HomeMy WebLinkAboutRESOLUTION - 05-26 - 1/27/2026 - PRE-ANNEXATION AGREEMENT IL-720 ROHLING ROAD, LLC AND NEXSTAR AND THE VILLAGE OF ELK GROVE VILLAGERESOLUTION NO. 5-26
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN AMENDMENT TO THE PRE -ANNEXATION AGREEMENT BETWEEN IL-720
ROHLING ROAD, LLC AND NEXSTAR AND THE VILLAGE OF ELK GROVE VILLAGE
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached document marked:
AMENDMENT TO THE PRE -ANNEXATION AGREEMENT
BETWEEN IL-720 ROHLWING ROAD, LLC AND NEXSTAR AND
THE VILLAGE OF ELK GROVE VILLAGE
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is
authorized to attest said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage and
approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 2711 day of January 2026
APPROVED this 27' day of Jan
APPROVED:
Mayor Craig B. J❑ son
Village of igt� r e Village
ATTEST:
en f S, Mahon, Village Clerk
AMENDMENT TO THE PRE -ANNEXATION AGREEMENT BETWEEN IL-720
ROHLWING ROAD, LLC AND NEXSTAR AND THE VILLAGE OF ELK GROVE
VILLAGE
This Amendment to the Pre -Annexation Agreement ("First Amendment") is made
effective as of _, 2026, by and between the Village of Elk Grove Village, an
Illinois home rule municipal corporation, Cook and DuPage Counties, Illinois, (the "Village"), and
IL-720 Rohlwing Road, LLC, a Delaware limited liability company, and its related entity,
NEXSTAR, a Delaware corporation (collectively, the "Owner," and together with the Village, the
"Parties").
WITNESSETH:
WHEREAS, on July 18, 2023, the Owner and the Village executed and entered into that
certain Pre -Annexation Agreement (the "Agreement"), and
WHEREAS, under the Agreement, the Owner committed to establish a data center campus
on the Property and to commence timely construction of improvements as set forth in the
Agreement; and
WHEREAS, due to market conditions and the time required to secure a user and
development partner for the Property, the Owner has been unable to commence construction within
the period originally contemplated by the Agreement; and
WHEREAS, the Owner and the Village recognize that additional time is necessary and
desirable to allow the Owner to advance the project, and accordingly the Parties wish to extend the
deadline for commencement of construction of improvements until September 30, 2027;
NOW, THEREFORE, in consideration of the mutual promises set forth herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Conflict of Terms. In the event of any conflict between the terms of the Agreement and
the terms contained in this First Amendment, the terms contained in this First Amendment
shall govern and control.
2. Defined Terms. Unless otherwise expressly provided herein, all capitalized terms used
herein shall have the same meanings ascribed to them in the Agreement.
3. Counterparts. This First Amendment may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument. Execution and delivery of this First Amendment by facsimile, PDF, or
other electronic transmission shall be deemed valid and effective for all purposes.
4. Amendment to Section 23(a) of the Agreement. Section 23(a) of the Agreement is
amended in its entirety to read as follows:
a. Construction Commencement. Construction of improvements shall commence
no later than September 30, 2027. This extension modifies and supersedes the prior
requirement that construction commence within twenty-four (24) months of the
approval of the Petitions for Annexation, Zoning, Special Use for a Planned
Development, and Subdivision. The Village may, in its sole discretion, approve
further extensions of this requirement.
[Signature Page to Follow]
IN WITNESS WHEREOF, the Owner and the Village have executed this First
Amendment effective as of the date first above written.
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