2024, from Yorkville Nexus LLC, an Illinois limited liability company, as Grantor, said easement being located within Parcel No. 02-18-100-005. Section 3. The City Council hereby authorizes the Mayor and the City Clerk to execute an Agreement between the City and Soo Green HDVC Link ProjectCo LLC, in the form attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No.2024-51 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 8th day of October, A.D. 2024. Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this"I day of (� � ('� , A.D. 2024. MA OR Attest: C Y CLERK Ordinance No. 2024-51 Page 4 202400012115 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL Owner S00 Green HVDC Link Projectco LLC RECORDED: 10/10/2024 09:10 AM Address Corneils Road RECORDING FEE 69.00 Yorkville, Illinois 60560 PAGES: 4 County Kendall P.I.N. Nos. 02-18-100-003 PERMANENT EASEMENT SOO Green HVDC Link Projectco LLC, a Delaware limited liability company ("Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, hereby grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successors and assignees ("Grantee"), a permanent non-exclusive easement for the purpose of the construction and maintenance of an underground water main and underground appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto (the "Premises")along with the right of access from Corneils Road thereto. Grantee also agrees to compensate Grantor for any crop damage suffered by Grantor as a direct result of Grantor's exercise of the rights granted herein. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of an agreed amount of consideration for crop damage occurring during the construction of the water main, all claims arising out of the above acquisition and construction of the water main shall have been settled, including without limitation, any diminution in value to any remaining property of Grantor caused by the opening, improving and using the Premises for the water main. This acknowledgement does not waive any claim for trespass or negligence against Grantee or Grantee's agents which may cause damage to Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the Legal representatives, successors and assigns of Grantor. Dated this Zr� ep day of lembft- 2024. SOO Green HVDC Link Projectco LLC, a Delaware limited liability company r By: - Si nature ✓J�P� Printed Named l/NJ'fIAA��LPw�y�l�','✓,DIuE/`f'/'/(PC/,G�/c'�"P Title 3520179.0002/191314028.2 _} K Na,4f., �. bno State of44ipeie— ) Ma,- W;,kQ ) ss County off ) i, �kOg3- L. Cl,?.- /( a Notary Public in and for the County and State aforesaid, do hereby certify that Neil 0 3 wes , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this 26 day of Sef�Pm ber 2024. C/ t Notary Public �..•••'••� NOTARY This instrument was prepared by: After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 3520179.0002,191314028.2 EXHIBIT A PARCEL A(20' UTILITY EASEMENT) THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION, 1643.82 FEET TO THE WEST LINE OF PARCEL 6 DESCRIBED IN DOCUMENT 200500003352; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID WEST LINE, 40.01 FEET TO THE SOUTH LINE OF CORNEILS ROAD DEDICATED BY DOCUMENT 200500025830 FOR THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG SAID SOUTH LINE, 1477.16 FEET TO THE EAST LINE OF SAID PARCEL; THENCE SOUTH 01 DEGREES 03 MINUTES 15 SECONDS EAST, ALONG SAID EAST LINE, 20.01 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 38 SECONDS WEST, 1477.18 FEET TO THE WEST LINE OF SAID PARCEL; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE, 20.01 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. 3520179,0002/191314028.2 7718 18CORNEILS ROAD7187718 18CORNEILS ROAD© EXHIBIT 202400012116 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL Owner S00 Green HVDC Link Projectco LLC RECORDED: 10/10/2024 09:10 AM Address Corneils Road RECORDING FEE 69.00 Yorkville, Illinois 60560 PAGES: 5 County Kendall P.I.N. Nos. 02-18-100-003 TEMPORARY CONSTRUCTION EASEMENT SOO Green HVDC Link Projectco, LLC, a Delaware limited liability company ("Grantor'), for and in consideration of One Dollar($1), receipt of which is hereby acknowledged, hereby grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successors and assignees ("Grantee"), a temporary non-exclusive construction easement for the purpose of construction of an underground water main and underground appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto (the "Premises"). Grantee also agrees to compensate Grantor for any crop damage suffered by Grantor as a direct result of Grantor's exercise of the rights granted herein. The right, easement and privilege granted herein shall terminate 5 years from the execution of this document, or on the completion of the proposed project, whichever is the sooner. