RECE~VED
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARDC~KS
OFFICE
OF THE STATE OF ILLINOIS
~j~y172605
MATHER INVESTMENT PROPERTIES,
)
STATE
OF ILLINOIS
L L
C
Pollution Control Board
Petitioner,
)
)
VS.
)
ILLINOIS STATE TRAPSHOOTERS
)
ASSOCIATION,
INC.,
)
Respondent.
)
NOTICE OF FILING AND PROOF
OF SERVICE
TO:
Dorothy Gunn, Clerk, Illinois Pollution Control Board,
100 West Randolph Street,
James R. Thompson Center, Suite 11-500, Chicago, IL 60601-3218;
Carol
Webb, Hearing Officer, Illinois Pollution Control Board,
1021
North Grand Avenue East,
P.O. Box
19274, Springfield,
IL 62794-9274
Charles
J.
Northrup, Sorling, Northrup, Hanna, Cullen
&
Cochran, Ltd., Suite
800 Illinois
Building, P.O. Box
5131,
Springfield,
IL 62705
PLEASE TAKE NOTICE that on May 16, 2005, I filed with the Office ofthe Clerk of the
Pollution Control Board an
original and nine copies ofRespondent’s Motion for Stay by U.S. Mail.
The undersigned hereby certifies
that a true and correct copy ofthis Notice ofFiling, together with
a copy of the document described above, were today served upon the hearing officer and counsel of
record ofall parties to this cause
by enclosing same in envelopes addressed to such attorneys at their
business addresses as disclosed by the pleadings ofrecord herein, with postage fully prepaid, and by
depositing same in the U.S. Mail in Springfield, Illinois on the l6t~~
day ofMay, 2005.
The undersigned hereby certifies that a true and correct copy ofthis Notice of Filing, together with
a copy of the document described above, was today served upon
Clerk of the Pollution
Control Board by Federal Express on the
16th
day
ofMa
0O1~T
Pyfllaman
MOHAN, ALEWELT, PRILLAMAN&
1
North Old Capitol Plaza, Suite 325
Springfield, IL 6270 1-1.323
Telephone:
(217) 528-2517
Facsimile:
(217) 528-2553
THIS FILING
SUBMITTED ON RECYCLED
PAPER
C:\Mapa\IL Trapshooters\Proofof Serviee.2.doc/crk
5/16/05
4:30 pm
RECE~VED
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOAR~LERK’SOFFICE
OF THE STATE OF ILLINOIS
MAY
172005
MATHER INVESTMENT PROPERTIES,
)
.
STATE OF
ILLINOIS
L.L.C.,
)
Pollution
Control Board
)
Petitioner,
)
)
vs.
)
ILLINOIS STATE TRAPSIIOOTERS
)
ASSOCIATION, INC.,
)
)
Respondent.
)
MOTION FOR STAY
NOW
COMES
Respondent,
ILLINOIS
STATE
TRAPSHOOTERS
ASSOCIATION,
INC. (hereinafter “Trapshooters”), by its undersigned counsel, pursuant to Section
101.514 ofthe
Board’s Procedural Rules
(35
Ill. Admin.
Code
§
101.514), and moves to
stay this action in light.
of the pendency ofMather Investment Properties,
L.L.C. v.
Illinois
State Trapshooters,
Inc., No.
2003-L-0 144, now pending in the Circuit Court of Sangamon County.
In support ofits motion,
Respondent
states as follows:
BACKGROUND
Attached
hereto
is
a
true
and
correct
copy of the
complaint
filed by
Petitioner in
the
Illinois Circuit
Court located in Sangamon County, Illinois.
(Ex. A)
The Board is
authorized to
take official notice ofsuch filings.
35
Ill. Admin.
§
101.630; see
also Village ofHillside
v. John
Sexton Sand &
Gravel
Corp.,
PCB No.
80-60 (Oct.
30,
1980)
(taking official notice of pending
Circuit Court action).
The
facts
giving
rise
to
the
Sangamon
County
action
and
to
this
proceeding
are
as
follows.
In October of
1998,
Panther
Creek
Office Park,
L.L.C.
entered
into
a
contract with
Trapshooters.
(Ex.
A,
¶6)
Panther
Creek
Office Park, L.L.C.
later
assigned
its
interest in
the
contract to
Mather Investment Properties, L.L.C.
(hereinafter “Mather”).
(Ex.
A, ¶7)
By virtue
ofthese agreements,
Trapshooters agreed
to
sell certain real estate to
Mather.
Trapshooters was
to
receive
the
agreed
purchase
price
(Ex.
.A-1-3)’,
and
Mather
was
to
receive
real
estate
commonly known as “Mather Gun Club Real Estate” (j4~).The parties knew that there remained
on the property spent lead shot from trapshooting that had occurred on the property,
and regarded
the right to mine that lead as valuable.
