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R-00-04RESOLUTION NO. R -00 -04 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 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 -20, 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 -20, an action in eminent domain was filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -20 and commonly known as 750 Central Avenue, Deerfield, Illinois (H.D. Electric); and WHEREAS, said eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. H.D. Electric Company, et al., No. 98 ED 23 (hereinafter "Litigation "); and WHEREAS, the Village of Deerfield had filed a Motion for Immediate Vesting of Title, and had previously approved the payment of $920,000 as preliminary just compensation; and WHEREAS, an additional action in eminent domain was filed to acquire 'a certain parcel of land commonly known as 760 Osterman Avenue, Deerfield, Illinois, and said property is also owned by H.D. Electric Company (Deerfield Medical Building); and WHEREAS, this eminent domain action is currently pending in the Circuit Court of Lake County, Illinois, as Village of Deerfield v. H.D. Electric Company, et al., No. 98 ED 13 (hereinafter "Additional Litigation "); and WHEREAS, the Village of Deerfield had filed a motion for immediate vesting of title, and had previously approved the payment of $525,000 as preliminary just compensation; and WHEREAS, all remaining matters at issue in the Litigation and Additional Litigation have been resolved between the parties thereon upon the terms and conditions more specifically set forth on Exhibits A and B attached hereto and made a part hereof, and the corporate authorities of the Village of Deerfield desire to approve said terms and conditions. -1- NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKEAND COOKCOUNTIES, ILLINOIS, AS FOLLOWS: SECTION The terms and conditions of the settlement of the Litigation ONE: known as 98 ED 23, 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 the final just compensation of $935,000.00, according to the terms of the Settlement Stipulation. SECTION Special Counsel for the Village of Deerfield, Joseph T. TWO: Morrison, is hereby authorized and directed to obtain a final judgment order in the Litigation consistent with the terms and conditions set forth on Exhibit A attached hereto. SECTION The terms and conditions of the settlement of the Additional THREE: Litigation known as 98 ED 13, as set forth in the Settlement Stipulation attached hereto as Exhibit B, are hereby approved and Special Counsel for the Village of Deerfield, Joseph T. Morrison, is authorized to execute this Settlement Stipulation on behalf of the Village of Deerfield. The Village of Deerfield shall acquire the real estate described in the Additional Litigation for the final just compensation of __$.605,000.00, according to the terms of that Settlement Stipulation. SECTION Special Counsel for the Village, Joseph T. Morrison, is FOUR: authorized and directed to obtain a final judgment order in the Additional Litigation consistent with the terms and conditions set forth on Exhibit B attached hereto. SECTION Village Manager and Special Counsel for the Village of FIVE: 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 Additional Litigation set forth on Exhibits A and B attached hereto, and to confirm proper title had been vested in the Village of Deerfield. AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) -2- NAYS: None (0 ) ABSENT: None (0 ) PASSED this 2othday of March, A.D., 2000. APPROVED this 20thday of March, A.D., 2000. VI AGE CLERK W i, -3- IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal corporation, Plaintiff, vs. No. 98 ED 23 THE H.D. ELECTRIC COMPANY, an Illinois corporation; ROBERT HOFFMAN; MARK HOFFMAN; LASALLE NATIONAL TRUST, NA, as Successor Trustee to LASALLE NATIONAL BANK as Trustee under Trust Agreement dated February 5, 1985, and known as Trust No. 25 -2850- 000; LASALLE BANK NORTHBROOK; and UNKNOWN OWNERS, Defendants FINAL SETTLEMENT STIPULATION NOW COMES the Plaintiff, VILLAGE OF DEERFIELD, by and through its attorneys, Morrison & Morrison, P.C., and the Defendants, H.D. ELECTRIC COMPANY, an Illinois corporation, ROBERT HOFFMAN, MARK HOFFMAN, and LASALLE NATIONAL TRUST, NA, as Successor Trustee to LASALLE NATIONAL BANK as Trustee 'under.. Trust Agreement dated February 5, 1985, and known as Trust No. 25- 2850 -000, by and through their attorneys, Foran, Nashar & O'Toole, and hereby stipulate and agree as follows: 1. On November 6, 1998, Plaintiff filed its Complaint for Condemnation to acquire fee simple title to the property commonly known as 750 Central Avenue, Deerfield, Illinois, as legally described in the Complaint for Condemnation. 