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of Grantor caused by the opening, improving and using the Premises for the water main. This acknowledgement does not waive any claim for trespass or negligence against Grantee or Grantee's agents which may cause damage to Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of Y 2024. SOO Green HVDC Link Projectco LLC, a Delaware li ited liabilit company By: S' nature Printed Name Title 3520179.0002/1 913 1 3997.2 Y N Olf-1 A C� ^a State of*r� Mlf- ) ss County of4<4-- tt ) vJa 10 I, Kh9la^ L - C13-, k , a Notary Public in and for the County and State aforesaid, do hereby certify that Ne;I u JoALS , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. .w, Given under my hand and official seal, this day of 2024. Notary Vublic ROTARY t-1C f 3520179.0002/1 9 13 13997.2 State of Illinois ) ) ss County of Kendall ) L, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of 2024. Notary Public This instrument was prepared by: After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 3520179.0002/1 913 1 3987.2 EXHIBIT A PARCEL B (30' TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 18, 1643.82 FEET TO THE WEST LINE OF PARCEL 6 DESCRIBED 1N DOCUMENT 200500003352; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID WEST LINE, 60.02 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, 1477.18 FEET TO THE EAST LINE OF SAID PARCEL; THENCE SOUTH 01 DEGREES 03 MINUTES 15 SECONDS EAST, ALONG SAID EAST LINE, 30.01 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 38 SECONDS WEST, 1477.21 FEET TO THE WEST LINE OF SAID PARCEL; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE, 30.01 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. -1520179.000211913 13997.2 7718 18CORNEILS ROAD7187718 18CORNEILS ROAD© EXHIBIT 202400012117 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL Owner Yorkville Nexus LLC RECORDED: 10/10/2024 09:10 AM Address Corneils Road RECORDING FEE 69.00 Yorkville, Illinois 60560 PAGES: 4 County Kendall P.I.N. Nos. 02-18-100-005 PERMANENT EASEMENT Yorkville Nexus LLC (collectively, the "Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, represents that Grantor owns the fee simple title to and hereby grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successor and assignees (Grantee), a permanent easement for the purpose of construction and maintenance of a watermain and appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for the watermain. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of�Q�Vn - 2024. By: 114e-- Signature LZI.u,. Printed Name By: Signature Printed Name State of Illinois ) SS County of Kendall ) I, Jor; MQhr- a Notary Public in and for the County and State aforesaid, do hereby certify that ykAC44Fhcyt 13.67ilber-F, personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this Q��day of Wie M , 2024. N tary Public "Official Seal" JORI MARIE BEHLAND Notary Public,State of Illinois My Commission Expires 10/16/2024 State of Illinois ) SS County of Kendall ) I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2024. Notary Public This instrument was prepared by: After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL A (20' UTILITY EASEMENT) THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION, 1643.82 FEET TO THE EAST LINE OF PARCEL 5 DESCRIBED IN DOCUMENT 202300006449; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID EAST LINE, 40.01 FEET TO THE SOUTH LINE OF CORNEILS ROAD DEDICATED BY DOCUMENT 200500025830 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID EAST LINE, 20.01 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 38 SECONDS WEST, 1538.86 FEET; THENCE SOUTH 43 DEGREES 10 MINUTES 54 SECONDS WEST, 14.35 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST, 1271.96 FEET TO THE SOUTH LINE OF SAID PARCEL 5; THENCE SOUTH 89 DEGREES 09 MINUTES 29 SECONDS WEST, ALONG SAID SOUTH LINE, 20.00 FEET TO THE EAST LINE OF ELDAMAIN ROAD DEDICATED BY DOCUMENT 200500025830; THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS WEST, ALONG SAID EAST LINE, 1280.03 FEET TO THE SOUTHERLY CORNER OF A PARCEL OF LAND CONVEYED TO KENDALL COUNTY HIGHWAY DEPARTMENT BY DOCUMENT 201300009343; THENCE NORTH 43 DEGREES 10 MINUTES 54 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, 30.60 FEET TO THE SOUTH LINE OF SAID CORNEILS ROAD; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG SAID SOUTH LINE, 1547.53 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. 718CORNEILS ROADELDAMA IN ROAD 7718 181818© EXHIBIT 202400012118 DEBBIE GILLETTE Owner Yorkville Nexus LLC RECORDER -KENDALL COUNTY, IL Address Corneils Road RECORDED: 10/10/2024 09:10 AM Yorkville, Illinois 60560 RECORDING FEE 69.00 County Kendall PAGES: 4 P.I.N. Nos. 02-18-100-005 TEMPORARY CONSTRUCTION EASEMENT Yorkville Nexus LLC (collectively, the "Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, hereby represents that Grantor owns the fee simple title to and grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successors and assignees (Grantee), a temporary construction easement for the purpose of construction of a watermain and appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. The right, easement and privilege granted herein shall terminate 5 years from the execution of this document, or on the completion of the proposed project, whichever is the sooner. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the premises may not interfere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for the watermain. