HomeMy WebLinkAboutORDINANCE - 2474 - 4/9/1996 - GROVE MALL/AGREED JUDGMENT ORDERNO. 2474
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AGREED JUDGMENT ORDER IN A CONDEMNATION PROCEEDING
WHEREAS, the Village of Elk Grove Village is a Home Rule Unit
of local government pursuant to the provisions of Article VII, Sec-
tion 6 of the Illinois Constitution; and
WHEREAS, the Village pursuant to Ordinance No. 2374 has declared
the Grove Mall Shopping Center to be a blight area as defined in Sec-
tion 8-13-1 et seq. of the Village Code; and
WHEREAS, in order to abate the existing blight it is deemed ad-
visable and necessary to acquire the Grove Mall Shopping Center; and
WHEREAS, the Village pursuant to Ordinance No. 2398, authorized
the filing of an eminent domain proceeding to acquire title to the
Grove Mall Shopping Center entitled Village of Elk Grove Village v.
Serfecz, et al., 95 L 50049 filed in the Circuit Court of Cook County,
Illinois; and
WHEREAS, the Village Attorneys, at the direction of the Village
Board, have reported to the Village that they have negotiated a
settlement of the condemnation proceeding that is embodied in an
Agreed Judgment Order that is attached hereto in substantial form
and made a part hereof as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: That under the authority vested in the Corporate
Authorities of the Village Code and the Home Rule powers and other
ordinances of the Village of Elk Grove Village, it is hereby neces-
sary and desirable that the Village acquire title to and possession
of the Grove Mall Shopping Center for the purpose of eliminating
the blight which presently exists on that property and redeveloping
same in the best interest of the Village.
Section 2: That under the authority vested in the Corporate
Authorities of the Village Code and the Home Rule powers and other
ordinances of the Village of Elk Grove Village, it is hereby deter-
mined that pursuant to said powers it is necessary and desirable
that the Village shall execute the Agreed Judgment Order that is
attached hereto and made a part hereof as Exhibit A.
Section 3: That the Village President, Dennis J. Gallitano
be and is hereby authorized, empowered and directed to execute the
Agreed Judgment Order on behalf of the Village.
Section 4: That the Village President and Attorneys for the
Village are hereby authorized to take any action and execute any
document necessary to implement the terms and provisions of the
Agreed Judgment Order.
Section 5: That the Village Clerk is authorized to publish
this Ordinance in pamphlet form.
erm
Section 6: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication as
provided by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 9th day of April 1996.
APPROVED this 9th day of April 1996.
APPROVED:
Dennis J. Gallitano
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PUBLISHED this 12th day of April 1996, in pamphlet
form.
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AJO/1159-/B-ck(22')
3/29/96
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
VILLAGE OF ELK GROVE VILLAGE,
a municipal corporation,
Plaintiff, )
v. )
JOSEPH SERFECZ: GROVE PROPERTY )
MANAGEMENT, INC., UNKNOWN )
OWNERS, et al. )
Defendants.
Case No. 95 L 50049
FULL TAKING
AS AMENDED
THIS CAUSE COMING TO BE HEARD upon the First Amended
Complaint to Condemn filed by the VILLAGE OF ELK GROVE
VILLAGE, a municipal corporation (hereinafter referred to as
"Plaintiff"), for the ascertainment of just compensation to
be paid by Plaintiff for fee simple title to and the
leasehold interests in the property commonly known as the
Grove Mall property legally described on Exhibit A attached
hereto (hereinafter referred to as the "Subject Property");
And the Plaintiff appearing by its attorneys, BURKE AND
RYAN, and Defendants JOSEPH SERFECZ; GROVE PROPERTY
MANAGEMENT, INC.; MARIA SERFECZ; AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO as Successor Trustee to FIRST
CHICAGO BANK AND TRUST COMPANY OF ILLINOIS f/n/a MT.
PROSPECT STATE BANK, as Trustee u/t/a dated September 20,
1977 a/k/a Trust No. 684; AMERICAN NATIONAL BANK AND TRUST
COMPANY OF CHICAGO as Successor Trustee to FIRST CHICAGO
BANK AND TRUST COMPANY OF ILLINOIS f/n/a I -IT. PROSPECT STATE
AJO/11D96/B-ck(22'
BANK, as Trustee u/t/a dated July 20, 1983 a/k/a Trust No.
