CITY OF FAIRVIEW HEIGHTS CITY COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS FEBRUARY 7, :00 P.M.

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1 CITY OF FAIRVIEW HEIGHTS CITY COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS FEBRUARY 7, :00 P.M. A. Call to Order B. Pledge of Allegiance C. Invocation D. Roll Call E. Public Participation F. Consent Agenda: City Council Minutes January 17, 2017 Finance Director Report G. Committee Reports H. Communication from Mayor I. Communication from Elected Officials J. UNFINISHED BUSINESS None. K. NEW BUSINESS Proposed Ordinance No. 7-17, an Ordinance authorizing an amendment of a Redevelopment Agreement with Fairview Heights 881 Fee, LLC. (Community Committee) Proposed Resolution No. 6-17, a Resolution authorizing the Mayor to enter into an agreement with Lt. Michael Hoguet for the sale of (1) duty belt with buckle, (1) set of handcuffs with case and (1) Apple IPad which are no longer needed by the Fairview Heights Police Department. (Administration Committee) Proposed Resolution No. 7-17, a Resolution authorizing the Mayor to enter into an agreement with the Gulf Shores Police Department for the sale of One (1) Protective Point Blank Ballistic Vest no longer needed by the Fairview Heights Police Department. (Administration Committee) Move to reappoint Nick Correale to the Planning Commission, term to expire February 18, L. ADJOURNMENT

2 CITY OF FAIRVIEW HEIGHTS CITY COUNCIL MINUTES JANUARY 17, 2017 The regular meeting of the Fairview Heights City Council was called to order at 7:00 P.M. by Mayor Mark T. Kupsky in the Municipal Complex, Bunkum Road, Fairview Heights, IL with the Invocation by City Clerk Karen J. Kaufhold and the Pledge of Allegiance by Mayor Kupsky. ROLL CALL Roll call of Aldermen present: Pat Peck, Roger Lowry, Justin Gough, Denise Williams, Bill Poletti, Frank Menn, Dennis Baricevic, Pat Baeske, Brenda Wagner and Harry Zimmerman. Mayor Mark T. Kupsky, City Clerk Karen J. Kaufhold and City Attorney Kevin Hoerner were also present. PUBLIC PARTICIPATION No comments. CONSENT AGENDA Alderman Williams moved to approve the corrected January 3, 2017 City Council Minutes, Finance Director's Report and the bills and invoices presented for payment in the amount of $1,732, Seconded by Alderman Wagner. Roll call on the motion showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman voting "Yea." Motion passed on 10 yeas and no nays. COMMITTEE REPORTS Mayor Kupsky announced the Community Committee scheduled for January 18th has been cancelled. COMMUNICATION FROM MAYOR Mayor Kupsky thanked the Parks Department and Public Works Department for the great work during the recent ice storm; Mayor stated that he attended a kickoff for Scott Air Force Base 1 QOth Birthday and other events will be held during the year; Mayor announced Sunday was Dandy Inn's last day before closing and that he had presented a proclamation to Dandy Inn. COMMUNICATION FROM ELECTED OFFICIALS None.

