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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. -3- 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 2 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; 3 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; 5 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 6 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 7 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; 8 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 9 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. 12 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. 13 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 14 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 15 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; 17 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 .c.. Ei.54' 83.. :.. T.S i."ai•. ,i:2 -D i.LG;;� 'Ci... GO R'F:. LI:,E G? :.... NOATi. F;SD.G F==- .., . S C:?. ii i.:. _:. _. Hi.ST I,Ii; OF Tr!2 SOuii':6EST 7./: OFT'r:E [:0?:Cif -i.ST 1/•1 OF SI_79;i:; TO?i c.S ii I': i ;OPT'::, RT.i;GE 11 EAST OF Ti!F "i HIPD P?II;CIP7.F, t; P.IDi.i.N (E.:CE: `::� 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