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R-20-11VILLAGE OF DEERFIELD RESOLUTION NO. 2020- R-20-11 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND RELEASE WITH JAMIE AND MATTHEW POLLACK RELATING TO 1549 STRATFORD ROAD WHEREAS, the Village of Deerfield is an Illinois home rule municipality; and WHEREAS, Jamie and Matthew Pollack ("Owners') are the owners of the property located at 1549 Stratford Road in the Village ("Property's; and WHEREAS, the Owners allege that they have experienced flooding on the Property and have spent money making improvements on the Property to alleviate the flooding; and WHEREAS, the Owners allege that the Village's actions may have contributed to the flooding ("Claims'); and WHEREAS, the Owners and Village desire to settle the Claims in order to avoid the time, expense, and uncertainty of litigation pursuant to the Settlement Agreement and Release ("Agreement'); and WHEREAS, pursuant to the Agreement, the Owners will grant the Village a drainage easement over a portion of the Property; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to approve the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves the Agreement by and between the Village and the Owners in substantially the form attached to this Resolution as Exhibit A. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Village Board hereby authorizes and directs the Village Manager and Director of Public Works and Engineering to execute, on behalf of the Village, the Agreement and Plat of Easement attached thereto. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Jester, Oppenheim, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: Seiden PASSED: March 16, 2020 APPROVED: March 17, 2020 RESOLUTION NO: R-20-11 Harriet Rosenthal, Mayor ATTEST: K nt S. Street, Village Clerk EXHIBIT A AGREEMENT Prepared by and, after recording, return to: Peter M. Friedman Elrod Friedman LLP 325 N. LaSalle Street, Suite 450 Chicago, Illinois 60654 (312) 528-5200 Above Space for Recorder's Use Only SETTLEMENT AGREEMENT AND RELEASE (1549 Stratford Road, Deerfield, Illinois) SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into this day of , 2020, by and between Jamie L. Pollack and Matthew Pollack (collectively, "Owners' and the Village of Deerfield, Illinois, an Illinois home rule municipal corporation ("Village') (collectively, Owners and the Village are the "Parties'). WHEREAS, Owners are the owners of the property commonly known as 1549 Stratford Road, Deerfield, Illinois, which is property is legally described in Exhibit A ("Property's attached hereto and incorporated herein; and WHEREAS, Owners allege that: (i) they have experienced flooding on the Property caused by construction on nearby properties pursuant to building permits issued by the Village to nearby properties and because the Village failed to more adequately enforce the "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended to prevent such flooding; and (ii) they have spent money making improvements on the Property to alleviate flooding on the Property (collectively, "Claims'); and WHEREAS, the Village disputes any liability or responsibility for the Claims; and WHEREAS, in order to avoid the time, expense, and uncertainty of litigation, the Parties desire to fully and finally settle the Claims alleged by Owners, as well as all other actual and potential claims between and among the Parties arising out of or in any way related to the Property, without the Parties thereby admitting any unlawful activity or liability to each other; Now, therefore, in consideration of the recitals set forth above and mutual promises hereinafter set forth, and for other good and valuable consideration stated herein, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Payment. In consideration of the undertakings in this Agreement, including the release of all claims against the Village by Owners, the Village agrees to pay the total sum of $15,000.00 to Owners, to be delivered to Owners within 10 business days after both Parties execute (i) this Agreement and (ii) the Plat of Easement attached hereto as Exhibit B ("Plat of Easement'). 2. Grant of Drainage Easement. Within five days after the last of the Parties has executed this Agreement and Plat of Easement, Owner shall cause the Plat of Easement to be recorded against the Property with the Recorder of Deeds of Lake County, Illinois. Owner further acknowledges and agrees that it shall not convey the Property or take any action that would diminish or impair the Village's rights provided in the Plat of Easement prior to the recording of the Plat of Easement. 