1335 (hereinafter collectively referred to as "Defendants"),
appearing by their attorneys, ROCK, FUSCO, REYNOLDS, CROWE &
GARVEY, and Defendant, JEWEL FOOD STORES (hereinafter
referred to as "JEWEL"), appearing by its attorneys
McDERMOTT, WILL & EMERY, and it appearing to the Court that
all parties defendant herein have been served with process
in the manner and form provided by statute;
And the Court having jurisdiction of all the parties to
this lawsuit and the subject matter thereof, the Plaintiff
and the Defendants having reached agreement as set forth
herein, the parties having waived a trial by jury, and the
Court having heard evidence, both oral and documentary,
pertaining to the just compensation to be paid by the
Plaintiff, and the Court being fully advised in the
premises;
THE COURT FINDS THE JUST COMPENSATION, based on the
agreement of the parties, to be paid by the Plaintiff to the
owners and party or parties interested excluding any
interest of the Plaintiff or party claiming any interest
through the Plaintiff in the Subject Property which
Plaintiff seeks to acquire as set forth in its First Amended
Complaint to Condemn and hereinafter described to be the
total sum of SIX MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS
($6,150,000.00) for the fee simple title to the Subject
Property, excluding the interest of JEWEL, WALGREENS a/k/a
WALGREENS CO. (hereinafter referred to as "WALGREENS"), the
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ASO/1159G/B-ck(22,
Citgo easement, public utilities, and public roads and
highways (collectively referred to as the excluded
interests). By agreement of the parties, full and complete
possession of the Subject Property shall be subject to the
excluded interests.
IT IS THEREFORE ORDERED AND ADJUDGED by the Court, upon
the agreement of the parties, that Plaintiff shall within
fourteen (14) days from the entry of this Agreed Judgment
Order deposit with the Treasurer of Cook County, Illinois
the sum of SIX MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS
($6,150,000.00), without interest, for the benefit of the
owners and party or parties interested in the Subject
Property as full compensation for the taking of fee simple
title to and the leasehold interests in the Subject Property
for the uses and purposes set forth in the Complaint to
Condemn;
WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that the just compensation to be paid by the Plaintiff to
the owners and party or parties interested in the Subject
Property be and is full and final satisfaction of all
takings, damages, costs and claims of the Defendants and
other parties interested in the Subject Property, except for
JEWEL and WALGREENS, and other excluded interests, arising
out of or resulting from the Plaintiff's Complaint to
Condemn and acquisition by Plaintiff of the Subject Property
and judgment is entered accordingly;
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AJO/11596/B-ck(22
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that subject to the terms, provisions and
conditions set forth herein, Plaintiff agrees not to object
to Defendants' Petition to Withdraw.
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Plaintiff is not acquiring fee simple title to
the real property legally described on Exhibit B attached
hereto (hereinafter referred to as the "Burger King Parcel")
and that Plaintiff agrees that it will vacate that portion
of its village Ordinance No. 2374 which designates the
Burger King Parcel as a blighted parcel.
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Plaintiff grants to the record owner, its
successors, assigns, grantees and lessees a non-exclusive
easement into the Subject Property for ingress and egress to
the Burger King Parcel. Plaintiff has the right to move the
easement if the driveways to the Subject Property are moved
for any reason but in all events the easement shall provide
commercially reasonable ingress and egress to the Burger
King Parcel;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that upon the Plaintiff making the deposit of just
compensation, the Defendants shall tender full and complete
possession of the Subject Property, except for that part of
the Subject Property subject to the leasehold interests of
JEWEL and WALGREENS, and other excluded interests, and other
tenants which refuse to vacate the Subject Property
4
F,Jo/11590/--cr(22)
(hereinafter collectively referred to as "Holdover
Tenants");
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Defendants shall, within seven days of the
entry of this Agreed Judgment Order, initiate required
notices to terminate existing leases, agreements and
contracts for the Subject Property, except for the JEWEL and
WALGREENS leases, and other excluded interests, in order to
tender full and complete possession of the Subject Property
to Plaintiff within 120 days of the entry of this Order. A
copy of the notice to be sent to each lessee is attached
hereto as Exhibit C;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that the following portion of the just compensation
shall be withdrawn and deposited in escrow, (hereinafter
"Possession Escrow Funds") and the Possession Escrow Funds
for each tenant listed in this paragraph shall not be
disbursed to Defendants until that Holdover Tenant and
Defendants tender full and complete possession of such
tenant's premises to Plaintiff:
GOODYEAR a/k/a
Goodyear Tire & Rubber
Company $150,000.00
Every other Tenant $15,000.00 for each
except JEWEL and WALGREENS Tenant or $90,000.00
total;
Any interest earned on the Possession Escrow Funds
shall be the property of the Plaintiff;
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AJO/1155
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that in the event a judicial determination is made
finding that GOODYEAR'S leasehold interest has not been
terminated prior to deposit of the just compensation, then
any award of just compensation to GOODYEAR for such
leasehold interest shall be paid out of the Possession
Escrow Funds, if sufficient, and any additional amount
needed to satisfy the award to GOODYEAR shall be paid by
Defendants.
