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Ordinance 2025-50Prepare�d B� : (Name & Address) G1,tkd if tw N. ,-AY11 r `o Li-� 0 � VU Ij�V r t 1 c- J t i clo } lr1-n 0 r tit � C•j�#��L CP 51 PC)_ n2k 02-15-126-004 202500007928 Attach complete legal description 202500013667 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 10/ 17/ 2025 01:30 PM RECORDING FEE 57.00 PAGES: 3 I, Q Y 4 (_o r?fiY }n the affiant and preparer of this Scrivener's Affidavit, whose relationship to the above -referenced document number is (ex. drafting attorney, closing title company, grantorlgrantee, etc.): 'f-u Qjt Irk , do hereby swear and affirm that Document Number: 202500007928 included the following mistako: TPE IL KE105, LLC, an Illinois limited liability company (Limited to Page 2 of recorded document where the "Developer" is defined) which is hereby corrected as follows: (use additional pages as needed), or attach an exhibit which includes the correction —but DO NOT ATTACK the original/certified copy of the originally recorded document: TPE IL KE105, LLC, a Delaware limited liability company Finally, I , U ( I (ZVitV IYl 0 the affiant, do hereby swear to the above correction, and c ifi ClcrV believe it to be the true and accurate intention(s) of the parties who drafted and recorded the referenced document. ffiant's Signature Above Date Affidavit Executed h NOTARY SECTION: State of l I t'XO! S ) County of M©o CN M -C 15 i 1a , a Notary Public for the above -referenced jurisdiction do hereby swear and affirm that the above -referenced affiant did appear before me on the below indicated date and affix her/his signature or marking to the foregoing Scrivener's Affidavit after providing me with a government issued identification, and appearing to be of sound mind and free from any undue coercion or influence. AFFIX NOTARY STAMP 6ELOW Notaarryp Public Signature Below Date Notarized Below OF ICIAL SAL c1c 1 O ra , MONICA M CiSI Notary Putlit, Slate of Illinois Commission No.1010703 MY C0mmi i 2029ires EXHIBIT A THAT PART OF THE FOLLOWING DESCRIBE❑ PARCEL LYING EASTERLY OF THE CENTERLINE OF CANNONBALL TRAIL: A PART OF THE NORTH HALF OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRiNCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF THE PUBLIC HIGHWAY LEADING NORTH FROM HUNTSVILLE, IN SAID DIRECTION AT A POINT WHERE THE EASTERLY LINE OF SAID HIGHWAY INTERSECTS THE SOUTHERLY LINE OF ELIZABETH RIDER'S LAND; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID ELIZABETH RIDER'S LAND 315 FEET, TO THE SOUTHEAST CORNER THEREOF, THENCE NORTH AT RIGHT ANGLES WITH SAID FIRST LINE ALONG THE EAST LINE OF SAID RIDER LAND, TO THE CENTER OF SAID BRISTOL ROAD; THENCE NORTHEASTERLY, ALONG THE CENTER OF SAID HIGHWAY, TO THE SOUTHERLY LINE OF LAND BELONGING TO HARRY C. ECCLES; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID ECCLES LAND, TO A POINT IN SAID SOUTHERLY LINE 60 CHAINS FROM THE EAST LINE OF SAID SECTION; THENCE EAST, ALONG THE SAID SOUTHERLY LINE OF SAID HARRY C. ECCLES LAND TO THE 8TH SECTION LINE, AND BEING THE WEST LINE OF N.C. RIDER'S LAND; THENCE SOUTH, ON SAID 8TH SECTION LINE AND RIDER'S WEST LINE TO THE RIGHT OF WAY OF G.B. AN❑ Q. RR CO.; THENCE SOUTHWESTERLY, ALONG THE NORTHERLY LINE OF SAID RIGHT OF WAY OF SAID RAILROAD CO. TO WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF JAMES KENNEDY'S LAND; THENCE WESTERLY ALONG THE NORTH LINE OF SAID KENNEDY'S LAND, TO THE NORTHWEST CORNER OF SAID JAMES KENNEDY'S LAND; THENCE NORTHERLY ALONG THE HIGHWAY TO THE PLACE OF BEGINNING, INCLUDING THE EAST HALF MILE OF HIGHWAY WESTERLY AND BORDERING SAID PREMISES; EXCEPTING FROM THE ABOVE PREMISES TWO LOTS 4 BY 8 RODS EACH IN THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PREMISES, HERETOFORE DEEDED TO JOSEPH KENNEDY AND JAMES KENNEDY, SITUATED IN THE TOWN OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE HERETOFORE CONVEYED TO COMMONWEALTH EDISON COMPANY BE DEED RECORDED AS DOCUMENT NO. 73-1974, TO THAT PART OF THE NORTH HALF OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEG INNINGATTHE INTERSECTION OF THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 15 AND THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN (FORMERLY CHICAGO, BURLINGTON AND QUINCY) RAILROAD; THENCE SOUTH 74 DEGREES 19 MINUTES 17 SECONDS WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 2910.45 FEET TO THE SOUTHEAST CORNER OF "REEVES" LAND DESCRIBED IN DEED RECORDED MARCH 13, 1952, AS DOCUMENT #101936; THENCE NORTH 3 DEGREES 10 MINUTES 43 SECONDS WEST ALONG THE EASTERLY LINE OF SAID "REEVES" LAND A DISTANCE OF 12.80 FEET TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 81 DEGREES 50 MINUTES 18 SECONDS WEST ALONG THE NORTHERLY LINE "REEVES" LAND, A DISTANCE 340.18 FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN 150 FEET NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE NORTHERLY TIGHT OF WAY OF SAID RAILROAD; THENCE NORTH 74 DEGREES 19 MINUTES 17 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 331.83 FEET, THENCE NORTH 15 DEGREES 40 MINUTES 43 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DISTANCE OF 40 FEET; THENCE NORTH 74 DEGREES 19 MINUTES 17 SECONDS EAST ALONG ALINE OF SAID RAILROAD, A DISTANCE OF 2941.14 FEET TO THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE SOUTH 0 DEGREES 13 MINUTES 40 SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER, A DISTANCE OF 197.57 FEET TO THE POINT OF BEGINNING; ALL IN KENDALL COUNTY, ILLINOIS, ALSO EXCEPTING THEREFROM THAT PART OF THE NORTHWEST '/4 OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CANNONBALL TRAIL (BEING THE CENTER LINE OF STATE ROUTS 10, SECTION 19-15D) AND A LINE DRAWN PARALLEL WITH AND 80.0 FEET, NORMALLY DISTANT, SOUTHERLY OF "ELIZABETH RIDER'S LAND", THENCE EASTERLY ALONG SAID PARALLEL LINE 239.10 FEET, THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 354.96 FEET TO THE NORTH LINE OF A TRACT OF LAND CONVEYED TO JAMES KENNEDY BY WARRANTY DEED RECORDED ON APRIL 21, 1982, IN BCOK 48 OF DEEDS, PAGE 480; THENCE WESTERLY ALONG SAID NORTH LINE, 106.70 FEET TO THE EAST LINE, AS OCCUPIED AND MONUMENTED, OF LANDS CONVEYED TO GEORGE MEWHIRTER BY A WARRANTY DEED RECORDED MAY 1, 1899, IN BOOK 55 OF DEEDS, PAGE 25; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, BEING ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED 132.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 190.33 FEET TO SAID CENTER LINE; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 2 202500007928 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 06/27/2025 11:39 AM RECORDING FEE 57.00 PAGES: 14 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2025-50 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A LICENSE AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND TPE IL KE105, LLC Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 10"' day of June, 2025 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on June 26, 2025. Ordinance No. 2025-50 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A LICENSE AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND TPE IL KE105, LLC 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, TPE IL KE105, LLC (the "Developer") an Illinois limited liability company, is a developer of solar energy and storage projects which intends to develop a new solar energy project (the "Project") on approximately twenty-six (26) acres in the City located north of the BNSF railroad line and east of Cannonball trail (the "Subject Property"); and WHEREAS, the zoning code of the City requires a special use permit to operate the Project which was granted to the Developer for the Project on the condition that the Developer enter into a decommissioning plan (the "Decommissioning Plan") providing for a removal of all equipment and other properties related to the Project upon termination of its operation; and WHEREAS, the Developer has provided the City with a Decommissioning Plan and is now prepared to enter into a License Agreement in the form attached hereto granting the City access to the Subject Property in the event the Developer fails to decommission the Project in accordance with the Decommissioning Plan. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing preambles are hereby incorporated into this Ordinance as if fully restated herein. Section 2. That the License Agreement by and between the United City of Yorkville, Kendall County, Illinois and TPE IL KE105, LLC is hereby approved and the Mayor and City Clerk are authorized to execute. Section 3. The City Clerk is hereby directed to record this License Agreement with the County Clerk of Kendall Couty. Ordinance No. 2025-50 Page 2 Section 4. This Ordinance shall be in full force and effect upon its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this I Oth day of June, A.D. 2025. 