R-51-02 07/22/02RESOLUTION 1 - 0
RESOLUTION AUTHORIZING THE VILLAGE OF LEMONT
TO ENTER INTO AN AGREEMENT AND MUTUAL RELEASE
IN SETTLEMENT OF CERTAIN EMINENT DOMAIN PROCEEDINGS
( "LIMESTONE DEVELOPMENT /ANDRYSIAK PARCELS ")
WHEREAS, on February 25, 2002, the President and Board of Trustees passed and
approved Ordinance 0- 12 -02, providing for the abandonment of the acquisition of the subject
properties; and
WHEREAS, by the terms of the Settlement Agreement attached hereto as Exhibit A (Case
No. 00 L 50323, Village of Lemont v. Standard Bank and Trust Company, et al.), the Village of
Lemont agrees to pay the sum of $1,716.00 to LABE Federal Bank in full settlement of costs,
expenses and attorneys' fees incurred by LABE; and
WHEREAS, by the terms of the Settlement Agreement attached hereto as Exhibit B (Case
No. 00 L 50455, Village of Lemont v. GAL Enterprises, Inc, et al.), the Village of Lemont agrees
to pay the sum of $9,490.82 in full settlement of costs, expenses and attorneys' fees incurred by
GAL and GSRLLC.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES, that the President of the Village of Lemont is hereby authorized to sign, and the
Village Clerk of the Village of Lemont is hereby authorized to attest, the Settlement Agreement and
Mutual Release documents attached hereto as Exhibit A and B.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS,
on this 22nd day of July , 2002.
AYES NAYS PASSED ABSENT
John Benik 'V
Debby Blatzer l/
Peter Coules
Connie Markiewicz i/'
Steven Rosendahl 1
Jeanette Virgilio
/
Attest:
HARLENE SMOLLEN, Village Clerk
PIAZZA, Villa
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
VILLAGE OF LEMONT, a municipal corporation, )
)
Plaintiff, )
v.
STANDARD BANK AND TRUST COMPANY,
as Trustee under Trust Agreement dated July 2,
1993 and known as Trust No. 13949; LABE
FEDERAL BANK, holder of Mortgages dated
February 16, 1998 and recorded on February 18,
1998 under Document Nos. 98128773 and
98128774; and UNKNOWN OWNERS,
)
)
)
Defendants. )
Case No. 00 L 50323
Calendar 3
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This SETTLEMENT AGREEMENT AND MUTUAL RELEASE ( "Agreement ") is
entered into by and between the Plaintiff, VILLAGE OF LEMONT (the "Village "), a municipal
corporation, represented by attorneys, Day & Robert, P.C., and Defendant, LABE FEDERAL
BANK, n/k/a LABE BANK ( "LABE "), a mortgagee, represented by attorneys, Stahl Brasher
LLC, and subsequently represented by Stahl Cowen Crowley LLC. The Village and LABE are,
at times, hereinafter referred to collectively as the "Parties" or singularly as the "Party".
I. RECITALS
A. On April 6, 2000, the Village filed its Complaint for Condemnation in the Circuit
Court of Cook County, Illinois under Case No. 00 L 50323 (the "Litigation ") to acquire the
Subject Property legally described therein.
B. As of the date the Village filed its Complaint for Condemnation, Defendant,
LABE, held an interest in the Subject Property through mortgages dated February 16, 1998 and
recorded on February 18, 1998 under Document Nos. 98128773 and 98128774.
C. On February 25, 2002, Plaintiff's President and Board of Trustees passed and
approved Ordinance 0 -12 -02 providing for, inter alia, the abandonment of the acquisition of the
Subject Property in this case.
D. On March 12, 2002, the Court granted the Village's Motion to Voluntarily
Dismiss pursuant to Section 2 -1009 of the Illinois Code of Civil Procedure thereby dismissing
this Litigation without prejudice and granting Defendants leave to file their petitions for statutory
attorneys fees, costs and expenses pursuant to Section 7 -123 of the Illinois Code of Civil
Procedure.