3 UNFINISHED BUSINESS Proposed Ordinance No. 2-'17, an Ordinance granting a Sign Area Variance allowing the placement of Wall Signage within the Planned Business District, located at Lincoln Trail, Ste. 12B. Proposed Ordinance No. 2-'17 was read for the second time. Roll call on Proposed Ordinance No. 2-'17 showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman. Proposed Ordinance No. 2-'17 passed on 10 yeas and no nays. Proposed Ordinance No. 2-'17 now becomes ORDINANCE NO NEW BUSINESS Under the Omnibus Reading, Proposed Ordinance No. 3-'17, an Ordinance abating the tax hereto levied for Library purposes for the Fiscal Year starting May 1, 2017, and ending April 30, 2018, in the amount of Five Hundred Thirty Three Thousand One Hundred Fifty Dollars ($533, ); and Proposed Ordinance No. 4-'17, an Ordinance to provide for the levy of a tax for Library purposes, pursuant to the Local Library Act (75 ILCS 5/3-4), for the City of Fairview Heights, St. Clair County, IL for the Fiscal Year beginning May 1, 2017 and ending April 30,2018;and Proposed Ordinance No. 5-'17, an Ordinance abating the tax hereto levied for the year 2016 to pay the principal of and interest on the Seven Million Four Hundred Fifty-Five Thousand Dollars ($7.455,000.00) General Obligation Refunding Bonds, Series 2005 of the City of Fairview Heights, St. Clair County, Illinois; and Proposed Ordinance No. 6-'17, an Ordinance abating the tax hereto levied for the year 2016 to pay the principal of and interest on the Two Million Six Hundred Thirty Thousand Dollars ($2,630,000.00) General Obligation Bonds, Series 2010 of the City of Fairview Heights, St. Clair County, Illinois. Motion made by Alderman Lowry. Seconded by Alderman Baricevic. Proposed Ordinance No. 3-'17, Proposed Ordinance No. 4-'17, Proposed Ordinance No. 5-'17 and Proposed Ordinance No. 6-'17 were read for the first time. Alderman Lowry moved to advance Proposed Ordinance No. 3-'17, Proposed Ordinance No. 4-'17, Proposed Ordinance No. 5-'17 and Proposed Ordinance No. 6-'17 to the second reading. Seconded by Alderman Baricevic. Motion carried. Proposed Ordinance No. 3-'17, Proposed Ordinance No. 4-'17, Proposed Ordinance No. 5-'17 and Proposed Ordinance No. 6-'17 were read for the second time. Alderman Lowry moved to include the figure of $533, to the heading of Proposed Ordinance No. 4-'17. Seconded by Alderman Baricevic. Motion carried. Roll call on Proposed Ordinance No. 3-'17, Proposed Ordinance No. 4-'17, Proposed Ordinance No. 5-'17 and Proposed Ordinance No. 6-'17 as amended showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman voting "Yea." Proposed Ordinance No. 3-'17, Proposed Ordinance No. 4- '17, Proposed Ordinance No. 5-'17 and Proposed Ordinance No. 6-'17 passed on 10 yeas and no nays. 2

4 NEW BUSINESS - continued Proposed Ordinance No. 3-'17 now becomes ORDINANCE NO Proposed Ordinance No. 4-'17 now becomes ORDINANCE NO Proposed Ordinance No. 5-'17 now becomes ORDINANCE NO Proposed Ordinance No. 6-'17 now becomes ORDINANCE NO Proposed Resolution No. 2-'17, a Resolution amending Resolution No , passed April 19, 2016, and approved April 21, 2016, a Resolution authorizing Departmental Force Levels. Motion made by Alderman Baricevic. Seconded by Alderman Poletti. Roll call on Proposed Resolution No. 2-'17 showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman. Proposed Resolution No. 2-'17 passed on 10 yeas and no nays. Proposed Resolution No. 2-'17 now becomes RESOLUTION NO Proposed Resolution No. 3-'17, a Resolution authorizing the Mayor to enter into Sales Agreements with Bobcat of St. Louis, Fairview Heights for a T870 Bobcat Compact Track Loader, 80-lnch Brushcat, and 72-inch Sweeper for use by the Public Works Department. Motion made by Alderman Baricevic. Seconded by Alderman Lowry. Roll call on Proposed Resolution No. 3-'17 showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman voting "Yea." Proposed Resolution No. 3-'17 passed on 10 yeas and no nays. Proposed Resolution No. 3-'17 now becomes RESOLUTION NO Proposed Resolution No. 4-'17, a Resolution authorizing the Mayor on behalf of the City of Fairview Heights to enter into an agreement with the St. Clair County Intergovernmental Grants Department for receipt of Community Development Block Grant Funds for sidewalk improvement with installation of Pedestrian Crosswalk Signal (ADA) at interaction of Third Avenue and St. Clair Avenue. Motion made by Alderman Baricevic. Seconded by Alderman Wagner. Roll call on Proposed Resolution No. 4-'17 showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman voting "Yea." Proposed Resolution No. 4-'17 passed on 10 yeas and no nays. Proposed Resolution No. 4-'17 now becomes RESOLUTION NO Proposed Resolution No. 5-'17, a Resolution authorizing the Mayor on behalf of the City to enter into an amendment to the original contract agreement for Professional Engineering Services with Horner & Shifrin, Inc., approved by the City July 20, 2016, for the design of sidewalk replacement, Phases 2 and 3, on Lincoln Trail. Motion made by Alderman Baricevic. Seconded by Alderman Zimmerman. Roll call on Proposed Resolution No. 5-'17 showed Aldermen Peck, Lowry, Gough, Williams, Poletti, Menn, Baricevic, Baeske, Wagner and Zimmerman voting "Yea." Proposed Resolution No. 5-'17 passed on 10 yeas and no nays. Proposed Resolution No. 5-'17 now becomes RESOLUTION NO

5 Alderman Gough moved to adjourn. Seconded by Alderman Lowry. Motion carried. Meeting adjourned at 7:16 P.M. KAREN J. KAUFHOLD CITY CLERK 4

6 Men10 To: From: CC: Date: Re: Mayor & City Council Gina Rader - Finance Director City Clerk & Directors February 2, 2017 Finance Report- February 7, 2017 City Council Meeting Budget Review We are in the process of preparing the FY budget. Budget review will take place at the March 15, 2017 Administration Meeting. Meetings with department heads will be taking place over the next two weeks.