9ttA Y CLER'-&W. I - KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS ABSENT RUSTY HYETT AYE APPROVED by nee, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of�'�`- , A.D. 2025. Attest: TY CLERK Ordinance No. 2025-50 Page 3 License Agreement ,kn This License Agreement is entered into this � day of J-unt,, 2025 by and between the United City of Yorkville, Kendall County, Illinois (the "City") and TPE IL KE105, LLC, a Delaware limited liability company (the "Developer'). Preambles WHEREAS, the City is a non -home rule municipality of the State of Illinois created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and WHEREAS, Developer is a developer of solar energy and storage projects which has entered into a lease of approximately 54 acres, located north of the BNSF railroad line and east of Cannonball Trail, legally described in Exhibit A attached hereto (the "Subject Property'), to install a freestanding solar energy project (the "Project') on 26 acres thereof; and WHEREAS, the Zoning Code of the City requires a special use permit to operate a solar energy project, and a special use permit was granted to Developer by the City for the Project, subject to certain conditions, including providing the City with a decommissioning plan, in the form attached hereto as Exhibit B (the "Decommissioning Plan"), and a decommissioning security guarantee of $750,030 (the "Decommissioning Surety'); and, WHEREAS, Developer has further agreed to enter into this Agreement granting the City access to the Subject Property in the event Developer fails to decommission the Project in accordance with the Decommissioning Plan all as hereinafter provided. NOW, THEREFORE, in consideration of the mutual understanding between the City and Developer, the issuance of a special use permit by the City for the Project and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: Section 1. The foregoing preambles are hereby adopted as if fully restated in this Section 1. Section 2. Developer hereby agrees to provide the City with prior notice of its decision to terminate its operation of the Project at the Subject Property (the "Operations Termination Notice"). if Developer fails to provide the City with the Operations Termination Notice, the City may rely on notice from the owner of the Subject Property (the "Lessor") or any reliable source that Developer has ceased its operation of the Project. Section 3. Upon receipt of the Operations Termination Notice, Developer hereby grants the City a license to enter upon the Subject Property to ensure that Developer is proceeding with the decommissioning of the Project in accordance with the terms and conditions of the Decommissioning Plan. Developer agrees to complete the decommissioning of the Project within twelve (12) months from the date of the Operations Termination Notice. In the event the decommissioning is not being performed in accordance with the Decommissioning Plan, meaning the Project has not been removed within twelve (12) months of the Operations Termination Notice, the City is hereby authorized to proceed to decommission the Project, with all costs of such decommissioning to be paid from the Decommissioning Surety. 1 Section 4. Any notice, request, demand or communication as required by this Agreement shall be deemed to have been duly given if in writing and sent by regular mail, overnight or express delivery or personally delivered to: To the City: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator To Developer: TPE IL KE105, LLC c/o TPE Development, LLC 7272 E. Indian School Rd, Suite 540 Scottsdale, AZ 85251 Attn: Adam Beal, EVP of Development Section 5. This License Agreement shall be in full force and effect for a term commencing with its execution and terminating with the completion of the decommissioning of the Project in accordance with the Decommissioning Plan. Section 5.1. Upon successful completion of decommissioning, a release of the Decommissioning Surety shall immediately be executed by the City. Section 6. This License Agreement shall be recorded with the