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HRA asks developer to cover contract-revision costs for Temperance Trails extension; board approves request

2889367 · March 19, 2025
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Summary

Cook County HRA commissioners agreed to ask the Temperance Trails developer to pay legal costs to revise the project agreement so the closing can be extended to July while outstanding county punch-list items, particularly septic design, are resolved.

Cook County Housing and Redevelopment Authority commissioners voted to ask the Temperance Trails developer to pay the cost of revising the project contract to accommodate a requested extension of the closing to July.

The vote followed a staff report that the developer, identified in meeting materials as Peter Grubish doing business as Timberline Homes, has completed “well over 60%” of a county punch list dated Jan. 15 but still faces gating items — most prominently the septic design — that cannot be finalized while the ground is frozen. Jeff (last name not specified), the HRA staff member presenting director’s report material, told commissioners the developer requested the July closing so construction could begin and the first units could be weather-tight before winter.

The HRA packet includes a county document listing about a dozen punch items the developer must finish before final plat approval. Jeff said Grubish asked for an extension so he could “get all of his i's dotted and his t's crossed” and still target initial occupancy before fall. Commissioners discussed whether the extension should include a requirement that the developer explicitly confirm which punch-list items are complete and provide an estimate of sunk costs to date. One commissioner said, “It would be useful…to have him explicitly confirm the items that he has done and sort of estimated sunk cost so far just to get some confidence.”

Commissioners also discussed whether the HRA should draft a new extension agreement or absorb legal costs in-house. Jeff said creating a new or amended agreement would incur legal fees; he noted attorney Jason Hale is on retainer and that the HRA’s budget contains funds for legal costs but suggested asking the developer to “put a little skin in the game.”

A motion that the developer be asked to pay the cost of revising the contract to accommodate the requested delay to July closing was made, seconded and approved by voice vote. The transcript records the motion as carried by affirmative “Aye” votes; no roll-call tally was recorded in the meeting transcript.

The HRA will ask Grubish to provide a follow-up note that highlights which punch-list items remain open and which have been completed, and to estimate sunk costs so far. Staff said the septic design is the primary gating item and that commissioners broadly supported delaying the closing until the final plat and septic design are complete. Jeff also noted that the project’s scope has changed since the original approval; the plan now contemplates about 16 units (down from an earlier 24-unit proposal) because of easement, blasting, wetlands and septic constraints.

The commissioners did not adopt a separate resolution to authorize staff to enter a revised agreement; Jeff said the HRA has authority under its normal course of business to absorb legal costs if necessary but prefers to ask the developer to cover drafting expenses. No additional conditions or a formal timeline for the developer’s follow-up letter were recorded.

Because the motion was recorded by voice vote only, the meeting minutes will be the official record for the exact motion language and any roll-call detail if later added.

Ending

Staff said they will return any new documentation from the developer to the board and place the item on a future agenda if further commissioner action is needed. The HRA’s next steps include requesting the developer’s written confirmation of completed punch-list items and firming a timeline tied to final plat approval.