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2015-12-07 - Ordinance 2015-071 - APPROVING A FIRST AMENDED AND RESTATED ECONOMIC AGREEMENT WITH LAB DEVELOPMENT LLC DBA CONNEXION 11.30.15 CS Ordinance No. 2015- 71 An Ordinance Approving a First Amended and Restated Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, LAB Development, LLC d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services ("Connexion") currently conducts its business at the property commonly known as 1700 Leider Lane, Buffalo Grove, Illinois; and WHEREAS, Connexion desires to expand its business in the Village of Buffalo Grove, at 1700 Leider Lane in Buffalo Grove, Illinois, to operate its distribution of electrical equipment and supply; and WHEREAS, The Village and Connexion entered into an "Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC," dated March 21, 2011 (the "Original Agreement"), which Original Agreement set forth the terms of the rebate of the sales tax revenues; and WHEREAS, Subsequent to execution of the Original Agreement, the Village and Connexion agree to modify the structure and terms of the Original Agreement and enter into a First Amended and Restated Economic Incentive Agreement (the "Agreement"), in consideration of their expansion of operations into additional space at 1700 Leider Lane in Buffalo Grove, Illinois. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, 1 ILLINOIS: Section 1. The foregoing Whereas clauses are hereby incorporated herein. Section 2. The Village President and Village Clerk are hereby authorized to execute the First Amended and Restated Economic Incentive Agreement between the Village of Buffalo Grove and LAB Development, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services), a copy of which is attached hereto as Exhibit"A". Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. This Ordinance shall not be codified. AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None ABSENT: 0 - None PASSED: December 7, 2015. APPROVED: December 7, 2015. PUBLISHED: December 8, 2015. ATTEST: APPROVED: L Suss� - Janet M. Sirabian, Village Clerk Beverly Suss M an Village President EXHIBIT A First Amended and Restated Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LL . (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services) Revised 12.3.15 FIRST AMENDED AND RESTATED ECONOMIC INCENTIVE AGREEMENT BY AND BETWEEN THE VILLAGE OF BUFFALO GROVE AND LAB DEVELOPMENT, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services) This First Amended and Restated Economic Incentive Agreement (the "Agreement") is made and entered into as of the 7th day of December, 2015, by and between the Village of Buffalo Grove , an Illinois home rule municipal corporation (hereinafter defined as the "Village") and LAB Development, LLC, a Illinois limited liability company, d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services (hereinafter defined as "Connexion"). In consideration of the recitals and mutual covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. RECITALS. A. Connexion operates it business under the assumed names of "Connexion Energy Services" and "Connexion, Distributor of Electrical Equipment and Supplies". B. Connexion currently conducts its business at the property commonly known as 1700 Leider Lane, Buffalo Grove, Illinois. C. Connexion desires to expand its business in the Village of Buffalo Grove, at 1700 Leider Lane in Buffalo Grove, hereinafter referred to as the "Premises", to operate its distribution of electrical equipment and supply. D. The single order acceptance point for Connexion's Business is conducted from the Premises. E. In order to encourage Connexion to maintain its business operation in the Village, and to assist with their expansion plans in the Village, the Village agrees, pursuant to the terms of this Agreement, to share sales tax received by the Village using a formula which corresponds to new sales tax revenue generated by the Business over a finite period of time. F. As of the date of this Agreement, the total sales tax rate within Lake County, Illinois applicable on the sale of certain tangible personal property is eight percent (8%); the State of Illinois portion which is six and one-quarter percent (6.25%), Village's Home Rule portion of which is one percent (1%) and the Regional Transportation Authority portion which is three-quarters of one percent (0.75%). G. The Village has the power and authority to enter into this Agreement pursuant to, but without limitation, the home rule powers of the Village under Section 6, Article V11 of the 1970 Constitution of the State of Illinois. H. The management and control of the conduct of the operation