Recorder of Kendall County. Section 6.1. Upon successful completion of decommissioning, a release of this License Agreement shall immediately be executed by the City and recorded with the Recorder of Kendall County. Section 7. This Agreement shall be governed by the laws of the State of Illinois and any legal action taken by either the City or Developer shall be before the Circuit Court of Kendall County, Illinois. Section 8. This Agreement shall inure to the benefit of the Project and be binding upon the successors and assigns of either party. Section 9. This Agreement may be executed in counterparts, each of which is deemed to be an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunder set their hands as of the date first written above. United City of or ille TPE IL KE105, LLC J By. By: 2 Section 4. Any notice, request, demand or communication as required by this Agreement shall be deemed to have been duly given if in writing and sent by regular mail, overnight or express delivery or personally delivered to: To the City: To Developer: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 Attn: City Administrator TPE IL KE105, LLC c/o TPE Development, LLC 7272 E. Indian School Rd, Suite 540 Scottsdale, AZ 85251 Attn: Adam Beal, EVP of Development Section 5. This License Agreement shall be in full force and effect for a term commencing with its execution and terminating with the completion of the decommissioning of the Project in accordance with the Decommissioning Plan. Section 5.1. Upon successful completion of decommissioning, a release of the Decommissioning Surety shall immediately be executed by the City. Section 6. This License Agreement shall be recorded with the Recorder of Kendall County. Section 6.1. Upon successful completion of decommissioning, a release of this License Agreement shall immediately be executed by the City and recorded with the Recorder of Kendall County. Section 7. This Agreement shall be governed by the laws of the State of Illinois and any legal action taken by either the City or Developer shall be before the Circuit Court of Kendall County, Illinois. Section 8. This Agreement shall inure to the benefit of the Project and be binding upon the successors and assigns of either party. Section 9. This Agreement may be executed in counterparts, each of which is deemed to be an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunder set their hands as of the date first written above. United City of Yorkville TPE IL KE105, LLC Ai By: By: �� 2 STATE OF ) SS. COUNTY OF I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that q DAN t C- , of TPE I KE105, LLC, a elaware limited liability company, who is personally known to me to be the•iz--�� �� � ;,=" of said company, appeared before me this day in person and acknowledged that he/she signed and delivered the foregoing Agreement as his/her own free and voluntary act and as the free and voluntary act of said corporation for the purposes therein set forth. Given under my hand and official seal this 7-41)7aday of ,JvxiF 2029 JOHN MITCHELL NOTARY PUBLIC TNaryy ublic STATE OF COLORADO NOTARY ID 19954008808 MY COMMISSION EXPIRES OCTOBER 31, 2027 3 STATE OF1 ) SS. COUNTY OF 1 U00l_I ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that nQ P(ArYkI � , of the United City of Yorkville, an Illinois non -home rule municipal corporation, who is personally known to me to be the&A rA,,i f1 Y_ , of said municipal corporation, appeared before me this day in person and acknowledged that he/she signed and delivered the foregoing Agreement as his/her own free and voluntary act and as the free and voluntary act of said corporation for the purposes therein set forth. Given under my hand and official seal this I— day of .I LAV1Ci , 2025 otary Public OFfICiAL SEAL JOR1 MARIE BEHLAAD Notary Public, State of Illinois Commission No. 919080 r My commission Expimes Oct, r 1$ 2028 EXHIBIT A THAT PART OF THE FOLLOWING DESCRIBED PARCEL LYING EASTERLY OF THE CENTERLINE OF CANNONBALL TRAIL: A PART OF THE NORTH HALF OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ATA POINT ON THE EAST LINE OF THE PUBLIC HIGHWAY LEADING NORTH FROM HUNTSVILLE, IN SAID DIRECTION AT A POINT WHERE THE EASTERLY LINE OF SAID HIGHWAY INTERSECTS THE SOUTHERLY LINE OF ELIZABETH RIDER'S