E. On or about April 5, 2002, LABE filed its Petition for Costs, Expenses and
Reasonable Attorney Fees of Stahl Cowen Crowley LLC seeking recovery of $1,916.00
including any and all costs, expenses and attorneys fees paid or incurred by LABE in defense of
the Village's Complaint.
F. The Parties have agreed to settle and terminate LABE's Petition for Costs,
Expenses and Reasonable Attorney Fees of Stahl Cowen Crowley LLC pursuant to Section 7-
123 and all disputes relating thereto or arising therefrom on the terms and conditions set forth
herein.
II. TER1'1S AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The Parties hereby adopt the foregoing Recitals and affirm that the construction of
this Agreement shall be guided thereby.
2. The Village agrees to pay to LABE the sum of $1,716.00 in full settlement of
LABE's Petition for Costs, Expenses and Attorney Fees of Stahl Brasher LLC and Stahl Cowen
Crowley LLC pursuant to Section 7 -123.
3. LABE represents that the amount of $1,716.00 represents all costs, expenses and
attorney's fees paid or incurred by Defendant, LABE, in defense of the Complaint filed in the
Litigation and agrees to accept said amount in full settlement of its Petition pursuant to Section
7 -123.
4. The Parties agree to jointly apply to the Court for entry of a final order dismissing
LABE's Petition pursuant to Section 7 -123 with prejudice , representing to the Court that all
matters relating to LABE's Petition have been fully settled, compromised and otherwise
terminated in accordance with the terms of this Agreement.
5. Within three (3) business days of the date of the Court's entry of an order
dismissing LABE's Petition with prejudice, the Village shall tender payment of the $1,716.00 to
LABE's attorney, Ron Damashek, Esq. of Stahl Cowen Crowley, LLC.
6. The Parties agree that the Court shall retain jurisdiction over this case to enforce
the terms of this Agreement and also enter the final judgment order once the terms and
conditions of this Agreement have been complied with in a satisfactory manner by both Parties.
7. LABE for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and intending to be legally bound, agrees to on behalf of itself, its
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attorneys, employees, agents, representatives and assigns, or any person acting on its behalf
(collectively referred to as "Defendant's Releasors ") forever release and discharge the Village
and each of its trustees, officers, directors, shareholders, successors, agents, employees,
attorneys, representatives and assigns, or any person acting on its behalf (collectively referred to
as the "Village's Releasors "), from all claims, obligations, actions, demands, rights, costs,
expenses, compensation or causes of action of any nature whatsoever, whether based on tort,
contract, statutory or other theory of recovery, and whether for compensatory, punitive, statutory
or other forms of damage or relief, whether legal or equitable, whether asserted or unasserted
arising out of or relating to the Litigation..
8. The Village for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and intending to be legally bound, agrees to on behalf of itself, its
attorneys, its employees, agents, representatives and assigns, or any persons acting on its behalf
(collectively referred to as the "Village's Releasors ") forever release and discharge LABE and
each of its officers, directors, shareholders, successors, agents, employees, attorneys,
representatives and assigns, or any person acting on its behalf (collectively referred to as
"Defendant's Releasors "), from all claims, obligations, actions, demands, rights, costs, expenses,
compensation or causes of action of any nature whatsoever, whether based on tort, contract,
statutory or other theory of recovery, and whether for compensatory, punitive, statutory or other
forms of damage or relief, whether legal or equitable, whether asserted or unasserted, arising out
of or relating to the Litigation.
