HomeMy WebLinkAboutRESOLUTION - 14-26 - 3/10/2026 - Vue LA, LLC Temporary Construction AgreementRESOLUTION NO. 14-26
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A TEMPORARY CONSTRUCTION LICENSE AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND THE VUE LA, LLC
5(3 S. ARLINGTON HEIGHTS ROAD AND Ill E. HIGGINS ROAD)
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 documents
marked:
TEMPORARY CONSTRUCTION LICENSE AGREEMENT
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 documents 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.
A
VOTE: AYES: 6 NAYS: 0 ABSENT:0
PASSED this lot' day of March 2026.
APPROVED this loth day of March 2026.
S, uL&N-
Mahon, Village Clerk
Craig . Johnson
nLEVAO'66-ve Village
TEMPORARY CONSTRUCTION LICENSE AGREEMENT
TBI�S, TEMPORARY CONSTRUCTION LICENSE AGREEMENT ("Agreement") is made
as of this �� day of Y&6K , 2026 ("Effective Date"), by and between the VILLAGE OF ELK
GROVE VILLAGE, an Illinois home rule municipal corporation ("i'illage") and VUE LA, LLC, a
Delaware limited liability company("Developer") (collectively, the Village and the Developer are the
"Parties" and individually a "Party").
The following recitals of fact are a material part of this Agreement.
A. Village is the owner of that certain parcel of land in the Village of Elk Grove Village, County
of Cook, and State of Illinois, legally described in Exhibit A attached hereto and by this reference made a
part hereof ("Property").
B. The Property is occupied by a retail strip center and related infrastructure and improvements.
C. The Village and Developer are parties to an Agreement of Real Estate Terms and Conditions
for Conveyance of Village -Owned Property dated January 27, 2026 whereby Village agrees to sell and
Developer agrees to purchase the Property to develop into a multifamily project known as The Vue.
("Projecr").
D. In order to meet critical timelines for the Project, Developer wishes to perform certain
construction related activities on the Property noted on Exhibit B, attached hereto and by this reference
made a part hereof (collectively, the "Permitted Uses").
E. The Village now wishes to grant, and the Developer wishes to receive, a license to utilize
Property for the Permitted Uses as more fully set forth below.
NOW, THEREFORE, in consideration of the foregoing, the mutual agreement of the Parties
hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1. Grant of License: Limitation of Interest Village hereby grants to Developer, its employees
and agents, a revocable license ("License") for only the Permitted Uses, and for no other purpose, together
with all reasonable rights of access, ingress, and egress over, along, upon, and across the Property necessary
for the Developer to exercise the rights granted herein, and the Developer hereby accepts the License.
2. Use of Premises.
A. The Developer's occupation, maintenance, improvement, and use of the Premises
must at all times comply with (1) all applicable federal, state, county, and local laws, ordinances, rules, and
regulations, as amended including, without limitation, all permits when received (including conditions
imposed thereon) and plans approved by the Village (collectively, "Requirements of Law"); and (2) the
Redevelopment Agreement recorded on March 20, 2024 as Document No. 2408007012 (as amended,
"RDA"); The Developer shall be solely responsible, at its sole cost, for obtaining all permits, authorizations,
and approvals necessary to undertake the Permitted Uses. Approval of this Agreement and the License
granted herein in no way waives, alters, or eliminates the need for the Developer to seek all permits,
authorizations, and approvals necessary to undertake the Permitted Uses.
B. The Developer may engage in the Permitted Uses only after obtaining the Village's
advance permission and in a lien -free, workmanlike manner pursuant to permits issued by the Village.
Following the voluntary or involuntary termination of this Agreement, the Developer must promptly restore
the Property, at its sole cost and expense, to a condition that is reasonably acceptable to the Village. The
Developer must at all times keep the Property in proper condition for its intended use.
C. The Developer shall be solely responsible at all times during this Agreement's term
and at its sole cost for maintaining the Property in accordance with the Requirements of Law. For the
avoidance of doubt, the Village will have no maintenance responsibility concerning or related to the
Property.