of Connexion and its business is vested in its Class A Members who are David Rosenstein and Steve Abrams. I. The Village and Connexion entered into an "Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC," dated March 21, 2011 (the "Original Agreement"), which Original Agreement set forth the terms of the rebate of the sales tax revenues. J. Subsequent to execution of the Original Agreement, the Village and Connexion agreed to modify the structure and terms of the Original Agreement in consideration of their expansion of operations into additional space at the Premises. K, The Village and Connexion determined to enter into this First Amended and Restated Economic Incentive Agreement, which Agreement is intended to incorporate the terms of the Original Agreement, except to the extent the terms of the Original Agreement have been revised to reflect the new structure and terms of the sales tax rebate, and this Agreement supersedes the terms of the Original Agreement. SECTION 2. RULES OF CONSTRUCTION AND DEFINITIONS. A. The language in this Agreement shall be interpreted in accordance with the following rules of construction: (a) The word "may" is permissive and the word "shall" is mandatory; and (b) except where the context reveals the contrary: The singular includes the plural and 'the plural includes the singular, and the masculine gender includes the feminine and neutral. B. Whenever used in the upper case in this Agreement, the following words shall have the following meanings: 1. Agreement. This First Amended and Restated Economic Incentive Agreement. 2. Audit. Undertaken at the sole cost and expense of the Village, a review of the books and records of the Business by the Financial Consultant for the purpose of making a determination of the amount of Municipal Sales Tax the Village should have received under the terms of this Agreement and for the purpose of verifying Connexion's compliance with the terms of this Agreement. 3. 'Business. All of the sales operations of Connexion that occur on the Premises, including but not limited to, the distribution and sales of electrical equipment and supplies. 4. Commencement Date. The Commencement Date shall be January 1, 2016. 5. Effective Date. The Effective Date of this Agreement shall be the date upon which Connexion has entered into a minimum seven (7) year lease with the Property Owner for the operation of the Business on the Premises, but no later than April 30, 2016. 2 6. Financial Consultant. The person, firm or corporation and agents thereof authorized by the Village to conduct an Audit, at the sole cost and expense of the Village, of the Business regarding all transactions occurring during any given Sales Tax Year following the date of this Agreement. 7. Gross Receipts. The term "Gross Receipts" shall have the same meaning as that which is ascribed to it in the Retailers' Occupation Tax Act. 8. Home Rule Sales Tax. The one percent (1%) sales tax imposed in the Village pursuant to Village's Home Rule Sales Tax Ordinance No. 2004-16 enacted in accordance with the Home Rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/8- 11-1) and the Home Rule Municipal Service Occupation Tax Act (65 ILCS 5/8-11-5). Pursuant to the Home Rule Municipal Retailers' Occupation Tax Act, said tax shall not be imposed upon an item of tangible personal property titled or registered with an agency of the State of Illinois. 9. Incremental Municipal Sales Tax. The additional Municipal Sales Tax generated by Connexion from the expansion in excess of the base Municipal Sales Tax to the Village of $162,207.00. 10. Municipal Sales Tax. That portion or component of the Village's Home Rule Sales Tax (1%) generated on the Premises that the Village receives from the State of Illinois, not including the Village's share of the Retailer's Occupation Tax. 11, 'Municipal Sales Tax Pavment. The payment to Connexion of a portion of the Municipal Sales Tax that the Village is required to make pursuant to Section 4 of this Agreement. 12. Payment Date. Within ninety (90) days after the end of each Sales Tax Year. 13. Premises. A suite within the structure located at the commonly known address of 1700 Leider Lane, Lake County, Buffalo Grove, Illinois. The combined leasable area for Connexion on the Premises shall be a minimum of seventy-five thousand (75,000) square feet during the terms of this agreement. 14. Retailer's Occupation Tax Act. The Illinois Retailers' Occupation Tax Act, 35 ILCS 120/1 et seq., as the same has been, and may, from time to time hereafter be, amended. 