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that the Defendants will remain and shall be
responsible for any and all claims to just compensation for
leasehold interest or other interests occasioned by the
acquisition of the Subject Property by Plaintiff made by
lessees or other parties interested in the Subject Property,
except claims by JEWEL and WALGREENS and other excluded
interests and excluding any interest of the Plaintiff or
party claiming any interest through the Plaintiff;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Defendants will remain and shall be
responsible for payment of all utilities and contracts up to
the deposit date of the just compensation, all claims by
lessees or other parties interested in the Subject Property,
except for lessees JEWEL and WALGREENS, to security deposits
or prepaid rents under any lease, or payments under any
agreements of any kind or nature affecting the Subject
Property and Defendants shall return security deposits or
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AJO/.: =5/B-ck(2.
prepaid rents to the lessees upon their vacating the Subject
Property. It is further agreed that Defendants shall return
the security deposits, if any, to JEWEL and WALGREENS within
fourteen (14) days of the entry of this Agreed Judgment
Order;
IT IS .FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Defendants will deliver to Plaintiff
contemporaneously with the entry of this Agreed Judgment
Order a current rent roll and listing of all agreements or
contracts of any kind or nature affecting the Subject
Property;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Defendants will remain and shall be
responsible to maintain the Subject Property in the same
condition as it presently exists, wear and tear excepted,
without payment of any maintenance costs or management fees
until payment of the just compensation by the Plaintiff.
After the payment of just compensation, Defendants shall
maintain that portion of the Subject Property that remains
occupied by Tenants, other than JEWEL and WALGREENS and
other excluded interests;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that any rent, including percentage rent due or
paid for the period before the deposit of just compensation,
shall belong to the Defendants. In. the event rent is due or
accrues from tenants, other than JEWEL and WALGREENS, under
their leases with Defendants, Defendants shall be entitled
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AJO/I CK (22
to receive such rents up to and until such date each tenant
is to vacate the Subject Property pursuant to Defendants'
notices of lease termination. Notwithstanding the
foregoing, Defendants shall not be entitled to any rent from
JEWEL and WALGREENS after the date of deposit of just
compensation. In the event Plaintiff enters into new leases
with any Holdover Tenants for the Subject Property after
deposit of the just compensation, then such rent paid under
such leases shall belong to the Plaintiff and the Possession
Escrow Funds attributable to the respective Holdover Tenant
may be withdrawn from the escrow by the Defendants and
Defendants shall have no duty to evict such tenants.
Plaintiff agrees not to enter into any new lease with
GOODYEAR until all issues with regard to this litigation
have been resolved in a final non -appealable order;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that in the event any tenant other than WALGREENS
or JEWEL is entitled to compensation for the acquisition of
their leasehold interest pursuant to this proceeding then
such tenant's just compensation will be paid from the
Possession Escrow Funds to the extent available. If the
Possession Escrow Funds allocated for that tenant are
insufficient to pay a tenant's just compensation, then
Defendants shall pay the balance which may be due.
Defendants shall be entitled to contest any award sought by
a tenant or any other party;
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a
AJO/: �,9c )
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties executing this order, that Defendants and Plaintiff
shall proceed as quickly as possible to remove all tenants,
including GOODYEAR, from the Subject Property so that
Plaintiff may redevelop the Subject Property in accordance
with its.plans. Excluding WALGREENS and JEWEL and other
excluded interests, Defendants and Plaintiff agree to
cooperate and work together to remove all tenants, including
GOODYEAR, from the property by obtaining a court order
determining that all tenants, including GOODYEAR'S lease,
have terminated prior to deposit of the just compensation or
if this Court finds that some lease has not been terminated,
then Plaintiff and Defendants shall cooperate to have this
Court value such leasehold interest and terminate such lease
as soon as possible. Any award of just compensation to
GOODYEAR or any other tenant shall be paid out of the
Possession Escrow Funds, if sufficient and any additional
amounts needed to satisfy a tenant's award shall be paid by
the Defendants. The valuation of such leasehold interest
which affects, involves, or concerns possession rights or
issues shall not be settled without the reasonable consent
of the Plaintiff and the Defendants and shall be paid by
Defendant;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that except for purposes of imminent health, fire
prevention and safety hazards, the Plaintiff will continue
all building code and compliance actions against Defendants
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AJO/- E
until it receives full and complete possession of the
Subject Property and dismiss said actions thereafter without
claim for fees, penalties or fines;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that a Report prepared at the Plaintiff's request
by Mostardi-Platt Associates dated October 18, 1.995
regarding the Grove Mall, alleges the existence, or possible
existence, of various hazardous or toxic substances in or
about the ground around the Citgo Station, GOODYEAR and Dry
Cleaner locations (hereinafter referred to as the "Report").
