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R-99-14RESOLUTION NO. R -99 -14 A RESOLUTION AUTHORIZING THE SETTLEMENT OF LITIGATION 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 lecessary, for the purpose of acquiring real estate for downtown redevelopment purposes pursuant to the provisions of 5111 -61 -1 and 5/11- 74.4 -4 of Chapter 65. of the 1996 Illinois Compiled Statutes; and WHEREAS, by Ordinance No. 0- 98 -08, 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 -08, an action in eminent domain was filed to acquire certain parcels of land commonly known as 724 -734, 750 and 760 Waukegan Road, Deerfield, Illinois (Healy Buildings) and legally described in Exhibit A; and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. Firstar Bank Illinois Under Trust Agreement dated September 24, 1987 and Known as Trust No. 544, etal.; and WHEREAS, the Village of Deerfield has filed a Motion for Immediate Vesting of Title, and had approved the payment of $3,837,550 as preliminary just compensation as authorized by the Mayor and Board of Trustees on July 20, 1998; and WHEREAS, all remaining matters at issue in the Litigation have been resolved between the parties thereon upon the terms and conditions more specifically set forth in Exhibit B 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: SECTION The terms and conditions of the settlement of the Litigation known as ONE: 98 ED 15, as set forth in the Settlement Stipulation attached hereto as Exhibit B are hereby approved and Special Counsel for the Village of Deerfield, Leo Cinquino, 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 the final just compensation of $3,750,000, according to the terms of the Settlement Stipulation. RESOLUTION NO. R -99- 14 A RESOLUTION AUTHORIZING THE SETTLEMENT OF LITIGATION WITHIN THE SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA SECTION Special Counsel for the Village of Deerfield, Leo Cinquino, is hereby TWO: authorized and directed to obtain a final judgement 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 Deerfield, Leo THREE: Cinquino, 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 B attached hereto, and to confirm proper title had been vested in the Village of Deerfield. AYES: Ragona,.Rosenthal, Seiden, Forrest (4) NAYS: None (0 ) ABSENT: Swanson (1) RECUSED: Harris (1) PASSED this 2nd day of August , A.D., 1999. APPROVED this 2nd day of August , A.D., 1999. Village President EXHIBIT A PARCEL 6: LOT 7 IN THE DEERFIELD COMMONS BEING A CONSOLIDATION OF PARTS OF LOTS ' 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD, IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES. PARCEL 7: LOT 6 IN THE "DEERFIELD COMMONS" BEING A CONSOLIDATION OF PARTS OF LOTS-4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813 IN BOOK 34 OF PLATS, PAGE 99., IN LAKE COUNTY; ILLINOIS; EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES. PARCEL 8: LOT 5 IN THE "DEERFIELD COMMONS" BEING A CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES. 4 STATE OF ILLINOIS -7 SUL p 61999 COUNTY OF LAKE ) IN THE CIRCUIT COURT OF THE N12 ft JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a Municipal Corporation and a Home Rule Unit of Government, Plaintiff, Vs. Firstar Bank Illinois, f /k /a Deerfield State Bank, as Trustee under Trust Agreement dated September 24, 1987 and known as Trust No. 544, et al., Defendants. FINAL JUDGMENT ORDER Gen. No. 98 ED 15 Jury Demanded Parcels 6, 7, and 8 This cause coming on to be heard on the amended complaint to condemn of the VILLAGE OF DEERFIELD, for the ascertainment of the just compensation to be made for the taking by plaintiff of the fee simple title to the real property described in said amended complaint to condemn; And the plaintiff appearing by LEO N. CINQUINO and CELESTE P. CINQUINO of RIGHEIMER MARTIN & CINQUINO, P.C.; And the defendants appearing as follows: DON E. GLICKMAN and JAMES A. FLESCH of GORDON GLICKMAN & FLESCH appearing on behalf of Fa Liang Chen d /b /a Empire Chinese Restaurant; STEVEN A. GROSSMAN appearing on behalf of Coldwell Banker and Sandra Ross; -1- PAUL T. FOX of GREENBERG TRAURIG and THOMAS W. DIVER of DIVER, GRACH, QUADE & MASINI appearing on behalf of James A. Healy, individually and as trustee, Diane M. Healy, individually and as trustee, Carr Realty, Inc., Firstar Bank Illinois as trustee, and Northern Trust Bank /Lake Forest; JOSEPH E. KOLAR of BAIZER & KOLAR PC on behalf of Union Drainage District No. 1; THEODORE D. KUCZEK; STEVEN H. PECK; PATRICK PONTARELLI on behalf of Red -L, Inc. d /b /a World Wide Liquor; RODERICK F. MOLLISON on behalf of Joseph A. Bertram individually and Joseph A. Bertram Insurance Agency d /b/ Farmer's Insurance Agency; RICHARD L. GAYLE of ROBBINS, SALOMON & PATT, LTD.on behalf of Michael Thomas, Inc.; LOWELL F. BERMAN and CONCRETE CONTRACTORS ASSOCIATION OF GREATER CHICAGO having been voluntarily dismissed; and Defaults having been entered against all other parties; And it appearing to the court that all parties defendant to this proceeding have been served with process in the manner and form as provided for by statute or have entered their appearances, been dismissed or have been defaulted, and that the court has jurisdiction of the subject matter of this proceeding and of all parties interested thereto; And the parties hereto, through their attorneys RIGHEIMER MARTIN & CINQUINO for THE VILLAGE OF DEERFIELD and PAUL T. FOX of GREENBURG AND TRAURIG and THOMAS W. DIVER of DIVER, GRACH, QUADE & MASINI on behalf of James A. Healy, individually and as trustee, Diane M. Healy, individually and as trustee, Carr Realty, Inc., Firstar Bank Illinois as trustee, and Northern -2- Trust Bank /Lake Forest, DONALD GLICKMAN and JAMES A. FLESCH of GORDON GLICKMAN & FLESCH on behalf of Fa Liang Chen d /b /a Empire Chinese Restaurant, and