15. Sales Tax(es). Any and all taxes imposed and collected by the State of Illinois pursuant to the Home Rule Sales Tax, the Retailer's Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, or the Use Tax Act. 16. Sales Tax Year. The period of time commencing on the Commencement Date of January 1, 2016 and ending on the date that is one year after the Commencement Date, and each of the six (6) succeeding one year periods thereafter, ending December 31, 2022. 3 17. Service Occupation Tax Act. The Illinois Service Occupation Tax Act, 35 ILCS 115/1 et seq., as the same has been, and may, from time to time hereafter be, amended. 18. Service Use Tax Act. The Illinois Service Use Tax Act, 35 ILCS 110/1 et seq., as the same has been, and may, from time to time hereafter be, amended. 19. Use Tax Act. The Illinois Use Tax Act, 35 ILCS 105/1 et seq., as the same has been, and may, from time to time hereafter be amended. 20. Village or Village of Buffalo Grove. The Village of Buffalo Grove, an Illinois municipal corporation and home rule unit as described in the Illinois Constitution. SECTION 3. CONNEXION'S OBLIGATIONS A. Lease Extension. Connexion shall extend their current lease for their existing space of sixty-one thousand four-hundred sixteen (61,416) square feet on the Premises for a term of not less than seven (7) years from the Commencement Date of this Agreement. B. Lease Expansion. Connexion shall enter into a lease for up to an additional sixty-three thousand one-hundred eighty-nine (63,189) square feet on the Premises for a term of not less than seven (7) years from the Commencement Date of this Agreement. The combined leasable area for Connexion on the Premises shall be a minimum of seventy-five thousand (75,000) square feet,during the term of this Agreement. C. Failure to Extend and Expand. In the event Connexion is unable to extend their current lease or not lease the additional space on the Premises by May 1, 2016, the Village shall have no obligation whatsoever to perform any of the Municipal Sales Tax Payments set forth in Section 4 of this Agreement. Upon a written request by Connexion, this provision may be extended by the Village Manager to July 1, 2016. SECTION 4. MUNICIPAL SALES TAX PAYMENT. A. The Village shall pay Connexion the Municipal Sales Tax Payment on or before the Payment Date an amount equal to the following formulas: 1. For the first Sales Tax Year (January 1, 2016 through December 31 2016), eighty percent (80%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. 2. For the second Sales Tax Year (January 1, 2017 through December 31 2017), seventy percent (70%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. 3. For the third Sales Tax Year (January 1, 2018 through December 31 2018), sixty percent (60%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. 4. For the fourth Sales Tax Year (January 1, 2019 through December 31 2019), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. 4 5. For the fifth Sales Tax Year (January 1, 2020 through December 31 2020), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. 6. For the sixth Sales Tax Year (January 1, 2021 through December 31 2021), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. 7. For the seventh Sales Tax Year (January 1, 2022 through December 31 2022), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of$162,207.00. B. The amount due pursuant to this Agreement shall not be a general obligation of the Village. The Village shall not have an obligation to pay any amounts to Connexion except an amount equal to the Village's Municipal Sales Tax share actually received from Illinois Department of Revenue on account of the Business and not exceeding the Sales Tax rates as set forth in this Agreement. C. The Village shall continue the Municipal Sales Tax Payments for seven (7) years through the term of this Agreement or for an incentive of two-million two-hundred fifty-thousand dollars ($2,250,000.00), whichever comes first. D. In the event that any Sales Tax returns that have been submitted to the Village are amended, Connexion shall promptly forward a photocopy of such amended sales tax returns to the Village, clearly identifying them as an amendment of a Sales Tax return previously submitted to the Village. E. Should Connexion relocate or cease its Business on the Premises within five (5) years of the Commencement Date of this Agreement, then Connexion shall reimburse to the Village 100% of the Municipal Sales Tax Payments received pursuant to this Agreement. Said reimbursement to the Village shall be made within ninety (90) days of relocation or cessation of the Business on the Premises. F. Should Connection relocate or cease operations after five (5) years of the Commencement Date of this Agreement then Connexion shall reimburse to the