HomeMy WebLinkAboutORDINANCE - 2477 - 4/9/1996 - JEWEL/AGREED ORDER, EXECUTION OFORDINANCE NO. 2477
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREED ORDER (JEWEL)
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 have reported to the Village
that they have negotiated a settlement with Jewel Food Stores, Inc.
a tenant in the Grove Mall Shopping Center and a named party defen-
dant 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.
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
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
VILLAGE OF ELK GROVE VILLAGE, )
a municipal corporation, j
Plaintiff, )
)
V. ) No. 95 L 50049
JOSEPH SERFECZ, GROVE PROPERTY)
MANAGEMENT, INC., UNKNOWN )
OWNERS, generally, et al., )
Defendants. )
AGREED JUDGMENT ORDER
THIS CAUSE COMING TO BE HEARD upon the First Amended
Complaint to Condemn filed by the Village of Elk Grove Village
("Elk Grove") for the ascertainment of just compensation to be
paid by Elk Grove for fee simple title to and the leasehold
interests in the property commonly known as the Grove Mall,
property legally described on Exhibit A to Elk Grove's complaint;
And Elk Grove appearing by its attorneys Burke and Ryan
and defendant Jewel Food Stores, Inc. ("Jewel") appearing by its
attorneys McDermott, Will & Emery, and it appearing to the Court
that Jewel has been served with process in the manner and form
provided by statute;
And the Court having jurisdiction of the parties and
the subject matter of this lawsuit, Elk Grove and Jewel have
reached agreement as set forth herein, and the Court being fully
advised in the premises;
EXHIBIT A
Page 1 of 4
IT IS THEREFORE ORDERED AND ADJUDGED that Elk Grove's
condemnation action -- Case No. 95 L 50049 -- against Jewel and
other parties relating to a property known as the Grove Mall, is
dismissed as against Jewel;
IT IS THEREFORE ORDERED AND ADJUDGED that Jewel agrees
to assign to Elk Grove and Elk Grove agrees to accept Jewel's
leasehold interest in the Grove Mall, property described in Elk
Grove's condemnation complaint, Case No. 95 L 50049, and
otherwise known as "the Jewel Grove Mall Lease." Elk Grove shall
accept the leasehold interest and the property in its existing
condition. Upon such assignment, Elk Grove shall assume all
contractual obligations which Jewel may have had under the lease
and assume and indemnify Jewel with respect to any future
obligations, claims, causes of action, demands, expenses, or
compensation which may arise during the remaining term of the
lease.
IT IS THEREFORE ORDERED AND ADJUDGED that Jewel, its
agents, successors, and assigns, hereby release Elk Grove and all
agents, employees, officers, successors and assigns of Elk Grove
from any and all actions, causes of action, claims, demands,
damages, costs, expenses, and compensation, which they may have
or be entitled to which arise from Jewel's leasehold interest in
the property described in the first paragraph of this Agreed
Judgment Order and/or out of the facts forming the basis of the
above -referenced condemnation claim.
IT IS THEREFORE ORDERED AND ADJUDGED that Elk Grove,
its agents, officers, employees, successors, and assigns, hereby
EXHIBIT A'
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indemnifies Jewel and all shareholders, owners, partners,
employees and agents of Jewel from any and all actions, causes of
action, claims, demands, damages, costs, expenses, and
compensation, which may arise hereafter from Jewel's leasehold
interest in the property described in the first paragraph of this
Agreed Judgment Order and/or out of the facts forming the basis
of the above -referenced condemnation claim.
IT IS THEREFORE ORDERED AND ADJUDGED that upon the date
of entry of this Agreed Judgment Order, the Jewel's interest in
the property described in Elk Grove's condemnation complaint,
Case No. 95 L 50049, and otherwise known as "the Jewel Grove Mall
Lease" will terminate.
IT IS THEREFORE ORDERED AND ADJUDGED that each party
will bear its own costs and fees with respect to the above -
referenced action.
IT IS THEREFORE ORDERED AND ADJUDGED that the Agreed
Judgment Order is governed by the laws of the State of Illinois.
Dated:
Entered:
Judge
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EXHIBIT A
Page 3 of 4
THE VILLAGE OF ELK GROVE VILLAGE
By:
Print name:
Title:
\32298\011\505ETAGR.001
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JEWEL FOOD STORES, INC.
By:
Print name:
Title
EXHIBIT A
Page 4 of 4