The agreement provided that:
Seller shall mine the Mather Gun Club Real Estate for lead and remove lead at its
•
cost and
shall be
entitled
to
all proceeds generated therefrom.
If Seller
is
unable
to
contract for the removal of the lead prior
to
December
1,
1998, or prior to
a
closing
date established
herein,
Seller’s
right
to
collect
and
sell the
lead
shall
lapse, and the parties shall close pursuant to the provisions of this Agreement.
(Ex. A-1-11 (emphasis added)).
The
parties
also
recognized that
broken
targets
and
target
fragments
remained on
the
property.
They allocated to the Buyer the responsibility to
clean up those targets and fragments.
The agreement provided that:
It
is
agreed by the parties that Buyer
shall have the
sole
responsibility
and
shall
bear
all
costs
associated
with
the maintenance,
destructiOn andlor removal of all
improvements
existing
on
the Mather
Gun
Club
Real Estate
and
shall
likewise
bear the
sole
responsibility for the
removal of debris
remaining on
the property,
including, but not. limited to, broken shooting targets.
1
The
Circuit
Court
Complaint
is
marked
Exhibit
A.
Attached
to
said
complaint
are
Exhibits
1
through
5.
Tn this
motion,
Defendants will refer to
the exhibits
to
the Circuit
Court
Complaint as Exhibits A-i, A-2, A-~3,
A-4
&
A-5.
2
(Ex. A-1-13).
The contract closed on September 28, 2000,
and Mather took possession of the premises
on that date.
(Ex. A, Ct. I, at
¶
21).
Later,
a public
controversy
arose involving Mather’s
attempt
to
develop the property for
Wal-Mart
Stores
Inc.
(Ex.
A,
Ct.
I,
at
¶22
&
Ex.
A-3-A)
Apparently,
concerns
regarding
contamination resulting
from
future
development of the property were
directed
to
the
Illinois
EPA.
(Compi. Ex.
1) The Illinois
EPA wrote to
Mather, recommending
an
environmental site
assessment.
(~)
The letter indicated that
such a property development
might implicate waste
regulations, that were previously inapplicable:
•
The
flhinois EPA would
like
to
emphasize that
even though no
environmental
permits
were
or
are
generally required
for the
operation of a
shooting
range,
environmental
permits
may
be
required
for
such
activities
as
moving
contaminated
soil
to
other
parts of the
site,
creating piles of contaminated
soils,
and moving contaminated soils offsite.
(Id)2
Mather alleges that it conducted a site assessment,
finding environmental issues allegedly
associated with lead shot and
target debris
from
shooting range operations.
(Ex
A-3).
Mather
expressed
“surprise”
that
there was
a potential
environmental
concern
(Ex.
A-3),
given
that
Hanson Professional
Services, Inc.
(hereinafter “Hanson”)
prepared an
environmental audit
on
the property, which concluded that
2
“Spent rounds of ammunition and target fragments are not.
.
.
‘discarded material’
.
.
because
they have not
been
‘abandoned’
.
.
..“
Long
Island
Soundkeeper Fund
v.
New York
Athletic Club,
42 ERC (BNA)
1421
(Mar. 20,
1996,
S.D.N.Y.)
3
USEPA
and
Illinois
EPA
do
not
consider
expended
materials
on
the
shooting
range to
be
solid or hazardous wastes that would
be
subject to
regulation.
There
is
no
surface water
on
the
site from
which
lead shot
or
dissolved
lead
may be
ingested by
migratory waterfowl.
In our opinion, lead shot and target
debris
on
the shooting range do not pose an imminent or substantial endangerment
to health
or the environment,
and
therefore
are not
considered recognized
environmental
conditions.
(Ex.A,1J25)
On
May
14,
2003,
Mather
sued
Trapshooters
and
Hanson
in
the
Circuit
Court
of
Sangamon County, Illinois.
(Ex.
A)
Trapshooters has been sued for breach of contract, having.
•
allegedly failed
to
“keep the Mather Gun Club
Real Estate
free of all
pollutants
and
hazardous
substances
as
defined by
the
statutes
and regulations
of the
United
States
and of the
State of
Illinois,” (Ex. A,
Ct. I, at ¶27), and having provided a Phase I environmental audit completed by
Hanson pursuant to ASTM standards,
as opposed to Illinois legal standards.
(Ex. A, Ct. I at ¶33)
Hanson was
also sued under a
contract theory (Ex.
A, Ct.
II)
and a negligent misrepresentation
theory.
(Ex. A, Ct.
III) The case remains pending in Circuit Court.
On or about August
16,
2004, Mather filed this enforcement action with the Board.
The
factual
allegations are
common to
those
in
the Circuit
Court
proceeding.
Mather alleges
that
Trapshooters “abandoned the lead fragments, broken clay targets, and associated contamination”
in violation of Section 21(e) ofthe Illinois
Environmental Protection Act (hereinafter “the Act”).
(415
ILCS
5/21(e))
This
enforcement action
seeks
civil
penalties,
injunctive
relief,
and
cost
recovery.