With respect to said locations, the parties hereto agree as
follows:
A. GOODYEAR has agreed to undertake the remediation
of the GOODYEAR contamination, in and about the ground as
disclosed by the Report. The Plaintiff agrees and accepts
the undertaking of GOODYEAR to remediate any and all
contamination of the Property which emanates, relates or is
in any way connected with the GOODYEAR facility or its
operations at the Grove Mall. If GOODYEAR fails to
remediate the contamination, Plaintiff may petition this
Court to allow Plaintiff to remediate the contamination and
recover its costs of remediation from the Remediation Escrow
Funds (as hereinafter defined) and if necessary from
Defendants. Nothing herein shall preclude or estop
Plaintiff or Defendants from asserting a claim against
GOODYEAR to recover costs of remediation.
10
AJO/1_:: cY. 2i)
B. With respect to those materials on or about the
location of the Dry Cleaners (hereinafter referred to as the
"Dry Cleaner Contamination"), the Report has proposed a
methodology and costs which would be attendant to the
remediation of the Dry Cleaner Contamination. The costs of
remediation of the Dry Cleaner contamination shall be paid
from the Remediation Escrow Funds. The parties agree that
the remediation of the Dry Cleaner Contamination will be
done by the Plaintiff. In the event the Remediation Escrow
Funds are insufficient, Defendants shall pay any additional
costs of remediation of Dry Cleaner Contamination.
C. Defendants agree that the sum of 125% of those
sums listed and identified in the Report as necessary and
incidental to the remediation of the GOODYEAR and Dry
Cleaner Contamination ($142,500.00) (heretofore and
hereinafter referred to as "Remediation Escrow Funds") shall
be withdrawn from the County Treasurer, by the Plaintiff and
Defendants and held in escrow and applied to remediation of
GOODYEAR and/or the Dry Cleaner property by the Plaintiff.
Any such remediation shall be in accordance with the
requirements of applicable law and not to any greater
extent. In the event a letter or other decision, rule, law
or regulation is issued which precludes the necessity of
further remediation of the GOODYEAR and/or Dry Cleaner
Contamination, then such funds that remain in escrow, if
any, shall be released to Defendants. In the event the
Remediation Escrow Funds are insufficient to pay the cost of
AJO/11596/.:
remediation of the GOODYEAR and/or the Dry Cleaner
Contamination, then Defendants shall pay the difference
subject to Paragraph D.
D. Plaintiff shall give Defendants at least 28 days
prior written notice before Plaintiff performs any work to
remediate the contamination from the GOODYEAR and/or Dry
Cleaning site. Such notice shall include all reasonably
necessary information or documentation which is relevant
thereto. Any remediation shall be undertaken at such time
and place as to reasonably minimize the cost of remediation.
If Defendants object to the nature of the work or the cost,
Defendants shall advise the Plaintiff within 21 days of
receipt of the notice. Absent any written objection from
Defendants, it will be presumed that no objection to the
cost of remediation or of the work being performed exists
and Plaintiff shall be allowed to withdraw from the
Remediation Escrow Funds the amounts reasonably necessary to
pay for the costs of the GOODYEAR and/or Dry Cleaning site
remediation. Defendants shall be entitled to audit the work
done in connection with any such remediation, however,
Defendants shall not be responsible for controlling or
directing the remediation work. If Defendants do object to
the nature or cost of any remediation by the Plaintiff for
the GOODYEAR and/or Dry Cleaning site and the parties are
unable to resolve the same, this Court shall determine
whether the nature or cost of any remediation are proper and
should be paid by Defendants.
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AJO/1159
E. With respect to various forms of asbestos and
asbestos containing materials (hereinafter collectively
referred to as "asbestos") which may be located on or about
the Subject Property, the Plaintiff agrees to undertake and
accept responsibility for the removal and disposal of any
such asbestos at its sole cost and expense up to a cost of
$75,000.00. Any additional cost directly related to removal
of asbestos will be the obligation of Defendants. Plaintiff
shall give Defendants at least 28 days prior written notice
before Plaintiff performs any work to remediate the
asbestos. Such notice shall include all reasonably
necessary information or documentation which is relevant
thereto. Any remediation shall be undertaken at such time
and place as to reasonably minimize the cost of remediation.
If Defendants object to the nature of the work or the cost,
Defendants shall advise the Plaintiff within 21 days of
receipt of the notice. Absent any written objection from
Defendants, it will be presumed that no objection to the
cost of remediation or of the work being performed exists.
Defendants shall be entitled to audit the work done in
connection with any such asbestos remediation, however,
Defendants shall not be responsible for controlling or
directing the remediation work. If Defendants do object to
the nature or cost of any asbestos remediation by the
Plaintiff and the parties are unable to resolve the same,
this Court shall determine whether the nature or cost of any
remediation are proper and should be paid by Defendants.
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AJO/:.155 /B -c};(22,
F. The parties agree no remediation by Defendants is
required at or about the Citgo Station or the Subject
Property adjacent to the Citgo Station.
G. Upon tender of full and complete possession of the
Property, as provided above, and the remediation of the
GOODYEAR and Dry Cleaner Contamination, the Remediation
Escrow Funds or any sum remaining of the Remediation Escrow
Funds, after application to those items set forth above,
shall be paid to Defendants.