7 PROPOSED ORDINANCE NO. 7-'17 AN ORDINANCE AUTHORIZING AN AMENDMENT OF A REDEVELOPMENT AGREEMENT WITH FAIRVIEW HEIGHTS 881 FEE, LLC. WHEREAS, Fairview Heights 881 Fee, LLC, is an Illinois limited Liability company (the "Developer). WHEREAS, the City of Fairview Heights, Illinois, is a duly organized and incorporated Home Rule municipality, unit of local government of the State of Illinois, operating under and pursuant to Section 6 of Article VII of the 1970 Constitution of Illinois, as supplemented by the Illinois Municipal Code, as amended ("City"), and desires to provide economic incentives to the Developer for redevelopment of a Retail enter at 6525 North Illinois St. within the municipal boundaries of the City. WHEREAS, the City Council has heretofore adopted Ordinance No on June 7, 2013 approving a Redevelopment Agreement with Fairview Heights 881 Fee, LLC, for improvements to Fairview City Centre. WHEREAS, the City is desirous of inducing the Developer to undertake a similar Redevelopment Project to fill a currently vacant space (former Sports Authority) at Fairview City Centre. WHEREAS, the City reasonably expects that completion of this Redevelopment Project will generate additional tax revenues. WHEREAS, the City Council has heretofore adopted Resolution No , approving a non-binding Letter of Intent attached as Exhibit B thereto, from which both the City and the Developer understood that a redevelopment agreement would be drafted, negotiated and finalized; and WHEREAS, the City is negotiating an amendment to the Redevelopment Agreement (the "Redevelopment Agreement") with the Developer whereby the City would agree to provide funding for this Redevelopment Project (filling the former Sports Authority space) from Municipal Sales Tax Revenues. WHEREAS, the City Council hereby determines that the Redevelopment Project (fill Sports Authority space) is in the best interests of the City and the welfare of its residents, and will serve the needs of the community, create jobs, further the development of adjacent areas, and strengthen the commercial sector of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRVIEW HEIGHTS, ILLINOIS, AS FOLLOWS:

8 SECTION 7. ADOPTION. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. READ FIRST TIME: READ SECOND TIME: PASSED: APPROVED: ATIEST: MARKT. KUPSKY - MAYOR CITY OF FAIRVIEW HEIGHTS KAREN J. KAUFHOLD - CITY CLERK

9 FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT ("First Amendment") is made and entered into as of February_, 2017, by and between the CITY OF FAIRVIEW HEIGHTS, ILLINOIS, an incorporated municipality of the State of Illinois (the "City") and FAIRVIEW HEIGHTS 881 FEE, LLC, an Illinois member managed limited liability company (the "Developer"). RECITALS: WHEREAS, on June 7, 2013, the City and the Developer entered into a certain Redevelopment Agreement outlining the respective responsibilities of the parties in connection with the Development Project described therein ("Agreement"). WHEREAS, the parties desire to amend certain terms and provisions of the Agreement, pursuant to Section 7.10 of the Agreement, in an effort to secure a New Tenant to occupy the Retail D space formerly occupied by Sports Authority in the Development Project Area in accordance with the provisions of a certain Letter of Intent-Amendment to the Redevelopment Agreement for Fairview City Centre dated December 5, 2016 issued by the City to Developer ("Letter of Intent"). WHEREAS, as contemplated by the Letter of Intent, Developer entered into a new lease with Dick's Sporting Goods, Inc. ("Dick's") to be the New Tenant to occupy the Retail D space formerly occupied by Sports Authority ("Dick's Premises") with an initial term often (10) years and four (4) five-year options to extend the term beyond the initial term and requiring Dick's to open for business in the Dick's Premises for at least one (1) day on or before August 15, WHEREAS, pursuant to provisions of the Constitution of the State of Illinois, the Economic Incentive Act, and applicable law, the City is authorized to enter into this First Amendment and to modify the rebate or share of the Municipal Sales Tax Revenues to the Developer as a means of assisting in the continued financing of the Development Project. NOW, THEREFORE, in consideration of the premises and the covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. All of the foregoing Recitals are accurate and are a part of and incorporated by reference into this First Amendment. 2. Definitions. Unless otherwise defined herein, all capitalized terms used in this First Amendment have the same meaning as defined in the Agreement. The parties acknowledge and agree that Dick's qualifies as a New Tenant under the definitions of the Agreement. Section 1.1 Definitions of the Agreement is amended by adding the following new Definitions: "Dick's Rebate" means One Million Six Hundred Thousand Dollars ($1,600,000.00). "Dick's Minimum Required Investment Amount" means Three Million One Hundred Thousand Dollars ($3, 100,000.00) in additional Eligible Project Costs.