3. Release by Owners. Owners, for and on behalf of themselves, their heirs, successors and assigns, acknowledge full and complete satisfaction of, and fully and forever releases, acquits, and discharges the Village, its respective heirs, executors, officers, directors, employees, personal representatives, successors and assigns (collectively, "Village Releasees' from any and all claims, causes of action, demands, liabilities, damages, obligations, and debts (collectively referred to as "Claims'), of every kind and nature, whether known or unknown, suspected or unsuspected, or fixed or contingent, which Owners and any subsequent owners of the Property hold or at anytime previously held against the Village Releasees, or any of them, arising out of or in any way related to the Claims or any flooding that has occurred or may occur on the Property (with the exception of breaches of this Agreement). 4. No Admission of Liability. It is understood and agreed that execution of this Agreement and obligations of the Village hereto shall not be construed as an admission of liability on the part of the Village or its Releasees, or any of them. 5. Breach of Agreement. The Parties understand and agree that if any of them is found by a court of law to have breached any provision of this Agreement, then the breaching party shall be liable to the other Parties for all damages caused by the breach, including, but not limited to, all costs and attorney's fees incurred by said parties in enforcing their rights hereunder. 6. Covenants Running with the Land. The rights and obligations set forth in this Agreement shall be rights, obligations, and covenants which run with the Property, and are binding upon and inure to the benefit of the Owners and the Village, and their respective heirs, executors, administrators, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them. This Agreement shall be recorded against the Property. If any of the rights, restrictions, agreements or covenants created by this Agreement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such easements, rights, restrictions, agreements or covenants shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current Governor of the State of Illinois. Owners hereby consent to this Agreement being recorded against the Property. 7. Severability. The provisions of this Agreement are fully severable. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability will not affect the validity or enforceability of any of the other provisions of the Agreement. 8. Entire Agreement; Modification. This Agreement constitutes the sole and entire agreement between the Parties with respect to the subject matter hereof, supersedes any and all prior or contemporaneous agreements, discussions or representations, oral or written, with respect to said subject matter; and cannot be amended except in a writing which specifically refers to this Agreement and is signed by each of the Parties hereto. 9. Governing Law and Jurisdiction. The Parties agree that the venue for any disputes relating to this Agreement or the subject matter thereof shall be the Circuit Court of Lake County, Illinois. This Agreement and any amendments hereto shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to choice of law principles. 3 10. Non -Waiver. The failure of any Party to this Agreement to exercise or enforce any provisions of this Agreement on one or more occasions will not be deemed a waiver of such provision, nor will a waiver of any provision on one occasion affect a party's right to enforce such provision fully on other occasions. Any waiver must be in writing and signed by the party waiving its right in order to be valid and enforceable. 11. Representation by Counsel and Drafting. The parties hereto acknowledge that they have either been represented by or had access to competent legal counsel of their own choosing both in connection with Claims and in connection with the negotiations, drafting, and execution of this Agreement. Accordingly, the language used in this Agreement will be deemed to be language chosen by all parties to express their mutual intent, and no rule of strict construction against any party will apply to any term or condition of this Agreement. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall constitute a single instrument. 13. Captions. The section headings in the Agreement are for convenience and reference only and shall not in any way affect the meaning or interpretation of the Agreement. 