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HomeMy WebLinkAboutEXECUTIVE SESSION - 04/09/2026 - LAND ACQUISITIONEXECUTIVE SESSION GENERAL April 9, 2024 6:22A p.m. Chernick Conference Room TOPIC: ❑ LITIGATION ❑ PERSONNEL X LAND ACQUISITION VILLAGE BOARD MEMBERS PRESENT C. JOHNSON Mayor J. BUSH Village Trustee J. FRANKE Village Trustee K. JAROSCH Village Trustee T. MILLER Village Trustee S. SCHMIDT Village Trustee VILLAGE BOARD MEMBERS ABSENT C. PROCHNO Village Trustee STAFF PRESENT M. ROAN Village Manager M. JABLONSKI Deputy Village Manager C. GABIGA Assistant Village Manager G. KNICKERBOCKER Village Attorney 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 Apri19. 2024, this Executive Session was called to consider review of Land Acquisition. Number of pages attached: Date(s) of review for release: Date of approval for release: Date approved by Village Board: 1 April 2025 May 12, 2026 December 17, 2024 April 9, 2024 6:22A pm The Village has not received a response from Prologis regarding the offer for 1201 Busse Road at this time. The meeting was adjourned at 6:22 pm. RESOLUTION NO. 10-26 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND WINGSPAN DEVELOPMENT GROUP, LLC. (ARLINGTON- HIGGINS TIF) 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: FIRST AMENDMENT TO REDEVELOPMENT 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 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 1011 day of February 2026 APPROVED this 10111 day of February APP Mayor Craig B. doh on Village of Elk G royk Village ATTEST: J n S. hoc, Village Clerk FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT ("First Amendment") is made and entered into this 1 Oth day of February, 2026 between Wingspan Development Group, LLC, an Illinois limited liability company ("Developer") and the Village of Elk Greve Village, an Illinois home rule municipal corporation ("Village") (collectively, the Village and Developer are the "Parties" and, sometimes, individually, a "Party"). RECITALS A. On or about January 23, 2024, the Parties entered into that certain Agreement — Redevelopment Agreement ("Agreement") concerning the property commonly known as 1 and 1 I 1 E. Higgins Road, Elk Grove Village, Illinois; and B. The Parties now wish to amend the Agreement to increase the maximum reimbursement and further specify the costs to which the Developer may be eligible as set forth in the Act, all as set forth in this First Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency are hereby acknowledged, the Parties agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated as though fully set forth in this Section 1. 2. Capitalized Terms: Conflict. Any capitalized term used herein, but not defined herein, shall have the meaning given to such term in the Agreement. In the event of any conflict between the terms and conditions hereof and those set forth in the Agreement, the terms and conditions of this First Amendment shall control. 3. Agreement Amended. Notwithstanding anything in the Agreement to the contrary, the Incremental Pledged Revenue from tax increment financing available for reimbursement to the Developer will be amended to an amount not to exceed Twenty -Five Million and Two Hundred Thousand Dollars ($25,200,000) under Section 4.01 of the Agreement. The Village further agrees to timely pay Five Million Seven Hundred Thousand Dollars ($5,700,000.00) to the Developer assuming the Developer Commences Construction on the Residential Property as reflected under Section 4.02 D of the Agreement. In addition, Exhibit H ("TIF Improvements") to the Agreement which reflects all costs for which the Developer may be reimbursed, is further amended as reflected in Amended Exhibit H attached hereto. 4. Binding Effect. This First Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the Village and the Developer. 5. One AiZreemcnt. The Agreement and the First Amendment shall be construed as one instrument. The terms and provisions of the Agreement not specifically modified by this First Amendment shall remain in full force and effect and shall not be construed to have been modified, waived, discharged or otherwise altered by this First Amendment. The terms and provisions of the Agreement are incorporated herein by reference as if fully stated herein. 6. Amendment. The terms and conditions of the First Amendment may not be modified, amended, altered, or otherwise affected except by instrument in writing executed by the Village and the Developer. 