Michael J. Hayes


May 17, 2024

VIA HAND DELIVERY and CERTIFIED MAIL (Return Receipt Requested)

Village of Homer Glen

Mayor Christina Neitzke-Troike 14240 W. 151st Street

Homer Glen, Illinois 60491

Re:      Notice of Breach of Annexation Agreement Between Village of Homer Glen and Homer Township

Dear Mayor:

Our office represents Homer Township. Village and Township officials met on May 15, 2024, to discuss open issues related to the Township’s pending applications for permits and approvals to start construction on a community center building on the property described in the above-referenced Annexation Agreement. The Township is encouraged by progress that appears to have been made at that meeting. While the Township is hopeful that it will not have to resort to any remedies available for breach of the agreement, because time is of the essence for start and completion of construction, and because of the significant amount of time that must be allowed for potential cure of any breach of the agreement, the Township finds it is necessary to send this Notice now pursuant to Section 11 of the Annexation Agreement, dated January 26, 2022.

Any continued delay on the Township’s applications and/or submissions is a breach of the agreement, including, but not limited to, Sections 5 (Permits; Liquor License) and 13 (Mutual Assistance). In spite of the Village’s obligation to act on such applications and permit requests within 15 days of submittal by the Township, the Village has failed to hold hearings or meetings on the same and failed to issue the requested permits and approvals to allow the start of construction. The Village’s failure to act on the applications has violated the Village’s obligation to fully cooperate with the Township and to do “a// things necessary or appropriate to carry out the terms and provisions of [the] Agreement and to aid and assist each other in carrying out the terms and objectives of [the] Agreement and the intentions of the Parties as reflected by said terms, including, without limitation, giving of such notices, the holding of such public hearings, [and] the enactment by the Village of such resolutions and ordinances * * * to enable the Parties’ compliance with the terms and provisions of [the] Agreement[.]” See Section 13 of the agreement.

The delay prevents the start and completion of construction and therefore jeopardizes the Township’s use of- and continued entitlement to – certain grant money

and funding for the same. The Township demands that the Village cure its breach and act or grant the applications and any warranted exceptions within 15 days. If the Village does not, the Township may pursue all legal remedies available to it. As noted above, the township prefers not to act on this Notice.

Very truly yours,


Michael J. Hayes


cc        Interim Village Manager Joe Baber

Village Attorney Michael Carroll (Peterson, Johnson, & Murray, 200 W. Adams Str., #2100, Chicago, IL 60606)

Homer Township Supervisor Steve Balich (via email)