LAND; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID ELIZABETH RIDER'S LAND 315 FEET, TO THE SOUTHEAST CORNER THEREOF, THENCE NORTH AT RIGHT ANGLES WITH SAID FIRST LINE ALONG THE EAST LINE OF SAID RIDER LAND, TO THE CENTER OF SAID BRISTOL ROAD; THENCE NORTHEASTERLY, ALONG THE CENTER OF SAID HIGHWAY, TO THE SOUTHERLY LINE OF LAND BELONGING TO HARRY C. ECCLES; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID ECCLES LAND, TO A POINT IN SAID SOUTHERLY LINE 60 CHAINS FROM THE EAST LINE OF SAID SECTION; THENCE EAST, ALONG THE SAID SOUTHERLY LINE OF SAID HARRY C. ECCLES LAND TO THE 8TH SECTION LINE, AND BEING THE WEST LINE OF N.C. RIDER'S LAND; THENCE SOUTH, ON SAID 8TH SECTION LINE AND RIDER'S WEST LINE TO THE RIGHT OF WAY OF C.B. AND Q. RR CO.; THENCE SOUTHWESTERLY, ALONG THE NORTHERLY LINE OF SAID RIGHT OF WAY OF SAID RAILROAD CO. TO WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF JAMES KENNEDY'S LAND; THENCE WESTERLY ALONG THE NORTH LINE OF SAID KENNEDY'S LAND, TO THE NORTHWEST CORNER OF SAID JAMES KENNEDY'S LAND; THENCE NORTHERLY ALONG THE HIGHWAY TO THE PLACE OF BEGINNING, INCLUDING THE EAST HALF MILE OF HIGHWAY WESTERLY AND BORDERING SAID PREMISES; EXCEPTING FROM THE ABOVE PREMISES TWO LOTS 4 BY 8 RODS EACH IN THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PREMISES, HERETOFORE DEEDED TO JOSEPH KENNEDY AND JAMES KENNEDY, SITUATED IN THE TOWN OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE HERETOFORE CONVEYED TO COMMONWEALTH EDISON COMPANY BE DEED RECORDED AS DOCUMENT NO. 73-1974, TO THAT PART OF THE NORTH HALF OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNINGATTHE INTERSECTION OF THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 15 AND THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN (FORMERLY CHICAGO, BURLINGTON AND QUINCY) RAILROAD; THENCE SOUTH 74 DEGREES 19 MINUTES 17 SECONDS WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 2910.45 FEET TO THE SOUTHEAST CORNER OF "REEVES" LAND DESCRIBED IN DEED RECORDED MARCH 13, 1952, AS DOCUMENT #101936; THENCE NORTH 3 DEGREES 10 MINUTES 43 SECONDS WEST ALONG THE EASTERLY LINE OF SAID "REEVES" LAND A DISTANCE OF 12.80 FEET TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 81 DEGREES 50 MINUTES 18 SECONDS WEST ALONG THE NORTHERLY LINE "REEVES" LAND, A DISTANCE 340.18 FEET TO THE INTERSECTION OF SAID LINE WITH A LINE 1 DRAWN 150 FEET NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE NORTHERLY TIGHT OF WAY OF SAID RAILROAD; THENCE NORTH 74 DEGREES 19 MINUTES 17 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 331.83 FEET, THENCE NORTH 15 DEGREES 40 MINUTES 43 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DISTANCE OF 40 FEET; THENCE NORTH 74 DEGREES 19 MINUTES 17 SECONDS EASTALONG A LINE OF SAID RAILROAD, A DISTANCE OF 2941.14 FEET TO THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE SOUTH 0 DEGREES 13 MINUTES 40 SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER, A DISTANCE OF 197.57 FEET TO THE POINT OF BEGINNING; ALL IN KENDALL COUNTY, ILLINOIS, ALSO EXCEPTING THEREFROM THAT PART OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CANNONBALL TRAIL (BEING THE CENTER LINE OF STATE ROUTS 10, SECTION 19-15D) AND A LINE DRAWN PARALLEL WITH AND 80.0 FEET, NORMALLY DISTANT, SOUTHERLY OF "ELIZABETH RIDER'S LAND", THENCE EASTERLY ALONG SAID PARALLEL LINE 239.10 FEET, THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 354.96 FEET TO THE NORTH LINE OF A TRACT OF LAND CONVEYED TO JAMES KENNEDY BY WARRANTY DEED RECORDED ON APRIL 21, 1982, IN BOOK 48 OF DEEDS, PAGE 480; THENCE WESTERLY ALONG SAID NORTH LINE, 106.70 FEET TO THE EAST LINE, AS OCCUPIED AND MONUMENTED, OF LANDS CONVEYED TO GEORGE MEWHIRTER BY A WARRANTY DEED RECORDED MAY 1, 1899, IN BOOK 55 OF DEEDS, PAGE 25; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, BEING ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED 132.