exhibit 10. 61 termination agreement this termination agreement made and entered into this llth day of january, 2006, by and between the city of elgin, an illinois municipal corporation ( hereinafter referred to as the “ city ” ) ; and john b. sanfilippo and son, inc., an illinois corporation, arthur / busse limited partnership, an illinois limited partnership, and 300 east touhy avenue limited partnership, an illinois limited partnership ( hereinafter collectively referred to as “ developer ” ). whereas, on may 26, 2004, the city and the developer entered into a development agreement ( hereinafter referred to as the “ subject development agreement ” ) ; and whereas, the subject development agreement related to property then owned by the state of illinois consisting of approximately 90 acres commonly known as 750 south state street, elgin, kane county, illinois, such property being legally described in exhibit a attached hereto ( hereinafter referred to as the “ subject property ” ) ; and whereas, pursuant to the subject development agreement the city has since acquired the subject property from the state of illinois with the purchase price being funded by the developer ; and whereas, pursuant to the subject development agreement the developer at its cost has provided for the environmental remediation of the subject property ; and exhibit 10. 61 termination agreement this termination agreement made and entered into this llth day of january, 2006, by and between the city of elgin, an illinois municipal corporation ( hereinafter referred to as the “ city ” ) ; and john b. sanfilippo and son, inc., an illinois corporation, arthur / busse limited partnership, an illinois limited partnership, and 300 east touhy avenue limited partnership, an illinois limited partnership ( hereinafter collectively referred to as “ developer ” ). whereas, on may 26, 2004, the city and the developer entered into a development agreement ( hereinafter referred to as the “ subject development agreement ” ) ; and whereas, the subject development agreement related to property then owned by the state of illinois consisting of approximately 90 acres commonly known as 750 south state street, elgin, kane county, illinois, such property being legally described in exhibit a attached hereto ( hereinafter referred to as the “ subject property ” ) ; and whereas, pursuant to the subject development agreement the city has since acquired the subject property from the state of illinois with the purchase price being funded by the developer ;