10 Section 1.1 Definitions of the Agreement is amended by modifying the following existing Definitions: "Maximum Rebate" means Six Million Seven Hundred Thousand Dollars ($6,700,000.00) which is the former Maximum Rebate plus the Dick's Rebate. "Required Investment Amount" means Thirty Five Million Five Hundred Thousand Dollars ($35,500,000) which is the former Required Investment Amount (Thirty Two Million Four Hundred Thousand Dollars ($32,400,000)) plus the Dick's Minimum Required Investment Amount (Three Million One Hundred Thousand Dollars ($3,100,000.00)). "Termination Date" means December 31, Table 1. Table 1 under Section 4.1 of the Agreement is hereby deleted in its entirety and the following new Table 1 is substituted in lieu thereof: Initial Full Available Period Rebate Rebate Rebate January 1, December 31, % 12.5% 12.5% January 1, December 31, 18.75% 37.5% 37.5% 2016 January 1, December 31, 18.75% 20.0% 20.0% 2017 January 1, December 31, % 25.0% 25.0% January 1, December 31, NIA NIA 25.0% 2038 Table 1. Initial Rebate, Full Rebate, and Available Rebate are expressed in Table 1 as percentages of a whole, that whole being equal to the Municipal Sales Tax Revenues. 4. Additional Developer Commitment. Section 2.1 of the Agreement is hereby supplemented by adding the following new sections: (a) Developer has contracted for and commenced the requisite architectural and/or engineering services necessary to design and develop Construction Plans for the construction of Dick's interior and exterior renovations (the foregoing service, design, development and construction ofrenovations is referred to herein collectively as the "Dick's Work"). The Dick's Work will constitute Work and Eligible Project Costs as defined and used under the terms of the Agreement and estimated to cost an amount not less than the Dick's Minimum Required Investment Amount. 2

11 (b) Upon completion of the Construction Plans generated in accordance with Section 6(a) above and the approval of the Construction Plans by Dick's, Developer shall apply to the City for the necessary building permit for the Dick's Work ("Dick's Permit"). (c) Upon receipt of the Dick's Permit, Developer shall commence and exercise commercially reasonable efforts to complete the Dick's Work as early as August 1, 2017, but not later than December 31, 2017 subject to Section 7.5 of the Agreement. (d) Developer shall install, at its cost, a sidewalk (as depicted on Exhibit A attached hereto), not later than August 1, The sidewalk shall be five (5) feet wide and shall comply with all standards issued by the Illinois Department of Transportation. (e) Developer shall make a charitable donation to the City in the amount of Twenty- Five Thousand Dollars ($25,000.00) for the City's proposed "Recreation Center" project on or before December 31, Certificate of Investment and Adjusted rebate. Section 4.3 of the Agreement is hereby deleted in its entirety and the following new Section 4.3 is substituted in lieu thereof: 4.3 Certificate of Investment and Adjusted Rebate. From time to time but no later than ninety (90) days after December 31, 2017, Developer shall provide proof of Developer's aggregate investment in the Development Project in accordance with Section 3.3 of this Agreement ("Investment Submittal"), and the City shall review such Investment Submittal and any underlying detail reasonably requested by the City, approve or disapprove of the information supplied by Developer within thirty (30) days of the submittal thereof. If the City disapproves of all or any portion of the Investment Submittal, it shall state in writing the reasons therefor and provide the Developer a reasonable opportunity to clarify or correct the Investment Submittal or identify and substitute other investments with a supplemental Investment Submittal. Upon approval of the Submittal Investment the City shall issue a certificate of investment of costs set forth in Section 3.3. l (a "Certificate oflnvestment") confirming the amount of the investment in the Development Project by the Developer, which certificate shall be binding upon the parties, absent manifest error. If the City fails to approve or disapprove of the Investment Submittal within thirty (30) days of the submittal thereof, the Developer shall provide written notice of such failure to the City and shall establish a date within 10 days thereafter, during normal City business hours, for a meeting with the Authorized City Representative at the City administrative offices at which time the City shall be required to explain its lack of performance under this Agreement if the foregoing approval or disapproval has not previously been furnished at that time. In the event that Developer fails to invest the Required Investment Amount in costs set forth in Section in the Development Project prior to December 31, 2017, the Maximum Rebate shall be reduced to an amount equal to the product obtained by multiplying the Maximum Rebate by a fraction, the numerator of which is the total amount of Eligible Project Costs that is invested by the Developer in the Development Project as set forth in the Certificate of Investment, and the denominator of which is the Required Investment Amount (the result, the "Adjusted Rebate"). For example, if the Certificate of Investment confirmed an investment of $34,000,000 then the Adjusted Rebate would be $6,416, = ($6,700,000 x (34,000,000 I 35,500,000)). It is acknowledged that amounts expended after December 31, 2017 by Developer shall not be included in any Certificate of Investment and shall not change the Adjusted Rebate 3

