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HomeMy WebLinkAbout4. Mayor's Report/YOTI Settlement Agreement 08/05/2014SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is made this 5th day of August 2014, by and between: 1.) Tod Curtis, individually and as agent for Elto Restaurant, Inc. d/b/a Ye Olde Town Inn and as agent for (and as beneficiary), First United Trust Company, as Trustee under Trust No. 10510, (collectively as "Plaintiffs"); and 2.) the Village of Mount Prospect, Irvana Wilks, Michael Janonis, William Cooney, William Schroeder, Robert Roels and Frank Krupa (collectively as "Village Defendants"); ("Plaintiffs" and "Village Defendants," collectively as the "Parties"). RFrTTAI Q A. On June 19, 2008, Plaintiffs filed a complaint in the United States District Court for the Northern District of Illinois against the Village Defendants, Errol Oztekin and Oz Development, LLC, alleging claims for violations of 18 U.S.C. § 1962(c), 18 U.S.C. § 1962(d), and 42 U.S.C. § 1983 (for alleged violations of Plaintiffs' rights under both the First Amendment and Fourteenth Amendment). See Curtis, et al. v. Wilks, et al., Case No. 08-cv-3527 ("District Court Litigation"). B. A trial on the issues raised in the District Court Litigation was scheduled to commence on July 7, 2014. C. The Parties recognize that the settlement is to resolve a disputed claim, and that the Village Defendants have denied and continue to deny all claims of misconduct made by the Plaintiffs and any liability to the Plaintiffs. D. The Parties now wish to resolve the issues raised in the District Court Litigation. THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, including the mutual covenants and promises expressed herein, the Parties covenant and agree as follows: 1. Payment. On or before August 6, 2014, the Village of Mount Prospect and HELP shall pay $6,500,000.00 (SIX MILLION FIVE HUNDRED THOUSAND DOLLARS) to the Plaintiffs in the form of a cashier's check or wire transfer. The payment of $6,500,000.00 shall be divided between HELP and the Village of Mount Prospect approximately as follows: (a) $6,060,998 by HELP and (b) $439,002 by the Village of Mount Prospect. If payment is made via cashier's check, the check shall be made payable to "Tod Curtis, individually and as agent for Elto Restaurant, Inc. d/b/a Ye Olde Town Inn and as agent for (and as beneficiary), First United Trust Company, as Trustee under Trust No. 10510, and DiMonte & Lizak, LLC" and shall be delivered to the attention of Riccardo A. DiMonte at DiMonte & Lizak, LLC, 216 W. Higgins Rd., Park Ridge, IL 60068. If payment is made via wire transfer, counsel for the Village Defendants and/or HELP shall contact counsel for the Plaintiffs to request instructions for the wire transfer into DiMonte & Lizak, LLC's IOLTA account. 2. Allocation of Settlement Funds. The $6,500,000 settlement payment shall be allocated as follows: 1.) $2,000,000 in attorneys' fees incurred by Plaintiffs; and 2.) $4,500,000 in previously incurred and paid expenses, costs, maintenance and repairs. The Village Defendants reserve the right to pay from the attorneys' fees portion, the liquidated amount due and owing, $404,004 to Barnes & Thornburg, the Plaintiffs' previous attorneys, to satisfy their lien. (Please note this may change). 3. Releases. a. Release by Plaintiffs. Plaintiffs hereby release, remise, acquit and discharge the Village Defendants, and each of their respective shareholders, partners, representatives, affiliates, members, officers, directors, professionals, agents, employees, predecessors, successors, heirs, executors, administrators, principals, assigns, parents, trustees and subsidiaries from all actions, causes of action, suits, debts, accounts, 2 reckonings, sums of monies, bills, covenants, contracts, controversies, promises, damages, claims, judgments and demands whatsoever, known or unknown, in law or equity, including, but not limited to, all matters raised or which could have been raised by the Plaintiffs in the District Court Litigation. b. Release by the Village Defendants. The Village Defendants hereby release, remise, acquit and discharge the Plaintiffs, and each of their respective shareholders, partners, representatives, affiliates, members, officers, directors, professionals, agents, employees, predecessors, successors, heirs, executors, administrators, principals, assigns, parents, trustees and subsidiaries from all actions, causes of action, suits, debts, accounts, reckonings, sums of monies, bills, covenants, contracts, controversies, promises, damages, claims, judgments and demands whatsoever, known or unknown, in law or equity, including, but not limited to, all matters raised or which could have been raised by the Village Defendants in the District Court Litigation. 