HomeMy WebLinkAboutORDINANCE - 2475 - 4/9/1996 - WALGREENS/AGREED ORDER,EXECUTION OFORDINANCE NO. 2475
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREED ORDER (WALGREENS)
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 de-
clared the Grove Mall Shopping Center to be a blight area as de-
fined in Section 8-13-1 et seg. of the Village Code; and
WHEREAS, in order to abate the existing blight it is deemed
advisable 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 with Walgreens, a/k/a Walgreens Company a tenant in the
Grove Mall Shopping Center and a named party defendant in the con-
demnation proceeding that is embodied in an Agreed Order that is
attached hereto 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 ne-
cessary and desirable that the Village acquire title to and pos-
session of the Grove Mall Shopping Center for the purpose of eli-
minating 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 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 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 order.
Section 5: That the Village Clerk is authorized to publish
this Ordinance in pamphlet form.
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Section 6: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication as pro-
vided by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 9th day of April 1996.
APPROVED this 9th day of April , 1996.
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PUBLISHED this 12th day of
form.
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APPROVED:
Dennis J. Gallitano
VILLAGE PRESIDENT
1996, in pamphlet
P!
E X H I B I T A
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
AGREED ORDER
THIS CAUSE COMING TO BE HEARD upon the Agreed Motion of the VILLAGE
OF ELK GROVE VILLAGE, a municipal corporation (hereinafter referred to as 'Plaintiff'),
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 MT. PROSPECT STATE BANK, as Trustee u/t/a dated July 20, 1983
a/k/a Trust No. 1335 (hereinafter collectively referred to as "Defendants"), and Defendant,
WALGREENS a/k/a WALGREENS CO. (hereinafter referred to as "WALGREENS"), 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, the Defendants, and WALGREENS
having reached agreement as set forth herein;
IT IS HEREBY ORDERED AND ADJUDGED, by agreement of the parties, as
follows:
1. That WALGREENS acknowledges the right and authority of the Plaintiff to
acquire the Subject Property in this cause through the exercise of the Plaintiffs power of
eminent domain for the stated public purpose as set forth in Plaintiff's Complaint to Condemn;
and,
2. This Court finds the just compensation, based on the agreement of the parties, to be
paid by the Plaintiff to WALGREENS, or any other party claiming any interest through
WALGREENS, for the acquisition of its leasehold interest in that part of the Subject Property
which it occupies ("Premises") and which is subject to a lease dated November 23, 1963,
("Lease") to be the total sum of THREE HUNDRED TWENTY FIVE THOUSAND
DOLLARS ($325,000.00) as full compensation for the taking of the leasehold interest and any
damages, costs, claims, and leasehold improvements of WALGREENS occasioned by the
acquisition by the Plaintiff; and
3. That WALGREENS agrees to vacate the Premises and tender full and complete
possession of the Premises to Plaintiff on or before sixty (60) days after receipt of written
notice from Plaintiff to vacate the Premises but in no event prior to January 31, 1997; and,
4. That upon WALGREENS vacating the Premises on or before January 31, 1997,
Plaintiff shall within twenty one (21) days from the date WALGREENS vacates the Premises
pay directly to WALGREENS the sum of THREE HUNDRED TWENTY FIVE
THOUSAND DOLLARS ($325,000.00), without interest, for the benefit of WALGREENS,
or any other party claiming an interest through WALGREENS, as full compensation for the
taking of the leasehold interest and any damages, costs, claims, and leasehold improvements
of WALGREENS occasioned by the acquisition by the Plaintiff and,
5. WALGREENS may terminate its lease any time after January 31, 1997, upon sixty
(60) days prior written notice to Plaintiff; and,
6. In the event WALGREENS remains in possession after January 31, 1997, then the
award of just compensation to be paid shall be reduced proportionally at an amount of SIX
THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS ($6,818.00) per month (or
reduced on a per diem basis with respect to any period less than a full calender month) for that
period the possession date is extended by agreement of the Plaintiff and WALGREENS; and,
7. In the event WALGREENS does not vacate the Premises as provided herein then
WALGREENS shall pay the Plaintiffs reasonable attorney's fees incurred in enforcing the
provisions of this Agreed Order; and,
8. After the entry of this Agreed Order, WALGREENS shall pay its monthly rent to
Plaintiff until WALGREENS vacates the Premises as provided for herein.
PLAINTIFF
ENTERED:
JUDGE
AGREED AND STIPULATED AS TO FORM AND CONTENT:
WALGREENS
Burke and Ryan, Its Attorneys Altan M. Resnick, Its Attorney
Burke and Ryan, Atty # 70154
33 North Dearborn, Ste. 402
Chicago, IL 60602
312-236-1386