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HomeMy WebLinkAbout95-224 • Resolution No. 95-224 RESOLUTION RATIFYING SETTLEMENT OF EMINENT DOMAIN LITIGATION TO ACQUIRE CASA LINDA APARTMENT COMPLEX WHEREAS, the City Council of the City of Elgin previously considered and approved in Executive Session a proposed settlement of the pending eminent domain litigation to acquire the Casa Linda Apartment Complex property; and WHEREAS, pursuant to the City Council approval in Executive Session the Corporation Counsel caused a settlement stipulation and agreed judgment order to be entered by the court in said litigation on October 13, 1995 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby ratifies and approves the settlement stipulation and agreed judgment order entered by the court in the eminent domain litigation on October 13, 1995, a copy of which is attached. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 25, 1995 Adopted: October 25, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION THE CITY OF ELGIN, a ) municipal corporation, ) ) Plaintiff, ) v. ) Gen. No. 94 L 50255 ) PARK PLACE INVESTMENT PARTNERSHIP, ) PARK PLACE INVESTMENTS, ) GILBERT PURZE, JEROME PURZE, et al . ) Defendants . ) SETTLEMENT STIPULATION AND AGREED JUDGMENT ORDER THIS CAUSE coming to be heard on the motion of the parties for the entry of a Settlement Stipulation and Agreed Judgment Order, and the plaintiff City of Elgin appearing by one of its attorneys William A. Cogley, and the defendants Park Place Investment Partnership, Park Place Investments, Gilbert Purze and Jerome Purze appearing by their attorney Anthony S. DiVincenzo of Campbell i DiVincenzo, NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1 . That the just compensation for the taking of the property described in the petition to condemn as amended by the amendment to the petition to condemn filed on August 11 , 1995, is $1, 975, 000 . No costs or predeposit interest shall be allowed or added thereto, all costs and such interest having been waived. 2 . That the plaintiff City of Elgin shall deposit said funds with the Cook County Treasurer ' s Office on or before November 30, 1995 . Upon the filing by the plaintiff City of Elgin with the Clerk of this Court, the receipt of the Cook County Treasurer for the deposit of such sum, and upon proper notice and motion for an order vesting title and further order of this Court providing for same, the plaintiff City of Elgin shall thereupon be vested with fee simple title to the property described in the petition to condemn as amended. 3. That upon entry of this Settlement Stipulation and Agreed Judgment Order defendants Park Place Investment Partnership, Park Place Investments, Gilbert Purze and Jerome Purze (hereinafter referred to as the "defendants" ) shall provide notice of this Settlement Stipulation and Agreed Judgment Order to all tenants and other occupants of the subject property. The notice attached to this Settlement Stipulation and Agreed Judgment Order shall specifically advise all tenants and occupants of the subject property both in English and in Spanish that by order of the Court all of the tenancies on the subject property are terminated and the property must be completely vacated on or before November 30, 1995 . Defendants shall provide for such notice to all the tenants and occupants of the subject property within five (5) days of the entry of this Settlement Stipulation and Agreed Judgment Order but in no event later than October 31, 1995. 4 . That in the event any tenants or occupants of the subject property fail to abide by such notice and this - 2 - Court 's order to vacate the property on or before November 30, 1995, the defendants within seven (7) days thereafter shall schedule evictions of any such remaining tenants or occupants with the Sheriff 's Office of Cook County. All such evictions will be scheduled and completed as soon as the Sheriff ' s Office schedule permits . The plaintiff City of Elgin agrees to fully cooperate with the defendants in defendants ' efforts to vacate the subject property. 5. That the defendants shall surrender possession of the subject property to the plaintiff City of Elgin on or before December 15, 1995 . Upon surrender of possession of the subject property and upon the completion of the removal of all tenants and occupants of the subject property as described in the preceding paragraphs 3 and 4, the defendants may with proper notice and upon further order of the Court withdraw the funds deposited by plaintiff City of Elgin with the Cook County Treasurer's Office. 