R-98-19RESOLUTION NO. R -98- 19
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 758 Robert York Road, Deerfield, Illinois (Deerfield Electric Building); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Galvani, et al., No. 98 ED 8 (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 8, 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 $425,000.00,
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 6' day of July, A.D., 1998.
APPROVED this 61 day of July, A.D., 1998.
VILLAGE PRESIDENT
CLERK VILAGE
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal )
corporation, )
Plaintiff, )
vs.
No. 98 ED 8
THE GALVANI FAMILY LIMITED
PARTNERSHIP, THEODORE
GALVANI, DEERFIELD ELECTRIC
CO., INC., 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, THE
GALVANI FAMILY LIMITED PARTNERSHIP, THEODORE GALVANI, DEERFIELD
ELECTRIC CO. INC. (hereinafter "Certain Owners "), by their attorneys, Burke and Ryan,
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 FOUR HUNDRED
TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($425,000.00). 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. 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.
_1_ EXHIBIT
2. The Plaintiff will default "UNKNOWN OWNERS" for failure to appear after
due notice by publication.
3. Certain Owners represent and agree that all leasehold interests have been
terminated, and all tenants or occupants will vacate the property as of August 30, 1998.
4. 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 herein set forth.
5. 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.
6. Deerfield Electric Co., Inc. will be allowed to remain in possession of that
portion of the building which it currently occupies, subject to the following:
a. Deerfield Electric Co., Inc. shall be allowed to remain in possession
of the property until August 30, 1998.
b. Deerfield Electric Co., Inc. acknowledges that it has knowledge of the
the subject property and agrees to continue its occupancy in full
knowledge of its current condition. Deerfield Electric Co., Inc.
understands and agrees that it is accepting the condition of the real
estate in an "as is" condition.
C. Deerfield Electric Co., Inc. shall have no right to lease or sublease
any portion of the real estate during its period of possession.
Deerfield Electric Co., Inc. shall only have the right to use the real
estate to conduct its current business and for no other use.
d. Deerfield Electric Co., 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. Deerfield Electric
Co., Inc. understands and agrees the Plaintiff will not be making any
repairs to the interior or exterior of the building. Therefore, Deerfield
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Electric Co., 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 Deerfield
Electric Co., Inc.
e. Deerfield Electric Co., Inc. shall maintain complete insurance for
liability concerning their use of the premises, and for any of the
personal property of the Deerfield Electric Co., Inc. in a form
acceptable to the Plaintiff. Deerfield Electric Co., Inc. 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
Deerfield Electric Co., Inc., and at reasonable times, to conduct
surveys, soil tests or borings, environmental studies, or other similar
tests or investigations.
g. Deerfield Electric Co., 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 Deerfield Electric Co., Inc. vacates
possession will become the sole and exclusive property of the
Plaintiff.
h. Deerfield Electric Co., 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 Deerfield Electric Co., Inc., its employees,
successors, invitees, assigns and agents. Furthermore, Deerfield
Electric Co., 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 Deerfield Electric Co., Inc., their successors, employees, invitees,
and agents. Deerfield Electric Co., Inc. hereby agrees to indemnify,
defend and hold harmless the Plaintiff from any and all liability, loss,
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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 Deerfield Electric Co., Inc. in and about the
subject property. Deerfield Electric Co., Inc. shall consult the Plaintiff
in defense of any such claim, including without limitation to, the
employment, at the sole expense of Deerfield Electric Co., Inc., of
legal counsel satisfactory to the Plaintiff.
Deerfield Electric Co., Inc. shall be responsible for any and all
charges, costs and expenses incurred by Deerfield Electric Co., Inc.,
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. Deerfield Electric Co., 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. Deerfield Electric Co., 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 Deerfield Electric Co., 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 Deerfield Electric Co., 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.
Joseph T. Morrison
Attorney for VILLAGE OF DEERFIELD
Prepared By:
MORRISON & MORRISON, P.C.
32 N. West Street
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
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William Ryan
Attorney for Certain Owners