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 190.33 FEET TO SAID CENTER LINE; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. E EXHIBIT B Ddwdfjpmmt- TurningPoint Energy advisory - investment TPEILKEIO&LLCComm unit % Solar Project Decommissioning TP: tL KE105. LLC has prepared the following plan to fulfill local requirements and assumesthatthe 'rmjc:ft will be constructed in accordance with all permits and approvals. Lff Protect Description TheTPE IL KE 105, LLC Community Solar Projectis anapproAmately 5 MW AC solar farm located on parcel0,2-15-126-004, at 15Cannonball Trail, Bristol, IL60512 in Kendall County the -Project). The Project is to be constructed on approximately 26acres.The purpose ofthe Project is the generation of renewable solar electricity. The Project will be interconnected to the Commonwealth Edison ("ComEifl electric distribution grid nea rthe southwest corner of the site along the 13N5 F rail road. The estimated useful Project lifetime is 25.40 years, ormope. The fallowing Est is a summary of the Project features: • Approximately 5 MW AC total solar array consisting of sflkon solar panels • Driven post or ground screw foundations and steel and aluminum rackingsystem • rSecurityfence surrounding the array pedmeter • Lnverters and transformers for power conditioning • Concrete equipment pads far inverterand/ar switdigear locations • Copper and aluminum wire • Underground conduit at the array location • Overhtead pekes and wires from the array location to utility poles • Gravel access roads • Metal security gates at array location • Miscelianeauseiectdralequipment 2.0 DecommTsslonine Plan The Project has ananticipated operation life of25 to df)years or longer if maintenance is continued. At the end of operationat life of the Project the Projectwill be safely dismantled using conventional construction equipment, rather than being demolished or otherwise disposed of. Dectamm i stoning shall includestabilization of thesite and the removal ofall solarcollectors, cabling, electrical components, fencing and any other associated equipment. The Project consists of numerous materials that can be resold or recycled for significant scrap value, induding steel, aluminum, glass, capper and plastics. Often, current market salvage values of a Project «need estimated demmmissioning and site restoration expenses. TPE IL KEMS. LC Kendall County, IL IL,rn"foint Energy welopn3er»-advisdary-irivestrnent 2.1 Temporary Erosion Control Temporary erosion and sedimentat lon cordro I best management practices will be used during the decommissioning phase of the Project Control features will be r€guladyinVetted during time decomrmissianing phase and removed at the end at thepracess. All decommissioning activitieswill conform with local and state regulations. 2.2 Material Removal Process The decammission process will consist of the fol lowing general steps_ 2.2.1 Project shall be disconnected safelyfrom the powergridand all equipment shall be switched to oft position 2-2-2 PV modulessthall be disconnected, packaged, and returrhedto manufacturer or appropriate fadlityforrecyding ar resold for use in other projects 2.2.3 Above and underground cabling shall beremoved and sent to an appropriate recycling facility 2.2.4 Inverte rs. wi 11 be discunneMd f ro m modules and shipped intact to an approvee e I uctrioal equipment recycler 2.2.5 Racirang mateiialsshall be dismantled, removed, and recVdad off -site at an approved recycler 2.2-5 Fencing will be dismantled, removed, and recycled off -site at an approved recyder 2.2.3 Grade slabs will be broken andremaved and disposed of incompliance with local and state regulations 2.243 AI I rema€ning electrical and s upport equipmentwill be dismantled and recycled ar dispaxd ofin compliance withlocai andstatt regulations 2.2 9 Site access roads will be removed and recycled. Once tone read material is removed, the compacted sail beneath and surrounding the ack ss road shall be be scarified to a depth of a rcYrerarum Winches 2.2.161he sslteshall be re -stabilized once all utilities, equipment, and site features have been removed from the site 2.3 PV Module Re moval Solar phatovoltaic modules used in the Project am manufactured within regulatory requirements for to3ddty based onToAcityCharacterisGc Leaching Procedure (TCLP).'