STEVEN A. GROSSMAN on behalf of Coldwell Banker and Sandra Ross appearing before the court and representing that they have entered into a stipulation to settle this matter as follows: that a trial of this cause by jury is waived; that a view of the property is waived; that the payment of costs and interest, if any, on the amount awarded by the court is waived; that the parties waive their right to appeal this final judgment order and agree to be bound by the terms of this final judgment order; that the just compensation for the fee simple title to the subject property known as Parcels 6, 7, and 8 is Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00); The court further finds that the tenant Fa Liang Chen d /b /a Empire restaurant is entitled to $70,000.00 as its share of the aforesaid final compensation of $3,750,000.00 and that Coldwell Banker, Sandra Ross is entitled to $75,000.00 as its share of the aforesaid final compensation of $3,750,000.00. And the court having approved the aforementioned stipulation; And it appearing to the court that the subject property is legally described as set forth in Exhibit A attached hereto and made a part hereof; And it further appearing to the court and from the record in this cause that a motion was heretofore made herein by the -3- plaintiff for the immediate vesting of title in plaintiff of Parcels 6, 7, and 8 pursuant to the statutes in such case made and provided by virtue whereof, and on the 15th day of July, 1998, the court found, adjudged and decreed the amount of the preliminary just compensation for the taking of Parcels 6, 7, and 8 to be a total of Three Million Eight Hundred Thirty -seven Thousand Five Hundred Fifty and no /100 Dollars ($3,837,550.00) as follows; Parcel 6 $457,950.00; Parcel 7 $320,000.00; Parcel 8 $3,059,600.00; that the plaintiff deposited with the Lake County Treasurer the sum so found to be preliminary just compensation; that on the 5th day of August, 1998, the court ordered that plaintiff be vested with fee simple title to said Parcels 6, 7, and 8, that on August 25, 1998 pursuant to court order defendants Healy withdrew $457,950.00 as to Parcel 6, that on September 23, 1998 defendants withdrew the sum of $320,000.00 for Parcel 7, and $3,059,600.00 for Parcel 8 and did authorize plaintiff to take possession thereof and defendant, Fa Liang Chen d /b /a Empire Chinese Restaurant, was awarded $23,760.00 as its share of preliminary just compensation for its rights as a tenant; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the sums of money herein awarded by the court to the owner or owners of and party or parties interested in said real property described in Exhibit A is just.compensation to the owner or owners thereof and party or parties interested therein for the taking of said real property, and judgment is herein entered accordingly. -4- IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the court that defendant James and Diane Healy shall tender the sum of $87,550.00 by (- check payable to the Village of Deerfield contemporaneous with the entry of this order, the sum of $75,000.00 to Coldwell Banker, Sandra Ross and $46,240.00 as the balance due to Fa Liang Chen d /b /a Empire Chinese Restaurant the sum of, $87,550.00, represent the amount by which preliminary compensation exceeded final just compensation and pursuant to order James and Diane Healy are responsible for said refund to Village of Deerfield. Further, the sums paid to the tenants represent the amount by which their share of final just compensation exceeded preliminary compensation distributed to those tenants, and these sums are the responsibility of James and Diane Healy; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants James Healy and Diane Healy are responsible to pay any party or parties for any right said party or parties tenant and found to have to share in the final just compensation of Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00). That James Healy and Diane Healy have paid all claims made before this court; IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the court that said sums having been tendered to the Village of Deerfield, Fa Liang Chen d /b /a Empire Chinese Restaurant and Coldwell Banker, Sandra Ross this judgment order is fully satisfied. -5- IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the court that this court shall retain jurisdiction to ensure compliance with this order and the terms of the stipulation entered into by the parties. DATED: JUDGE LEO N. CINQUINO CELESTE P. CINQUINO RIGHEIMER MARTIN & CINQUINO P.C. 135 South LaSalle Street Chicago, Illinois 60603 (312) 726 -5646 AGREED TO: VILLAGE OF DEERFIELD By Leo N. Cinqui o, Esq. T 1 t I hereby certify the above o be correct. - D.ated: i � ee o e /6i\(,-irot,�it Court) Clerk of the Circuit Court of L_a1k6—Cb)1 rat\ Illinois LIM FA LIANG CHEN D /B /A EMPIRE CHINESE RESTAURANT By: Don E. Glickman, Esq. COLDWELL BANKER, SANDRA ROSS By: Steven A. Grossman, Esq. GREENBERG TRAURIG By: Paul T. Fox, Esq. -6- M EXHIBIT A PARCEL 6: LOT 7 IN THE DEERFIELD COMMONS BEING A CONSOLIDATION OF PARTS OF LOTS *4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD, IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES. PARCEL 7: LOT 6 IN THE "DEERFIELD COMMONS" BEING A CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813 IN BOOK 34 OF PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES. PARCELS: LOT 5 IN THE "DEERFIELD COMMONS" BEING A CONSOLIDATION OF PARTS OF LOTS 4 AND 5 IN PHILEMAN CADWELL'S ADDITION TO DEERFIELD IN SECTIONS 33 AND PART OF THE NORTHEAST 1/4 OF SECTION 32, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 27, 1959 AS DOCUMENT 1018813, IN BOOK 34 OF PLATS, PAGE 99, IN LAKE COUNTY, ILLINOIS; EXCEPT FOR THOSE LANDS PREVIOUSLY DEDICATED OR ACQUIRED FOR PUBLIC PURPOSES.