.
•
LEGAL ARGUMENT
In considering a motion to
stay proceeding in light
of another pending matter, the Board
has considered four factors: “(a) comity, (b) prevention ofmultiplicity, vexation and harassment,
(c)
likelihood of obtaining
complete relief in
the foreign jurisdiction,
and
(d) the
res judicata
effect of a foreign judgment in the local forum.”
Environmental Site Developers,
Inc. (“ESDI”)
v.
White and Brewer Trucking, Inc., PCB No.
96-180, at p.
7 (July
10,
1997) (citing A.E. Staley
Mfg. Co.
v.
Swift
&
Co.,
84
Ill.
2d 245,
254 (1980)).
No single factor is determinative, but the
analysis involves
a balancing ofall
factors.
~
ESDI, PCB No. 96-180 (Sept.
18,
1997) (after
finding that none ofthe factors
favored issuance of a stay,
the Board reconsidered
and issued
a
stay in light of additional evidence with respect to two ofthese factors).
The
type
of stay
sought
by
this
motion
is
“aimed
at
avoiding
duplicative
litigation.”
Village ofMapleton v.
Cathy’s Tap,
313
Ill.
App.
3d 264,
266
(3” Dist.
2000).
Here,
the term
“duplicative’ has a different meaning than that set forth in the Board’s regulations:
Two
actions
are
for
the
same
cause
when
the
relief
requested
is
based
on
substantially the same set offacts.
The crucial inquiry is
whether the two
actions
arise
out
of the
same
transaction or
occurrence,
not
whether the
legal
theory,
issues, burden ofproof or relief sought materially differs between the two
actions.
Furthermore, the purpose of the two
actions need not
be
identical; rather,
there
need only be a substantial similarity of issues between them.
Id.
While the two
actions at issue here involve different causes of action, they arise from the
same commercial
transaction by which
Trapshooters
conveyed the property
to
Mather.
The
complaints in both proceedings set forth substantially the same set of facts.
Finally, both
actions
5
involve the common issues of the nature
of the lead mining
transaction and the applicability of
state environmental laws and regulations.
A proper application of the four factors used to
determine whether a stay is
appropriate
yields the conclusion that a stay should be entered here.
A.
Comity.
“Comity is the principle under which courts will give effect to the decisions of a court of
another jurisdiction as a matter of deference and respect.”
ESDI, PCB No.
96-180,
at p.
7
(July
10,
1997).
“Where
another
court
has
taken
jurisdiction
over
a
controversy,
a
court
with
jurisdiction over the same controversy as a result of a later-filed suit will generally, as a matter of
comity, defer to the first court in ruling on the matter before both courts.”
~
While the ESDI
case involved different parties to different actions involving
different, regulatory provisions,
this
case involves the same parties, arguing for an interpretation ofthe same transactional documents.
The Board
does not
determine the rights ofparties to a contract and has directed
parties
in the past to
direct those
issues to
a court of law.
EPA v. Will
County Landfill, Inc.,
PCB No.
72-13, at
p.
2
(Dec.
12,
1972).
Where,
as
here,
the nature of the
contractual transaction
is
a
central issue in adjudicating
environmental liability, comity suggest
that the Board
should defer
to
the state court’s expertise in interpreting the contract.
Village of Mapleton, 313
Ill.
App. 3d at
268.
B.
Prevention of Multiplicity, Vexation and Harassment.
In
deciding
whether to
grant a
stay,
a
court may
consider whether judicial
economy
would be
served
in
granting the
stay.
Philips Elecs.. N.V.
v. New Hampshire
Ins.
Co.,
295
Ill.
App.
3d
895
(1st
Dist.
1998)
In
this
case,
a
stay
would
avoid the
multiplicity
of proof and
argument
concerning the proper interpretation of the contract.
$~
Village of Mapleton, 313
Ill.
•
6
App.
3d
at 268.
Ordinarily, it
is
“uneconomical as well
as vexatious”
for a lawsuit to proceed
where’ another
suit
is
pending in
another
court presenting the
same
issues
between the
same
parties.
Brilihart v. Excess Ins.
Co. of America, 316 U.S. 491,
495
(1941).
C.
Likelihood of Obtaining Complete Relief in State Action.
In the
Circuit
Court
action,
Mather
is
suing
for
“an
amount
not
less
than
$250,000,
including but not
limited to,
all
costs
that
Mather has incurred or will
incur as
a
result of the
contamination of ‘the Property,’
any diminution ofproperty value ofthe parcel from its
intended
use, costs of this suit,
attorney fees and any otherrelief the Court deems just
and proper.”
(Ex. A
at p.
9)
In two
separate counts,
this prayer for relief is also directed towards Hanson, who
is not
a partyto the Board proceeding.
(~
at pp.