4. For Settlement Only. This Agreement is entered into for settlement purposes only and represents the compromise of all disputed Claims, actual or potential, which the Plaintiffs have or may believe they have. Neither this Agreement, the decision to enter into this Agreement, nor anything done pursuant to this Agreement, shall be construed to be an admission or evidence of any wrongdoing or liability by the Plaintiffs or the Defendants, such wrongdoing and liability being expressly denied. Nor will this Agreement, its existence or its terms be admissible in any proceeding other than a proceeding to enforce the terms of this Agreement. 5. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter contained herein and merges all prior discussions, agreements, contracts or other instruments between them and no party shall be bound by any subsequent instrument, agreement or representation pertaining to the subject matter contained herein unless expressed in writing and signed by the party to be bound thereby. 3 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall have the same force and effect as the other, as one and the same instrument. Signatures may be delivered by facsimile transmission. 7. Governing Law and Venue. This Agreement shall be governed by laws of the State of Illinois. The United States District Court for the Northern District of Illinois, Eastern Division shall be the proper venue for any action regarding the Agreement. 8. Binding Agreement. Each signatory hereto warrants that he/she/it has read and understands this Agreement, that he/she/it intends to be legally bound by the same, that they have entered into this Agreement freely and voluntarily, and has the full right, power, authority and capacity to enter into and execute the same. The Parties hereto further warrant that this Agreement is entered into with no party relying upon any statement or representation made by any other party not embodied in this Agreement. This Agreement shall be binding on the Parties, their agents, representatives and assigns. 9. Representation. Each party to this Agreement is being represented by his/her/its own attorney and this Agreement represents the collaborative drafting of all Parties. 10. Compliance. For purposes of any deadline contained herein, compliance shall be measured by using the date of the postmark using United States mail, first class, or any courier service. 11. Integration Clause. This Agreement supersedes and controls over all prior agreements, understandings and discussions whatsoever. 12. Fees and Costs. Each party is responsible for payment of his/her/its respective attorneys' fees and costs associated with the dispute. 4 13. Non -disparagement agreement. The Parties agree not disparage each other in either public or private forums regarding the terms, issues raised or disputes contained in the District Court Litigation, the Agreement or any other legal proceedings between the Parties. This paragraph shall not be construed to be in derogation of the inherent police powers of the Village or the Village Defendants. 14. Confidentiality agreement. The Parties agree to keep the terms of the Agreement confidential. The Parties may discuss the terms of the Agreement with their attorneys, accountants or other professionals to the extent necessary to perform work regarding tax planning, estate planning and other issues resulting from the payment terms of the Agreement. Further, the Parties acknowledge that the terms of the Agreement may at some point become public, because of the potential for required disclosures pursuant to Freedom of Information Act requests that may be served on the Village of Mount Prospect or HELP and their statutory obligation to respond to such requests. Also, disclosure may be required pursuant to a court order or subpoena. If so, such disclosure shall not be a breach of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is made this 5th day of August 2014, by and between: 1.) Tod Curtis, individually and as agent for Elto Restaurant, Inc. d/b/a Ye Olde Town Inn and as agent for (and as beneficiary), First United Trust Company, as Trustee under Trust No. 10510, (collectively as "Plaintiffs"); and 2.) the Village of Mount Prospect, Irvana Wilks, Michael Janonis, William Cooney, William Schroeder, Robert Roels and Frank Krupa (collectively as "Village Defendants"); ("Plaintiffs" and "Village Defendants," collectively as the "Parties"). RECITALS A. On June 19, 2008, Plaintiffs filed a complaint in the United States District Court for the Northern District of Illinois against the Village Defendants, Errol Oztekin and Oz Development, LLC, alleging claims for violations of 18 U.S.C. § 1962(c), 18 U.S.C. § 1962(d), and 42 U.S.C. § 1983 (for alleged violations of Plaintiffs' rights under both the First Amendment and Fourteenth Amendment). See Curtis, et al. v. Wilks, et al., Case No. 08-cv-3527 ("District