restrictions prevented work from being able to be done on the site. A new
architect has new drawings and new permits. He says he thinks they are
going to get a permit this week and are ready to start.
Trustee Wesley said it would have been useful to hear that months ago and
have check-ins prompted by Pete's rather than the Village. Developer
Grzynkowicz said now that their architect is in play, drawings are in, we
have a full core shell package to permit. We will follow up with our interior
package which will proceed in about three months.
Trustee Wesley inquired about the clawback language in the
redevelopment agreement and why it does not include all of the property.
Attorney Sachs said the clawback in place now applies to the first deadline
which applies to the entire property. Trustee Wesley noted the clawback
right is for the entire site previous to the first deadline but only the North
Foley site after the first deadline. Attorney Sachs said that was what was
agreed upon and would only apply if they abandoned the project.
Trustee Wesley asked if the Village could have a new agreement as a sign
of good faith to the community. Attorney Sachs said they would have to
discuss it with their client. Attorney Sachs said at this point there is a
significant investment of the property in the millions. By the time the ERS
system and foundation gets installed, we'll be into the project more than
$10M. There is no reason to ever stop working on the project. Trustee
Wesley noted it has happened in the Village in the past. Attorney Sachs
said Pete's is and continues to be a good neighbor.
Developer Grzynkowicz said Pete's is 100% committed to the project. Our
steel is pre-ordered and we are not leaving. He said he is working on the
parking lot and that will be tidied up in about two months. Trustee Wesley
said Pete's did not come before the permit extension. Developer
Grzynkowicz said they go to the building department for the extensions, not
the Village Board. Trustee Wesley said he has seen these issues in the
past and does not want to see them going forward.
Attorney Sachs said he was there for the original agreement. The clawback
clause is there. If Pete's does not meet the deadline, the Village has the
whole property back. If it is missed on the end, it will cost Pete's $45K a
month.
Trustee Parakkat agreed that reinvestment in our partnership in good faith
to get to the finish line as quickly as possible is in our shared interests. He
asked for their perspective on the Aldi development down the street.
Developer Grzynkowicz said they don't share the same market. Trustee
Parakkat said the terms seem appropriate so he is okay with it.
Trustee Robinson said this is a good opportunity to push the reset button.
She said the two items that make this palatable for her are the entire