R-39-15 Approving Settlement Agreement and Release Resolution No. R-6 5. i
A Resolution Approving Settlement Agreement and Release
(People of the State of Illinois ex. rel Robert Bily v. Village of Lemont)
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The Settlement Agreement and Release relating to the lawsuit
captioned People of the State of Illinois ex. rel Robert Bily v. Village of Lemont, Case No. 12 CH
39557, attached hereto as Exhibit A and incorporated in its entirety, is hereby approved.
SECTION TWO: The Mayor and Village Administrator are authorized to execute the
Settlement Agreement and Release attached hereto as Exhibit A, to make minor changes to the
document prior to execution which does not materially alter the Village's obligations, and to take
any other steps necessary to carry out this Resolution.
SECTION THREE: This Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK,WILL AND DUPAGE,
ILLINOIS on this 27th day of July, 2015.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer !,
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
4
BRIA ' . ' A
President
//
_ 4LLL Jz_ Al `+ /
CHARLENE M. SMOLLEN
Village Clerk
#645022
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release("Agreement") is made and entered into as of the
day of July, 2015 ("Execution Date"), by and between Chicago Title Land Trust Company
Under Trust Dated 6/3/2009 and Known as Trust No. 8002353226 (hereinafter referred to as the
Plaintiffs),Robert Bily Revocable Trust,and the Village of Lemont(hereinafter referred to as the
"Village" or "Defendant"). The Village, Robert Bily Revocable Trust, and Plaintiffs are
hereinafter collectively referred to as the"Parties."
RECITALS
WHEREAS, the Parties desire to fully settle and compromise all matters between them
relating to the lawsuit currently pending in the Circuit Court of Cook County, Illinois known as
People of the State of Illinois ex. rel Robert Bily v. Village of Lemont, Court No. 12 CH 39557,
("Lawsuit"), including but not limited to all matters raised or which could be raised in any
amended complaint,counter-claim or cross-complaint in connection with the Lawsuit.
WHEREAS, the Lawsuit contains only 2 counts which challenge the validity of the
annexation of certain real estate located in Cook County, Illinois ("Subject Property"), as
indicated by Property Identification Numbers shown below and as further defined in Ordinance
0-04-09 duly adopted on January 12,2009(attached as Exhibit A):
PARCEL PROPERTY INDEX OWNER
NUMBER
1 22-14-200-020 Chicago Title Land Trust
Company Under Trust
Dated 6/3/2009 and
Known as Trust No.
8002353226
2 22-14-200-022 Robert Bily Revocable
1
Trust
2B 22-14-500-005(partial) Robert Bily Revocable
Trust
3 22-14-200-024 Robert Bily Revocable
Trust
4 22-14-201-037 Robert Bily Revocable
22-14-201-038 Trust(as to-037,-038)
22-14-201-039 Chicago Title Land Trust
Company Under Trust
Dated 6/3/2009 and
Known as Trust No.
8002353226(as to-039)
5 22-11-100-006 Chicago Title Land Trust
Company Under Trust
Dated 6/3/2009 and
Known as Trust No.
8002353226
6 22-14-200-011 Robert Bily Revocable
Trust
7 22-14-200-023 Robert Bily Revocable
Trust
8 22-11-100-012(partial) Robert Bily Revocable
22-14-200-021 (partial) Trust
WHEREAS, Robert Bily Revocable Trust and Chicago Title Land Trust Company
Under Trust Dated 6/3/2009 and Known as Trust No. 8002353226 are the Iegal owners of a
respective portion of the Subject Property (hereinafter referred to as the "Owners"). Robert
Burton,was a qualified elector of only one parcel of the Subject Property.
WHEREAS, Robert Bily and Louis Dineff are now deceased. Gold Coast Distributing
Company Robert Bily, Louis Dineff and Robert Burton were Plaintiffs in the Lawsuit, but never
were the owners of any portion of the Subject Property.
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WHEREAS, Laurel V. Dineff is President of Gold Coast Distributing Company and
Gold Coast Distributing Company is the sole beneficiary of Chicago Title Land Trust Company
Under Trust Dated 6/3/2009 and Known as Trust No. 8002353226. Alan Dineff is the sole
Trustee of the Robert Bily Revocable Trust and the Chicago Title Land Trust Company Under
Trust Dated 6/3/2009 and Known as Trust No. 8002353226 and is otherwise the authorized agent
of the owners of the Subject Property and has the authority and capacity to enter into this
agreement on the owners behalf.
WHEREAS, Lemont Gateway Holdings, LLC was the owner of a portion of the Subject
Property that has transferred its ownership interest in its portion of the Subject Property and is no
longer a party to the lawsuit,as they have been dismissed with prejudice.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and
agreements hereinafter contained, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged,it is hereby agreed:
1. The Parties agree to settle all claims related to the Lawsuit,pursuant to the terms
of this Agreement.
PLAINTIFFS'OBLIGATIONS
2. The Owners agree that the Subject Property was and has been annexed to the
Village of Lemont since January 12,2009 and fully acknowledge the validity of Exhibit A.