9. Each Party represents and warrants to the other, and agrees with the other as
follows:
A. It has received independent legal advice from attorneys of its own
choice with respect to the advisability of making the settlement provided for
herein and with respect to the advisability of executing this Agreement prior to
the execution of this Agreement by the Parties;
B. It is not relying on any statement, representation, or promise of the
other Party in executing this Agreement or in making the settlement provided for
herein, except as expressly stated in this Agreement;
C. It has made such investigation of the facts pertaining to the
settlement and this Agreement, and of all the matters pertaining hereto, as it
deemed necessary;
D. The terms of this Agreement are contractual and not a mere recital
and this Agreement is the result of negotiations between the Parties;
E. It has carefully read the contents contained herein and affirms that
the Agreement is entered into in good faith and freely signed by it;
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F. The unenforceability or invalidity of any provision or provisions of
this Agreement shall not render any other provision or provisions unenforceable
or invalid; and
G. Whenever the context requires or permits the singular shall include
the plural, the plural shall include the singular and the masculine, feminine and
neuter shall be freely interchangeable.
10. To the extent permitted by law, this Agreement shall inure to the benefit of, and
shall be binding upon the Parties' present, former and subsequent affiliated subsidiary and parent
companies, associations, corporations, partnerships and wholly owned divisions, if any, and all
of their present, former and subsequent trustees, agents, attorneys, directors, employees, heirs,
officers, partners, representatives, shareholders, assignors and assignees, if any, except as
expressly provided herein.
11. This Agreement constitutes the entire Agreement between the Parties pertaining
to the subject matter hereof and of the final, complete and exclusive expressions of the terms and
conditions hereof. All prior agreements, representations, negotiations and understandings of the
Parties whether oral, written, expressed or implied are superseded and merged herein.
12. No addition to or modification of any provision contained in this Agreement shall
be effective unless fully set forth in writing and signed by both Parties.
13. This Agreement shall be construed and enforced in accordance with the laws of
the State of Illinois.
14. In any action to enforce this Agreement, the prevailing Party shall be entitled to
recover its reasonable attorney fees and costs of litigation.
15. The Village's Board of Trustees has authorized the settlement of LABE's Petition
on the terms contained herein.
16. The parties may execute this Agreement in multiple counterparts, and each party
shall retain one fully executed copy, each of which shall be deemed an original, but all of which
counterparts together shall be deemed one and the same instrument.
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IN WITNESS WHEREOF, the Parties hereto have approved and executed this Settlement
Agreement and Mutual Release by setting forth the authorized signatures appearing below:
LABE BANK
By:
Name:
Title:
VILLAGE OF LEMONT,
a municipal corporation
AWE
By:
Name:
Title:
•' i
ATTESTED BY:
Scott M. Day
Timothy S. Wilhelm
DAY & ROBERT, P.C.
300 E. Fifth Avenue
Suite 365
Naperville, IL 60563
630.637.9811
Atty. No. 34836
Date:
Date:
Date:
Lemont/Limestone /Settlement Agreement & Mutual Release (Labe Bank)
5
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
VILLAGE OF LEMONT, a municipal corporation,
Plaintiff,
v.
GAL ENTERPRISES, INC., GREAT
SOUTHWEST RECREATION, L.L.C.,
subsequent purchaser, and UNKNOWN
OWNERS,
)
)
)
)
)
CASE NO. 00 L 50455
Calendar 2
EXHIBIT B
Defendants. )
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This SETTLEMENT AGREEMENT AND MUTUAL RELEASE ( "Agreement ") is
entered into by and between the Plaintiff, VILLAGE OF LEMONT (the "Village "), a municipal
corporation, represented by . attorneys, Day & Robert, P.C., and Defendants, GAL
ENTERPRISES, INC. ( "GAL ") and GREAT SOUTHWEST RECREATION, L.L.C.
( "GSRLLC "), a subsequent purchaser, both represented by attorneys, Figliulo & Silverman, P.C.
The Village, GAL and GSRLLC are, at times, hereinafter referred to collectively as the "Parties"
or singularly as the "Party".
I. RECITALS
A. On May 9, 2000, the Village filed its Complaint for Condemnation in the Circuit
Court of Cook County, Illinois under Case No. 00 L 50455 (the "Litigation ") to acquire the
Subject Property legally described therein.
