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R-99-08RESOLUTION NO. R -99- O8 A RESOLUTION AUTHORIZING THE SETTLEMENT OF LITIGATION AND PURCHASE OF REAL ESTATE WITHIN THE SOUTH COMMONS PROJECT 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- 99 -09, 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 in the area commonly referred to as the "South Commons;" and WHEREAS, pursuant to Ordinance No. 0- 99 -09, an action in eminent domain was filed to acquire certain parcels of land commonly known as 705 and 713 Central Ave., Deerfield, Illinois (Bernardi Parcels); and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. Bernardi, et al., No. 99 ED 4 (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 998 ED 4, 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 $450,000.00, according to the terms of the Settlement Stipulation. SECTION Special Counsel for the Village of Deerfield, Joseph T. TWO: Morrison, is hereby authorized and directed to obtain a final judgment order in the Litigation consistent with the terms and RESOLUTION NO. R -99 -08 conditions set forth on Exhibit A attached hereto. SECTION Village Manager and Special Counsel for the Village of THREE: Deerfield, Joseph T. Morrison, are hereby authorized and directed to take such other actions as may be required to fully effectuate the terms and conditions of the settlement of the Litigation as set forth on Exhibit A attached hereto to assure proper title be vested in the Village of Deerfield. AYES: Harris, Heuberger, Ragona, Seiden, Swanson (5) NAYS:. None (0 ). ABSENT: Rosenthal (1) PASSED this 17Jdy of May, A.D., 1999 APPROVED this17(jgy o$KaY, A.D., 1999. VILLAGE PRESIDENT VIL&GE CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal ) corporation, } Plaintiffs, ) vs. ) WANDA L. BERNARDI, as Trustee under ) a declaration of trust dated the 15`h day of ) November, 1990, and UNKNOWN ) OWNERS, ) Defendants. ) No. 99 ED 4 SETTLEMENT STIPULATION NOW COMES the VILLAGE OF DEERFIELD, a municipal corporation, by and through its attorneys, MORRISON & MORRISON, P.C., and the Defendant, WANDA L. BERNARDI, as Trustee under a declaration of trust dated the 151 day of November, 1990, (hereinater "Owner") by her attorney, Thomas D. Resnick, 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 FIFTY THOUSAND AND NO /100 DOLLARS ($450,000.00). No costs or interest shall be allowed or added thereto, all costs and interests having been waived, and the Parties 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 60 days after the entry of judgment order. -1- 2. The Plaintiff will default "UNKNOWN OWNERS" for failure to appear after due notice by publication. 3. Owner represents and agrees that all leasehold interests have been terminated, and all tenants will have vacated the property as of July 1, 1999. 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. Plaintiff will not deposit the just compensation prior to July 1, 1999, without the consent of the Owner. 5. Owner represents and agrees that any fees for work done on or at the property described in the Complaint to Condemn, or any other fees or charges associated with the property will be paid by July 1, 1999, and Owner has not taken, nor will take no action which might result in a possible mechanic's lien or other liens being asserted against the property. 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 -2- Thomas D. Resnick Attorney for Defendant/ Owner