Village seven hundred fifty thousand dollars ($750,000.00). Said reimbursement to the Village shall be made within ninety (90) days of relocation or cessation of the Business on the Premises. G. Should Connection relocate or cease operations after six (6) years of the Commencement Date of this Agreement then Connexion shall reimburse to the Village three hundred seventy-five thousand dollars ($375,000.00). Said reimbursement to the Village shall be made within ninety (90) days of relocation or cessation of the Business on the Premises. H. In the event Connexion conducts less than thirty million dollars ($30,000,000.00) of taxable sales at the Premises in any Sales Tax Year identified in Section 4A, then Connexion shall not receive more than fifty percent (50%) of that year's Incremental Municipal Sales Tax. I. Connexion shall provide, upon request by the Village, certified copies of all expenses relating to and in conjunction with the expansion at 1700 Leider Lane in Buffalo Grove, Illinois prior to any Municipal Sales Tax Payment. J. Prior to the terms of the Agreement being satisfied, Connexion shall work with the Village on providing sufficient notice of its future intentions to either renew their lease at their current location or relocate to another facility. Connexion shall not be responsible for a penalty outlined in Sections 4. E., F., and G., should they relocate to another larger facility within the corporate limits of the Village of Buffalo Grove SECTION 5. LITIGATION AND DEFENSE OF AGREEMENT. A. Litigation. If, during the term of this Agreement, any lawsuits or proceedings are filed or initiated against either party before any court, commission, board, bureau, agency, unit of government or sub-unit thereof, arbitrator, or other instrumentality, that may materially affect or inhibit the ability of either party to perform its obligations under, or otherwise to comply with, this Agreement ("Litigation"), the party against which the Litigation is filed or initiated shall promptly deliver a copy of the complaint or charge related thereto to the other party and shall thereafter keep the other party fully informed concerning all aspects of the Litigation. B. Defense. The Village and Connexion each agree to use their respective best efforts to defend the validity of this Agreement, and all ordinances and resolutions adopted and agreements executed pursuant to this Agreement, including every portion thereof and every approval given, and every action taken, pursuant thereto. SECTION 6. REMEDIES. A. Remedies. In the event of a breach or an alleged breach of this Agreement by either party, either party may, by suit, action, mandamus, or any other proceeding, in law or in equity, including specific performance, enforce or compel the performance of this Agreement. Any claim or suit related to this Agreement shall be filed in the Circuit Court of Lake County. The prevailing party shall be entitled to recovery of its attorney's fees and costs. B. Notice and Cure. Neither party may exercise the right to bring any suit, action, mandamus or any other proceeding pursuant to Subsection A of this Section without first giving written notice to the other party of the breach or alleged breach and allowing 15 days to cure the breach or alleged breach; provided, however, that if the party accused of the breach or alleged breach cannot cure the condition within 15 days after the notice, notwithstanding the party's diligent and continuous effort, promptly commenced and diligently continued upon receipt of the notice, then the period to cure the violation or failure shall be extended for the time necessary to cure the violation with diligence and continuity, but in no event longer than 180 days unless extended in writing by the non-breaching party. SECTION 7. TERM. This Agreement shall be in full force and effect from and after the date of its execution until the date that is the earlier to occur of (a) the date that is seven (7) years after the Commencement Date (December 31, 2022) or (b) until a total of two-million two-hundred fifty- thousand dollars ($2,250,000.00), is paid to Connexion pursuant to this Agreement. 