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HomeMy WebLinkAboutRes 33-91 09/03/1991 wL/ 8/30/91 RESOLUTION NO. 33-91 A RESOLUTION ACKNOWLEDGING A SETTLEMENT WITH COOK COUNTY SCHOOL BUS, INC. IN CASE NO. 87 CH 3393 WHEREAS, the Village of Mount Prospect is currently a party in a pending lawsuit in the Circuit Court of Cook County, Illinois entitled Cook county S~hool Bus. Inc. v. County of Cook. et al.. No. 87 CH 3393, and in a pending appeal entitled First National ~ank of M~unt Prospect. et al. v. VillaGe of Mount Prospect. et al., No. 90-3699, both involving Cook COunty School Bus, Inc. or the land trust in which its property in the Village is located; and WHEREAS, Cook County School Bus, Inc. and the Village of Mount Prospect have determined that it is in their mutual best interests to resolve the issues raised by said lawsuits; and WHEREAS, some of the parties to said lawsuits have arrived at an understanding resolving all of the matters at issue therein and said understanding has been memorialized in a Settlement Agreement attached to this Resolution as Exhibit "A"; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect has conducted the required public hearings pursuant to notice and has made its affirmative recommendation to the Corporate Authorities as required by the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Village Clerk be directed to execute for and on behalf of the Village of Mount Prospect the Settlement Agreement in the form attached hereto as Exhibit "A". S~CTION TWO: That in furtherance and in compliance with the terms of the Settlement Agreement the Corporate Authorities agree to take such other action as may be required by said Settlement Agreement from time to time to effectuate the terms thereof. S~CTION T~REE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 3rd day of September , 1991. Gerald L. Farley / Mayor / ATTEST: / Village Clerk Law Offic~ 180 North LaS~ ~ PE B N.qt0UPT Chicago, Klinois 60601 312/641-6895 T¢l¢copier 3121641-6888 Telephone September 11, 1991 VIA [~I~DER~J~ EXPRESS ~ ~, MS. Roberts Wintercorn C,¢o~L. Hmb Village of Mount Prospect J~K. S~c~ 100 South ~erson Street ~ O'Co~e~ ~y ~j.~y Mount Prospect, Illinois 60056 Sh~d~ ~i~n G~J.~ Re: Settlement with Cook County School Bus, m~ s. m~ Inc. J~ J. C~e ~ ~ ~' J~ Dear Bobbie: ~d J. Mom J0~H. Mu~s~ Enclosed are the originals of the Settlement ~m~. sz~ Agreement and Mutual Release to be executed by the ~-O'N~ appropriate Village representatives. Please retu~ ~mD.m~ these to me at your earliest convenience. ~c ~t Very truly yours, F~ ~thur M. Holtzman ~ L F~ ~ i. Jo~ ~ ~. ~ ~/~a T~y R. ~d~ ~ c ~u~ Enclosures J~u~ M. ~ J~ G. S~ Of C~ ~ ~ H0upt ~H02500A8091191 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into on this 3rd day of September, 1991, by and between the VILLAGE OF MOUNT PROSPECT, ILLINOIS (hereinafter referred to as the "Village"), by and through its Village President and the members of its Village Board of Trustees (hereinafter referred to collectively as the "Corporate Authorities"), on the one hand, and BEVERLY BAN/f, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 10, 1968 AND KNOWN AS TRUST NUMBER 8-1551 (hereinafter referred to as the "Owner"), and COOK COUNTY SCHOOL BUS, INC., an Illinois corporation (hereinafter referred to as the "Beneficiary"), on the other hand. e~~l~o WHEREAS, the Villag rporation, organized under the laws of the State of~~, s a home rule unit as defined under the Illinois Constitution of 1970; and WHEREAS, the Village has the power, under its ordinances, to enter into a settlement agreement such as set forth herein; and WHEREAS, Owner is the owner of record of a parcel of real estate (hereinafter referred to as the "Subject Property"), which real estate was contiguous to the corporate limits of the Village, which real estate is commonly known as 3040 South Busse Road, Arlington Heights, Illinois, and which real estate is legally described as follows: The North five acres (except the West 210 feet) of the South 25 acres of the Southeast quarter of the Northeast quarter of Section 22, Township 4] North, Range 1], East of the Third Principal Meridian in Cook County, Illinois; and WHEREAS, the Beneficiary is the beneficiary of the trust which is the Owner of the Subject Property; and WHEREAS, previously on March 3, ]987 and on August 4, ]987, the Corporate Authorities of the Village passed ordinances involuntarily annexing the Subject Property into the Village; and WHEREAS, on April 8, ]987, the Beneficiary filed a Complaint for Declaratory Judgment, Injunction, Mandamus and Quo Warranto Relief against the Village, the Corporate Authorities, and others in the Circuit Court of Cook County, Illinois, County Department, Chancery Division, which was assigned case number 87 CH 3393; and WHEREAS, the Village and Corporate Authorities have generally denied the allegations contained in case number 87 CH 3393; and WHEREAS, on June ]5, 1988, the Owner and others filed a First Amended Complaint in another action seeking inter alia, a disconnection from the Village and other relief in the Circuit Court of Cook County, Illinois, County Department, Chancery Division, which was assigned case number 87 CH 5503; and WHEREAS, the Village and Corporate Authorities have generally denied the allegations contained in case number 87 CH 5503; and WHEREAS, case number 87 CH 5503 is currently pending in the Appellate Court of Illinois as number 90-3699; and WHEREAS, both the Village and Corporate Authorities, on the one hand, and the Owner and Beneficiary, on the other hand, wish to avoid the delay and expense of protracted litigation and to resolve amicably all matters and issues actually or potentially in controversy between them relating to case numbers 87 CH 3393 and 87 CH 5503. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including, but not limited to, the covenants and agreements hereinafter set forth, the undersigned parties agree as follows: 1. Each party represents that it has full authority and obtained the necessary approval to enter into and perform this- Agreement in accordance with its terms and conditions. 2. The Owner, prior to execution of this Agreement, will file with the Village Clerk, a proper petition conditioned on the terms and provisions of this Agreement, to rezone the Subject Property from the R-X Single Family Residence District to the R-4 Residential Development District pursuant to the Village Zoning Ordinance. 3. The Village and Corporate Authorities represent that prior to the execution of this Agreement, all appropriate public notices have been made and public hearings held on the provisions of this Agreement by the requisite hearing bodies of the Village - 3 - and those bodies have forwarded their findings and recommendations to the Corporate Authorities. 4. Immediately after the public hearings described in Paragraph 3 and after the execution of this Agreement, the Corporate Authorities shall cause to be adopted an amendment to the Zoning Map of the Village Code of Mount Prospect, Illinois, zoning and classifying the Subject Property, in the R-4 Residential Development District. 5. Upon execution of this Agreement, the Corporate Authorities shall sign a Consent to Permanent Injunction ("Consent") in the form attached hereto as Exhibit A. Such Consent shall, among other things: a. Permit the Court in case number 87 CH 3393 to enter a permanent injunction against the Village and Corporate Authorities prohibiting them from interfering with the Owner and Beneficiary's and their successors' and assigns' right to erect, construct or maintain a garage building for storage of motor vehicles, a parking lot, and a residence on the Subject Property (as modified by the provisions of this Agreement which shall be incorporated therein); b. Not require the Court to make any findings against the Village and Corporate Authorities or in favor of the Owner and Beneficiary; c. Provide that each party shall bear its own costs in case number 87 CH 3393; and d. Otherwise provide for the dismissal with prejudice of case number 87 CH 3393, subject to the Court's retaining jurisdiction to enforce the permanent injunction. - 4 - 6. The parties further agree that the Consent shall be construed by the parties to also permit the following use of the Subject Property and any present and future improvements thereon, for the erection, construction, and maintenance of a garage building with offices, day-care or nursery facilities, a vehicle washing facility, and for parking, service and maintenance of motor vehicles (as defined by Section 1-146) of the Illinois Vehicle Code (Chapter 95-1/2, Illinois Revised Statutes, 1989), provided that the uses and construction of improvements in connection therewith shall be limited by the following: a. A day-care or nursery facility must comply with any and all applicable state and county codes, rules and regulations, and the plans for said facility are in accordance with the plans previously submitted to the Village by the Owner and approved by the Village; b. A vehicle wash to be provided for said facility must be in compliance with any applicable federal and/or state codes and be in accordance with the plans previously submitted to the Village by the Owner and approved by the Village; and c. Parking, vehicle washing, service and maintenance of motor vehicles must be limited to the Owner's or its successors' or assigns' fleet service operations; provided, however, that this shall expressly not include the following: a drop-off or distribution center for the delivery or pick-up of goods not used in the Owner's or its successors' or assigns' trade or business; cartage services with loads in excess of 32,000 pounds; and motor vehicles of tractor/semi-trailer type. 7. The Village represents the Metropolitan Water Reclamation District sanitary sewers to serve the Subject Property in - 5 - accordance with the uses permitted under the terms of this Agreement are located along the west side of South Busse Road. The Village ~urther represents that a municipal water main to serve the Subject Property is presently located along the west side of South Busse Road. The Village agrees that the Owner, its successors and assigns may, for the purpose of serving the Subject Property, connect on to such municipal facilities, and Owner agrees to connect to the Metropolitan Water Reclamation District sanitary sewers, under the following terms and conditions: a. The Owner will pay an application fee and footage charges, if any, in the amounts established under the then