H. The Remediation Escrow Funds shall be placed in an
interest bearing escrow and interest on the Remediation
Escrow Funds shall remain in the escrow and become part of
the Remediation Escrow Funds available for and subject to
withdrawal and payment as provided for herein.
I. In the event other environmental contamination,
other than GOODYEAR, Dry Cleaner Contamination, or that
contamination referred to in Paragraph E and F hereof, is
discovered on, about or under the Subject Property, nothing
in this Agreed Judgment Order shall act or constitute a
waiver or release of any right, claim or liability a party
may have to another party or parties hereto, or as to any
third party or parties, with regard to and concerning such
other environmental contamination.
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that contemporaneous with the deposit of the award
of just compensation by the Plaintiff, Defendants shall
petition this Court for an order providing for the
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AJ0/1 59 - 22;
withdrawal of the award of just compensation or a portion
thereof. Plaintiff further agrees that it will not object
to Defendants' Petition for Withdrawal of the award of just
compensation net of the required Escrow Funds as provided
for herein. Within twenty-four (24) hours after
disbursement of the award of just compensation -or a portion
thereof by the Treasurer of Cook County to Defendants as
their interest exists, Defendant JOSEPH SERFECZ and the
Defendants therein shall dismiss with prejudice the lawsuit
filed in the United States District Court for the Northern
District of Illinois, Eastern Division, entitled JOSEPH
SERFECZ v. DENNIS J. GALLITANO; NANCY J. CZARNIK; CRAIG B.
JOHNSON; JAMES B. PETRI; PAUL A. RETTBERG; GEORGE B.
KNICKERBOCKER; GARY E. PARRIN; MICHAEL J. TOSTO; JEWEL FOOD
STORES, INC.; AMERICAN STORES PROPERTIES, INC.; AMERICAN
STORES COMPANY; ELK GROVE VILLAGE, Case No. 95 C 5140
("Federal Lawsuit"). The parties further agree that prior to
the deposit of just compensation by the Plaintiff,
Defendants shall deliver to their attorneys, ROCK, FUSCO,
REYNOLDS, CROWE & GARVEY, a signed stipulation for the
dismissal of the Federal Lawsuit as provided for herein and
show such signed stipulation to counsel for Plaintiff prior
to deposit of the award. The stipulation and dismissal
order shall provide that each party shall bear their own
attorney's fees, costs and expenses and will not pursue
sanctions or counterclaims in the cause. The stipulation
and dismissal order shall not be entered prior to the
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AJO/115:6/B-
disbursement of the award of just compensation or a portion
thereof;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that the award of just compensation is for the fee
simple title to the Subject Property, excluding the interest
of JEWEL and WALGREENS, and other excluded interests;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Defendants shall indemnify and hold harmless
Plaintiff and its attorneys, employees, officers, agents,
trustees, and elected officials from any claim, loss,
charge, cost, or liability arising from a claim by Lynda J.
Kahn, Lynda J. Kahn & Associates, including, without
limitation, the Attorney's Lien filed by Lynda J. Kahn,
Lynda J. Kahn & Associates, Defendants' counsel in the
Federal Lawsuit;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that Plaintiff and Defendants shall execute the
mutual general release in the form attached hereto as
Exhibit D;
IT IS FURTHER ORDERED AND ADJUDGED that this court, by
agreement of the parties, shall have and retain jurisdiction
of the above entitled cause to enforce all the terms,
provisions and conditions of this Agreed Judgment order and
for the purpose of awarding Plaintiff and/or Defendants writ
or writs of assistance with regard to the Subject Property
to which Plaintiff has acquired fee simple title as
aforesaid, and that Plaintiff and Defendants shall not be
16
AJO/ 515/B-ck(22-
limited to remedy at law, but may seek specific performance
of the terms, provisions and conditions of this Agreed
Judgment Order;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that the parties waive their rights of appeal in
this cause and the Defendants waive their right to costs and
interest on the award, provided the award is paid within the
fourteen (14) days as set forth herein;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that the Plaintiff waives its right of abandonment
in this cause;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that the Plaintiff has heretofore passed an
Ordinance authorizing the entry of this Agreed Judgment
Order and providing for the payment and deposit of the award
of just compensation as provided for herein. A copy of said
Ordinance is attached hereto and made a part hereof as
Exhibit E;
IT IS FURTHER ORDERED AND ADJUDGED, by agreement of the
parties, that in the event this Court determines that a
party violated or was in breach or non-compliance of any of
the terms, provisions, or conditions of this Agreed Judgment
Order, such party shall be responsible for the payment of
reasonable attorney's fees incurred by another party, or
parties, in enforcing compliance with this Agreed Judgment
order;
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AJO/11396/ ck(22)
THE COURT FINDS that there is no just reason for
delaying the enforcement of this Agreed Judgment Order.