11,
15-16)
Hanson’s absence from this proceeding means that the Circuit Court action is more likely
to
provide complete
relief to
Mather than the Board
action in
which
relief against Hanson
is
impossible.
The only relief that
appears unavailable to
Mather in the Circuit
Court proceeding is
the
request for civil penalties.
However, civil penalties cannot be. awarded to
Mather, but are paid to
the Environmental Protection Trust Fund.
(415 ILCS
5/42(a))
In the sense that “relief’ refers to
“the
assistance, redress,
or benefit
which
a
complainant
seeks”
(Black’s
Law
Dictionary
(6th
ed.)), these penalties do not serve a compensatory function, but serve a public policy function.
In
any
event, a stay does not deny Mather any relief from the Board,
but merely directs the parties
to
the Circuit
Court
proceeding until the stay is
lifted.
Village ofMapleton, 313
Ill.
App.
3d
at
268.
7
D.
ResfudicataEffect
“The doctrine of
resjudicata
provides that
a final judgment
on the merits rendered by a
•
court of competent jurisdiction bars
any
subsequent
actions between the
same parties
or their
privies on the same claim, demand or cause ofaction.”
Fried v. Polk Bros., Inc.,
190
Ill. App. 3d
871,
877
(2nd
Dist.
1989).
“The doctrine
is
based
on
the
public
policy
which
favors judicial
economy and
the finality of litigation and is divided into
two branches:
resjudicata,
or estoppel
by judgment,
and
collateral estoppel,
or estoppel by verdict.”
~
“Collateral estoppel
is
also
referred to
as ‘issue preclusion.”
Id.
Here,
resolution
of those
issues
pertaining
to
the
proper
construction
of
the
contract’s
provisions
might
well
be
preclusive
as
to
those
issues
in
subsequent litigation.3
Collateral estoppel or issue preclusion is
a proper consideration in issuing
a
stay
of subsequent
litigation.
Tumminaro
v.
Tuniminaro,
198
Ill.
App.
‘686,
695
(2nd
Dist.
1990);
see also Village ofMapleton, 313
Ill. App. 3d at 268 (holding that a declaratory judgment
action
as to the validity ofan ordinance would have
resjudicata
effects on the same questions in
subsequent litigation).
~
In determining whether
or not
Trapshooters
abandoned
waste
on
the
property,
the
Board will necessarily need to
interpret the contractual provision concerning mining
rights.
See
USA
v.
Petersen
Sand &
Gravel,
Inc.,
806
F.
Supp.1346,
1354
(N.D.
Ill.
1992) (explaining that
when an environmental issue
is raised as to whether or not an
activity relates to waste or a useful
product,
the
inquiry “must by
necessity turn
on
a
fact-specific
inquiry into the
nature of the
transaction.”)
8
•
CONCLUSION
For
the
reasons
stated herein,
Respondent asks
the Board
to
stay
this
action
pending
resolution, of the
Circuit
Court
proceeding,
or for
such
other and
further
relief as
the
Board
deems meet and just.
and
LEWIS, RICE
& FINGERSH, L.C.
Richard A. Abrens
500 North Broadway, Suite 2000
St. Louis, Missouri
63102
(314) 444-7691 (phone)
(314) 612-7691 (facsimile)
Attorneys for Respondent Illinois Trapshooters
Association, Inc.
9
MOHAN, ALE
WELT,
& ADAMI
1
Nc
-
~lPlaza, Suite 325
•Springfield, Illinoi~6270 1-1323
(217) 528-2517 (phone)
•(217) 528-2553
(facsimile)
iN THE CIRCUIT COURT FOR THE SEVENTH JIJDICIAL CIRCUIT
SANGAMON COIJNTY, ILLINOIS
MATHER INVESTMENT PROPERTIES, L.L.C.,
)
an Illinois Limited Liability Company,
)
0144
Plaintiff,
.
)
)
v.
)~,
No.
)
ILLINOIS STATE TRAPSHOOTERS
ASSOCIATION, iNC., an Illinois not-for-
profit corporation,
and HANSON
PROFESSIONAL SERVICES, iNC.,
a
Foreign Corporation, dlb/a HANSON
ENGINEERS INCORPORATED,
Defendants.
)
)
)
)
)
)
)
)
FILED.
MAY
14
ZOOS
C1V..~
rk
.~fth~
A:~:~:’
‘~~/
~~lt
COMPLAINT
NOW COMES Plaintiff, Mather Investment Properties, L.L.C., an Illinois Limited Liability
Company,
by
and through its
attorneys,
Sorling,
Northrup, Hanna,
Cullen
&
Cochran, Ltd.,
R.
GeraldBarns, Thomas H. Wilson, and Charles S. Northrup, ofcoun.sel, andfor its Complaint against
I1~inoisState
Trapshooters Association,
Inc.,
and Hanson Professional Services,
Inc.,
a
Foreign
Corporation, dlb/a HansonEngineers I~icorporated,
states as follows:
ALLEGATIONS
COMMON TO ALL COUNTS
1..