2. All of the Defendants to this proceeding have been served with process or have entered their appearances, and this Court has jurisdiction of the subject matter of this proceeding and all parties. EXHIBIT= 3. Plaintiff filed a Motion for Immediate Vesting of Title, and on March 18, 1999, this Court entered an order granting the Motion for Immediate Vesting of Title and determining the preliminary amount of just compensation to be NINE HUNDRED TWENTY THOUSAND DOLLARS ($920,000.00). 4. The Plaintiff has deposited the preliminary amount of NINE HUNDRED TWENTY THOUSAND DOLLARS -($920,000.00), and on May 5,1999, was vested with fee simple title to the real estate described in the Complaint to Condemn. 5. The parties have now agreed that the complete, total and final just compensation to be paid by the Plaintiff for the taking of the property described in the Complaint to Condemn shall be NINE HUNDRED THIRTY -FIVE THOUSAND DOLLARS ($935,000.00). 6. In consideration of the payment by the Plaintiff of the complete, total and final amount of just compensation in the amount of NINE HUNDRED TH IRTY -FIVE THOUSAND DOLLARS ($935,000.00), the Defendants, H.D. ELECTRIC COMPANY, ROBERT HOFFMAN, MARK HOFFMAN, and LASALLE NATIONAL TRUST, NA, as Successor Trustee to LASALLE NATIONAL BAN K as Trustee under Trust Agreement dated February 5, 1985, and known as Trust No. 25- 2850 -000, hereby release and forever discharge the VILLAGE OF DEERFIELD from any and all claims and demands of any type or nature arising out of the taking of the property described in the Complaint to Condemn. 7. The Plaintiff has already deposited the sum of NINE HUNDRED TWENTY THOUSAND DOLLARS ($920,000.00) with the Treasurer of Lake County, and the parties agree that within 60 days of the date of the final judgment order, Plaintiff shall deposit with -2- the Treasurer of Lake County the additional sum of FIFTEEN THOUSAND DOLLARS ($15,000.00), for the benefit of the Defendants, and all other persons who are or who may be interested in the real estate described in the Complaint to Condemn. 8. The Defendants waive any claim for the payment of interest or costs on the additional amount which has not already been paid by the Plaintiff. 9. The parties hereby waive any right to a view of the premises, trial by jury, and consent to an entry of a judgment order in accordance with this stipulation. 10. The parties agree that the final judgment order will provide that the trial court will retain jurisdiction over this matter to determine the claims to the amount of just compensation which has been paid in this matter, but in no event shall the Plaintiff be required to deposit any amount in addition to FIFTEEN THOUSAND DOLLARS ($15,000.00) as a result of said claims which may be made by the parties. The Defendants hereby agree and stipulate that, upon payment of the $15,000 to the Treasurer of Lake County, Illinois, the Plaintiff will have paid the complete and total amount of just compensation due all parties for the taking of the property described in the Complaint to Condemn. 11. The parties agree that this Stipulation is entered into voluntarily, and both parties have had the advice of counsel prior to the execution of this Stipulation, and that the respective attorneys for each party have been authorized to execute this Stipulation. M Joseph T. Morrison, Attorney for Plaintiff -3- Prepared by: Joseph T. Morrison MORRISON & MORRISON, P.C. 32 N. West St. Waukegan, IL 60085 847 - 244 -2660 Attorney No. 6182078 By John Foran, Attorney for Defendants !l IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS VILLAGE OF DEERFIELD, a municipal corporation, Plaintiff, vs. No. 98 ED 13 THE H.D. ELECTRIC COMPANY, an Illinois corporation; LASALLE BANK/ NORTHBROOK; DEERFIELD