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 ��
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VILLAGE:
Village of Elk Gr a Vi age, Attest
an Illinois mtjipal cqfporation
Y
Craig BtJobns7on Je niter A. Mah
Mayor Vil age Clerk
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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
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Name:
Date:
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Date: I�ZL
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By:
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