current procedures of the Metropolitan Water Reclamation District; b. The Owner shall grant the Village a twenty foot easement located at the rear of the Subject Property for the purpose of the Village installing a 12 inch class 56 water main and fire hydrant to loop the municipal water system (the Owner and Village shall agree to equally share the costs of this installation); c. The Owner shall extend at its cost water mains on its property to connect to the municipal water main; and d. The Owner will pay all tap-on fees, water meter rental fees, oonnection fees, and water consumption and sewer usage fees for water and sewers and at the rates established at the date hereof and from time to time as may be amended by the ordinances of the Village, or by the Metropolitan Water Reclamation District, as is appropriate. 8. The Village will not require the Owner to install any fire hydrants on the interior of the Subject Property, except that automatic sprinkler equipment approved by the Village shall be - 6 installed and maintained in the proposed day-care or nursery facility; provided, further, that if there is any future intensification of the uses of the Subject Property, including but not limited to, by remodeling, expansion or construction of new structures (other than the day-care or nursery facility and vehicle wash), then the Owner shall install and maintain fire hydrants on the Subject Property in accordance with the Fire Prevention Code of the Village. 9. The Village will not require the Owner to pave any additional portions of the Subject Property except as follows: a. The Owner shall maintain and repair existing paved surfaces to a reasonably smooth and usable standard; and b. As provided in the expansion plans as presented by Owner and approved by the Village for a vehicle wash. 10. The Owner shall landscape the Subject Property as shown on Exhibit B attached hereto. The Owner shall have the responsibility to maintain and, if required, replace said landscaping. 11. The Village agrees not to impose any additional requirements or regulations on the existing underground storage tanks on the Subject Property in addition to those required from time to time by other governmental bodies or agencies. The Owner represents that said underground storage tanks are presently in and will be maintained in compliance with state and federal laws and - 7 - such regulations as may be promulgated from time to time by governmental bodies or agencies having jurisdiction in such matters. 12. The Village will not require the Owner to record a plat of subdivision of the Subject Property. 13. Immediately after the passage of the ordinance rezoning the Subject Property, the Corporate Authorities shall cause to be adopted an amendment to Chapter 17 "Vehicle Licenses" of the Village Code of Mount Prospect, Illinois, establishing a uniform license fee for all school buses of Ten Dollars ($10.00) per bus. The Corporate Authorities shall reserve the right to amend this amount from time to time as conditions warrant, provided that no amendment shall be effective until May 1, 1995. 14. The village agrees that the height and design of the perimeter fences surrounding the Subject Property as they exist as of the date of this Agreement are acceptable and shall not require any variances to be obtained. 15. Ail provisions, conditions, and regulations set forth in this Agreement and the Exhibits to which it refers supersede all Village ordinances, codes and regulations to the extent of any conflict therewith and as they may apply to the Subject Property. In all other instances, the Village ordinances, codes and regulations shall apply and control. - 8 16. This Agreement shall be binding upon and for the benefit of the parties hereto, their respective grantees, successors and assigns. 17. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both, or may obtain rescission and disconnection for repudiation or material failure of performance. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if performance has commenced to the satisfaction of the complaining party within twenty-one (21) days of the receipt of such notice. In the absence of any breach by the Village, the Owner waives its right to seek disconnection from the Village. 18. The parties agree that this Agreement and any Exhibits attached hereto may be amended only by mutual consent of the parties, by the adoption of an ordinance or resolution of the Village approving said amendment, as provided by law, and the execution of said amendment by the parties or their successors in interest. - 9 - 19. Immediately after the passage of the ordinance rezoning the Subject Property and the entry of the Consent, the Parties shall stipulate to and dismiss with prejudice as to each other (each party to bear its own costs) the lawsuits captioned Cook County School Bus. Inc. v. County of Cook, et al., No. 87 CH 3393, except for the Court's retaining jurisdiction to enforce the permanent injunction, and First National Bank of Mount Prospect, as Trustee Under Trust Aqreement dated December 22, 1977 and Known as Trust No. LT-1094, et al., v. Villaqe of Mount Prospect, et al., 87 CH 5503 now pending in the Appellate Court of Illinois as number 90-3699, and sign a mutual release in the form attached hereto as Exhibit C. 20. Except as hereinafter expressly provided, this Agreement supersedes all prior agreement, negotiations and exhibits and is a full integration of the entire agreement of the parties. 21. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement and to that end, any such invalid provision, covenant, agreement or portion of this Agreement is declared to be severable. IN WITNESS WHEREOF, the Corporate Authorities and the Owner and Beneficiary have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized 10 fficials and the corporate seal affixed hereto, all on the day and year first above written. VILLAGE OF MOUNT PROSPECT ~ 1 l~l~age President~ / ATTEST: Village Clerk BEVERLY BANK, as Trustee Under Trust Agreement Dated September 10, 1968 and known as Trust No. 8-1551 By _ ATTEST: COOK COUNTY SCHOOL BUS, INC., an Illinois corporation By ATTEST: 11 - AMH:MUTUAL. REL2091191 MUTUAL RELEASE THIS MUTUAL RELEASE is entered into on this 3rd day of September, 1991, by and between the VILLAGE OF MOUNT PROSPECT, ILLINOIS (hereinafter referred to as the "Village"), by and through its Village President and the members of its Village Board of Trustees (hereinafter referred to collectively as the "Corporate Authorities"), on the one hand, and BEVERLY BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 10, 1968 AND KNOWN AS TRUST NUMBER 8-1551 (hereinafter referred to as the "Owner"), and COOK COUNTY SCHOOL BUS, INC., an Illinois corporation (hereinafter referred to as the "Beneficiary"), on the other hand. Village, C~T~?~uthorlties, 0wner and Beneficiary, the undersigned, fo~ n consideration of the execution of a Settlement Agreement by Village and Corporate Authorities, on the one hand, and Owner and Beneficiary on the Other hand, as of September , 1991, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including but not limited to the agreement of the parties to enter into a Consent to Permanent Injunction in Case No. 87 CH 3393, now pending in the Circuit Court of Cook County, Illinois, County Department, Chancery Division, do, for themselves and for their subsidiaries, successors, assigns, officers, directors, agents and any parties subject to their control, the following: 1. Village and Corporate Authorities hereby release Owner and Beneficiary, their present and former directors, officers, agents, employees, successors and assigns, and each of them, separately and collectively, from all claims, causes of action, suits, debts, agreements, damages, and demands whatsoever, known or unknown, in law, in admiralty, or in equity, which either ever had, now has, or which either shall or may have, against any of them, separately or collectively, from the beginning of the worl~ to the ~ate of this document, except for those claims which relate to enforcement of the Settlement Agreement. 2. Village an~ Corporate Authorities covenant that neither will commence, aid or participate in any way, prosecute or cause or permit to be commenced or prosecuted against Owner an~ Beneficiary an~ either's present or former ~irectors, officers, agents, employees, successors and assigns or any of them, separately or collectively, any action or other proceeding base~ on any claim, demand, cause of action, obligation, damages or liability which is the subject of this Mutual Release. 3. Village an~ Corporate Authorities warrant that neither has sold, assigned, transferred, conveye~, or otherwise ~isposed of any claim, demand, cause of action, obligation, damage or liability covere~ by this Mutual Release. 4. Owner and Beneficiary hereby release Village and Corporate Authorities, their present and former directors, officers, agents, employees, successors and assigns, an~ each of them, separately and collectively, from all claims, causes of 2 ction, suits, debts, agreements, damages, and demands whatsoever, known or unknown, in law, in admiralty, or in equity, which either ever had, now has, or which either shall or may have, against any of them, separately or collectively, from the beginning of the world to the date of this document, except for those claims which relate to enforcement of the Settlement Agreement. 5. Owner and Beneficiary covenant that neither will commence, aid or participate in any way, prosecute or cause or permit to be commenced or prosecuted against Village or Corporate Authorities and either's present or former directors, officers, agents, employees, successors and assigns or any of them, separately or collectively, any action or other proceeding based on any claim, demand, cause of action, obligation, damages or liability which is the subject of this Mutual Release. 6. Owner and Beneficiary warrant that neither has sold, assigned, transferred, conveyed, or otherwise disposed of any claim, demand, cause of action, obligation, damage or liability covered by this Mutual Release. 7. This document embodies the entire terms and conditions of the Mutual Release described herein. All words, phrases, sentences and paragraphs, including the recitals hereto, are material to the execution hereof. VILLAGE OF MOUNT PROSPECT TTEST: Village Clerk BEVERLY BANK, as Trustee Under Trust Agreement Dated September 10, 1968 and known as Trust NO. 8-1551 By. ATTEST: COOK COUNTY SCHOOL BUS, INC., an Illinois corporation By. ATTEST: 4