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this LC` day of 2024. By: Signature /tvtttu. , Printed Name By: Signature Printed Name N State of Illinois ) ss County of Kendall ) I, ,Jeri MArie ►3eh)CgCl , a Notary Public in and for the County and State aforesaid, do hereby certify thatMagncw 13. %i nocr+-, personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seat, this a(Q day of f lIQ", 2024. N tary Public "Official Seal" JORI MARIE BEHLAND Notary Public,State of Illinois My Commission Expires 10/16/2024 State of Illinois ) ss County of Kendall ) I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2024. Notary Public This instrument was prepared by: After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 J EXHIBIT A PARCEL B (30' TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION, 1643.82 FEET TO THE EAST LINE OF PARCEL 5 DESCRIBED IN DOCUMENT 202300006449; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID EAST LINE, 60.02 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID EAST LINE, 30.01 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 38 SECONDS WEST, 1518.87 FEET; THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST, 1252.84 FEET TO THE SOUTH LINE OF SAID PARCEL 5; THENCE SOUTH 89 DEGREES 09 MINUTES 29 SECONDS WEST, ALONG SAID SOUTH LINE, 30.00 FEET; THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS WEST, 1271.96 FEET; THENCE NORTH 43 DEGREES 10 MINUTES 54 SECONDS EAST, 14.35 FEET; THENCE NORTH 87 DEGREES 30 MINUTES 38 SECONDS EAST, 1538.86 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. 718CORNEILS ROADELDAMA IN ROAD 7718 181818© EXHIBIT S 0 0 Green HVDC LINK AGREEMENT This agreement memorializes the understanding between SOO Green HVDC Link ProjectCo LLC, a Delaware limited liability company ("SOO Green") and the United City of Yorkville, Kendall County, Illinois, its successors, and assignees (the "City" and, together with SOO Green, the "Parties")regarding the City's obligations toward the development of SOO Green's Transmission Line (as defined below) in exchange for SOO Green's execution of the Permanent Easement and the Temporary Construction Easement (together, the "Easements") in the forms attached to this letter across SOO Green's property known as Kendall County parcel 02-18-100-003 (the"Parcel") along Comeils Road: 1. For the five-year period (the "Agreement Period") commencing on the date of this letter, the City shall make available to SOO Green sufficient space within the Corneils Road right-of- way for SOO Green's construction, and pennanent operation and maintenance of the proposed buried SOO Green HVDC transmission line (the "Transmission Line"). 2. The City agrees that it will permit SOO Green to construct, operate and maintain the Transmission Line within the easement areas described in the Easements. The parties will enter into a crossing agreement for the Transmission Line on terms reasonably acceptable to each Party. 3. The City will keep SOO Green's pending utility permit application [for the Transmission Line] active for the Agreement Period or until SOO Green completes final permit requirements necessary for approval as described below. 4. The City will approve the pending utility permit application upon SOO Green's completion of the following requirements: o Confirmation of right-of-way dedication (recorded); o Initial registration of the utility that occupies right of way pursuant to section 7-8-3 of the City's municipal code (with subsequent annual registration as required); o Submission and approval (to the extent required) of a written traffic plan pursuant to section 7-8-4 of the City's municipal code; o Submission and approval (to the extent required) of an emergency contingency plan pursuant to section 7-8-4 of the City's municipal code; o Submission of evidence of required insurance per section 7-8-8 of the City's municipal code; and o Completion of a pre-construction meeting pursuant to section 7-8-6 of the City's municipal code. o Submittal of the Final Plan to the City and receipt of its approval. 5. The City shall compensate SOO Green (or, upon direction of SOO Green, SOO Green's farming tenant) for crop damage and compaction caused by the City's activities on the Parcel as follows: 3520179,0002/1 9 1 308026.2 t> SOO Green o Crop Damage Compensation. The City will compensate SOO Green for one year of crop damage caused by pre-construction, construction, and post-construction activities related to the Project. The calculation of crop damage compensation will utilize the following formula where"Commodity Price" is SOO Green's current year contract price (or, if such price has not been determined, SOO Green's actual price for the previous year): Commodity Price * Area of Crop Damaged* Yield= Crop Damage Payment o Compaction Compensation. At the conclusion of construction activities, The City will replace topsoil within the Easement Area so that, after settling occurs, the topsoil's original depth and contour will be restored. The City will also compensate SOO Green for fifty percent (50%) of the equivalent of two full years of production to SOO Green for compaction caused by construction activities related to the Project which may impact future crop production. The calculation of compaction compensation will utilize the following formula where"Commodity Price" is SOO Green's current year contract price (or, if such price has not been determined, SOO Green's actual price for the previous year): Commodity Price * Disturbed Area * Yield * 200% =Compaction Payment This Agreement constitutes a portion of the consideration given to SOO Green by the City for the Easements. By signing, both parties acknowledge and agree to this Agreement as of � } , 2024. SOO GREEN: SOO GREEN HVDC LINK PROJECTCO, LLC, a Delawar li ited li ility company By: a AnAle THE CITY: [THE UNJ,T CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS] Name: �J01'1 Its: llOr 3520179,0002/191308026.2