Court Litigation") B. A trial on the issues raised in the District Court Litigation was scheduled to commence on July 7, 2014. C. The Parties recognize that the settlement is to resolve a disputed claim, and that the Village Defendants have denied and continue to deny all claims of misconduct made by the Plaintiffs and any liability to the Plaintiffs. D. The Parties now wish to resolve the issues raised in the District Court Litigation. THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, including the mutual covenants and promises expressed herein, the Parties covenant and agree as follows: 1. Payment. On or before August 6, 2014, the Village of Mount Prospect and HELP shall pay $6,500,000.00 (SIX MILLION FIVE HUNDRED THOUSAND DOLLARS) to the Plaintiffs in the form of a cashier's check or wire transfer. The payment of $6,500,000.00 shall be divided between HELP and the Village of Mount Prospect approximately as follows: (a) $6,060,998 by HELP and (b) $439,002 by the Village of Mount Prospect. If payment is made via cashier's check, the check shall be made payable to "Tod Curtis, individually and as agent for Elto Restaurant, Inc. d/b/a Ye Olde Town Inn and as agent for (and as beneficiary), First United Trust Company, as Trustee under Trust No. 10510, and DiMonte & Lizak, LLC" and shall be delivered to the attention of Riccardo A. DiMonte at DiMonte & Lizak, LLC, 216 W. Higgins Rd., Park Ridge, IL 60068. If payment is made via wire transfer, counsel for the Village Defendants and/or HELP shall contact counsel for the Plaintiffs to request instructions for the wire transfer into DiMonte & Lizak, LLC's IOLTA account. 2. Allocation of Settlement Funds. The $6,500,000 settlement payment shall be allocated as follows: l.) $2,000,000 in attorneys' fees incurred by Plaintiffs; and 2.) $4,500,000 in previously incurred and paid expenses, costs, maintenance and repairs. The Village Defendants reserve the right to pay from the attorneys' fees portion, the liquidated amount due and owing, $404,004 to Barnes & Thornburg, the Plaintiffs' previous attorneys, to satisfy their lien. (Please note this may change). 3. Releases. a. Release by Plaintiffs. Plaintiffs hereby release, remise, acquit and discharge the Village Defendants, and each of their respective shareholders, partners, representatives, affiliates, members, officers, directors, professionals, agents, employees, predecessors, successors, heirs, executors, administrators, principals, assigns, parents, trustees and subsidiaries from all actions, causes of action, suits, debts, accounts, 2 reckonings, sums of monies, bills, covenants, contracts, controversies, promises, damages, claims, judgments and demands whatsoever, known or unknown, in law or equity, including, but not limited to, all matters raised or which could have been raised by the Plaintiffs in the District Court Litigation. b. Release by the Village Defendants. The Village Defendants hereby release, remise, acquit and discharge the Plaintiffs, and each of their respective shareholders, partners, representatives, affiliates, members, officers, directors, professionals, agents, employees, predecessors, successors, heirs, executors, administrators, principals, assigns, parents, trustees and subsidiaries from all actions, causes of action, suits, debts, accounts, reckonings, sums of monies, bills, covenants, contracts, controversies, promises, damages, claims, judgments and demands whatsoever, known or unknown, in law or equity, including, but not limited to, all matters raised or which could have been raised by the Village Defendants in the District Court Litigation. 4. For Settlement Only. This Agreement is entered into for settlement purposes only and represents the compromise of all disputed Claims, actual or potential, which the Plaintiffs have or may believe they have. Neither this Agreement, the decision to enter into this Agreement, nor anything done pursuant to this Agreement, shall be construed to be an admission or evidence of any wrongdoing or liability by the Plaintiffs or the Defendants, such wrongdoing and liability being expressly denied. Nor will this Agreement, its existence or its terms be admissible in any proceeding other than a proceeding to enforce the terms of this Agreement. 5. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter contained herein and merges all prior discussions, agreements, contracts or other instruments between them and no party shall be bound by any subsequent instrument, agreement or representation pertaining to the subject matter contained herein unless expressed in writing and signed by the party to be bound thereby. 3 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall have the same force and effect as the other, as one and the same instrument. Signatures may be delivered by facsimile transmission. 