R-98-15�l
RESOLUTION NO. R -98 -15
A RESOLUTION AUTHORIZING THE SETTLEMENT OF
LITIGATION AND PURCHASE OF REAL ESTATE WITHIN THE
SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA
WHEREAS, the Village of Deerfield is authorized to acquire real estate, including
the right to exercise eminent domain if necessary, for the purpose of acquiring real estate
for downtown redevelopment purposes pursuant to the provisions of 5/11 -61 -1 and 5/11-
74.4-4 of the Chapter 65 of the 1996 Illinois Compiled Statutes; and
WHEREAS, by Ordinance No. 0- 98 -07, the Village of Deerfield authorized the
acquisition of certain real estate within the southwest quadrant of the Village Center
Project Area for the purposes of downtown redevelopment; and
WHEREAS, pursuant to Ordinance No. 0- 98 -07, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -07 and commonly
known as 803 Deerfield Road, Deerfield, Illinois (Judy's Pizza Building); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Cole Taylor Bank, et al., No. 98 ED 12
(hereinafter "Litigation "); and
WHEREAS, all matters at issue in the Litigation have been resolved between the
parties thereon upon the terms and conditions more specifically set forth in Exhibit A
attached hereto and made a part hereof, and the corporate authorities of the Village of
Deerfield desire to improve said terms and conditions.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION The terms and conditions of the settlement of the Litigation
ONE: known as 98 ED 12, as set forth in the Settlement Stipulation
attached hereto as Exhibit A, are hereby approved and Special
Counsel for the Village of Deerfield, Joseph T. Morrison, is
authorized to execute this Settlement Stipulation on behalf of
the Village of Deerfield.
SECTION Special Counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a final
judgment order in the Litigation consistent with the terms and
conditions set forth on Exhibit A attached hereto.
SECTION Village Manager and Special Counsel for the Village of
THREE: Deerfield, Joseph T. Morrison, are hereby authorized and
directed to take such other actions as may be required to fully
effectuate the terms and conditions of the settlement of the
Litigation as set forth on Exhibit A attached hereto to assure
proper title be vested in the Village of Deerfield.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5)
NAYS: None (0 )
ABSENT: Swanson (1)
PASSED this 15th day of June, A.D., 1998.
APPROVED this 15th day of June, A.D., 1998.
VILLAGE PRESIDENT
VIL'bAGE CLERK —1 "-06,
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs
No. 98 ED 12
COLE TAYLOR BANK, as Trustee under
Trust Agreement dated December 19,
1986, and known as Trust No. 86 -225;
JEROME SCHUETZ; JEROME P.
SCHUETZ; JEROME P. SCHUETZ SR.,
as Trustee of the JEROME P. SCHUETZ
SR. Declaration of Trust; MICHAEL
KLOSSNER; PAUL E. PERRY, RAY
ZLOTKOWSKI, individually and d /b /a
HAIR HUTCH; JUDY'S PIZZERIA, INC.;
FIRST MIDWEST BANK, N.A.; and
UNKNOWN OWNERS,
Defendants
SETTLEMENT STIPULATION
NOW COMES the VILLAGE OF DEERFIELD, a municipal corporation, by and
through its attorneys, MORRISON & MORRISON; P.C., and the Defendants, COLE
TAYLOR as Trustee under Trust Agreement dated December 19, 1986, and known as
Trust No. 86 -225, JEROME SCHUETZ, and JEROME P. SCHUETZ SR. as Trustee of THE
JEROME P. SCHUETZ SR. Declaration of Trust, and JUDY'S PIZZERIA, INC., (hereinafter
"Certain Owners "), by their attorneys, Victor J. Cacciatore 11 and H. Randall Errington, and
hereby state and agree that the total just compensation to be paid for the taking of the
property described in the Complaint for Condemnation shall be SIX HUNDRED SIXTY
THOUSAND DOLLARS ($660,000). No costs or interest shall be allowed or added thereto,
all costs and interests having been waived, and the Parties agree to waive hearing on the
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Traverse and Motion to Dismiss, waive a view of the premises, waive trial by jury, and
consent to the entry of a Judgment Order in accordance with this Stipulation.