B. As of the date the Village filed its Complaint for Condemnation, the Subject
Property was owned by Defendant, GAL ENTERPRISES, INC. GAL subsequently transferred
its interest in the Subject Property to GSRLLC. The Village obtained a default judgment against
Defendant, GAL, and UNKNOWN OWNERS.
C. Both GAL and GSRLLC were, at times during the Litigation, represented by the
attorneys, Figliulo & Silverman, P.C.
D. Both GAL and GSRLLC are controlled by Edward Andrysiak.
E. On February 25, 2002, Plaintiffs President and Board of Trustees passed and
approved Ordinance 0 -12 -02 providing for, inter alia, the abandonment of the acquisition of the
Subject Property in this case.
F. On March 12, 2002, the Court granted the Village's Motion to Voluntarily
Dismiss pursuant to Section 2 -1009 of the Illinois Code of Civil Procedure thereby dismissing
this Litigation without prejudice and granting Defendants leave to file their petitions for statutory
attorneys fees, costs and expenses pursuant to Section 7 -123 of the Illinois Code of Civil
Procedure.
G. On or about April 15, 2002, GSRLLC filed its Petition for Costs, Expenses and
Reasonable Attorney Fees of Figliulo & Silverman, P.C. seeking recovery of $9,490.82
including any and all costs, expenses and attorneys fees paid or incurred by both GSRLLC and
GAL in defense of the Village's Complaint. GAL has not filed a petition for costs, expenses and
attorneys fees pursuant to Section 7 -123.
H. The Parties have agreed to settle and terminate GSRLLC's Petition for Costs,
Expenses and Reasonable Attorney Fees of Figliulo & Silverman, P.C. pursuant to Section 7 -123
and all disputes relating thereto or arising therefrom on the terms and conditions set forth herein.
II. TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The Parties hereby adopt the foregoing Recitals and affirm that the construction of
this Agreement shall be guided thereby.
2. The Village agrees to pay to GSRLLC and GAL the sum of $9,490.82 in full
settlement of GSRLLC's Petition for Costs, Expenses and Attorney Fees of Figliulo &
Silverman, P.C. pursuant to Section 7 -123.
3. GSRLLC and GAL represent that the amount of $9,490.82 represents all costs,
expenses and attorney's fees paid or incurred by Defendants, GSRLLC and GAL, in defense of
the Complaint filed in the Litigation, and agree to accept said amount in full settlement of their
Petition pursuant to Section 7 -123.
4. The Parties agree to jointly apply to the Court for entry of a final judgment order
dismissing GSRLLC's and GAL's Petition pursuant to Section 7 -123 with prejudice when the
terms of this Agreement have been fully satisfied, representing to the Court that all matters have
been fully settled, compromised and otherwise terminated in accordance with the terms of this
Agreement.
5. Within three (3) business days of the date of the Court's entry of an order
dismissing GSRLLC's and GAL's Petition with prejudice, the Village shall tender payment of
$9,490.82 to GSRLLC's and GAL's attorney, Carl Gigante, Esq. of Figliulo & Silverman, P.C.
6. The Parties agree that the Court shall retain jurisdiction over this case to enforce
the terms of this Agreement.
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7. GSRLLC and GAL for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged and intending to be legally bound, agree to on
behalf of themselves, their attomeys, employees, agents, representatives and assigns, or any
persons acting on their behalf (collectively referred to as "Defendants' Releasors ") forever
release and discharge the Village and each of its trustees, officers, directors, shareholders,
successors, agents, employees, attorneys, representatives and assigns, or any person acting on its
behalf (collectively referred to as the "Village's Releasors "), from all claims, obligations,
actions, demands, rights, costs, expenses, compensation or causes of action of any nature
whatsoever, whether based on tort, contract, statutory or other theory of recovery, and whether
for compensatory, punitive, statutory or other forms of damage or relief, whether . legal or
equitable, whether asserted or unasserted, arising out of or relating to GSRLLC's Petition for
Costs, Expenses and Reasonable Attorney Fees of Figliulo & Silverman.
