R-98-20RESOLUTION NO. R -98- 20
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 704 Waukegan Road, Deerfield, Illinois (Alley Cleaners Building); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Linari, et al., No. 98 ED 14 (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 approve 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 14, 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. The Village of Deerfield shall acquire
the real estate described in the Litigation for $710,000.00,
according to the terms of the Settlement Stipulation.
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: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0 )
ABSENT: Ehlers (1)
PASSED this 61 day of July, A.D., 1998.
APPROVED this 6' day of July, A.D., 1998.
h
VILLAGE PRESIDENT
VI&LAGE CLERK
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 14
HILDA LINARI, individually and as Trustee
under Trust Agreement dated July 15,
1991, and known as the HILDA LINARI
Self Declaration of Trust; KEY MOON KIM
d /b /a ALLEY CLEANERS; DEERFIELD
HEATING AND AIR CONDITIONING; 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, HILDA
LINARI, individually and Trustee under Trust Agreement dated July 15, 1991, and known
as the HILDA LINARI Self Declaration of Trust (hereinafter "Linari defendants "), by their
attorneys, Burke and Ryan; KEY MOON KIM d /b /a ALLEY CLEANERS (hereinafter "Alley
Cleaners "), by its attorney Sheldon Belofsky; 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 SEVEN HUNDRED TEN THOUSAND AND NO /100 DOLLARS
($710,000.00). No costs or interest shall be allowed or added thereto, all costs and
interests having been waived, and the Parties agree to waive 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 as follows:
-1- EXHIBIT A
s
1. The just compensation shall be deposited by the Plaintiff with the Treasurer
of Lake County, Illinois, within 30 days after the entry of judgment order.
2. Alley Cleaners will be entitled to withdraw $10,000.00 of the deposit of just
compensation, and the Linari defendants shall be allowed to withdraw the remaining
deposit of just compensation, all in accordance with a duly executed Application to
Withdraw Funds.
3. The Plaintiff will default Defendants DEERFIELD HEATING AND AIR
CONDITIONING 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 will have vacated the property as of July 30, 1998 with the
exception of the following:
KEY MOON KIM d /b /a ALLEY CLEANERS
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.
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. KEY MOON KIM d /b /a ALLEY CLEANERS will be allowed to remain in
possession of that portion of the building which it currently occupies, subject to the
following:
-2-
a. KEY MOON KIM d/b /a ALLEY CLEANERS shall be allowed to remain
in possession of the property until the earlier to occur of (a) the date
on which KEY MOON KIM d /b /a ALLEY CLEANERS vacates the
subject property; or (b) April 1, 1999.
b. KEY MOON KIM d /b /a ALLEY CLEANERS acknowledges that it has
knowledge of the subject property and agrees to continue its
occupancy in full knowledge of its current condition. KEY MOON KIM
d /b /a ALLEY CLEANERS understands and agrees that it is accepting
the condition of the real estate in an "as is" condition.
C. KEY MOON KIM d /b /a ALLEY CLEANERS shall have no right to
lease or sublease any portion of the real estate during its period of
possession. KEY MOON KIM d /b /a ALLEY CLEANERS shall only
have the right to use the real estate to conduct its current business
and for no other use.
d. KEY MOON KIM d /b /a ALLEY CLEANERS 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.
KEY MOON KIM d/b /a ALLEY CLEANERS understands and agrees
the Plaintiff will not be making any repairs to the interior or exterior of
the building. Therefore, KEY MOON KIM d /b /a ALLEY CLEANERS
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 KEY MOON KIM d /b /a ALLEY
CLEANERS.
e. KEY MOON KIM d /b /a ALLEY CLEANERS shall maintain complete
insurance for liability concerning their use of the premises, and for
any of the personal property of the KEY MOON KIM d /b /a ALLEY
CLEANERS in a form acceptable to the Plaintiff. KEY MOON KIM
d /b /a ALLEY CLEANERS shall have provided proof of such insurance
prior the withdrawal of just compensation.
f. 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 KEY
MOON KIM d /b /a ALLEY CLEANERS, and at reasonable times, to
conduct surveys, soil tests or borings, environmental studies, or other
similar tests or investigations.
g. KEY MOON KIM d /b /a ALLEY CLEANERS 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
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remaining in the property after the date that KEY MOON KIM d /b /a
ALLEY CLEANERS vacates possession will become the sole and
exclusive property of the Plaintiff.
h. KEY MOON KIM d /b /a ALLEY CLEANERS 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 KEY MOON KIM d /b /a
ALLEY CLEANERS, its employees, successors, invitees, assigns and
agents. Furthermore, KEY MOON KIM d /b /a ALLEY CLEANERS, 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 KEY
MOON KIM d/b /a ALLEY CLEANERS, their successors, employees,
invitees, and agents. KEY MOON KIM d /b /a ALLEY CLEANERS
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 KEY
MOON KIM d /b /a ALLEY CLEANERS in and about the subject
property. KEY MOON KIM d/b /a ALLEY CLEANERS shall consult the
Plaintiff in defense of any such claim, including without limitation to,
the employment, at the sole expense of KEY MOON KIM d/b /a ALLEY
CLEANERS, of legal counsel satisfactory to the Plaintiff.
i. KEY MOON KIM d /b /a ALLEY CLEANERS shall be responsible for
any and all charges, costs and expenses incurred by KEY MOON KIM
d /b /a ALLEY CLEANERS, in connection with its use of the subject
property, including but not limited to gas, electric, water, sewer,
garbage collection, and all other fees and costs associated with the
occupancy and use of the subject property. KEY MOON KIM d /b /a
ALLEY CLEANERS 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.
-4-
KEY MOON KIM d /b /a ALLEY CLEANERS 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 April 1, 1999, or if KEY MOON KIM d /b /a ALLEY
CLEANERS breaches any provisions contained in this Settlement
Agreement. Therefore, the Trial Court will retain jurisdiction to enforce
the terms of this Settlement Stipulation, and KEY MOON KIM d /b /a
ALLEY CLEANERS 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.
k. KEY MOON KIM d /b /a ALLEY CLEANERS understands that the
terms of this -n agreement may be assigned by the VILLAGE OF
DEERFIELD and consents to that assignment.
KEY MOON KIM d/b /a ALLEY CLEANERS shall pay to the VILLAGE
OF DEERFIELD or its assigns a reasonable rental in the amount of
TWO THOUSAND FIVE HUNDRED DOLLARS ($2,000.00) for each
month of possession. The first payment will be due seven days after
the date of deposit, and the following monthly payments will be made
on the same day of each successive month.
Joseph T. Morrison William Ryan
Attorney for VILLAGE OF DEERFIELD Attorney for Linari defendants
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847 - 244 -2660
-5-
By
Sheldon Belofsky
Attorney for Alley Cleaners
KEY MOON KIM
ALLEY CLEANERS
KEY MOON KIM