Furthermore, as part of this Stipulation, the Parties have agreed that the final
Judgment Order will contain the additional language:
1. The just compensation shall be deposited by the Plaintiff with the Treasurer
of Lake County, Illinois, within 15 days after the entry of judgment order
2. Certain Owners will be entitled to withdraw the deposit of just compensation,
less five percent ($33,000.00), in accordance with a duly executed Application to Withdraw
Funds showing there are no other parties entitled to receive any just compensation for the
taking of this property other than those parties disclosed in said Application.
3. The Plaintiff will default Defendants MICHAEL KLOSSNER, RAY
ZLOTKOWSKI d/b /a HAIR HUTCH, PAUL PERRY, and FIRST MIDWEST BANK for failure
to appear after being duly served with summons.
4. The Plaintiff will default "UNKNOWN OWNERS" for failure to appear after
due notice by publication.
5. Certain Owners represent and agree that all leasehold interests have been
terminated, and all tenants have vacated the property as of July 1, 1998, with the
exception of the following:
JUDY'S PIZZERIA, INC.
6. Upon the deposit of just compensation, Plaintiff will be vested with fee simple
title to the real estate, and will be entitled to exclusive possession of the property
described in the Complaint to Condemn, except as hereinafter set forth.
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7. Certain Owners represent and agree that any fees for work done on or at the
property described in the Complaint to Condemn have been paid, and Certain Owners
have taken no action, or will take no actions, which might result in a possible mechanic's
lien or other liens being asserted against the property.
8. JUDY'S PIZZERIA, INC. will be allowed to remain in possession of that
portion of the building which it currently occupies, subject to the following:
a. JUDY'S PIZZERIA, INC. shall be allowed to remain in possession of
the property until the earlier to occur of (a) the date on which JUDY'S
PIZZERIA, INC. vacates the subject property; or (b) August 30, 1998.
b. JUDY'S PIZZERIA, INC. acknowledges that it has knowledge of the
the subject property and agrees to continue its occupancy in full
knowledge of its current condition. JUDY'S PIZZERIA, INC.
understands and agrees that it is accepting the condition of the real
estate in an "as is" condition.
C. JUDY'S PIZZERIA, INC. shall have no right to lease or sublease any
portion of the real estate during its period of possession. JUDY'S
PIZZERIA, INC. shall only have the right to use the real estate to
conduct its current business and for no other use.
d. JUDY'S PIZZERIA, INC. understands and agrees that the Plaintiff will
not be required to make any type of repairs whatsoever to the subject
property during its period of possession. JUDY'S PIZZERIA, INC.
understands and agrees the Plaintiff will not be making any repairs to
the interior or exterior of the building. Therefore, JUDY'S PIZZERIA,
INC. understands and agrees that any repairs which may be required
in order for it to continue to operate its business in the real estate will
be the sole and separate responsibility of JUDY'S PIZZERIA, INC.
e. JUDY'S PIZZERIA, INC. shall maintain complete insurance for liability
concerning their use of the premises, and for any of the personal
property of the JUDY'S PIZZERIA, INC. in a form acceptable to the
Plaintiff. JUDY'S PIZZERIA, INC. shall have provided proof of such
insurance prior the. withdrawal of just compensation.