14. Warranty of Authority. Each party executing this Agreement warrants to the other that it has the authority to act for and bind the party for which/whom it executes this Agreement. Owners further warrants to the Village that they are the owners of the Property at the time they execute and record this Agreement. [Signatures on following page] 4 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed as of the date and year first above written. JAMIE L. POLLACK: STATE OF ILLINOIS ) ) SS. COUNTY OF ) ACKNOWLEDGMENT I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Jamie L. Pollack, personally known to me, appeared before me this day in person and acknowledged that in such capacity she signed and delivered the said instrument, as her free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _ day of March, 2020. NOTARY PUBLIC IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed as of the date and year first above written. MATTHEW POLLACK: STATE OF ILLINOIS ) ) SS. COUNTY OF ) ACKNOWLEDGMENT I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Matthew Pollack, personally known to me, appeared before me this day in person and acknowledged that in such capacity he signed and delivered the said instrument, as his free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _ day of March, 2020. NOTARY PUBLIC CI IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed as of the date and year first above written. VILLAGE OF DEERFIELD, an Illinois home rule municipality: By: _ r Name: Kent S. Street Its: Village Manager STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) ACKNOWLEDGMENT I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Kent S. Street personally known to me to be the Village Manager of the Village of Deerfield, an Illinois home rule municipality, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that in such capacity he signed and delivered the said instrument pursuant to authority given to him for said limited liability company, as his free and voluntary act, and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this Ifo day of March, 2020. NOTARY PUBLIC EXHIBIT A LEGAL DESCRIPTION LOT 5 IN BLOCK 1 IN BRANIGAR BROTHERS WOODLAND PARK, A SUBDIVISION OF PARTS OF THE NORTH HALF OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 5, 1924 AS DOCUMENT 243980 IN BOOK "M" OF PLATS, PAGES 84 AND 85, IN LAKE COUNTY, ILLINOIS. COMMONLY KNOWN AS 1549 STRATFORD ROAD, DEERFIELD, ILLINOIS P.I.N. 16-29-106-005 EXHIBIT B PLAT OF EASEMENT PLAT OF EASEMENT 5' Drainage Easement LOT 5 IN BLOCK I IN BRANIGAR BROTHERS WOODLAND PARK, A SUBDMSIONOF PARTS OF THE NORTH HALF OF SECTION 29. TOWNSHIP 43 NORTH, RANGE 12, EAST Of THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PUT THEREOF RECORDED AUGUST 5, 1924 AS DOCUMENT 243980 IN BOOK "M" OF PLATS, PAGES 84 AND 85, IN LAKE COUNTY, ILLINOIS. COMMONLY KNOWN AS: 1549 STRATFORD ROAD, DEERFIELD, ILLINOIS. N WTV E SCALE: 1'=90' VILLAGE CERTIFICATE STATE OF ILLINOIS) COUNTY OF W(E) SS APPROVED BY THE VILLAGE ENGINEER OF THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS THIS -___ DAY OF _______ ____-. 2020 VILLAGE ENGINEER, DEERFIELD, ILLINOIS OWNER CERTIFICATE STATE OF ILLINOIS) COUNTY OF LAKE) SS THIS IS TO CERTIFY THAT I, ___ AM THE SOLE OWNER OF THE LAND DESCRIBED ABOVE, AND THAT NO OTHER PERSON HAS ANY RIGHT, INTEREST OR TITLE IN SAID PROPERTY, AND THAT AS SUCH OWNER HAS CAUSED THE SAME TO BE SURVEYED AS INDICATED THEREON FOR THE USES AND PURPOSES THERE IN SET FORTH, AND DO HEREBY EXECUTE THIS PLAT OF DEDICATION. ' Lot 4 ' BRANIGAR BROTHERS WOODLAND PARK SUBDIVISION I N89'42'33"E Rec.209.1'—Meos.209.35' Lot 5 BRANIGAR BROTHERS WOODLAND PARK SUBDIVISION 5' DRAINAGE EASEMENT HEREBY DEDICATED T - Rec.220.2'—Meas.219.89' N89141'04"E Lot 6 BRANIGAR BROTHERS WOODLAND PARK SUBDIVISION DRAINAGE EASEMENT PROVISIONS EASEMENT IS RESERVED FOR THE VILLAGE OF DEERFIELD OVER ALL AREAS MARKED "DRAINAGE EASEMENT" ON THE PLAT FOR THE PERPETUAL RIGHT, PRIVILEGE AND AUTHORITY TO CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATE VARIOUS DRAINAGE IMPROVEMENTS TOGETHER WITH ANY AND ALL NECESSARY STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO GRANTED TO CUT DOWN AND TRIM OR REMOVE ANY FENCES, TEMPORARY STRUCTURES, TREES, SHRUBS, OR OTHER PLANTS WITHOUT NEED FOR PROVIDING COMPENSATION THEREFORE ON THE EASEMENT THAT INTERFERE WITH THE OPERATION OF THE DRAINAGE. THIS EASEMENT IS INTENDED TO ALLOW FOR THE VILLAGE TO MAINTAIN THE FUNCTION OF THE DRAINAGE EASEMENT AREA AND DOES NOT CONSTITUTE ANY VILLAGE OWNERSHIP OF ANY IMPROVEMENTS WITHIN THE EASEMENT AREA Lot 4 WOODLAND MINOR SUBDIVISION F_ Lot 5 WOODLAND MANOR SUBDIVISION Lot 6 WOODLAND MANOR SUBDIVISION o2128AO DOLAND ENGINEERING, LLC -CIVIL EAGINEERINC - LAND SURVEYING - LAND PLANNING - 334 EAST COLFAX STREET, SUITE C PALATINE, ILLINOIS 60067 (847) 991-5088 (847) 934-3427 FAX