ENTERED:
JUDGE
AGREED AND STIPULATED AS TO FORM AND CONTENT:
PLAINTIFF
Burke and Ryan,
Its Attorneys
/J. k
G ge B. Knickerbocker,
hI icipal Counsel
Dennis J. Gallitano,
Village President
BURKE AND RYAN #.,`70154
33 N. Dearborn St. (402)
Chicago, IL 60602
(312)236-1386
DEFENDANTS
JOSEPH SERFECZ; GROVE PROPERTY
MANAGEMENT, INC.; MARIA
SERFECZ; AMERICAN NATIONAL
BANK AND TRUST COMPANY OF
CHICAGO as Successor Trustee
to FIRST CHICAGO BANK AND
TRUST COMPANY OF ILLINOIS
f/n/a MT. PROSPECT STATE BANK,
as Trustee u/t/a dated
September 20, 1977 a/k/a Trust
No. 684; AMERICAN NATIONAL
BANK AND TRUST COMPANY OF
CHICAGO as Successor Trustee
to FIRST CHICAGO BANK AND
TRUST COMPANY OF ILLINOIS
f/n/a MT. PROSPECT STATE BANK,
as Trustee u/t/a dated July
20, 1983 a/k/a Trust No. 1335
Im
Rock, Fusco, Reyno
Crowe & Garvey,
Their Attorneys
JEWEL FOOD STORES
McDermott, Will & Emery,
Its Attorneys
LIST Or EXHIBITS
Exhibit
I,
- Legal
Description
Exhibit
B
- Legal
Description Of Burger F;ing Parcel
Exhibit C - t7otice to Terminate
Exhibit D - Y•?utual General Release
Exhibit E - Ordinance Authorizing Entry of F.greed Judgment
order
EINE. i C -- :_:;GAL DESCRIPTION
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i4.0:: SAID TPIA.T PA!PT L:"IZ:G SOUTH OF ) .. LINE D?�;, �J FRO:: A POII-C Ili Tr:E '-RST
LIZ:E GF SAID P:.RCCL 620.10 FEE= SOJMi OF THE YORTHE;ST CO:% -NEP. OF Si.ID P:.. -.^.EL, TO
A POIE; 'I:; THE FEST 1,I1:6 OF S:1ID MZCEL, 635.10. FELT SO:TCH OF i�ORT i;i;EjT
CG?.NZP OF SMD PARCEL FIND E'XCCPTIt;G FFO:l SAID PAP. EL r:E EM 2•15.0 FEET, :S
..-i.SUPEO ALOi1G THE t:OP.Tii LINE OF THE I;ORTH 260.0 F -c?, T.S I:EF:SURe'.D ALONG 7F.3 E:S'i
LIi:- 'iiiE REOF, (?J:J £ CiiPTZNG 'i iiEP.CFRO?f TiiE 50iTi'i! 17 r... -'i Of+ TiiE t:0RTtl 50 FEE-
..:2REOF) iii COG'-: COU'ii , ILLINO_IS
AND
Tii- EAST 810.0 FEET, R.S L-EASURCD ;,LONG THE NOF?TH L --,:T OF Ti'.E 210RTH 650.0 F=ET, AS
_i.SU^ED ALONG T..E EAST LINE, OF THE SO'TIHWES'i 1/4 OF THE I;ORTHW_-ST 1/4 OF
Sr -,"TION 32, =07 SHIP 41 NORTH, MNSE 11 EAST OF THE T1I:.J PRIfICIPAi, IrRIDIF';
(EXCEPTING FRO!: SAID PARCEL ALL TiiAT PART LYING 1;0?. -ii OF A. LINE OP -W1 FP.O',! A
P01P;' it! THE EAST LINE OP SAID PARCEL 620.10 FEEET SO'JT'r. OF THE NORTH EAST
03 SF.ID PAP.CEL, TO A POINT Ili TiiE FEST LINE OF SAID PARCEL, 635.11 FEET SOLI?. 07
TiL NOI'Mi FEST CO2N-R OF SAID P,,RCEL AND EX•CCPTING FRv:f SAID PARCEL THE EAS
253.05 FEET AS ?TitSURED ALONG THE SOUTH LINE OF THE SOUTH 10.75 FEET OS SAID
PARCEL AS 1CA.SU2ED A..LOZIG THE EAST LINE THEREOF IPI COOK CO"v"?7PY, ILLINOIS
AND
TiiE EAST 810.0 FEET, AS IL•?ASUIZED ALONG THP. NORTH LIP;- OF THE L;O7.TH 1170.0 F -=---T,
.4S I_T.ASURED ALO?:G TF..5 EAST LINE OF TiiE SOUTHWEST 1/6 OF THE NORTHE..AS'i 1/4 OF
SECTION 32, TOT;NSHIP 41 NORTH, PANG- 11 EAST OF THE THIRD PRINCIPAL ITRIDIA_i
(-i:CEPTING FPO: -1 SAID PARCEL THC NORTH 050.0 FEET AS hi-.SURED ALONG THE EAST LINE
OF THE SOUTHWEST Ile OF THE NORTHEAST 1/4 OF SAID SECTION 32), ALL TA EN AS A
T,? -ACT (EXCEPTIVG FROi-, SAID TP -PCT THE EAST 253.05 FEET AS I-EASURED ALONG T&- NO?TH
LIP:- OF THE rO-LTH 139.25 FEET OF SAID TP -ACT AS bEEASURED ALONG THE EAST LINE
THEREOF) IN COON COZR,-1Y, ILLINOIS
AND
..S CF.ST 419.0 FEET (E:CCEPT THE FEST 12 FEET OF THE £AST 45 FEET) AS iT.ASU=ED ALONG
THE NORTH LIGE OF Tit-- 1:0PTH 1250.0 FEET, AS 1-T--ASURED ALONG THE EAST LIU- OF THE
SO✓_EWEST 1/4 07 THE NORTHEAST 1/6 OF SECTION 32, TO?. -;SHIP 41 NORTH, PJ\GE 11 EAST O'
THE THIRD PRINCIP--1 ICERIDIAN, (EXCEPTING FP.OPI SAID PARCEL THE NORTH 1170.0 F -ET AS