6 . That upon the plaintiff City of Elgin depositing " the funds with the Cook County Treasurer's Office as provided for in the preceding paragraph 2 hereof, and without regard to whether an order vesting title or the withdrawal of such funds by the defendants has yet occurred, the plaintiff City of Elgin may proceed immediately thereafter with the demolition of the fire damaged building commonly known as 266-290 Beverly Terrace. - 3 7 . That within twenty-eight (28) days of the entry of this Settlement Stipulation and Agreed Judgment Order the plaintiff City of Elgin shall provide for the dismissal with prejudice of the ordinance violation action pending the Circuit Court of Kane County under General No. 93 OV 3177 and the demolition action pending in the Circuit Court of Cook County under General No. 90 M 30182 . Defendants agree that the dismissal of the civil rights action in the United States District Court for the Northern District of Illinois under General No. 93 C 1646 shall remain permanent and that defendants shall take no action to reinstate said matter. The parties hereto do mutually hereby for themselves, their officials, employees, agents, partners, heirs, executors, administrators, successors and assigns, release, acquit and forever discharge one another, their officials, officers, employees, agents , servants, successors, heirs, executors, administrators, and all other related persons of or from any and all claims, actions, causes of action, demands, rights, damages, costs , losses of service, expenses and compensation whatsoever, including but not limited to any claims asserted by the parties in the ordinance violation action under Case No. 93 OV 3177 , the demolition action under Case No. 90 M3 0182, or the civil rights action under Case No. 93 C 1646 or as a result of any actions by the City of Elgin or the defendants relating to the subject property which the parties now have or may hereinafter accrue on account of or in any way - 4 - growing out of any and all known or unknown, foreseen or unforeseen claims arising from any actions of the parties hereto with respect to the subject property or with respect to the one another. 8. That the parties hereto agree that the stipulations and agreements as set forth herein shall be binding upon the parties and their respective successors and assigns. 9 . That the parties agree to waive view of the premises and consent to the entry of a judgment order according to the terms of this settlement stipulation. NOW, THEREFORE, THE COURT HEREBY FINDS AS FOLLOWS: 1 . That the defendants Park Place Investment Partnership, Park Place Investments, Gilbert Purze and Jerome Purze have been served by process as provided by statute and have entered their appearances, and have had due notice of these proceedings, and the Court has jurisdiction of the subject matter of these proceedings and all of the parties hereto. 2 . That all of the tenants of the subject property and all unknown owners have been named as defendants to this proceeding and have been served by process as provided by statute and have previously been defaulted by order of this Court. The Court has jurisdiction of all of the tenants and occupants of the subject property. No written leases with any tenants exist as to the subject property and all of the - 5 - current tenants are occupying the subject property pursuant to oral month-to-month tenancies . 3 . That the parties have entered into a settlement stipulation waiving view of the premises and jury prove up. NOW, THEREFORE, UPON THE MOTION OF THE PARTIES IT IS HEREBY ORDERED AS FOLLOWS: 1 . That the various undertakings and agreements of the parties as set forth in the preceding paragraphs 1 through 9 of the preceding stipulations are hereby ordered, and that the text of said paragraphs 1 through 9 is by this reference incorporated herein as though repeated in total in this paragraph. 2 . That upon the filing by the plaintiff City of Elgin with the Clerk of the Court the receipt of the Cook County Treasurer for the deposit of the sum of $1,975,000, and upon proper notice and motion for an order vesting title and further order of this Court providing for same, the plaintiff City of Elgin shall thereupon be vested with fee simple title to the property legally described as follows : Parcel 1 : Lots 1, 2, 37, 38 and 39 in Kenilworth Oaks, Unit No. 1, being a subdivision of part of the Southwest Quarter of Section 18 , Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois . ALSO Parcel 2 : Lots 3 through 36 inclusive in Kenilworth Oaks , Unit No. 2, being a subdivision of part of the - 6 - Southwest Quarter of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, in Cook County, Illinois . ALSO Parcel 3 : All of Sharon Court and Beverly Terrace adjoining and accruing to Parcel 1 aforesaid in Cook County, Illinois . ALSO Parcel 4 : All of Sharon Court, Beverly Terrace and Vivian Terrace adjoining and accruing to Parcel 2 aforesaid, in Cook County, Illinois. 