7. Final Form. This First Amendment represents the final agreement between the Village and the Developer and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements between the Village and the Developer. There are no unwritten oral agreements between the Village and the Developer. 8. Severability. If any term or provision of this First Amendment, or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this First Amendment, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each provision of this First Amendment shall be valid and shall be enforceable to the extent permitted by law. 9. Authority. Each Party represents and warrants to the other that is has the requisite authority to enter into this First Amendment, and each party shall, upon request, provide evidence of such authority acceptable to the other at the time of execution of this First Amendment. 10. Counter arts. This First Amendment may be executed in multiple counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively but one instrument; but in making proof of this First Amendment, it shall not be necessary to produce or account for more than one such counterpart. A facsimile or electronic copy of this First Amendment and any signatures thereon shall be considered an original for all purposes. [Signature page follows] 2 IN WITNESS WHEREOF, this First Amendment has been executed by the Parties as of the date first above written. DEVELOPER: Wingspan Development Group, LLC, an Illipoisjimitgkliability company as [Par) an rc Title: /VlanCtG��.lr �� Date:., r�ianP VILLAGE: Village of Elk Gr a Vi age, Attest an Illinois mtjipal cqfporation Y Craig BtJobns7on Je niter A. Mah Mayor Vil age Clerk Date: 1.2� Date: r)flL{,%2, %a 3 d � � � 2 fq\0Eff\?? 0 0 o c d o 0 o d a d 0000\oE9oo 0 6 C,)C)ooco c 2 �q/?ooR9ES M� �n���� 2 2 W � 41.) / 2 o / 0 411) & 2 K \ u 3 2 7 2 § ƒ E /-lc;$¥ k 2 .4 5 CA / e/7 O § § 2n2 k k j§ 0 7 § 7 ? A 2 « � 0 da K§2�2 ¥$f +§2 § § o @ 2 / ° ? 2 W2 % q K& \�ƒ) U W b �k § o 2./ k 2 q k'� / 2 Q W F-PL4 q m# tn"D r- #c)- H - k Mayor CRAIG B. JOHNSON Village Clerk JENNIFER S. MAHON Village Manager MATTHEW J. ROAN January 29, 2026 IL_720 Rohlwing Rd. LLC D. Randall Bradford 720 Rohlwing Road rradford@nexstar.tv Dear Mr. Bradford, Village Trustees JOSEPH D. BUSH JEFFREY C. FRANKE KATHRYN A. JAROSCH KEITH LASKEN TAMMY K. MILLER STEPHEN F. SCHMIDT Enclosed is a certified copy of Resolution No. 5-26 entitled "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" The above referenced Resolution was passed and approved at the regular meeting of the Mayor and Board of Trustees of the Village of Elk Grove Village, Illinois, held on Tuesday, January 27, 2026. If you have any questions, please call my office at (847) 357-4041. Sincerely, A�& J yt ho11 Village Clerk Enc. 901 WELLINGTON AVENUE ■ ELK GROVE VILLAGE, ILLINOIS • 60007-3499 y TELEPHONE (847) 357-4000 • FAX (847) 357-4044 • TDD (847) 357-4088 www.elkgrove.org Mayor CRAIG B. JOHNSON Village Clerk JENNIFER S. MAHON Village Manager MATTHEW J. ROAN STATE OF ILLINOIS Village Trustees JOSEPH D. BUSH JEFFREY C. FRANKE KATHRYN A. JAROSCH KEITH LASKEN TAMMY K. MILLER STEPHEN E SCHMIDT 616y COUNTIES OF COOK AND DU PAGE CERTIFICATE OF CLERK This is to certify that I, Jennifer S. Mahon, am the Village Clerk of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, and as such official am the custodian of the records and seal of said Village; and that the attached is a true and correct copy of Resolution No. 5-26 passed by the Mayor and Board of Trustees of said Village at a meeting duly held on the 27th day of January 2026, which Resolution No. 5-26 was approved by the Mayor, all as appears from the official records which are in my custody. Witness my hand and the official seal of said Village of Elk Grove Village this 291h day of January 2026. (SEAL) & Auck ��' J nif S. MAbbn, Village Clerk Village of Elk Grove Village Counties of Cook and DuPage, Illinois 901 WELLINGTON AVENUE • ELK GROVE VILLAGE, ILLINOIS • 60007-3499 TELEPHONE (847) 357-4000 • FAX (847) 357-4044 - TDD (847) 357-4088 www.elkgrove.org RESOLUTION 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 27th day of January 2026 APPROVED this 27th day of Januar►,2 �26 APPROVED: Mayor Craig B. ,loF son Village of g1ki-Gt e Village ATTEST: ttS, Mahon, Village Clerk AMENDMENT TO THE PRE -ANNEXATION AGREEMENT BETWEEN IIr720 RORLWING 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 fast above written. 11,420 Rohlwing Rfl , L Village of E ove Village an Illinois Limi�i Company: an Illinoi om le municipal By: _ Name: Date: Attest By: — +�)- - Name: ?o►y% atdttr+ N Date: I�ZL ILM Attest ✓ �• �' Y �bc� By: Name. mF,Gee GL 7 Date: 4,�7