:?.ASURED ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF TnE NORTHEAST 1/4 07 SAID
SECTION 32) ICI COOK COUuiY, ILLINOIS
AN D
_r.- EAST 253.05 FEET OF THE SOUTH 10.75 PEET OF THE EAST 810.0 FEET, AS PEAS:=D
A_OtiG THE NORTH LIN: OF THE NORTH 850.0 FEET, AS P.;>ASUR-D ALOiiGTH EAST LIP;_, 0: T:i-
SO-T., EST 1/4 OF THE NORTHWEST 1/4 OF SEC'1ION 32, TO:; CiS ZP 41 NORTH, r,L=_ 11 EAST G?
_r.E THIRD PR IUCIPAL IN COOT: COU.=, ILLINOIS
AND
_n3 EAST 253.05 FEET OF NORTH 139.25 FEET OF THE EAST 610.0 FEET AS l2ASUP.CD ;ILONS
THE ::ORTH LINE OF THE NORTH 1170.0 FEET, AS I,EASURED i.L.O_;G THE EAST LIN- 07 Tr.0
SO:iTHWLS'i 1/4 OF TH- NORTHEAST I/4 OF SECTION 32, TOi:;SHIP 51 C;=H, P_.!;G- li -_.-.ST GF
_..- THIP.D PRINCIPA:, I•2RIDIA-1, Ili C00': COM,=, ILLINOT-S
EXCEPT
LOT 1 IN THE SERFECZ SUBDIVISION, BEING A SUBDIVISION OF THE WEST HAfrF;OF THE
NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN COOS: COUNTY, ILLINOIS.
Ajo/1159G/B- .;22)
EYHIBIT B
LEGAL DESCRIPTION OF BURGER KING P.L.RCEL
LOT 1 IN THE SERFECZ SUBDIVISION, BEING A SUBDIVISION OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SECTIO"! 32, TOWNSHIP
41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL I,;ERIDI:N IN
COOK COUCITY, ILLINOIS.
E }, h I B I T D
IdUTUAL GENERAL RELEASE AND COVENANT NOT TO .;UE
P,NOw ALL MEP: BY THESE PRESENTS, that each of the persons and
entities whose names appear belo-:; and whose names are signed
hereto, for and in consideration of good and valuable
consideration, the receipt, adecruacv and sufficiency of which is
hereby ackno':%ledged by each from the other, does, for and on
behalf of themselves, their and each of their respective
officers, directors, shareholders, partners, members, elected
officials, trustees, attorneys, accountants, insurers, employees,
predecessors, successors, heirs, next of !-.in, executors,
administrators, representatives, agents and assigns and any party
claiming through or under them, and each of chem, hereby release
and forever discharge and covenant not to sue each and every
other party hereto and their and each of their respective
officers, directors, shareholders, partners, members, elected
officials, attorneys, accountants, insurers, emplovees,
predecessors, successors, heirs, next of kin, executors,
administrators, representatives, agents and assigns from anv and
all claims, actions, causes of action, suits, debts, sums of
money, accounts, covenants, contracts, controversies, agreements,
liabilities, promises, representations, restitutions, damages and
demands whatsoever in lao or eauity, under federal or state law,
which each party hereto ever had, or now has, against anv other
party hereto, their and each o= their respective officers,
directors, shareholders, partners, members, elected officials,
trustees, attorneys, accountants, insurers, employees,
predecessors, successors, heirs, next of kin, executors,
administrators, representatives, agents and assigns, for, upon or
by reason of any act, representaticn, matter, transaction, cause
or thing whatsoever from the beginning of the World to the date
of these presents, including, but without limitation, those
relating, involving or concerning any act, representation,
matter, transaction, counterclaim, sanctions, cause or thing
whatsoever related to, connected with, involved, referred to, or
in anv manner asserted or related or which could have been
asserted in the lawsuit filed in the United States District Court
for the Northern District of Illinois, Eastern Division, entitled
JOSEPH SERFECZ V. DENNIS J. GALLITANO; NANCY J. CZARNIK; CRAIG B.