D. The Developer shall, at its sole cost, be responsible for establishing and
maintaining any necessary utility accounts for the Property. Upon termination of this Agreement, the
Developer shall pay any outstanding balance accrued during this Agreement's term and terminate all such
utility accounts.
3. Term of License: Termination.
A. The License granted hereunder shall commence on the Effective Date and
terminate on April 30, 2026, unless terminated earlier in accordance with this Agreement.
B. Either the Developer or the Village may terminate this Agreement for any reason,
or for no reason at all, at any time by providing the other Party with written notice of termination at least
thirty (30) days before the termination date.
C. The Village may immediately suspend some or all of the Permitted Uses in the
event of an emergency or imminent threat to safety by providing Developer written notice of suspension.
4. License Only. This Agreement shall not be construed as an easement or lease between the
Parties, shall not create a tenancy of any type and shall not constitute a covenant running with the land.
Developer acknowledges that Developer does not and shall not claim at any time any interest or estate of
any kind or extent whatsoever in the Property by virtue of this License or Developer's use of the Property
pursuant hereto.
5. No Transfer by Developer. Developer shall not transfer any of its rights hereunder without
the prior written consent of Village. Any such assignment made without the prior written consent of Village
shall be null and void and of no force or effect and shall entitle Village to immediately terminate this
Agreement and take all necessary action to remove the Developer and the transferee from the Property and
to terminate this Agreement.
6. Condition of Premises; Indemnity. Developer acknowledges that it (a) has physically
inspected the Property, and (b) accepts the Property with full knowledge of the condition thereof.
Furthermore, Developer for and on behalf of itself and all successors, grantees, invitees and assigns,
assumes sole and entire responsibility for any and all loss of life, injury to persons or damage to property
(wherever such person or property may be located) that may be sustained due to the condition of the
Property or the activities, operations or use of the Property by Developer, its successors, grantees, invitees
and assigns and all of their officers, directors, employees, representatives and agents. For the avoidance of
doubt, the foregoing sentence applies to any disruption to persons, property, or business operations
contemplated or allowed on or around the Property by the RDA. Further, Developer, for itself, its
successors, grantees, invitees and assigns, and for those claiming by, through or under any of them, hereby
releases Village, its officers, directors, agents and employees (collectively hereinafter referred to as the
"Indemnitees") from any and all claims or demands for loss, liability, expense, cost or damage (whether to
person or property), including, without limitation, reasonable attorneys' fees and litigation costs incurred
by the Indemnitees in connection therewith, that may arise from operations on, or the use of, the Property
by Developer, its successors, grantees, invitees and assigns, and all of their officers, directors, employees,
representatives and agents. Developer hereby agrees to indemnify, defend and hold harmless the
Indemnitees from and against any and all liability, loss, claim, demand, lien, damage, penalty, fine, interest,
cost and expense (including, without limitation, reasonable attorneys' fees and litigation costs) incurred by
the Indemnitees for injuries to persons (including, without limitation, loss of life) and business operations,
and for damage, destruction or theft of property which is due to the activity, work or thing done, permitted
or suffered by Developer in or about the Property, or for any act or omission of Developer, its successors,
grantees, invitees and assigns and any of their officers, directors, employees, representatives and agents,
except for any damages that amount to gross negligence or willful misconduct on behalf of Indemnitees.
Developer shall cooperate with Village in the defense of any such claims, demands or action, including,
without limitation, the employment, at the sole expense of Developer, of legal counsel satisfactory to
Village.
7. Insurance.
(a) [nsurance. Developer, at its sole cost and expense, shall purchase and keep in full
force and effect during the Agreement's term:
(1) Commercial General Public Liability Insurance (including, but not limited to,
contractual liability insurance covering, without limitation, Developer's indemnification obligations
hereunder) in an amount not less than Three Million Dollars ($3,000,000.00) per occurrence whether
involving bodily injury liability (or death resulting therefrom) or property damage liability or a combination
thereof with a minimum aggregate limit of Five Million Dollars ($5,000,000.00) and workers compensation
in statutory amounts;
(2) Developer, simultaneously with the execution hereof, shall deposit with
Village original insurance policies evidencing the foregoing coverages, together with satisfactory evidence
of payment of the premiums thereon. All such insurance shall name the Indemnitees as additional insureds.
