HomeMy WebLinkAboutORDINANCE - 2476 - 4/9/1996 - GOODYEAR/AGREED ORDER, EXECUTION OFNO. 2476
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREED ORDER (GOODYEAR)
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 seq. 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 Goodyear Tire Company a tenant in the Grove Mall
Shopping Center and a named party defendant in the condemnation
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.
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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VEGV/3596/T(14)
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,
generally, et al,
Defendants.
AGREED ORDER
No. 95 L 50049
FULL TAKING
AS AMENDED.
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 GOODYEAR
TIRE & RUBBER COMPANY (hereinafter referred to as "GOODYEAR"),
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 GOODYEAR having reached agreement as set forth
herein;
VEGV/3596/T(14)
IT IS HEREBY ORDERED AND ADJUDGED, by agreement of the
parties, as follows:
1. That GOODYEAR acknowledges the right and authority of
the Plaintiff to acquire the Subject Property in this cause
through the exercise of the Plaintiff's power of eminent domain
for the stated public purpose as set forth in Plaintiff's
Complaint to Condemn; and,
2. That GOODYEAR acknowledges the existence of
environmental contamination on, about, and under that part of the
Subject Property surrounding the former waste oil storage tank
which it occupies and which is subject to the Lease ("Premises")
and agrees to clean and/or remediate the environmental
contamination on, about and under the Premises and Subject
Property associated with the former underground waste oil storage
tank as soon as is reasonably practical following the entry of
this Agreed Order in compliance with all regulations of the
Illinois Environmental Protection Agency or other governmental
agency having jurisdiction; and,
3. That GOODYEAR agrees to vacate the Premises and tender
full and complete possession of the Premises within 180 days of
the date of this Agreed Order and GOODYEAR shall pay rent to
Defendant until it vacates the Premises at the rate provided for
in the Lease for its use and occupancy of the Premises; and,
4. That GOODYEAR agrees that within 120 days of this
Agreed Order this Court shall determine the status of GOODYEAR's
leasehold interest under a lease dated October 16, 1967,
("Lease") and determine that just compensation, if any, to be
VEGV/3596/T(14)
paid by the Defendants for the taking of any such leasehold
interest. GOODYEAR agrees to vacate the Premises within 180 days
of this Agreed Order regardless of the ruling on the status of
GOODYEAR's leasehold interest and the just compensation, if any,
awarded pursuant to this paragraph; and,
5. Nothing in this Agreed Order nor Defendants execution
of this Agreed Order shall act or constitute a waiver of
Defendants right to assert the prior termination of GOODYEAR's
Lease in any hearing to determine the existence of and/or the
valuation of GOODYEAR's leasehold interest.
ENTERED:
JUDGE
AGREED AND STIPULATED AS TO FORM AND CONTENT:
PLAINTIFF
Burke and Ryan, Its Attorneys
BURKE AND RYAN #70154
33 N. Dearborn Street
Suite 402
Chicago, IL 60602
(312)236-1386
DEFENDANTS
Rock, Fusco, Reynolds, Crowe &
Garvey, Their Attorneys
GOODYEAR
Mayer, Brown & Platt,
Its Attorneys