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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 -1- 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. -2- 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 -3- 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 -5- 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