HomeMy WebLinkAboutEXECUTIVE SESSION - 12/13/2022 - LAND ACQUISITIONEXECUTIVE SESSION
December 13, 2022
6:11 p.m.
Chernick Conference Room
TOPIC: X LITIGATION ❑ PERSONNEL X LAND ACQUISITION
VILLAGE BOARD VILLAGE BOARD
MEMBERS PRESENT MEMBERS ABSENT
STAFF PRESENT
C. JOHNSON
M. ROAN
Mayor
Village Manager
P. FEICHTER
M. JABLONSKI
Village Trustee
Deputy Village Manager
J. FRANKE
C. GABIGA
Village Trustee
Assistant Village Manager
S. LISSNER
G. KNICKERBOCKER
Village Trustee
Village Attorney
T. MILLER
Village Trustee
C. PROCHNO
Village Trustee
S. SCHMIDT
Village Trustee
Pursuant to a duly made and approved motion and a majority vote at a regularly scheduled meeting
of the Mayor and Board of Trustees on December 13, 2022, this Executive Session was called to
consider review of Litigation/Land Acquisition.
Number of pages attached:
Date(s) of review for release
Date of approval for release:
Date approved by Village Board:
1
February 2025
January 10, 2023
December 13, 2022
6:11 pm
Prime Data Centers was supposed to close on the Vulcan property in September, but has
extended the closing date twice. Recently, Prime announced they are no longer closing on the
Vulcan property on Friday, December 16. Vulcan will sue the Village for performance if Prime
does not close on the property as scheduled. The Village Attorney advised that the Village is not
responsible for the purchase contract and closing on the Vulcan property is Prime's
responsibility. The Mayor informed the Board of a conversation he had with the President of
Prime about the closing. The consensus of the Board was that the Village will not grant any 6B
incentives if Prime does not acquire the Vulcan Property, as they will be in breach of contract
and also not be able to construct the facility they promised in the agreement without it. The
Village Attorney explained that Vulcan would demand Prime to perform the agreements stated in
the sale contract, which includes the closing on the Vulcan property. Vulcan has already acquired
property based on this agreement, and wants the sale to move forward. The Board discussed
whether the Village should consider purchasing the property. The consensus of the Board was
not to purchase the property and to let Prime deal with the situation they created.
The meeting was adjourned at 6:16 pm.
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