HomeMy WebLinkAboutRes 11-81 03/03/1981
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RESOLUTION NO.
11-81
A RESOLUTION AUTHORIZING SETTLEMENT IN THE PIONEER TRUST AND
SAVINGS VS. VILLAGE OF MOUNT PROSPECT LAW SUIT
WHEREAS, on August 11, 1975, the Village of Mount Prospect
filed a lawsuit entitled Village of Mount Prospect v.
Pioneer Trust and Savings Bank, as Trustee under Trust
No. 11155 and Salvatore Di Mucci in the Circuit Court of
Cook County, Illinois, County Department, Law Division
as Cause No. 75 L 15728; and
WHEREAS, the President and Board of Trustees of the
Village of Mount Prospect have determined that it is
in the best interest of the Village to settle the above
mentioned lawsuit on the terms set forth in the
Settlement Agreement attached hereto as Exhibit A and
incorporated herein by this reference;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS AS FOLLOWS:
SECTION ONE: That the President of the Board of Trustees
of the Village of Mount Propsect be, and she is hereby,
authorized to execute and the Village Clerk to attest,
the Settlement Agreement attached ~ereto as Exhibit A.
SECTION TWO: That this Resolution shall be in full force
and effect from and after its passage and approval in the
manner provided by law.
PASSED,this
day of
March
, 1981.
3rd
AYES:
Farley, Floros', Miller, Murauskis, Richardson, Wattenberg
NAYS:
None
ABSENT: None
APPROVED 'this
, 1981.
day of
3rd
March
/117
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Vi I lag'Ef' Pr
ATTEST:
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My Bfl¿¿
Village Clerk
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SETTLEMENT AGREEMENT
The VILLAGE OF MOUNT PROSPECT, a Municipal Corporation,
and SALVATORE DI MUCCI, SR., hereby agree as follows:
I.
Recitals:
A.
On October 18,1969, the VILLAGE OF MOUNT PROSPECT,
by its then President, Robert Teichert, and Utility
Sewer and Water Company, Inc., by its then President,
SALVATORE DI MUCCI, SR., entered into an Agreement, .
pursuant to which the VILLAGE OF MOUNT PROSPECT
acquired all of the water works and water distribution
system and sanitary sewer system of Utility Sewer and
Water Company, Inc.
B.
Pursuant to Ordinance No. 2201, An Ordinance Amending
Section 23.4Q2 Of The Municipal Code Of The VILLAGE
OF MOUNT PROSPECT, the VILLAGE OF MOUNT PROSPECT has
assessed SALVATORE DI MUCCI, SR., as beneficial owner
of thè premises located at 1500, 1510, 1520, 1530,
1540, 1550 and 1560 West Dempster in the VILLAGE OF
MOUNT PROSPECT, commonly known as the "Alpine Apart-
ments," for sanitary sewer service duri~g theperîod
'of time commencing September, 1970 and continuing
through October, 1977, in the sum of $28,935.10.
C.
A dispute has arisen between the VILLAGE OF MOUNT
PROSPECT and SALVATORE Dr MUCCI, SR., as to whether
the acquisition of Utility Sewer and Water Company, Inc.
by the VILLAGE OF MOUNT PROSPECT on October 18, 1969,
included the right to assess the Alpine Apartments,
Exhibit A
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consisting of 240 units, for sanitary sewer
service.
D.
SALVATORE DI MUCCI, SR. maintains:
(1) that neither
the sanitary sewer connection located on public land
at or about 1500 South Busse Road, nor any other inter-
vening sanitary sewer lines and connections located
on or within the public right-of-ways between the
interceptor of the Metropolitan Sanitary District
at or near 1500 South Busse Road and the Alpine Apart-
ments were included among the physical property and
assets acquired by the VILLAGE in the acquisition of
Utility Sewer and Water Company, Inc. on October 18,
1969; and (2) that the 240 apartment units comprising
the Alpine Apartments, for which the VILLAGE OF MOUNT
PROSPECT seeks payment for sanitary sewer service,
were not included in the purchase price paid by the
VILLAGE OF MOUNT PROSPECT for Utility Sewer and Water
, >',
Company, Inc., on the understanding that no service
charges for sanitary sewer service were' to be assessed
against those residences.
E.
The VILLAGE OF MOUNT PROSPECT maintains that its
acquisition of all the water works and water distribu-
tion system and sanitary sewer system of Utility
Sewer and Water Company, Inc., as provided for in
Article I, Section 1.01 of the Purchase Agreement,
dated October 18, 1969, included the acquisition o£
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all intervening sanitary sewer lines and connections
located on and within the public right-of-ways between
the Alpine Apartments and the interceptor of the
Metropolitan Sanitary District located at or about
1500 South Busse Road in the VILLAGE OF MOUNT PROSPECT,
as well as all other sanitary sewer lines and connections
situated on and within the public right-of-ways within
the area serviced by Utility Sewer and Water Company,
Inc.