3. The Owners agree that no portion of the Subject Property shall be disconnected
from the Village without the prior written consent of the Village's Corporate Authorities.
4. The Owners shall execute and file a Stipulation to Dismiss with Prejudice,to be
filed with the Circuit Court within five (5) days of the execution of this Agreement by the
Village. The Parties shall also obtain an Order from the court dismissing the Lawsuit with
prejudice.
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5. Except for the obligations set forth in this Agreement, Owners, for themselves,
heirs, executors, administrators, assigns, agents, representatives, trustees, beneficiaries and
attorneys do hereby release, remise, acquit and forever discharge the Village of Lemont and all
of its respective officials, officers, directors, employees, agents, attorneys, representatives,
predecessors, successors, executors, administrators and assigns (hereinafter collectively, the
"Indemnified Parties") of and from any and all claims, demands, damages, costs, expenses,
obligations, liabilities, causes, actions, causes of action, suits, debts, accounts, reckonings,
bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses,
ail
judgments and executions whatsoever, in law or in equity, of any nature or kind whatsoever,
whether known or unknown, and which Plaintiffs, for themselves, their heirs, executors,
administrators, assigns, agents, representatives, trustees, beneficiaries and attorneys, may have
or had against the Indemnified Parties for, upon, or by reason of any matter, cause or thing,
whatsoever,arising out of or relating to the Subject Property and/or the Lawsuit.
VILLAGE'S OBLIGATIONS
6. The Village shall rezone the Subject Property no later than August 31, 2015, or
as otherwise agreed upon by the Parties,pursuant to the Lemont, Illinois Municipal Code. The
Village's action shall rezone the entire Subject Property from its current zoning of an R1 zoning
district to an M3 zoning district;as presented during the public hearing held before the Planning
and Zoning Commission for the Village of Lemont("PZC")on December 17,2014. Nothin g in
this Agreement shall restrict the rezoning of any other property in the Village.
MISCELLANEOUS TERMS
7. Alan Dineff represents and warrants to the Village that he is the Trustee for the
owners of the Subject Property� p rty and that he is lawfully authorized to execute this Agreement on
behalf of the Owners, either as the Trustee or as an individual. Alan Dineff shall defend,
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protect, indemnify, save, and forever hold harmless the Indemnified Parties from and against
any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses, including but not limited to court costs, Iitigation expenses, insurance deductibles,
and attorneys' fees and expenses,which the Indemnified Parties may incur, suffer,or sustain, or
for which the Indemnified Parties may become obligated arising directly or indirectly from,as a
result of any challenge to Alan Dineff's authority to enter into this Agreement as the Trustee of
the Subject Property.
8. The Owners acknowledge that the Village has the right but not the obligation to
defend the Owners from any lawsuit filed by a third party challenging the rezoning and/or this
Agreement. The Owners further acknowledge that any successful challenge to the rezoning of
the Subject Property brought by a third party shall not invalidate this Agreement or the validity
of the annexation of the Subject Property.
9. The Owners, contract purchasers, or any successors in interest, shall have the
right to apply for additional zoning relief at any time.
10. This Agreement shall be binding upon and inure to the benefit of the Parties
hereto, successor owners of record of the Subject Property, assignees, lessees, and upon any
successor municipal authorities of said Village and successor municipalities, for a period of
twenty(20)years from the date of the execution of this Agreement.
11. By purchasing any portion of the Subject Property,each purchaser,for himself or
herself and his or her respective successors in title, forever waives any right to disconnect its
portion of the Subject Property without the prior written consent of the Village's Corporate
Authorities.
12. This Agreement is a compromise of disputed claims and does not constitute an
admission of any liability on the part of either Party.
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13. The Parties shall bear their own costs and attorneys fees.
14. The Parties further agree that this Agreement represents and contains the entire
agreement and understanding between them relative to the subject matter hereof,and supersedes
and extinguishes all prior or contemporaneous oral or written understandings (whether express
or implied),statements,representations or promises.
15. The Parties acknowledge that they are of legal age and under no disability and
that they have relied upon the advice and representation of counsel of their own selection. The
Parties further acknowledge that they have read this Agreement in its entirety, have been fully
advised as to the legal effect of this Agreement, and have freely, willingly and voluntarily
entered into this Agreement. The Parties heretofore also warrant that they have authority to
enter into this Agreement and that the claims, debts, causes of action and obligations released
herein have not been assigned or sold to any other person or entity, as of the date of this
Agreement
16. All notices, requests, demands and other communications hereunder shall be in
writing, and shall be deemed to have been given when delivered in person or 3 days after
mailing by First Class mail (postage prepaid), or delivered by reliable overnight delivery
service, providing a receipt evidencing delivery, or by facsimile with a copy also delivered by
any of the foregoing means:
If to the Village,to: If to Owners,to:
Village of Lemont James R.Griffm
Village Administrator Schain,Banks,Kenny& Schwartz,
418 Main St. Ltd70 West Madison Street, Suite
Lemont,IL 60439 5300
Facsimile:(630)243-0958 Chicago,IL 60602
Facsimile: 312.345.5701
with a copy to:
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Jeffrey M. Stein
Tressler LLP
233 S.Wacker Dr.,22nd Floor
Chicago,IL 60606
Facsimile: (312)627-1717
or at such other address as hereafter shall be furnished by a notice sent in like manner by such
addressee to the others.