8. The Village for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and intending to be legally bound, agrees to on behalf of itself, its
attorneys, its employees; agents, representatives and assigns, or any persons acting on its behalf
(collectively referred to as the "Village's Releasors ") forever release and discharge GSRLLC and
GAL and each of their officers, directors, shareholders, successors, agents, employees, attorneys,
representatives and assigns, or any person acting on their behalf (collectively referred to as
"Defendants' Releasors "), from all claims, obligations, actions, demands, rights, costs, expenses,
compensation or causes of action of any nature whatsoever, whether based on tort, contract,
statutory or other theory of recovery, and whether for compensatory, punitive, statutory or other
forms of damage or relief, whether legal or equitable, whether asserted or unasserted, arising out
of or relating to GSRLLC's Petition for Costs, Expenses and Reasonable Attorney Fees of
Figliulo & Silverman.
9. Each Party represents and warrants to the other, and agrees with the other as
follows:
A. It has received independent legal advice from attorneys of its own
choice with respect to the advisability of making the settlement provided for
herein and with respect to the advisability of executing this Agreement prior to
the execution of this Agreement by the Parties;
B. It is not relying on any statement, representation, or promise of the
other Party in executing this Agreement or in making the settlement provided for
herein, except as expressly stated in this Agreement;
C. It has made such investigation of the facts pertaining to the
settlement and this Agreement, and of all the matters pertaining hereto, as it
deemed necessary;
D. The terms of this Agreement are contractual and not a mere recital
and this Agreement is the result of negotiations between the Parties;
E. It has carefully read the contents contained herein and affirms that
the Agreement is entered into in good faith and freely signed by it;
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F. The unenforceability or invalidity of any provision or provisions of
this Agreement shall not render any other provision or provisions unenforceable
or invalid; and
G. Whenever the context requires or permits the singular shall include
the plural, the plural shall include the singular and the masculine, feminine and
neuter shall be freely interchangeable.
10. To the extent permitted by law, this Agreement shall inure to the benefit of, and
shall be binding upon the Parties' present, former and subsequent affiliated subsidiary and parent
companies, associations, corporations, partnerships and wholly owned divisions, if any, and all
of their present, former and subsequent trustees, agents, attorneys, directors, employees, heirs,
officers, partners, representatives, shareholders, assignors and assignees, if any, except as
expressly provided herein.
11. This Agreement constitutes the entire Agreement between the Parties pertaining
to the subject matter hereof and of the final, complete and exclusive expressions of the terms and
conditions hereof. All prior agreements, representations, negotiations and understandings of the
Parties whether oral, written, expressed or implied are superseded and merged herein.
12. No addition to or modification of any provision contained in this Agreement shall
be effective unless fully set forth in writing and signed by both Parties.
13. This Agreement shall be construed and enforced in accordance with the laws of
the State of Illinois.
14. In any action to enforce this Agreement, the prevailing Party shall be entitled to
recover its reasonable attorney fees and costs of litigation.
15. The Village's Board of Trustees has authorized the settlement of GSRLLC's and
GAL's Petition on the terms contained herein.
16. The parties may execute this Agreement in multiple counterparts, and each party
shall retain one fully executed copy, each of which shall be deemed an original, but all of which
counterparts together shall be deemed one and the same instrument.
4
IN WITNESS WHEREOF, the Parties hereto have approved and executed this Settlement
Agreement and Mutual Release by setting forth the authorized signatures appearing below:
GREAT SOUTHWEST RECREATION, L.L.C.
By:
Name:
Title:
GAL ENTERPRISES, INC.
By:
Name:
Title:
VILLAGE OF LEMONT,
a municipal corporation
By:
Name
Title: V ,
QS\ (
Village Clerk
Scott M. Day
Timothy S. Wilhelm
DAY & ROBERT, P.C.
300 E. Fifth Avenue
Suite 365
Naperville, IL 60563
630.637.9811
Atty. No. 34836
D &R/Lemont/Andrysiak/Settlement Agreement & Mutual Release
5
Date:
Date:
Date:
Date:
7/8/02