Panther. Creek Office Park, LLC
(hereinafter
PANTHER
CREEK)
is
an
Illinois
limited liability company with offices in Springfield, Illinois.
2.
MatherInvestment Properties L.L.C. (hereinafter
MATHER)
is an Illinois Limited
Liability Company located in Sangamon County,
Illinois.
3.
Defendant
Illinois
State
Trapshooters
Association,
Inc.
(hereinafter
TRAPSHOOTERS) is an Illinois
not-for-profit corporation.
I
S0403044.2 5/7/2003 ROB JOF
4.
Defendant
Hanson
Professional
Services
is
a
Foreign
Corporation
with
its
headquarters in
Springfield,
Sangamon County, Illinois,
and
does business
as Hanson Engineers
Incorporated (hereinafter HANSON).
5.
At all times mentioned herein, one ofthe services HANSON offered to the general
public and sellers and buyers of commercial real propert~T
was information in the form of a Phase
I environmental audit based on evaluation of “the Property” for the guidance of sellers and buyers
of commercial real property, their assigns and
agents in their business transactions.
6.
Onorabout October 13,
1998, PANTHERCREEK
enteredinto acontract (Contract
attached hereto as Exhibit
1-3 through
1-21) to purchase approximately 64
acres ofreal estate
in
Sa.ngamon County, Illinois (“theProperty”) from
TRA.PSHOOTERS,
locatedsouthwest oftheCity
of Springfield, illinois, generally at the intersectionofInterstate 72 and Illinois Route 4, commonly
known as 3006 Mathers Road,
and. legally described as:
The South
3.88 acres of the East Halfofthe Southeast Quarter of Section 13;
The
Northeast
Quarter
of the
Northeast
Quarter
of Section
24;
EXCEPTING
THEREFROM a 0.102 acre tract
conveyed to the
State ofIllinois, Department of
Transportation, by Warranty Deed dated May 6,
1994, and recorded June 27,
1994
as Document No. 94-26746;
The South
3.91 acres of the West Half ofthe Southeast Quarter ofsaid Section
13;
The Northwest Quarter ofthe Northeast Quarter ofsaid Section 24; All in township
15 North, Range 6 West ofthe Third Principal meridian in Curran Township;
Situated in Sangamon County, Illinois.
7.
On
or
about August
24,
1999,
PANTHER
CREEK,
TRAPSHOOTERS
and
MATHER amended the agreement and confirmed assignment of contract to
MATHER.
(A
true
and exact copy ofAmendment to RealEstate Purchase Agreement is attached hereto as Exhibit 1-1
S0403044.2 5/7/2003 ROB
JOF
2
through
1-3).
The October
13,
1998 real estate contract and the August 24,
1999
amendment and
assignment ofthe contract will hereinafter be referred to
as the CONTRACT.
8.
An outdoor shooting range, more recently known as the “Mather Gun Club”, had
been operated on “the Property” since the
193 Os.
9.
‘
At times knownbetter by TRAPSHOOTERS, but at least between 1988 and 1998,
TRAPSHOOTERS
owned
“the Property”
commonly
known as
the
“Mather
Gun
Club”
and
continued to
operate an outdoor shooting range on the parcel.
10.
During the
TRAPSHOOTERS
ownership
of “the Property”,
it consisted of an
outdoor shooting range, several buildings associated with the range, a graveled drive and parking.
lot, campsites, and lawn areas.
11.
During the TRAPSHOOTERS ownership of “the Property”, lead shot,
as well as
broken claytargets, were deposited on “the Property”as a result ofactivities atthe outdoor shooting
range.
12.
Paragraph7(v)ofthe CONTRACT betweenMATFIERand theTRAPSHOOTERS
provides that the TRAPSHOOTERS
shall:
keep
the
Mather
Gun
Club
Real
Estate
Ethe
parcel
free
of
all
pollutants
and hazardous substances as
defined by the
statutes and
regulations ofthe United States and the State ofIllinois.
13.
Paragraph
13
of the CONTRACT
provides that:
A.
Seller at its
expense shall within sixty (60)
days from the date
hereof obtain a Phase
1
environmental audit ofthe subject property
from HansonEngineering CompanyofSpringfield, Illinois, assessing
any pollutants, contaminants, hazardous materials, or other mineral
or
gasoline
products
and
hydrology,
that
are
of
environmental
concern, including asbestos in the buildings.
If a Phase II audit
is
indicated, the cost of the Phase II audit shall be paid by the Seller.”
30403044.2 5/7/2003
ROB JOF
3
C.
The parties agree that the audits contemplated hereby shall be
provided to both Seller and Buyer and that the contents thereofshall
not be disclosed to anyone except the parties’ engineers, consultants,
attorneys and lenders.
14
Paragraph 27 of the
CONTRACT
provides that:
This Agreement shall be construed and governed by the laws ofthe
State ofIllinois and any action to enforceits terms orconditions shall
be
brought
in
the
Circuit
Court
of
Sangamon
County,
Illinois,
therefore.
