Developer in default on Roselle's Firewater Barbecue redevelopment; termination could trigger April 20

Village Administrator Jason Blavsky updated the board that the developer for the Firewater Barbecue redevelopment agreement has failed key milestones and is now in default.

Blavsky said the village previously amended the agreement in December to extend deadlines and establish new milestones, but "they had not addressed them to our satisfaction. Subsequently, they were sent a notice of default in accordance with the agreement." He added, "They're in default, and they have a period of 14 days to cure," and that absent a cure the agreement will terminate automatically on April 20, 2026. Staff recommended receiving the update and asked that trustees direct questions to staff or village counsel rather than taking action at this meeting.

Trustees expressed frustration with the delays and discussed whether to let the agreement terminate and re-market the property. One trustee said the lot may be worth more as an empty parcel and urged the village to move on; another trustee said that if the developer returned to the table they should come with proof that "he needs to come to the table with, like, everything that he missed" if the board were to consider re-opening negotiations. Counsel noted a primary default is absence of proof of construction financing and that engineered plans are copyrighted and would require assignment for a new developer to use.

No board action was taken at the meeting; staff told the board they would continue communications with the developer and counsel, that the developer has until April 20 to cure defaults, and that absent a cure the agreement will terminate by its own terms.