JOHNSON; JAMES B. PETR.I; PAUL A. R.ETTBERG; GEORGE B.
KNICKERBOCKER; GARY E. PARKIN; MICHAEL J. TOSTO; JEWEL FOOD
STORES, INC.; AMERICtN STORES PROPERTIES, INC.; AMERICAN STORES
COMPANY; ELK GROVE VILLAGE, Case No. 95 C 5140 ("Federal
Lawsuit") and the lawsuit filed in the Circuit Court of Cook
County, Illinois, County Department, Law Division, entitled
Village of Elk Grove Village, a municipal corporation v. JOSEPH
SERFECZ; GROVE PROPERTY; IdAPiAGEMENT, INC.; UN�NOS7N OS4NER5,
generally, et al . , Case Pio. 95 L 50049 ( 'Condemnation Lal. -:suit").
Inasmuch as this Mutual General Release and Covenant Not To
Sue arises out of a settlement of claims, which settlement is
embodied, in part, in the Agreed Judgment Order entered in the
Condemnation Lawsuit, nothing herein shall be deemed to in anv
a;av restrict or limit any party's right to enforce the terms of
1
the Agreed Judgment Order therein or any documents or other
agreements entered into in connection there•:iith and described in
said Agreed Judgment Order.
The parties hereto understand that the aforementioned cause
of actions involve disputed claims and, therefore, this release
is not to be construed as an admission by any oarty as to
liability.
The parties hereto understand and agree that this Mutual
General Release and Covenant Not to Sue does not involve, affect
or pertain to the la;/suit filed in the United States District
Court for the 27orthern District of Illinois, Eastern'Division,
entitled SERFECZ and FIRST CHICAGO TRUST COMP=.NY OF ILLINOIS as
Trustee of Trust No. 684 v. JEWEL FOOD STORES, IIN ERIC=.N STORES
PROPERTIES, INC., PATRICK F. DALY, PATRICK F. D=.LY if ASSOCIATES,
LTD. ,D.E.I. , INC. , D.L.L.AN/JUPITER, INC, rilD ANERICr. REAL ESTATE
CORPORATION, UNITED STATES Oc ANERICA, Case No. 92 C 4171.
The undersigned declare that this entire Mutual General
Release and Covenant Not to Sue has been carefully read by each
of them, that the contents thereof are fully }:no -..;n and understood
by each of them, that the same is signed as the free and
voluntary act of each of them, and that each intends to be
legally bound by same.
The N utual General Release and Covenant Not To Sue shall
become effective upon the signing of the parties hereto or to the
counterparts hereof. Signed and sealed this day of.
Harch, 1996.
JOSEPH SERFECZ
MARIA SERFECZ
GROVE PROPERTY MANAGF11ENT, INC.
1-..ttest:
s:
2
G:�^ i i T / LLE 7 c /,T( 1c)
ELK GROVE VILLAGE
BE
Attest:
ts:
DENNIS J. GALLITANO
NANCY J. CZARNIK
CRAIG B. JOHNSON
PAUL A. RETTBERG
JAMES B. PETRI
GARY E. PARRIN
GEORGE B. KNICKERBOCKER
MICHAEL J. TOSTO
JEWEL FOOD STORES, INC.
AMERICAN STORES PROPERTIES, INC.
ts:
AMERICAN STORES COMPANY
ts:
i,1,,ERICAN NATIONAL BANK AND TRUST.
COMPANY OF CHICAGO as Successor
to First Chicago '.Frust Companv of
Illinois formerly known as Mt.
Prospect State Bank, as Trustee
under Trust Agreement dated
September. 20, 1977 & known as
Trust Number 684
ts:
A.ttest:
Its:
IV ERICAN NATIONAL BANK. AND TRUST
COMPANY OF CHICAGO as Successor
to First Chicago Trust Company of
Illinois formerly known as Mt.
Prospect State Bank, as Trustee
under Trust Agreement dated July
20, ".1983 L. known as Trust Number
•.335
is
Attest:
Its:
CHICAGO TITLE FUND TRUST COIQANY,
a Corporation of Illinois, as
Trustee under Trust Agreement
dated December 7, 1962 & known
as Trust Number 45125
Its:
Attest:
Its:
3