[hesdarpanels are not considered hazardous waste The panels used Inthe Project will contain silicon, giass, and alurninum, which have value for recycling- Solarpanels have a warranty of 20 25years and useful life of 35 - 50years. The most realistic outcome forsdar modules isre-use in other generation TPE It KEIDS. LLC Kendall County, It 2 (TurningPoint Energy devil loprrrdtnt- advisory- i[Westment projects. Modules will be sold for reuse o r dismantled and par ka ged per manufactu rer o r app raved recyders specifications and shipped to an approved off -site recyrier, ZA Electric Wire Removal Electric wire made from copper or aluminum has celue for recycling. DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. overhead cabling tv the interconnection will be removed from poles. All wire wit be sent to an approved off -site reedier. 2S Electrical Equipment Removal Inverters, panels, transformers, switchgear and otherelectrical equipmentwil be dismantled, packaged, and removed from the site per manufactures specifications for removal. decontamination, disposal or recycling_ Any die iectricfluids p resent i n transformer, or other electric equipment wiI be removed, packaged, and sent to an approved waste fadGty- 26 Racking and Fencing removal Ail racking and fencing rn,3*Haiwii be broken down into manageable unitsand removed from ?taject and sent to an approved recycler. Ail racking pasts driven into the ground will be pulled and removed. P.7 Concrete Slab Removal Concrete slabs used as equipment pads will be broken and removed. Clean concrete will be crushed and disposed of aff sift ind 0, mcv,*rf and reused either an or off -site. 22Access Road Removal Gravel from on -site access roads shall be removed and recycled if requested by the Landowner or Required under an AIMA. once the gravel is removed the soil below the gravel and the sail along compacted dirt access roads shall be scarified a depth of 184nches and blended as noted in the Ste Restoration section below. 29 Landscaping Unless required to remain in place by the Land owner or an AI M A agreement all vegetative landscaping and screening installed as part of the Project will remain in place. Landscape areas will be restored as noted in the Site Stabilization section below. TP€ tL KE 105. LLC Kendall County, IL 3 (TurningPoint Energy developnherht - A"sury - invt?imerht 2.1 Final Site Walkthraugh A fi nal s !to walkthrough will he conducted to remove debris and/or trash ge ne rated within the site durl rig the decommissioning process and will include removal and prope r disposal of any debris that may have been windblown to areas outside the immediate footprintof the Project being removed. Z11 Site Stabilization Once removal of all project oqulpment is complete, all areas of the project site that were traversed by vehicles and construction and/or decommission equipment that exhibit compaction and rutting shall be restored. All prior agricultural land shall be ripped at least 18 Indies deep or the exte nt practicable and all pasture and woodland shall be ripped at least 12 inches deep ortothe extent practirabte. The existence of drain the lines or underground utilities may necessitate less ripping depth. Once this is complete, scedwill be planted I desired On consultation with landowners). IOFuture Land Use The site will he restored and reclaimed to appro)dmatetythe pre -construction condition In conformance with the site lease agreement and the Agricultural impact Mitigation Agreement (AIMA). it is assumed thatthe skewill he mturnedto agricultural use after decommissioning, and appropriate measures will be Implementedto achieve said use. 4.0Deta mmisslonina Terris the Project shall be decommissioned within six(G)months of the end of the Project's operational life. At completion attihe decommissianing phase as described in this document and expiration of the site lease, the land will be returned to the owner in a stabilized condition. Decommissioning security financing shall be required bythe county in order to assure the proper dxmnmiw ions ns of the site and in no instance shall the financigl security be less than 51,000 per acre. This se curity financing should be in the form of an irrevocable letter of creditor cash p laced i n a county escrow account Thecountyboardmay, in itssolediscretlon, agreetoacceptsecurlty, era portion thereat, in another form suchasa bond orcerporate guarantee. The Final decommissioning plan and financial security must be presentedto and accepted by the Kendall County Board prior to the Issuance ofa building permit forthe Project. An updated decommissioning planshall be submitted tothe county every three years. TPE IL KE105, LLC Kendall County, IL