.
15.
Paragraph
10 ofthe CONTRACT provides that in the event ofa default under the
CONTRACT, the defaulting party shall be responsible for the expenses
and reasonable
attorney
fees ofthe non-defaulting party.
16.
During
the
negotiations
between
PANTHER
CREEK,
MATRER
and
the
TBAPSHOOTERS,
TRAPSHOOTERS
was
informed
or
otherwise
made
aware
that
“the
Property”
was
being purchased
for commercial
development
that
would
include
normal
and
customary development activities
such as
the construction of buildings, parking lots, roads and
otherimprovements which would cause soil on almost all of“the Property”to be disturbed, moved
orremoved from the site.
17.
Prior to
September
1998,
TRAPSHOOTERS
had
been considering selling
“the
Property” as “commercial property.” TRAPSHOOTERS knewthat any purchaser orits mortgage
lender of“the Property” would require a Phase I environmental audit of“the Property” meetingthe
requirements of federal
and Illinois
law be
performed by an engineering finn
assessing whether
there were recognized environmental conditions on “the Property.” TRAPSHOOTERS knewthat
any
purchaser
or
mortgage
lender
of
commercial
property
who
failed
to
obtain
a
Phase
I
environmental
audit,
or
took
title
with
a
Phase
I
environmental
assessment
that
there
were
S0403044.2 5/7/2003 ROB JGF
4
recognizedenvironmental conditions on “the Property” could orwould be liablefor any rernediation
costs or damages assessed by the EPA or IEPA.
18.
Because ofits knowledge ofthe facts alleged in paragraph 17 above, sometimeprior
to September 1998, TRAPSHO
OTERS
entered into a contractwith HANS
ON
whereby HANSON
agreed to
perform a Phase I environmental audit
of “the Property” in
return for payment by
the
TRAPSHOOTERS, forthe direct benefit of
PANTHER CREEK,
MATHER or other thirdparty
intending to purchase “the Property” for development.
19.
HANSON knew or should have known “the Property” was
being purchased for
commercial developmentpurposes, which included theconstruction ofbuildings, parking lots, roads
and other improvements, which would cause
soil on
almost all of “the Property” to
be disturbed,
moved orremoved from the site, and knewor should have knownthat purchasers of“the Property”
would rely on the representations and assessments in its Phase I environmental audit.
20.
In accordance with the express provisions ofparagraph
13 ofthe
CONTRACT,
the
Phase I environmental “audits contemplated hereby were
to
be provided to both Seller and Buyer
.“
by HANSON.
HANSON delivered the Phase I environmental audit of“the Property” to the
TRAPSHOOTERS
on
or
about September
29,
1998
and
authorized release
of the
report to
MATHER
and other potential or actual purchasers of“the Property”.
HANSON knew or should
haveknownthat
TRAPSHOOTERS,
MATHER and/orany purchaser of“theProperty”would rely
on
its
Phase I environmental
audit for guidance
in their business transaction of purchasing “the
Property”.
S0403044.2 5/7/2003
ROB JOF
5
COUNT I
~R~ACH
OF CONTRACT
(TRAPSHOOTERS)
1-20.
MATHIER
restates
and
realleges
paragraphs
1
though
20
of the
“Allegations
Common to All Counts” as paragraph
1
through 20 of Count I ofPlaintiff’s Complaint.
21.
.
MATHER performed all of its obligations
under the
CONTRACT
by paying to
TRAPSHOOTERS the sum of money required under the CONTRACT, closed and took title to
“the Property” on September 28, 2000.
22.
OnAugust 24,
1999,
MATHER entered into a contract with Wal-Mart Stores Inc.
(hereinafter WAL-MART) for the sale of “the Property”.
23.
WAL-MART’s
closing on its
purchase ofthis
Property is
expressly
conditioned
upon WAL-MART being able to receive all necessary written approvals, permits and licenses as
may be
required for the construction of its facilities upon “the Property,” from all appropriate and
applicable governmental agencies and entities, including, but not limited to the U.S. Environmental
Protection Agency (“EPA”) and the Illinois Environmental Protection Agency (“IEPA”), via a “no
furtherremediation” (“NFR”) letter.
24.
On August
17,
2001, the IEPA
sent
a letter
to MATHER
informing it that
any
development or construction on
“the Property” would be
a new use of “the Property”, taken in
combination with the contamination resulting from activities
at the former shooting range, could
pose an unacceptable risk to human health and/orthe environment.
(A true and exact copy ofthe
letter is attached as Exhibit 3A).
25.
Because ofthe IEPA letter (Exhibit 3A) and other contacts with the EPA,
in order
for WAL-MART
to
obtain
all the necessary written approvals, permits
or licenses that
may be
S0403044.2 5/7/2003
ROB JOF
6
required for construction of its facilities on “theProperty,” MATHER has beenrequired to prepare
and submita remediation planto the IEPAto obtain approval or a NFR letter for anyone to disturb,
store,
or move
off site the
lead
contaminated soil
on
“the Property.”
