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HomeMy WebLinkAboutRESOLUTION - 37-26 - 5/26/2026 - FIRST AMENDMENT TO TO LOAN - SG ELK GROVERESOLUTION NO.37-26 A RESOLUTION AMENDING RESOLUTION NO. 62-25 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SG ELK GROVE, LLC (600 MEACHAM) 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 I: That the Mayor be and is hereby authorized to sign the attached document marked: FIRST AMENDMENT TO LOAN 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 26th day of May 2026 APPROVED this 26t' day of May 2026 APPROVED: Mayor -Craig B. Johns fi Village of Elk Grove/llage ATTEST: Je nife S. Mahon, Village Clerk FIRST AMENDMENT TO LOAN AGREEMENT THIS FIRST AMENDMENT TO LOAN AGREEMENT ("First Amendment") is dated this 20�-day of May, 2026 ("First Amendment Effective Date"), and is by and among the VILLAGE OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation with offices located at 901 Wellington Avenue, Elk Grove Village, Illinois ("Village"), and SG ELK GROVE, LLC, an Illinois limited liability company with offices located at 1001 Feehanville Drive, Mount Prospect, Illinois ("Borrower") (collectively, the Village and the Borrower are the "Parties" and, sometimes, individually a "Party"). RECITALS A. On or about November 18, 2025, the Village passed Resolution Number 62-25 approving a Purchase, Sale, and Redevelopment Agreement ("Redevelopment Agreement") with the Borrower relating to the property commonly known as 600 Meacham Road, Elk Grove Village, Illinois, which property is more specifically described in the Redevelopment Agreement ("Property"). B. Redevelopment Agreement Exhibit C is a Loan Agreement ("Loan Agreement") detailing certain financing terms related to the Property's redevelopment. C. The Parties now wish to amend the Loan Agreement to update the loan repayment schedule, all as set forth in this First Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency are hereby acknowledged, the Village and Borrower agree as follows: 1. RECITALS AND F,XHIBITS INCORPORATED. The foregoing recitals and all exhibits attached to this First Amendment 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 Loan Agreement. In the event of any conflict between the terms and conditions hereof and those set forth in the Loan Agreement, the terms and conditions of this First Amendment shall control. 3. AMORTIZATION SCHEDULE REPLACED. The Loan Amortization Schedule identified as Loan Agreement Exhibit A, Schedule A, is struck in its entirety and replaced with Schedule A attached hereto. 4. NO DEFAULT. The Parties represent, warrant, and agree that as of the First Amendment Effective Date, the Parties have fully performed under the Loan Agreement and that no ongoing uncured default under the Redevelopment Agreement exists. 5. ONE AGREEMENT. The Loan Agreement and the First Amendment shall be construed as one instrument. The terms and provisions of the Loan 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 Loan Agreement are incorporated herein by reference as if fully stated herein. 6. FINAL FORM. This First Amendnent represents the final agreement between the Parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements between the Parties. There are no unwritten oral agreements between the Parties. 7. 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. 8. AUTHORITY. Each Party represents and warrants to the other that it 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. 9. BINDING EFFECT. This First Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of Village and Borrower. 10. COUNTERPARTS. 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. [Intentionally left blank; signature page follows] Vj IN WITNESS WHEREOF, the Parties have caused this First Agreement to be executed as of the day and year noted below. ATTEST: B r �'�.g�4(�) ermif M n, Village Clerk 3 SG ELK GROVE, LLC, an Illinois limited liability company By. Ckj" -7 Name: Kic�ko (a S ?ApOLMC Title: PA-0JA11111- Address: 1001 Feehanville Drive MountPromect. IL 60056 VILLAGE F' ELK/GROVE VILLAGE, an Illinois cip corporation By: Cr . Johnson, yo Address: 901 W#ington Avenue Elk ove Village, IL 60007 STATE OF ILLINOIS COUNTY OF COOK ACKNOWLEDGEMENT SS. } This instrument was acknowledged before me on 2 , 2026, by CRAIG B. JOHNSON, the Mayor of the VILLAGE OF ELK GROVE V4LLAGE, an Illinois municipal corporation, and by JENNIFER MAHON, the Village Clerk of said municipal corporation. SEAL My Commission expires: STATE OF -I,lil ants ) SS. COUNTY OF 1 mVt Signature of No i1KFIpAL �EAt LIMM JW T MMMIARO Notary Pdk no of Illinois COMM1 "No.1025399 My Coaoni dmEv$m February 11, 2030 The foregoing instrument was acknowledged before me on MaV l 8, 2026, by i1ti'eho� sP l jtoj� C;he Manager of SG ELK GROVE, LLC, an Ill ois limited liability company, m his 4ce and voluntary act in his capacities as manager of said company for the uses and purposes herein. awj� aaAa&MZA Signature of Notary SEAL CAROLYN STRAHAMMER My Commission expires: Official Seal Notary Public - State of Illinois My Commission Expires Sep 22, 2026 "xa' n SCHEDULE A LOAD AMORTIZATION SCHEDULE EGIA Year Number 1 First Paymerit due er. of befcve Pjyri-ient NUInber Due Date (cr or bpforej 1 12/01/26 Amnunt $400,000 Toni Pzymernl $800,0n0 2 06/01/27 $400,000 2 3 12101127 $400,000 $enO,nuo 4 06/01/29 $400,000 3 5 12101/29 $400,000 $800,00n 6 06101/29 $400,000 A 7 12/01/29 $40%000 $8n0,00n 8 06101/10 $400,000 5 9 12/01/30 $40%000 -: $800,000 10 06101/31 $400,000 6 11 12/01131 $500,000 $1,000,000 12 06/01j3t $500,000 7 13 12/02/32 $500,000 $i3Onn,00n 14 06/01/31 $500,000 It16 15 12101/33 $500,000 $1,00n,b00 06/01/34 $500,000 17 12/01/34 $500,000 $i,b00,000 18 06/01/15 $500,000 30 19 12/01135 $500,000 $1,000,000 20 06/Ol/36 $500,000 11 21 12/02136 $55a,000 $i,ln4,aab 22 06101137 $550,000 12 23 12/01/37 $550,000 $1,104,000 24 06/01158 $550,000 13 25 12101139 $550,000 $1,1nn,ObO 26 06/01/39 $550,000 14 27 12/01/39 $550,000 $1,1000000 28 06/02140 $550,000 15 29 12/01/40 $550,000 $1,inn,000 30 06101/41 $5%000 16 31 12101/41 $60I1,00a $1,2nn,a0n 32 06/01/42 $600,000 37 33 12/01142 $600,000 $1,2nn,bOn 34 06/01142 $600,000 1$ 35 12101/43 $600,000 $1,2n0,00n 36 06/02/44 $600,000 19 37 12/01144 $600,000 $1,2n0,D0n 39 06/01/45 $600,000 ZO 39 12101145 $600,000 $1 ,200,000 40 41 06/01/46 0. $6001OW 6,500,()00 Final Payment Toial $27,000,000 $27,000,000