12 except such amounts as may be expended during a period of force majeure pursuant to Section Buy-Out Option. Section 7.2 of the Agreement is hereby deleted in its entirety and the following new Section 7.2 is substituted in lieu thereof: 7.2. Buy-Out Option. Subject to Section 7.3 below, the City shall have an option, in its sole discretion to purchase the remaining Rebate from the Developer at any point prior to December 31, 2019 for the Buy-Out Price, as hereinafter described. The City may provide written notice to the Developer of its intention to exercise the Buy-Out Option ("Buy-Out Notice") at any time on or prior to December 31, The Buy-Out Price shall be equal to the unpaid Maximum Rebate or, if the Buy-Out Notice is delivered after December 31, 2017, the unpaid Adjusted Rebate, if applicable, in either case discounted to net present value, using a seven percent (7%) discount rate and a stream of equal payments on each payment date set forth in Section 5.2 of Municipal Sales Tax Revenues to the Developer, each in an amount equal to the quotient obtained by dividing (i) the unpaid Maximum Rebate or unpaid Adjusted Rebate, as the case may be, as of the date of the Buy-Out Notice by (ii) the number of semi-annual payments to be made with respect to the Collection Period as described in Section 5.2 occurring after the date of the Buy-Out Notice. For example, ifthe Buy Out Notice was given on December 31, 2019, the Certificate oflnvestment confirmed that the Required Investment Amount had been invested so that the Maximum Rebate remained in effect and $500,000 in Rebate had been paid up to that date, then the unpaid Maximum Rebate would be $6, 700,000 - $500,000 = $6,200,000. As of December 31, 2019, there would be 39 semi-annual payments remaining with respect to the Collection Period (19 years x 2 payments each year on May 1 and November 1, plus the final payment May 1, 2039 which could possibly contain Rebate for periods prior to December 31, 2038). The assumed equal semi-annual payments would be $6,200, = $158, The discount factor based on a 7% discount rate for the stream of 39 semi-annual payments with the net present value date being December 31, 2019, 5 months prior to the date of the first payment, would be resulting on a Buy Out Price of x $158, = $3,354, The City shall pay an amount equal to the Buy-Out Price to the Developer, in readily available funds, within sixty (60) days of the Buy-Out Notice. The City's obligations under this Agreement shall continue until payment in full of the Buy-Out Price. Upon payment in full of the Buy-Out Price to the Developer, this Agreement, and the City's and the Developer's obligations hereunder, shall terminate subject to the survival of provisions pursuant to Section In no event shall the Buy-Out Price exceed the difference between the Maximum Rebate or the Adjusted Rebate, as applicable, and the amount paid to the Developer pursuant to Article IV and Section 5.2 of this Agreement prior to the Buy-Out Notice. 7. First Amendment Legal Expenses. Developer shall reimburse the City up to an amount not to exceed Five Thousand Dollars ($5,000.00) for those certain legal fees incurred by the City to Becker, Hoerner, Thompson & Ysursa, P.C. in connection with representation of the City in connection with the subject matter of this First Amendment including the negotiation of this First Amendment and the Letter of Intent upon which this First Amendment is predicated at rates not to exceed $250 per hour for attorneys. 4