8. -No Liens. Developer shall not permit any lien to be filed against the Property or any
improvements thereon for any labor or materials in connection with work of any character performed or
claimed to have been performed on Property or the Property at the direction or sufferance of Developer.
In the event any such lien is filed against the Property, or any improvements thereon, Village shall
promptly notify Developer and Developer shall within ten (10) days of receipt of such notice, have the
right, but not the obligation, to pay or bond over such lien. Upon expiration of the ten (10) day period, if
Developer has not paid or bonded over the lien, the Village shall have the right, but not the obligation to
cause such lien to be released and Developer shall pay, on demand all of Villages costs in connection
therewith, together with interest thereon at the interest rate set forth in Paragraph 9 hereof accruing from
and after the date of such demand until Village's receipt of full payment therefor.
9. Breach by Developer, If Developer breaches any provision in this Agreement and fails to
diligently pursue and cure any such breach within thirty (30) days after written notice thereof, in addition
to any other right or remedy available at law, in equity, or under this Agreement, the Village shall have the
right, but not the obligation, to cure any such breach and Developer agrees to reimburse Village for the cost
thereof upon demand, together with interest accruing thereon at an annual rate of interest equal to eight
percent (8%) from and after the date of Village's demand therefor until Village's receipt of full payment
therefor.
10. No Warranty; Integration. Village hereby makes no representation, statement, warranty or
agreement to Developer in or in connection with this Agreement or the Property. This Agreement
constitutes the entire agreement between the Parties and supersedes any and all prior agreements and
negotiations between the parties, whether written or oral, relating to the subject matter of this Agreement.
The Parties approval of this Agreement in no way guarantees or warrants approval of the RDA.
11. Notices. All notices and other communications given pursuant to this Agreement shall be in
writing and shall be deemed properly served if delivered in person to the party to whom it is addressed or
on the third day after deposit in the U.S. mail as registered or certified mail, return receipt requested, postage
prepaid, as follows:
If to Village: Village of Elk Grove Village
901 Wellington Ave
Elk Grove Village, Illinois 60007
Attention: Village Manager
With copies to: Village of Elk Grove Village
901 Wellington Ave
Elk Grove Village, Illinois 60007
Attention: Village Attorney
Ancel Glink, P.C.
140 S. Dearborn Street, 6th Floor
Chicago, Illinois 60603
Attention: Gregory W. Jones
If to Developer: Vue LA, LLC
1001 Feehanville Drive
Mount Prospect, Illinois 60506
Attn: Jason Macklin
With a copy to: Wingspan Development Group
1001 Feehanville Drive
Mount Prospect, Illinois 60506
Attention: Carolyn Strahammer
12. Reservation of Ri 6hts. The Village hereby reserves the right to use the Property in any manner
that will not prevent, impede, or interfere in any way with the exercise by the Developer ofthe rights granted
hereunder. The Village has the right to grant other non-exclusive licenses or easements, including, without
limitation, licenses or easements for utility purposes, over, along, upon, or across the Property.
13. Miseeilaueous.
A. Time of the Essence. Time is of the essence in the performance of all of the terms
and conditions of this Agreement.
B. Applicable 1.aw. This Agreement will be interpreted under and governed by the
laws of the State of Illinois. Venue for disputes arising from or related to this Agreement shall be in the
Cook County Circuit Court, Cook County, Illinois.
C. Amendment. Except as expressly provided herein, this Agreement may be
modified, amended, or annulled only by the written agreement of the Village and Developer.
D. Survival. All representations and warranties contained herein will survive the
execution of this Agreement and will not be merged. Any provision requiring a Party's performance after
this Agreement's termination shall survive this Agreement's voluntary or involuntary termination.
E. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original and all of which shall together constitute one and the same instrument.