7. Governing Law and Venue. This Agreement shall be governed by laws of the State of Illinois. The United States District Court for the Northern District of Illinois, Eastern Division shall be the proper venue for any action regarding the Agreement. 8. Binding Agreement. Each signatory hereto warrants that he/she/it has read and understands this Agreement, that he/she/it intends to be legally bound by the same, that they have entered into this Agreement freely and voluntarily, and has the full right, power, authority and capacity to enter into and execute the same. The Parties hereto further warrant that this Agreement is entered into with no party relying upon any statement or representation made by any other party not embodied in this Agreement. This Agreement shall be binding on the Parties, their agents, representatives and assigns. 9. Representation. Each party to this Agreement is being represented by his/her/its own attorney and this Agreement represents the collaborative drafting of all Parties. 10. Compliance. For purposes of any deadline contained herein, compliance shall be measured by using the date of the postmark using United States mail, first class, or any courier service. 11. Integration Clause. This Agreement supersedes and controls over all prior agreements, understandings and discussions whatsoever. 12. Fees and Costs. Each party is responsible for payment of his/her/its respective attorneys' fees and costs associated with the dispute. 4 13. Non -disparagement agreement. The Parties agree not disparage each other in either public or private forums regarding the terms, issues raised or disputes contained in the District Court Litigation, the Agreement or any other legal proceedings between the Parties. This paragraph shall not be construed to be in derogation of the inherent police powers of the Village or the Village Defendants. 14. Confidentiality agreement. The Parties agree to keep the terms of the Agreement confidential. The Parties may discuss the terms of the Agreement with their attorneys, accountants or other professionals to the extent necessary to perform work regarding tax planning, estate planning and other issues resulting from the payment terms of the Agreement. Further, the Parties acknowledge that the terms of the Agreement may at some point become public, because of the potential for required disclosures pursuant to Freedom of Information Act requests that may be served on the Village of Mount Prospect or HELP and their statutory obligation to respond to such requests. Also, disclosure may be required pursuant to a court order or subpoena. If so, such disclosure shall not be a breach of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 5 Tod Curtis First United Trust Company, as Trustee under Trust No. 10510 By: Its: Elto Restaurant, Inc. d/b/a Ye Olde Town Inn By: Its: William Cooney A Robert Roels Village of Mount Prospect By: Its: /Y Irvana Wilks Michael Janonis William Schroeder Frank Krupa R Tod Curtis First United Trust Company, as Trustee under Trust No. 10510 By: Its: Elto Restaurant, Inc. d/b/a Ye Olde Town Inn By: Its: William Cooney Robert Roels By.- Its: y:Its: CIn Village of Mount Prospect Irvana Wilks T / F. E, .. Michael Janonis William Schroeder Frank Krupa MAYOR illutx:t Pru,,,pco Arlene A. Juracek TRUSTEES Paul Wm. Hoefert A. John Korn John J. Matuszak Steven S. Polit Richard F. Rogers Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 August 7, 2014 VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 zuzow. mountprospect.org Subject: Settlement Agreement between the Village of Mount Prospect and Tod Curtis, Ye Olde Town Inn. "This Settlement Agreement was executed in counterparts as suggested in paragraph 6 of the Agreement. Although no single page contains every signature, the three (3) signature pages, taken together, are sufficient to validate this Agreement. The three (3) signature pages must be kept with this original at all times. If copies must be made of this original, those copies must include all three (3) pages. All of the terms of this Settlement Agreement, including but not limited to all financial obligations, were carried out on August 7, 2014 and it was valid and in full force and effect of that date." M. Lisa 11 Bell Village Clerk �7-mss Dated Village Seal SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is made this 5th day of August 2014, by and between: 1.) Tod Curtis, individually and as agent for Elto Restaurant, Inc. d/b/a Ye Olde Town Inn and as agent for (and as beneficiary), First United Trust Company, as Trustee under Trust No. 10510, (collectively as "Plaintiffs"); and 2.) the Village of Mount Prospect, Irvana Wilks, Michael Janonis, William Cooney, William Schroeder, Robert Roels and Frank Krupa (collectively as "Village Defendants"); ("Plaintiffs" and "Village Defendants," collectively as the "Parties"). RECITALS A. On June 19, 2008, Plaintiffs filed a complaint in the United States District Court for the Northern District of Illinois against the Village Defendants, Errol Oztekin and Oz Development, LLC, alleging claims for violations of 18 U.S.C. § 1962(c), 18 U.S.C. § 1962(d), and 42 U.S.C. § 1983 (for alleged violations of Plaintiffs' rights under both the First Amendment and Fourteenth Amendment). See Curtis, et al. v. Wilks, et al., Case No. 08-cv-3527 ("District Court Litigation"). B. A trial on the issues raised in the District Court Litigation was scheduled to commence on July 7, 2014. C. The Parties recognize that the settlement is to resolve a disputed claim, and that the Village Defendants have denied and continue to deny all claims of misconduct made by the Plaintiffs and any liability to the Plaintiffs. D. The Parties now wish to resolve the issues raised in the District Court Litigation. THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, including the mutual covenants and promises expressed herein, the Parties 1 covenant and agree as follows: 1. Payment. On or before August 6, 2014, the Village of Mount Prospect and HELP shall pay $6,500,000.00 (SIX MILLION FIVE HUNDRED THOUSAND DOLLARS) to the Plaintiffs in the form of a cashier's check or wire transfer. The payment of $6,500,000.00 shall be divided between HELP and the Village of Mount Prospect approximately as follows: (a) $6,060,998 by HELP and (b) $439,002 by the Village of Mount Prospect. If payment is made via cashier's check, the check shall be made payable to "Tod Curtis, individually and as agent for Elto Restaurant, Inc. d/b/a Ye Olde Town Inn and as agent for (and as beneficiary), First United Trust Company, as Trustee under Trust No. 10510, and DiMonte & Lizak, LLC" and shall be delivered to the attention of Riccardo A. DiMonte at DiMonte & Lizak, LLC, 216 W. Higgins Rd., Park Ridge, IL 60068. If payment is made via wire transfer, counsel for the Village Defendants and/or HELP shall contact couiisel for the Plaintiffs to request instructions for the wire transfer into DiMonte & Lizak, LLC's IOLTA account. 2. Allocation of Settlement Funds. The $6,500,000 settlement payment shall be allocated as follows: 1.) $2,000,000 in attorneys' fees incurred by Plaintiffs; and 2.) $4,500,000 in previously incurred and paid expenses, costs, maintenance and repairs. The Village Defendants reserve the right to pay from the attorneys' fees portion, the liquidated amount due and owing, $404,004 to Barnes & Thornburg, the Plaintiffs' previous attorneys, to satisfy their lien. (Please note this may change). 3. Releases. a. Release by Plaintiffs. Plaintiffs hereby release, remise, acquit and discharge the Village Defendants, and each of their respective shareholders, partners, representatives, affiliates, members, officers, directors, professionals, agents, employees, predecessors, successors, heirs, executors, administrators, principals, assigns, parents, trustees and subsidiaries from all actions, causes of action, suits, debts, accounts, 2 reckonings, sums of monies, bills, covenants, contracts, controversies, promises, damages, claims, judgments and demands whatsoever, known or unknown, in law or equity, including, but not limited to, all matters raised or which could have been raised by the Plaintiffs in the District Court Litigation. b. Release by the Village Defendants. The Village Defendants hereby release, remise, acquit and discharge the Plaintiffs, and each of their respective shareholders, partners, representatives, affiliates, members, officers, directors, professionals, agents, employees, predecessors, successors, heirs, executors, administrators, principals, assigns, parents, trustees and subsidiaries from all actions, causes of action, suits, debts, accounts, reckonings, sums of monies, bills, covenants, contracts, controversies, promises, damages, claims, judgments and demands whatsoever, known or unknown, in law or equity, including, but not limited to, all matters raised or which could have been raised by the Village Defendants in the District Court Litigation. 4. For Settlement Only. This Agreement is entered into for settlement purposes only and represents the compromise of all disputed Claims, actual or potential, which the Plaintiffs have or may believe they have. Neither this Agreement, the decision to enter into this Agreement, nor anything done pursuant to this Agreement, shall be construed to be an admission or evidence of any wrongdoing or liability by the Plaintiffs or the Defendants, such wrongdoing and liability being expressly denied. Nor will this Agreement, its existence or its terms be admissible in any proceeding other than a proceeding to enforce the terms of this Agreement. 5. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter contained herein and merges all prior discussions, agreements, contracts or other instruments between them and no party shall be bound by any subsequent instrument, agreement or representation pertaining to the subject matter contained herein unless expressed in writing and signed by the party to be bound thereby. 3 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall have the same force and effect as the other, as one and the same instrument. Signatures may be delivered by facsimile transmission. 7. Governing Law and Venue. This Agreement shall be governed by laws of the State of Illinois. The United States District Court for the Northern District of Illinois, Eastern Division shall be the proper venue for any action regarding the Agreement. 8. Binding Agreement. Each signatory hereto warrants that he/she/it has read and understands this Agreement, that he/she/it intends to be legally bound by the same, that they have entered into this Agreement freely and voluntarily, and has the full right, power, authority and capacity to enter into and execute the same. The Parties hereto further warrant that this Agreement is entered into with no party relying upon any statement or representation made by any other party not embodied in this Agreement. This Agreement shall be binding on the Parties, their agents, representatives and assigns. 9. Representation. Each party to this Agreement is being represented by his/her/its own attorney and this Agreement represents the collaborative drafting of all Parties. 10. Compliance. For purposes of any deadline contained herein, compliance shall be measured by using the date of the postmark using United States mail, first class, or any courier service. 11. Integration Clause. This Agreement supersedes and controls over all prior agreements, understandings and discussions whatsoever. 12. Fees and Costs. Each party is responsible for payment of his/her/its respective attorneys' fees and costs associated with the dispute. .19 13. Non -disparagement agreement. The Parties agree not disparage each other in either public or private forums regarding the terms, issues raised or disputes contained in the District Court Litigation, the Agreement or any other legal proceedings between the Parties. This paragraph shall not be construed to be in derogation of the inherent police powers of the Village or the Village Defendants. 14. Confidentiality agreement. The Parties agree to keep the terms of the Agreement confidential. The Parties may discuss the terms of the Agreement with their attorneys, accountants or other professionals to the extent necessary to perform work regarding tax planning, estate planning and other issues resulting from the payment terms of the Agreement. Further, the Parties acknowledge that the terms of the Agreement may at some point become public, because of the potential for required disclosures pursuant to Freedom of Information Act requests that may be served on the Village of Mount Prospect or HELP and their statutory obligation to respond to such requests. Also, disclosure may be required pursuant to a court order or subpoena. If so, such disclosure shall not be a breach of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 5 Tod Curtis By: Its: First United Trust Company, as Trustee under Trust No. 10510 By: Its: Elto Restaurant, Inc. d/b/a Ye Olde Town Inn By: Its: William Cooney Village of Mount Prospect Irvana Wilks Michael Janonis William Schroeder Robert Roels Frank Krupa Tod Curtis William Cooney 4 I Robert Roels Village of Mount Prospect By: �,�L�N� 4 JuR,4 cE4� Its: M14y10/z Q- 2 Irvana Wilks Michael Janonis William Schroeder Frank Krupa First United Trust Company, as Trustee under Trust No. 10510 By: Its: Elto Restaurant, Inc. d/b/a Ye Olde Town Inn By: Its: William Cooney 4 I Robert Roels Village of Mount Prospect By: �,�L�N� 4 JuR,4 cE4� Its: M14y10/z Q- 2 Irvana Wilks Michael Janonis William Schroeder Frank Krupa Tod Curtis First United Trust Company, asTrustee tin&r Tyust No. 10510 By: Its: Elto lleststtjrant, Inc. cilbl i Ye Olde Town Inn Its: <) . ; { +.5 William Cooney Village of Mount Prospect By: Its: Irvana Wilks Michael Janonis William Schroeder Robert Roels Frank Krupa 2 HIGH LEVEL EXCESS LIABILITY POOL CIO NUGENT CONSULTING; LLC 2409 PEACHTREE LANE NORTHBROOK, IL 60082 WAY TO THE ORDER OF - Tod Curtis and DiMonte and Lizak, LLC, his attorneys Six million ninety-five thousand nine hundred ninety-six and 001100 Tod Curtis and DiMonte and Lizak, LLC, his attomey, U.S. BANK NATIONAL ASSOCIATION SPRINGRELD, ILLINOIS 62701 THE ILLINOIS FUNDS PAYABLE THROUGH 08/07/2014 70-2570-812 C MEMO 095,996.00 HIGH LEVE46r#W4fi$S LIAB%LT& QAd DiMonte and Lizak, LLC, his attonneys Date Type Reference Original Amount Balance Due Payment 08/06/2014 Bill 6,095,996.00 6,095,996.00 6,095,996.00 Check Amount 6,095,996.00 l «-e_ - A ' Cash Term 11:111inois 1 6,095,996.00 1434 1434