6 SECTION 8. RELEASE OF INFORMATION. A. Prior to any payments by the Village of any sums as provided for in this Agreement, Connexion shall cause to be delivered to the Village, on a quarterly basis, the Illinois Retailers' Occupation Tax, Use Tax and Service Occupation Tax returns and/or other documentation submitted by Connexion to the Illinois Department of Revenue, which detail the amount of Sales Tax that Connexion paid to Illinois Department of Revenue with respect to Connexion's Business. If necessary, Connexion shall provide the Village with a limited power of attorney, addressed to and in a form satisfactory to the Illinois Department of Revenue, authorizing the Illinois Department of Revenue to release to the Village all gross revenue and Sales Tax information submitted by Connexion to the Illinois Department of Revenue. Additionally, in the event that the Illinois Department of Revenue does not make available to the Village said documentation, Connexion shall provide alternative documentation that details the amount of Sales Taxes that Connexion paid to the Illinois Department of Revenue. SECTION 9. GENERAL PROVISIONS, A. Complete Agreement; Supersedence. This Agreement constitutes the complete agreement of the parties regarding the payment of Municipal Sales Tax to Connexion and shall supersede and nullify all prior drafts and agreements concerning the payment of Municipal Sales Tax to Connexion. B. Amendments. No amendment to, or modification of, this Agreement shall be effective unless and until it is in writing and is approved by the authorized representative of Connexion and by the Village of Buffalo Grove corporate authorities by Ordinance duly adopted, and executed and delivered by the authorized representatives of each party. C. Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing, and shall be deemed delivered to and received by the addressee thereof when delivered in person at the address set forth below, or three business days after deposit thereof in any main or branch United States Post Office, certified or registered mail, return receipt requested, postage prepaid, properly addressed to the parties, respectively, as follows: For notices and communications to the Village: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60089 Attention: Director of Finance with a copy to: William G. Raysa, Esq. Tressler LLP, 233 S Wacker Drive, 22nd Floor Chicago, IL. 60606 For notices and communications to Connexion: Mr. Steve Abrams LAB Development LLC 1700 Leider Lane Buffalo Grove, Illinois 60089 with a copy to: David Pogrund 7 Stone, Pogrund & Korey 1 East Wacker Drive, Suite 2610 Chicago, Illinois 60601 By notice complying with the foregoing requirements of this paragraph, each party shall have the right to change the address or addressee or both for all future notices and communications to such party, but no notice of change of address shall be effective until actually received. D. Indemnity. Connexion shall and hereby agrees to defend, hold harmless and indemnify the Village, its President, Trustees, officers, employees, agents and attorneys from and against any and all claims, demands, suits, damages, liabilities, losses, expenses, and judgments which may specifically arise out of the subject matter of this Agreement regarding sales tax refunds. The obligation of Connexion in this regard shall include but shall not be limited to all costs and expenses, including reasonable attorneys' fees, incurred by the Village in responding to, defending against, or settling any such claims, demands, suits, damages, liabilities, losses, expenses or judgments specifically and only arising from the subject matter referred to in this Agreement concerning sales tax refunds. Connexion covenants that it will reimburse the Village, or pay over to the Village, all sums of money the Village pays, or becomes liable to pay, by reason of any of the foregoing, and will make payment to the Village as soon as the Village becomes liable therefore. In any suit or proceeding brought hereunder, the Village shall have the right to appoint counsel of its own choosing to represent it. Notwithstanding the foregoing to the contrary, Connexion shall not be liable to defend, indemnify, release and/or hold harmless the Village as defined in Paragraph D above unless Connexion is in breach of this agreement and such breach has not been cured within 30 days of the date that the Village notifies Connexion. E. Governing Law. This Agreement and the rights of the parties hereunder shall be governed by, and construed, interpreted, and enforced in accordance with, the internal laws, and not the conflict of law rules of the State of Illinois. F. Interpretation. This Agreement has been negotiated by all parties and shall not be interpreted or construed against the party drafting the Agreement. G. Change in Laws. Unless otherwise explicitly provided in this Agreement, any reference to laws, ordinances, rules, or regulations of any kind shall include such laws, ordinances, rules, or regulations of any kind as they may be amended or modified from time to time hereafter. H. Headings. The headings of the sections, paragraphs, and other parts of this