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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. -2- 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. -3- 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' -2- Page 2 of 4 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 -3- EXHIBIT A Page 3 of 4 THE VILLAGE OF ELK GROVE VILLAGE By: Print name: Title: \32298\011\505ETAGR.001 -4- JEWEL FOOD STORES, INC. By: Print name: Title EXHIBIT A Page 4 of 4