17. This Agreement may be executed in any number of identical counterparts, and
each such copy shall be treated as an original document.
18. Facsimile and PDF copies of signatures shall be sufficient for purposes of
executing,negotiating and finalizing this Agreement.
19. A copy of this Agreement and any amendments thereto shall be recorded by the
Village at its expense.
20. The Parties agree to cooperate fully and to execute and deliver any and aII
necessary documents and take all additional actions which may be necessary or appropriate in
order to consummate and make fully effective the objectives of this Agreement.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed the
Execution Date as noted above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE
FOLLOWS]
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Village of Lemont
Ilr
A19/�
V.J. inistrator Robert Burton
Attest:
SUBSCRIBED AND SWORN TO
i before me this day
_iUL✓. of ,2015.
illage Clerk
NOTARY PUBLIC
J
oil er
Alan Dineff as Tru '7e
Robert Bily Revoca st
CHICAGO TITLE LAND TRUST
COMPANY UNDER TRUST DATED
6/3/2009 AND KNOWN AS TRUST NO.
8002353226
By: Gold Coast Distributing Company as
sole beneficiary of Chicago Title Land
Trust Company Under Trust Dated
6/3/2009 and Known as Trust No.
8002353226
uttiAc4W()-1
Laurel V.Dineff, Preside
Gold Coast Distributing Company
SUBSCRIBED AND WORN TO
before me this -0 day
of V ,2015.
NOTARY PUBLIC
OFFICIAL SEAL
Dianne L. McCauley
8
Notary Public-State of Illinois
My Commission Expires 2/18/2019
Village of Lemont
4/ 24e41.2 _
V. •_1 ator Robert Burton
Attest:
SUBSCRIBED AND SWORN TO
before me this
a3 day
.f.,✓..,r<_���/.� ��r� ,ice of ,2015.
illage Clerk
•
MICK SEAL
AV' 411 HUNBNCIER
ARY ' IC �� .
Alan Dineff as Trustee of the
Robert Bily Revocable Trust
CHICAGO TITLE LAND TRUST
COMPANY UNDER TRUST DATED
6/3/2009 AND KNOWN AS TRUST NO.
8002353226
By: Gold Coast Distributing Company as
sole beneficiary of Chicago Title Land
Trust Company Under Trust Dated
6/3/2009 and Known as Trust No.
8002353226
Laurel V. Ding President of
Gold Coast Distributing Company
SUBSCRIBED AND SWORN TO
before me this day
of ,2015.
NOTARY PUBLIC
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Exhibit A
An ordinance annexing to the Village of Lemont parcels generally located at Route 83 and
Grant Road,commonly referred to as the Junkyard Parcels
(Bily and Chytil Properties)
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poets 1676 Fest$138.00
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0610C 01 MO PM Pal
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ORDINANCE NO. e.04.1
AN ORDINANCE ANNEXING TO THE VILLAGE OP LRMOw PARCELS
GENERALLY LOCATED AT ROUTE 83 AND GRANT ROAD,COMMONLY
• REFERRED TO AS THE JUNkYARD PARCELS
(BMLY AND CHYTUL PROPERTIES)
• WHEREAS,the Clerk of the Village of Lemont has reoeived a petition for annexation
•
pursuant to Chapter 65,'Act 5,Section 7-1-1 of the Illinois Complied Statutes:and,
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vomitus,the tenftory described in the petition is not within the corporate limits of
any municipality but L ooutiguous to the Village of Lemont;and,
WHEREAS,the land proposed to be annexed will continue to be serviced by the same
Fire Protection District and library District;
NOW,THEREFORE,BE IT ORDAINED by the president and Board of Trusters of
''tire Village of Lemont,Cbuntim of Cook,DUPage,and Will,State of Minds,as foliate: •
• Moja That the following described temitoty:(Exhibit"A".attached) is hereby•
emend to theVillage of Lamont,Counties of Cody Dugs and Will,State ofIliinola;
and to fit That the Village Cleric is hereby directed to raaorrd•with the Recorder of Deeds
County Clack a certified copy of this Ordinance together with en accurate
map of the territory soma appended to the Ordimance;
*don 3, That this Ordinance shall be in(WI force and effect from and after its passage,
and publication in pamphlet lea as provided by kw; .
Section 4, All Ordininces or pans of Ordinances in conflict herewith shall be and the
sears are bemhy repeated.
PASSED AND APPROVED BY T PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF"LEMO1(1T,commits OF COOK,WILL,AND►DuPAGE,
IWNOIB,on this 126 dayofJaanary,2009.
41121 L ABSTA1I
DIOIBY BEAT= ✓
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PAR COMM
Cup wo*n kna,011
BRIAN RUNES v •
RCN ST+UPLtTON ✓ `
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Approved by in this 12"day of Januarys 2009
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