WALMART,
or any
purchaser, cannot construct any facility on “theProperty” without disturbing, storing, ormovingoff
site the lead contaminated soil on it.
26.
At present, EPA and EPA
have not made a decision or decisions about granting
appropriate and applicable licenses, permits, or approval concerning this remediation plan.
27.
Pursuant to
Paragraph 7
(v) ofthe
CONTRACT,
as
a condition ofthe purchase
agreement, TRAPSHOOTERS had a contractual
obligationto “keep the Mather Gun Club Real
Estate free of all pollutants and hazardous substances as defined by the statutes and regulations of
the United States and the
State ofIllinois.”
28.
That at all times mentionedherein, lead shot and contamination associated with clay
targets resulting from the shooting range was and is a pollutant and hazardous substance under the
statutes,
regulations, and case law ofthe United States and Illinois.
29.
At all times
mentioned herein, the existence of lead shot and contamination on the.
“property” was and is
a recognized environmental condition by the EPA and EPA.
Mather first
learned ofthis fact after it received Exhibit 3A.
30.
In violation of Paragraph 7(v) of the CONTRACT, TRAPSHOOTERS
did
not
deliver “the Property” to MATHER “free ofall pollutants and hazardous substances
.
.
.“
31.
TRAPSHOOTERS
also
had
a
contractual
obligation
to
“obtain
a
Phase
1
environmental audit ofthe subject property from HANSON Engineering Company of Springfield,
Illinois,
providing
information
based
‘on
evaluation
assessing
any
pollutants,
contaminants,
S0403044.2
5/7/2003
ROB JOF
7
hazardoi~ials,
or other mineral o,~
oline products and hydrology, that are ofenviro~ental
concern.
.
.
construed and
governed by the laws of the State ofIllinois” that were to
be used as
guidance by the seller, buyer, and any assignees in their business transaction.
32.
A “Phase I environmental audit” under Illinois law requires: (a) a recorded chain of
title documents regarding the real property, including all deeds,
easements, leases, restrictions, and
covenants
for a
period
of 50
years
(415
ILCS
5/22(j)(6)(E)(v)(I)),
(b)
an
affirmation
by
each
environmental professional ofthe truthofthe facts in thereportmade under penaltyofpeijury (415
ILCS
5/22(j)(6)(E)(vii));
and (c) an affirmation by defendant ofthe truth of the facts in the report
made under penalty ofperjury (415
ILCS
5/22(j)(6)(E)(vii)).
33.
En violation of Paragraph 13 arid 27 ofthe
CONTRACT,
TRAPSHOOTERS did
not provide a
“Phase I environmental audit”
consistent with Illinois
law, but instead provided a
Phase I environmental audit completed by HANSON pursuant to the American Society for Testing
and Materials (ASTM) standards.
(Atrue and exact copy ofPhaseI environmental audit is attached
as Exhibit 2).
34.
The failure ofTRAPSHOOTERS to
perform in accordance with the terms ofthe
CONTRACT as set forth above constitutes a breach of contract.
35.
MATHER has providedTRAPSHOOTERS with Noticesofthe breachofcontract
as requiredby paragraph9 ofthe
CONTRACT.
(True and exact copies ofsaid Notices are attached
as Exhibits
3
and 4).
36.
The failure of TRAPSHOOTERS to
perform in accordance with the terms of the
CONTRACT as set forth above and the lead shot and contamination associated with clay targets
remaining on “the Property” has caused MATHER substantial money damages, including but not
S0403044.2 5/7,2003 ROB JOF
8
limited to
cost in additional environmental investigation and remediation, loss of use, loss in value,
and attorneys fees which
currently exceed $250,000.00
and is growing.
WHEREFORE, MATHER respectfullyrequests that judgment be entered in its favor and
against TRAPSHOOTERS in an amount not less than $250,000.00,
including but not limited to,
all costs that MATHER has incurredorwill incuras a resultofthe contaminationof“theProperty”,
any diminution ofpropertyvalue ofthe parcel from its intended use, costs ofthis suit, attorney fees,
and any other reliefthe Court deemsjust and proper.
COUNT
II
THIRD
PARTY BENEFICIARY CONTRACT
(HANSON)
1-20.
MATHER
restates
and
realleges paragraphs
1
through
20
of the
“Allegations
Common to All Counts” as paragraphs
1
through 20 ofthis Count II ofPlaintiff’s Complaint.
21.
In accordance with the provision expressly identifying HANSON in paragra~h
13
of the
CONTRACT,
the
TRAPSHOOTERS
entered
into a
contract or purchase
order
with
HANSON whereby HANSON agreed to perform a Phase I environmental audit of“the Property”
in return forpayment by the TRAPSHOOTERS, forthe direct benefit ofMATHER or other third
party intending to
purchase “the Property” for development.