3. That the month-to-month tenancies of any and all tenants and occupants of the subject property legally described in the preceding paragraph hereof are hereby terminated and all tenants and all other occupants of the subject property are hereby ordered to completely vacate the subject property on or before November 30, 1995 . As of December 1, 1995, defendants shall have an immediate right to possession of the subject property. Defendants ' right to possession of the subject property is subject to immediate enforcement without further order of this Court. In the event any tenants or occupants of the subject property fail to abide by this order to vacate the property on or before November 30, 1995, the defendants without further order of this court are hereby ordered to immediately thereafter to schedule evictions of any remaining tenants or occupants with the Sheriff ' s Office of Cook County and the Sheriff 's Office of Cook County - 7 - is hereby directed and ordered to schedule and complete any and all such evictions as soon as is reasonably practicable thereafter. 4 . That this is a final order and there is no just reason for delaying enforcement or appeal . 5. That this Court hereby retains jurisdiction of this cause to enforce the provisions of this order, to place the plaintiff City of Elgin in full, complete and quiet possession of the aforesaid property by writ of assistance or otherwise, and to otherwise determine all claims to the compensation deposited as aforesaid. AGREED TO FOR PLAINTIFF AGREED TO FOR DEFENDANTS PARK CITY OF ELGIN PLACE INVESTMENT PARTNERSHIP, PARK PLACE INVESTMENTS, GILBERT PURZE AND JEROME PURZE BY: . 5/ BY: !s' Sl‘)• One of Its Attorneys Their Att r ey ENTER: DATED: �'C'LT�3E1L 13, 1995 J U D guujE EARL ARKI Order Prepared By: OCT 13 1995 William A. Cogley, 414028 Circuit Court-59 Assistant Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 (708 ) 931-5655 - 8 - in Agenda Item No . FT October 15, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Purchase of Service Agreement with Centro de Informacion to Provide Moving Allowance for Casa Linda Residents PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information concerning a moving allowance payment program to residents of the Casa Linda apartment complex. BACKGROUND On October 13, 1995, a settlement agreement was entered by the Court approved for acquisition by the City of the Casa Linda apartment complex. The owners of the property are providing bilingual notice to the tenants under the agreed order. The property is to be completely vacated on or before November 30 , 1995 . There are 80 occupiable units at the complex. Representatives of Elgin Township, Centro De Informacion, and the Hispanic Network have discussed providing assistance in the form of referrals and financial aid through the town- ships . Given the time frame in which the occupants must va- cate the property, it may be desirable for the City to also provide a financial moving allowance. A possible way to administer a City moving allowance to the tenants would be through Centro de Informacion in concert with the City. A lump sum payment for $32 , 000 ( 80 units times $400/unit) could be made to Centro which in turn would identify the lead family of each occupied unit and make the payment . Payment would only be made after the unit is vacat- ed. Centro would be responsible for securing receipts of allowance payments, reporting these to the City, and refund- ing to the City any remaining balance. The current owners of Casa Linda are in the process of providing Centro de Purchase of Service Agreement October 15, 1995 Page 2 Informacion and the City with an inventory of units currently occupied. A copy of a possible Purchase of Service Agreement with Centro de Informacion is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED A meeting between Centro de Informacion, the Hispanic Net- work, and utility companies is being convened by Elgin Town- ship Supervisor Doug Johnson on Monday, October 23 . FINANCIAL IMPACT The $32 , 000 payment could be accommodated within the 1995 riverboat gaming proceeds (275-0000-791-92 . 