Agreement are for convenience and reference only and in no way define, extend, limit, or describe the meaning, scope, or intent of this Agreement, or the meaning, scope, or intent of any provision hereof. I. Time of Essence. Time is of the essence in the performance of all terms and provisions of this Agreement. J. Severability. It is the express intent of the parties hereto that should any provision, covenant, agreement, or portion of this Agreement or its application to any person, entity, or property be held void, invalid, or unenforceable by a court of competent jurisdiction, 3 such action shall not effect the remainder of this Agreement, which shall continue in full force and effect. K. No Third Party Beneficiaries. Nothing in this Agreement shall create, or be construed to create, any third party beneficiary rights in any person or entity not a signatory to this Agreement. L. Counterparts. This Agreement may be executed in any number of multiple identical counterparts and all of said counterparts shall, individually and taken together constitute the Agreement. M. Assignment. Connexion may not assign this Agreement or the amounts, in whole or part, to be paid hereunder without the Village's prior written consent. The Village acknowledges that this Agreement is an obligation which runs to Connexion and is not a covenant running with the land. Notwithstanding the foregoing, in the event that Connexion sells all of its assets, or the principals of Connexion sells all or substantially all of their stock, and following the sale, the operations of the Business remain substantially the same and in conformance with all obligations of the Agreement, this Agreement will remain in full force and affect and Village will grant its approval of the Assignment of the Agreement. The assignee is bound by all of the terms and conditions of the Agreement. O. Audit. Upon prior written notice to Connexion, and at a place and time that is mutually beneficial to both parties, the Village shall have the right to conduct an Audit of Connexion to inspect and review those books and records which are directly related to establishing Gross Receipts for any Sales Tax Year, Base Year, or any portion thereof. P. No Village Obligation. The parties acknowledge and agree that none of the terms, conditions or provisions of this Agreement shall be construed, deemed, or interpreted as (i) a restriction or prohibition on the Village from eliminating or amending it Home Rule Sales Tax, or (ii) a requirement to impose a sales or other tax for the purpose of providing a source of funds for the Municipal Sales Tax Payment. Q. Loss of Authority. In the event that the Village's authority to enter into this Agreement or to pay the Municipal Sales Tax Payment to Connexion pursuant to this Agreement are repealed, become unexercisable, null and void or otherwise become invalid then the Village's obligations hereunder shall cease and no further obligations shall be required of the Village. R. Certifications. Each party hereto certifies hereby that it is not barred from entering into this Agreement as a result of violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code (720 ILCS 5/33 —E-3, 5/33-E-4), that it has a written policy against sexual harassment in place in full compliance with 775 ILCS 5/2-105(A)(4), and it is in compliance with the Illinois Drug Free Workplace Act(30 ILCS 580/2). S. Prevailing Wage. Connexion shall comply with the Illinois Prevailing Wage Act (820 ILCS 130/0.01) during the term of this agreement. 9 IN ITS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. VILLAGE OF BUFFALO GROVE By: Village PresMent ATTEST: Villagetferk LAB DEVELOPMENT, L . By all its Class A Members By: David Rosenstein Its: Class A Member and Manner ATTEST: Its: ef�U By: Steve Abrams ATTEST: Its: Class A Member Its: 10 1 ACKNOWLEDGEMENT STATE OF ILLINOIS SS COUNTY OF LAKE This instrument was acknowledged before me on 2015 by Beverly Sussman, the Village President of the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation, and by Janet Sirabian, the Village Clerk of said municipal corporation. Julie Kamka Notary Public-State of Ili' LL My Commission xpi 041 M19 Signat-0--fof Notary SEAL: My Commission expires: /a 12 ACKNOWLEDGEMENT STATE OF ILLINOIS SS COUNTY OF LAKE b This instrument was acknowledged before me on 2015 y ill David Rosenstein and Steve Abrams, the Class A Members of LAB DEVELOPMENT, LLC., an Illinois limitHity rnrnla"Af ENZA SPROVIERO OFFICIAL SEAL Notary Public,State of Illinois ,, y M A YCO m M. s to n Expires'es 6 0 0 Sirnature o tart' My Commission Expires January I Z04� anuary 16,2020 __) SEAL: My Commission expires. �(,))L-C) 13