The Plaintiff or its designated officers, agents, employees or
contractors shall have the right to enter upon and into the building
located on the subject property, after 24 hours prior notice to JUDY'S
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PIZZERIA, INC., and at reasonable times, to conduct surveys, soil
tests or borings, environmental studies, or other similar tests or
investigations.
g. JUDY'S PIZZERIA, INC. agrees to notify the Plaintiff as to the date it
intends to vacate and surrender possession of the real estate, and it
agrees that the real estate will be left secure, reasonably free of trash
and debris, and in a reasonably clean condition on the date of
vacation of possession. Any and all property remaining in the
property after the date that JUDY'S PIZZERIA, INC. vacates
possession will become the sole and exclusive property of the
Plaintiff.
h. JUDY'S PIZZERIA, INC. has agreed to assume sole and entire
responsibility for any and all loss of life, injury to persons or damage
to property that may be sustained directly or indirectly due to the
condition of the subject property, or the activities, operations or use
of the subject property by JUDY'S PIZZERIA, INC., its employees,
successors, invitees, assigns and agents. Furthermore, JUDY'S
PIZZERIA, INC., on behalf of itself and its employees, successors,
assigns and agents, and for those claiming by, through or under any
of them, hereby release the Plaintiff, its officers, elected officials,
employees and agents from any and all claims and demands for loss,
liability, expense, cost or damage, whether to person or property,
including without limitation, reasonable attorney's fees and litigation
costs which may be incurred in connection herewith, that may arise
from the operations on, occupation of, or use of the subject property
by JUDY'S PIZZERIA, INC., their successors, employees, invitees,
and agents. JUDY'S PIZZERIA, INC. hereby agrees to indemnify,
defend and hold harmless the Plaintiff from any and all liability, loss,
claim, demand, lien, or other cost or expense, including without
limitation, reasonable attorney's fees and litigation costs, incurred by
the Plaintiff for injuries to person (including, without limitation, loss of
life) and for damage, destruction, or theft of property which is directly
or indirectly due to any activity, work or thing done, or the possession
of the real estate by JUDY'S PIZZERIA, INC. in and about the subject
property. JUDY'S PIZZERIA, INC. shall consult the Plaintiff in
defense of any such claim, including without limitation to, the
employment, at the sole expense of JUDY'S PIZZERIA, INC., of legal
counsel satisfactory to the Plaintiff.
i. JUDY'S PIZZERIA, INC. shall be responsible for any and all charges,
costs and expenses incurred by JUDY'S PIZZERIA, INC., in
connection with its use of the subject property, including but not
limited to gas, electric, water, sewer, garbage collection, and all other
Ef
fees and costs associated with the occupancy and use of the subject
property. JUDY'S PIZZERIA, INC. agrees that any and all costs and
expenses which are incurred by the Sellers which are associated with
the occupancy and residence of the subject property, shall be paid in
full at the time of the vacation of the premises.
j. JUDY'S PIZZERIA, INC. understands that the Plaintiff may incur
substantial costs and damages in the event that possession of the
subject property is not vacated and tendered to the Plaintiff by
August 30, 1998, or if JUDY'S, PIZZERIA, INC. breaches any
provisions contained in this Settlement Agreement. Therefore, the
Trial Court will retain jurisdiction to enforce the terms of this
Settlement Stipulation, and JUDY'S PIZZERIA, INC. agrees that if
such legal action is taken by the Plaintiff to enforce the terms of this
Settlement Stipulation, then the Plaintiff will be entitled to be paid all
reasonable costs and attorney's fees associated with enforcing the
terms of this Settlement Stipulation.
9. Once the Plaintiff is satisfied that all fees, costs, expenses and taxes have
been paid or satisfied by JUDY'S PIZZERIA, INC., after the date of vacation of the
premises, the Plaintiff agrees to allow the withdrawal of the remaining THIRTY -THREE
THOUSAND DOLLARS ($33,000) in just compensation by certain owners.
Joseph T. Morrison
Attorney for VILLAGE OF DEERFIELD
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Victor J. Cacciatore II
Attorney for Certain Owners
H. Randall Errington
Attorney for Certain Owners
Prepared By:
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
0
Jerome P. Schuetz, Sr.
Judy's Pizzeria, Inc.
By
Judith Schuetz