32 , Casa Linda account) . FINANCIAL IMPACT None. RECOMMENDATION If the City Council decides to provide a moving allowance, the attached Purchase of Service Agreement with Centro de Informacion is one alternative means to implement the pro- gram. Another alternative is for Code Administration to administer such a program through the Hispanic Outreach Work- er with the assistance of Centro. Respectfully submitted, c4 4-itr- Clay . Pearson, Director Code Administration & Neighborhood Affairs Richard B. Helwig City Manager ... PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1995, by and between the City of Elgin, Illinois , an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Centro De Informacion (hereinafter referred to as the "Provider" ) . For and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . That the City shall pay Provider the lump sum amount of Thirty-Two Thousand Dollars ( $32 , 000 . 00 ) for the following program: Contacting all tenants and occupants of the Casa Linda apartment complex with a written notice in English and in Spanish which advises said tenants and occupants of the City of Elgin' s pending acquisition of the Casa Linda property and providing lawful tenants of the property a allowance for moving expenses . 2 . That the Provider shall immediately upon execution of this agreement provide written notifications in English and in Spanish to all tenants and occupants of the Casa Linda apartment complex that the City of Elgin has entered into an agreement to acquire the property and that all tenants and occupants must vacate the Casa Linda apartment complex property on or before November 30, 1995 . The notice Provider shall give to tenants and occupants of the Casa Linda apartment complex shall also inform all such tenants and occupants that the City of Elgin is funding a program whereby lawful tenants and occupants of the property may be entitled to a $400 . 00 per apartment allowance for moving expenses . Provider shall provide to lawful tenants and occupants of the property who vacate the property on or before November 30 , 1995 , the sum of $400 . 00 per occupied apartment unit for moving expenses upon a tenant showing a rent receipt for such person for the most recent month and after the subject apartment unit has been inspected by a representative of the Provider accompanied by the City' s Hispanic Outreach Worker to confirm that the apartment has been completely vacated and is no longer occupied by any person. No more than one $400 . 00 reimbursement for moving expenses shall be provided for any one apartment unit. 3 . That all funds received for this program shall be expended only for the program as described above. In the event Provider changes the program without the written consent of the City of Elgin, all funds shall be refunded to the City. 4 . That all monies granted for this program shall be expended by Provider before December 31, 1995 . 5 . That Provider shall submit to the City on or before December 31 , 1995, a report of the activities of the programs described herein and the actual expenditures made for said programs . Provider shall reimburse to the City any unexpended funds , including but not limited to unexpended funds as a result of vacant units, units for which no reimbursement has been sought or units for which no lawful tenants or occupants can be properly identified. 6 . That Provider shall upon request make available to the City financial documents for the year for which this grant was received. 7 . That no monies shall be used for any purchase of permanent equipment, capital improvements or construction, payment of previous years deficit, activities outside of the state geographic boundary or subsidy for an individual ' s academic study. 8 . That no person shall be denied participation in the reimbursements described herein or the benefits of the programs described in paragraph 1 on the grounds of race, color, religion, national origin, sex or handicap. 9 . That Provider hereby agrees to indemnify and hold harmless the City, its officers, employees and agents, from and against any and all damages , losses , claims , causes of action, lawsuits , judgments or liability whatsoever arising out of the programs described in paragraph 1, Provider' s activities undertaken pursuant to this agreement are as a result of the existence of this agreement . The Provider, at Provider ' s own cost and expense, will defend by counsel of the City' s choosing, any and all claims falling within said indemnification against the City or in which the City may be impleaded with others . 10 . That this agreement shall not be construed to create an employment, joint venture or partnership agreement between the parties hereto . CITY OF ELGIN CENTRO DE INFORMACION By By Kevin Kelly, Mayor Attest : Attest Dolonna Mecum, City Clerk -2-