13 8. Streetscape Contribution. Section of the Agreement is hereby amended by changing both of the "2014" references contained therein to "2017" and the "2015" reference contained therein to "2018." 9. Easements. Developer shall provide temporary construction easements and permanent easements for the sidewalk (and maintenance thereof by the City) for the proposed Streetscape Project along Marketplace Boulevard at no cost to the City. The legal description for the temporary construction easements is set forth on Exhibit B attached hereto; and the legal description for the permanent easements is set forth on Exhibit C attached hereto. 10. Compliance with State and Local Laws. Section of the Agreement is hereby deleted in its entirety and the following new Section is substituted in lieu thereof: Compliance with State and Local Laws. The Developer's performance pursuant to the Agreement shall be in compliance with all existing applicable federal, state, county and local laws and ordinances, including but not limited to the Municipal Code and City Code, and those laws which establish the applicable prevailing wage to be paid by the Developer (or Developer's general contractor) to worker's on the Project. Developer, like the City, acknowledges the value of trade unions in construction projects, as demonstrated by the passage of Resolution No ; and Developer agrees that 100% of Developer's labor, or labor hired by its general contractor, will be provided by contractors using labor provided by participating member trade unions affiliated with the Southwestern Illinois Building and Trade Council. The Construction Plans, construction practices and procedures with respect to the Work, and construction contracts shall be in compliance with all applicable state and local laws, including but not limited to the Municipal Code, the City Code, any performance, labor and material payment bonds required for any public works projects, and the applicable prevailing wage requirements. All contracts and subcontracts under this Agreement relating to the completion of the Public Improvements Project shall comply with the Prevailing Wage Act, 802 ILCS 130/0.01 et seq. Under the Prevailing Wage Act, the Developer shall require that contractors and sub-contractors submit on a monthly basis, a certified payroll to the City. These records shall be kept by the City for three years and are subject to review through the Freedom of Information Act, 5 USCA 552 (FOIA), provided that for the purpose of public review, such records would not include an employee's address, phone number or social security number. 11. Rooftop Screening. Developer shall complete the screening of rooftop air conditioner units above the premises occupied by Petco by March 31, 2017 as authorized by Building Permit Notices. Section 7.6 of the Agreement is hereby amended by deleting: Hinshaw & Culbertson LLP 521 West Main Street, Suite 300 Belleville, Illinois Attention: Dawn Sallerson and substituting in lieu thereof: 5

14 Becker, Hoerner, Thompson & Ysursa, P.C West Main St. Belleville, Illinois Attention: Kevin T. Hoerner 13. Dick's Work Contingency. If Developer does not perform the Dick's Work in accordance with this First Amendment, then Sections 2, 3, 4, 5 and 6 of this First Amendment shall be null and void and of no force or effect and the Agreement shall remain in full force and effect as modified by Sections 7, 8, 9, 10, 11 and 12 of this First Amendment. 14. Preservation of Agreement. The Agreement is in full force and effect, the parties have fully performed their respective obligations under the Agreement, and neither party is in default under the Agreement and no event has occurred which, with the giving of notice or passage of time, or both, would constitute such a default. Except as specifically amended by this First Amendment, all of the terms and conditions of the Agreement remain in full force and effect unmodified hereby. 15. First Amendment Controls. In the event of any inconsistency between the provisions of the Agreement and the provisions of this First Amendment, the provisions of this First Amendment shall supersede and control. 16. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. [END OF TEXT OF FIRST AMENDMENT. SIGNATURES AND EXHIBITS FOLLOW THIS PAGE.] 6

15 IN WITNESS WHEREOF, the City and the Developer have caused this First Amendment to be executed in their respective names and the City has caused its seal to be affixed thereto, and attested as to the date first above written. (SEAL) Attest: CITY OF FAIRVIEW HEIGHTS, ILLINOIS By: By: City Clerk FAIRVIEW HEIGHTS 881 FEE, LLC, an Illinois member managed limited liability company By: KRCX ILLINOIS REAL TY, LLC, Sole Member STA TE OF ILLINOIS ) ) SS. COUNTY OF ST. CLAIR ) On this day of, before me appeared to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Fairview Heights, Illinois, an incorporated municipality of the State of Illinois, and that the seal affixed to the foregoing instrument is the seal of said City, and said instrument was signed and sealed in behalf of said City by authority of its Corporate Authorities, and said acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. (SEAL) Notary Public My Commission Expires: 7

16 STATE OF COUNTY OF ) ) SS. ) On this day of, before me appeared ~ to me personally known, who, being by me duly sworn, did say that he is the of KRCX ILLINOIS REALTY, LLC, Sole Member of Fairview Heights 881 Fee, LLC, an Illinois member managed limited liability company, and that he is authorized to sign the instrument on behalf of said company, and acknowledged to me that he executed the within instrument as said limited liability company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. (SEAL) My Commission Expires: Notary Public 8

17 EXHIBIT A l 1 _ I !~I l l' 1~~11 1 ~ i ~ ' I u ~ r 6:±: ~ I i ~ I - -! - J - --t l :, -. c::::7 ~ - - l ! l North Illinois Street, ----:. -:.-~ : ::.=--~ ).=::= = =-= =- - B#J Proposed 5' wide sidewalk