MEDICAL ASSOCIATES, INC.; and UNKNOWN OWNERS, Defendants. FINAL SETTLEMENT STIPULATION NOW COMES the Plaintiff, VILLAGE OF DEERFIELD, by and through its attorneys, Morrison & Morrison, P.C., and the Defendant/Owner, H.D. ELECTRIC COMPANY, an Illinois corporation, by and through its attorneys, Foran, Nashar & O'Toole, and the Defendant/Lessee, DEERFIELD MEDICAL ASSOCIATES, INC., by and through its attorneys, Ice, Miller, Danadio & Ryan, and hereby stipulate and agree as-follows: 1. On March 27, 1998, Plaintiff filed its Complaint for Condemnation to-acquire fee simple title to the property commonly known as 760 Osterman Avenue, Deerfield, Illinois, as legally described in the Complaint for Condemnation. 2. All of the Defendants to this proceeding have been served with process or have entered their appearances, and this Court has jurisdiction of the subject matter of this proceeding and all parties. EXHIBIT 6 3. Plaintiff filed a Motion for Immediate Vesting of Title, and on June 25, 1998, this Court entered an order granting the Motion for Immediate Vesting of Title and determining the preliminary amount of just compensation to be FIVE HUNDRED TWENTY- FIVE THOUSAND DOLLARS ($525,000.00). 4. The Plaintiff has deposited the preliminary amount of FIVE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($525,000.00), and on August 11, 1998, was vested with fee simple title to the real estate described in the Complaint to Condemn. 5. The parties have now agreed that the complete, total and final just compensation to be paid by the Plaintiff for the taking of the property described in the Complaint to Condemn shall be SIX HUNDRED FIVE THOUSAND DOLLARS ($605,000.00). 6. In consideration of the payment by the Plaintiff of the complete, total and final amount of just compensation in the amount of SIX HUNDRED FIVE THOUSAND DOLLARS ($605,000.00), the Defendant/Owner, H.D. ELECTRIC COMPANY, and Defendant/Lessee DEERFIELD MEDICAL ASSOCIATES, INC., hereby releases and forever discharge the VILLAGE OF DEERFIELD from any and all claims and demands of any type or nature arising out of the taking of the property described in the Complaint to Condemn. 7. The Plaintiff has already deposited the sum of FIVE HUNDRED TWENTY- FIVE THOUSAND DOLLARS ($525,000.00) with the Treasurer of Lake County, and the parties agree that within 60 days of the date of the final judgment order, Plaintiff shall -2- deposit with the Treasurer of Lake County the additional sum of EIGHTY THOUSAND DOLLARS ($80,000.00), for the benefit of the Defendants, and all other persons who are or who may be interested in the real estate described in the Complaint to Condemn. 8. The Defendants waive any claim for the payment of interest or costs on the additional amount which has not already been paid by the Plaintiff. 9. The parties hereby waive any right to a view of the premises, trial by jury, and consent to an entry of a judgment order in accordance with this stipulation. 10. The parties agree that the final judgment order will provide that the trial court will retain jurisdiction over this matter to determine the claims to the amount of just compensation which has been paid in this matter, but in no event shall the Plaintiff be required to deposit any amount in addition to EIGHTY THOUSAND DOLLARS ($80,000.00) as a result of said claims which may be made by the parties. The Defendants hereby agree and stipulate that, upon payment of the $80,000 to the Treasurer of Lake County, Illinois, the Plaintiff will have paid the complete and total amount of just compensation due all parties for the taking of the property described in the Complaint to Condemn. 11. The parties agree that this Stipulation is entered into voluntarily, and both parties have had the advice of counsel prior to the execution of this Stipulation, and that the respective attorneys for each party have been authorized to execute this Stipulation. By Joseph T. Morrison, Attorney for Plaintiff -3- Prepared by: Joseph T. Morrison MORRISON & MORRISON, P.C. 32 N. West St. Waukegan, IL 60085 847 - 244 -2660 Attorney No. 6182078 John Foran, Attorney for Defendant/Owner, H. D. Electric Company By John F. Donahue, Attorney for Defendant /Lessee, Deerfield Medical Associates, Inc. 13