F.
The VILLAGE OF'MOUNT PROSPECT has filed suit in the
Circuit Court of Cook County, Illinois, Law Division
(No. 75 L 15728), against PIONEER TRUST AND SAVINGS
BANK, as owner of record of the premises located at
1500, 1510,1520, 1530, 1540, 1550 and 1560 West
Dempster, under Trust No. 11155, and against SALVATORE
DI MUCCI, SR., as beneficial owner of said premises,
for collection of sanitary sewer assessments as herein-
above described.
G.
The parties have agreed to settle the issues raised,
in the lawsuit as follows:
II.
Agr'eement:
SALVATORE Dr MUCCI, SR. AGRERS:
1.
To pay to the VILLAGE OF MOUNT PROSPECT
the sum of $28,935.10, subject toa credit
in the amount of $24,100.00 as ,hereinafter
described, for sanitary sewer service
rendered by the VILLAGE to the premises
located at 1500, 1510, 1520, 1530,1540,
1550 and 1560 West 'Dempst~r in Mount Prospect,
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Illinois (the Alpine Apartments), during,
. '
the period 1970 through 1977, ,inclusive;
2. 'To make 'timely and full payment to the VILLAGE
OF MOUNT PROSPE.cT of any and all future 'cha:rges'
and assessments for sani.tary sewer service 'provi.d...
ed to the premi.ses located at 1500,,1510, 1520,
1530, 1540, 1550 and 1560 Wes't Dempster (the
Alpine Apartmentsl in the VILLAGE OF MOUNT
PROSPECT, Illinois;
3.
That, to the extent he has retained any
successor interest in any of the water works
and water distribution system and sanitary
sewer system of Utility Sewer and Water
Company, Inc., any and all such interésts
are hereby assigned to the VILLAGE OF MOUNT
PROSPECT;
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'1.
That he acknowledges the ownership, and
maintenance thereof, by the VILLAGE OF MOUNT
PROSPECT of all water works and all water
distribution systems and sanitary sewer
systems located on and within the public
right-of-ways in the VILLAGE OF MOUNT PROSPECT
within the area formerly serviced by Utility
Sewer and Water Company, Inc., including, mlt
not limited to, all intervening sewer lines
and connections between the Alpine Apartments
and the interceptor of the Metropolitan
Sanitary District located at or about 1500
'South Busse Road, in Mount Prospect, Illinois.
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5.
That he acknowledges the right of the VILLAGE
to be compensated for water and sewér service,
at rates established from time to time by the
VILLAGE, to all developments located within the
area formerly serviced by Utility Sewer and
Water Company" Inc., regardless of whether any
such developments were erected, built or con-
structed prior or subsequent to acquisition by
the VILLAGE o£ Utility Sewer and Water Company,
Inc. on October 18,1969.
6.
To indemnify and hold harmless The VILLAGE OF
MOUNT PROSPECT from and against any and all
claims which may be made against the VILLAGE
by any other former shareholders of Utility
Sewer and Water Company, Inc. with respect
to and arising out of a'credit to be given to
SALVATORE DI MUCCI, SR. by the VILLAGE OF
MOUNT PROSPECT, as hereinafter described.
The VILLAGE OF MOUNT PROSPECT AGREES:
1.
To give to SALVATORE DI MUCCI, SR., a credit
in the sum of $24,100.00 against the $28,935.10
assessed against the Alpine Apartments for
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sanitary sewer service rendered during the
period September, 1970 through October, 1977,
inclusive.
This credit represents ,the
additional sum which SALVATORE DI MUCCI, SR~
claims would have been paid by the VILLAGE
OF MOUNT PROSPECT for the 240 apartment units
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and swimming pool comprising the Alpine
Apartments had they been included in the
Purchase Price Section of the Agreement for
the purchase of utility Sewer and Water
Company, Inc., dated October 18,1969.
2.
To accept, as payment in full, from SALVATORE
DI MUCCI, SR., the balance remaining in the
amount of $4,835.10.
3.
To a dismissal of the lawsuit which it has
filed against the PIONEER TRUST AND SAVINGS
BANK, as Trustee under Trust No. 11155, and
SALVATORE DI MUCCI, SR., pending in the
Circuit Court of Cook County, Illinois, as
Case No. 75 L 15728.
Dated thistf~day of March, 1981, at Chicago, Illinois.
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. ... SALVATORE' DI MUCCI. SR.
VILLAGE OF MOUNT PROSPECT
By:
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. président
ATTEST:
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Village Clerk
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