18 EXHIBIT B Legal Description for Temporary Construction Easement #1 south of Market Place (Petco site) from Fairview Heights 881 Fee, LLC - C/O Kimco Realty Corp. Parcel Address: 6595 North Illinois Street, Fairview Heights, IL Parcel ID No.: Part of Lot 1 in the "Minor Subdivision of Fairview Heights Market Place Addition", a subdivision of part of Lots 5 and 9 in the Southwest Quarter of the Northeast Quarter of Section 28 and in U.S. Survey 768, Claim 1990, Township 2 North, Range 8 West of the Third Principal Meridian, St. Clair County, Illinois; reference being had to the plat thereof recorded in the Recorder's Office of St. Clair County, Illinois in Document No. A , described as follows: Commencing at a set cut "X" in concrete being the Northwest corner of Lot 2 of said "Minor Subdivision of Fairview Heights Market Place Addition," the same being on the South right-of-way line of Market Place, 60 feet wide; thence along said South right-of-way line of Market Place, feet along the arc of a curve to the left, having a radius of feet, though a central angle of 003 degrees 22 minutes 30 seconds, with a chord bearing of South 66 degrees 45 minutes 41 seconds West, a distance of feet to a set cut "X" in concrete marking a point of reverse curvature; thence feet along the arc of a curve to the right, having a radius of feet, through a central angle of 024 degrees 27 minutes 26 seconds, with a chord bearing of South 77 degrees 18 minutes 09 seconds West, a distance of feet to a set 1/2" iron rod marking a point of tangency; thence South 89 degrees 31 minutes 52 seconds West, a distance of feet; thence leaving said South right-of-way line of Market Place, 60 feet wide, South 00 degrees 28 minutes 08 seconds East, a distance of 4.00 feet to the Point of Beginning of the herein described tract; thence along a line being parallel to and four feet South of said South rightof-way line of Market Place, North 89 degrees 31 minutes 52 seconds East, a distance of feet; thence South 00 degrees 28 minutes 08 seconds East, a distance of feet; thence South 89 degrees 31 minutes 52 seconds West, a distance of feet; thence North 00 degrees 28 minutes 08 seconds West, a distance of feet; thence South 89 degrees 31 minutes 52 seconds West, a distance of feet; thence North 00 degrees 28 minutes 08 seconds West, a distance of feet to the Point of Beginning. Containing 2,265 square feet according to a survey by Grimes Consulting, Inc. It is the intent of this temporary easement dedication that said temporary easement terminate at the face of any building. Page 1of2

19 EXHIBIT B Legal Description for Temporary Construction Easement #2 south of Market Place (Petco & Taco Bell sites) from Fairview Heights 881 Fee, LLC - C/O Kimco Realty Corp. Parcel Address: 6595 & 6599 North Illinois Street, Fairview Heights, IL Parcel ID No.: & Part of Lots 1 and 2 in the "Minor Subdivision of Fairview Heights Market Place Addition", a subdivision of part of Lots 5 and 9 in the Southwest Quarter of the Northeast Quarter of Section 28 and in U.S. Survey 768, Claim 1990, Township 2 North, Range 8 West of the Third Principal Meridian, St. Clair County, Illinois; reference being had to the plat thereof recorded in the Recorder's Office of St. Clair County, Illinois in Document No. A , described as follows: Commencing at a set cut "X" in concrete being the Northwest corner of said Lot 2 of "Minor Subdivision of Fairview Heights Market Place Addition," the same being on the South right-of-way line of Market Place, 60 feet wide; thence leaving said South right-of-way line of Market Place and along the West boundary line of said lot 2 of "Minor Subdivision of Fairview Heights Market Place Addition," South 00 degrees 37 minutes 07 Seconds East, a distance of feet; thence leaving said West boundary line of Lot 2, North 89 degrees 31 minutes 52 seconds East; a distance of feet to the Point of Beginning of the herein described tract; thence South 00 degrees 37 minutes 07 seconds East, a distance of feet; thence South 89 degrees 31 minutes 52 seconds West a distance of feet to said West boundary line of Lot 2; thence along said West boundary line of Lot 2, North 00 degrees 37 minutes 07 seconds West, a distance of feet; thence leaving said West boundary line of Lot 2, South 89 degrees 31minutes52 seconds West, a distance of feet; thence North 00 degrees 37 minutes 07 seconds West, a distance of 8.00 feet; thence North 89 degrees 31 minutes 52 seconds East, a distance of feet to the Point of Beginning. Containing 635 square feet according to a survey by Grimes Consulting, Inc. Page 2 of 2