F. Non -Waiver. Failure of either party to this Agreement to insist upon the strict and
prompt performance of the License, rights, restrictions, agreements and covenants contained in this
Agreement shall not constitute or be construed as a waiver, abandonment or relinquishment of either parry's
right thereafter to enforce any such License, rights, restrictions, agreements or covenants, and the same
shall continue in full force and effect.
G. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person or entity shall be made, or be valid, against the Village or the Developer.
H. interpretation. This Agreement shall be construed without regard to the identity
of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of
this Agreement shall be construed as though the Parties participated equally in the drafting of this
Agreement. As a result ofthe foregoing, any rule or construction that a document is to be construed against
the drafting party shall not be applicable to this Agreement.
1. Taxes. Developer does not and shall not claim at any time any interest or estate of
any kind or extent whatsoever in the Property by virtue of this License or Developer's use of the Property
pursuant hereto and therefore real property taxes, assessments, fees or impositions imposed on the Property
shall be paid by the Village.
IN WITNESS VIMREOF, the Parties hereto have executed this Agreement as of the day and
year first above written.
ATTEST:
B Y * V�,J, A ,
� - I
101-11 =11!1 I
ATTEST:
OUR1►.�1
VUE LA, LLC, a Delaware limited liability
company
By: 4 U � I
VILLAGE OF ELK GROVE VILLAGE, an
Illinois home rule municipal corporation
By: Y4�
Its: Village Clerk Its: Village Manager
ACKNOWLEDGEMENT
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
This instrument was acknowledged before me on February 25, 2026, by Matthew Roan,
the Village Manager of the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation,
and by JENNIFER MAHON, the Village Clerk of said municipal corporation.
OFFICIAL SEAL
DEBRA K PICCOLI
1ARY PUBLIC, STATE OF ILLINOIS
SIsI�L
Y-0r11MISSION EXPIRES: 03/19,2026
My Commission expires:
3— Ir-► - moat,,
STATE OF ILLINOIS )
SS.
COUNTY OF &(V;K )
Signature of Notary
The foregoing instrument was acknowledged before me on mbua"— 0^
202(o by � � j? n i_ the an a of Yue
LLC, a Delaware Iimitet3 liability compact , as their end vole " a tin their capacities as of'�re of
said company for the uses and purposes herein.
CAROLYN STRAHAMMER�
Official Seal
LNotary Public - State of Illinois Signature R Notary
mission Expires Sep 22, 2026
S
My Commission expires:
C1 I I
EXIII[BIT A
Legal Description for Property
Residential Property
Parcel 2:
Beginning at the Southwest corner of Lot I in Elk Grove Section 1 North, being a Subdivision in the
Southeast'/ of Section 21, Township 41 North, Range 11 East of the Third Principal Meridian; Thence
North 9 degrees 41 minutes 5 seconds East a distance of 95.76 feet; Thence North 12 degrees 53 minutes
00 seconds East a distance of 385.34 feet; Thence 184.85 feet along the arc of a 2945.57 foot radius curve
to the right, chord bearing North 11 degrees 47 minutes 38 seconds East 184.83 feet; Thence South 82
degrees 40 minutes 25 seconds East a distance of 426.39 feet; Thence South 7 degrees 19 minutes 35
seconds West a distance of 109.91 feet; Thence South 50 degrees 46 minutes 26 seconds East a distance
of 138.88 feet; Thence South 39 degrees 13 minutes 29 seconds West a distance of 580.65 feet; Thence
North 80 degrees 10 minutes 51 seconds West a distance of 292.22 feet to the point of beginning, all in
Cook County.
Property Address: 53 S. Arlington Heights Road and also I I I E. Higgins Road,
Elk Grove Village, IL 60007
PIN Nos.: 08-21-403-034-0000 and 08-21-403-035-0000
EDIT B
Permitted Uses
Selective demolition in preparation for asbestos abatement;
RTU removal from the roof structure;
Asbestos abatement ahead of building demolition;
Cut, cap, and make safe the building to be prepped for building demolition;
Q Excavate test holes on -site to determine the extent of soil conditions that were identified in the
Geotech reports as potentially unstable;
4 Create a temporary drive aisle to provide connectivity from new retail to the Arlington Heights
Road access to allow for southbound egress