20 EXHIBIT C Legal Description for Permanent Easement south of Market Place (Petco & Taco Bell sites) from t-an'll'lew Heights 881 Fee, UC- C/O Kimco Realty Corp. Parcel Address: 6595 & 6599 North Illinois Street, Fairview Heights, IL Parcel ID No.: & 03-28, Part of Lots 1 and 2 in the "Minor Subdivision of Fairview Heights Market Place Additlon 11 1 a Subdivision of Part of Lots 5 and 9 in the Southwest Quarter of the Northeast Quarter of Section 28 and In u.s. Survey 768, Claim 1990, Township 2 North, Range 8 West of the Third Prlncipal Meridian, St. Clair County, Illinois; reference being had to the plat thereof recorded in the Recorder's Office of St. Clair County, Illinois In Document No. A , described as follows: Beginning at the northeast corner of said Lot 1; thence northeasterly 6.69 feet on the northwest line of said Lot 2, being a curve to the right, having a radius of feet, the chord of said curve bears on an assumed bearing of North 68 degrees 52 minutes 54 seconds East, 6.69 feet to the north line of said Lot 2; thence Soutn 89 degrees 32 minutes 46 seconds East on said north line, feet; thence South 53 degrees 32 minutes 33 seconds West, 27.Sl feet; thence South OD degree 36 minutes 33 seconds East, parallel with and distant 15 feet from the west llne of said Lot 2, a distance of feet; thence South 89 degrees 32 minutes 17 seconds West, feet; thence North 00 degree 27 ml"utes 43 seconds West 4.00 feet to the north fine of said Lot l; thence North 89 degrees 32 minutes 17 seconds East on said north line, feet; thence northeasterly feet continuing on said north line, being a curve to the left, having s radius of 331.SG feet, the chord of said curve bears North 77 degrees 18 minutes 34 seconds East, feet; thence northeasterly feet continuing on said north line, being a curve to the right, having a radius of feet, the chord of said curve bears North 66 degrees 41minutes06 seconds East, feet to the Point of Beginning. Said parcel l;ontalns 4,237 square feet, or acre, more or less. Page 1of1

21 PROPOSED RESOLUTION NO. 6-'17 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH LT. MICHAEL HOGUET FOR THE SALE OF (1) DUTY BELT WITH BUCKLE, (1) SET OF HANDCUFFS WITH CASE AND (1) APPLE IPAD WHICH ARE NO LONGER NEEDED BY THE FAIRVIEW HEIGHTS POLICE DEPARTMENT. WHEREAS, the City of Fairview Heights Police Department no longer has use for certain department equipment. WHEREAS, Lt. Hoguet wishes to purchase certain items which were issued to him while employed by the Police Department for a total cost of TWO HUNDRED TWENTY TWO DOLLARS AND TWENTY NINE CENTS ($222.29): (1) (2) (3) Duty Belt with outer buckle Handcuffs with case Apple IPAD - Model A1416 $ Total: $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRVIEW HEIGHTS, ILLINOIS: That the Mayor be and is hereby authorized to sell (1) Duty Belt with buckle, (1) set of Handcuffs with case and (1) Apple IPAD, Model #A1416 to Lt. Michael Hoguet for a total purchase price of TWO HUNDRED TWENTY TWO DOLLARS AND TWENTY NINE CENTS ($222.29): This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED: APPROVED:

22 ATTEST: MARKT. KUPSKY - MAYOR CITY OF FAIRVIEW HEIGHTS KAREN J. KAUFHOLD - CITY CLERK

23 PROPOSED RESOLUTION NO. 7-'17 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE GULF SHORES POLICE DEPARTMENT FOR THE SALE OF ONE (1) PROTECTIVE POINT BLANK BALLISTIC VEST NO LONGER NEEDED BY THE FAIRVIEW HEIGHTS POLICE DEPARTMENT. WHEREAS, the City of Fairview Heights no longer has use for one (1) Protective Point Blank Ballistic Vest, Model #PF6PP2CSOM which are custom made for each Police Officer. WHEREAS, the Gulf Shores Police Department, 220 Clubhouse Drive, Gulf Shores, AL has agreed to purchase said vest for the sum of SEVEN HUNDRED TWENTY NINE DOLLARS AND NINETY CENTS ($729.90). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRVIEW HEIGHTS, ILLINOIS: That the Mayor be and is hereby authorized to sell one (1) Protective Point Blank Ballistic Vest Model #PF6PP2CSOM to the Gulf Shores Police Department, 220 Clubhouse Drive, Gulf Shores, AL for the sum of SEVEN HUNDRED TWENTY NINE DOLLARS AND NINETY CENTS ($729.90). This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED: APPROVED: ATIEST: MARKT. KUPSKY - MAYOR CITY OF FAIRVIEW HEIGHTS KAREN J. KAUFHOLD - CITY CLERK