TRAPSHOOTERS
and HANSON
have
copies
of the
contract or
purchase
order to
make
a Phase I
environmental
audit
of “the
property.”
MATHER does not have a copy of this contract or purchase order.
22.
In accordance with express provisions
of paragraph
13
of the
CONTRACT,
the
Phase I environmental “audits contemplated hereby were
to
be provided to both Sellerand Buyer.
“directly or indirectly through TRAPSHOOTERS.
S0403044.2 5/7/2003
ROB JOF
9
23.
In September,
1998, HANSON prepared its Phase IEnvironmental SiteAssessment
for “the Property” and the audits were provided to
both the Seller and Buyer.
24.
The
information
and
assessments
in
the
Phase
I
environmental
audit
of
‘The
Property”, prepared by HANSON, was material
to MATHER’s
decision and
consideration to
purchase “the Property”.
25.
MATHER performed all
of its
obligations under the
CONTRACT
by paying to
TRAPSHOOTERS the sum of money required under the CONTRACT, closed and took title to
“the Property” on September 28,
2000.
26.
HANSON breached its obligations under its contract with the TRAPSHOOTERS
by failing to identify the lead shot on “the Property,” the presence or likely presence ofa release or
a
substantial
threat
of a release of a
hazardous substance or pesticide
at,
on,
to,
or from
“the
Property,” as requiredby 415 ILCS
5/22(j)(6)(E)(1~r)W
and 415 ILCS
5/22(j)(6)(E)(vii)
for a “Phase
I Environmental Audit.”
27.
HANSON breached its
obligations under its
contractwith the TRAPSHOOTERS
by‘failing to comply withASTM Practice E 1527-97 and by failing to identify the lead shot and clay
pigeons, as recognized environmental conditions associated with’ “the Property”.
‘
28.
On August 24,
1999,
MATHER entered into a contract with Wal-Mart Stores Inc.
(hereinafter WAL-MART) for the sale of “the Property”.
29.
WAL-MART’s
closing
on its
purchase ofthis
Property is
expressly conditioned
upon WAL-MART being able to receive all necessary written approvals, permits and licenses
as
may be required for the construction of its facilities upon “the Property,” from all appropriate and
applicable governmental agencies and entities, including, but not limited to the U.S. Environmental
S 0403 044.2 5/7/2003
ROB JOF
10
Protection Agency (“EPA”) and the Illinois Environmental Protection Agency (“EPA”),
via a “no
further remediation” (“NFR”) letter.
30.
On
August
17,
2001,
the EPA
sent
a letter to
MATHER informing
it that
any
development or construction
on
“the Property” would
be
a new use of “the Property”, taken in
combination
with the contamination resulting from activities
at the former shooting range, could
pose an unacceptable risk to human health and/or the environment.
(A true and exact copy of the
letter is attached as Exhibit 3A).
31.
In order for WAL-MART to obtain all the necessary written approvals, pennits or
licenses that may be requiredfor construction ofits facilities on “theProperty,” MATHER hasbeen
required to prepare and
submit a remediation plan to the EPA
to
obtain
approval for anyone to
disturb, store, or move offsite the lead contaminated soil
on “the Property.”
WALMART, or any
purchaser, cannot constructany facilityon “theProperty” without disturbing, storing, ormoving off
site the lead contaminated soil on it.
32.
At present, the EPA and EPA
have not made a decision or decisions about granting
appropriate and applicable licenses, permits, or approval concerning this remediation plan.
33.
The
lead shot
and
contamination
associated with
clay targets remaining
on
“the
Property” has caused MATHER
substantial
money damages, including
but not
limited
to
cost
associated with environmental investigation and remediation,ioss.ofuse,.lossin value,and attorneys
fees which currently exceeds $250,000.00
and continues to grow..
WHEREFORE, MATHER respectfully requests that judgment be entered in its favor and
against HANSON in an amount not less than $250,000.00,
including but not limited to,
all costs
that
MATHER
has incurred or will incur as a result ofthe contamination of “the Property”, any
S0403044.2 5/7/2003
ROB JOF
11
diminution ofproperty value ofthe parcel from its intended use, costs ofthis suit, attorney fees, and
any other relief the Court deems just and proper.
COUNT
III
NEGLIGENT MISREPRESENTATION
(HANSON)
1-20.
MATHER
restates
and
realleges
paragraphs
1
through
20
of the
“Allegations
Common to All Counts” as paragraphs
1 through 20 ofthis Count III ofits
Complaint.
21.
At all times relevantto this Complaint, HANSONheld itselfout to the general public
on its web site( http://www.hansonen~ineers.
com/environmentalservices/aboutus/Services/land.
~)
as specialists of environmental information to assist customers in “purchasing property” by
providing “Environmental assessments/audits.”
(A copy of this
web page
is
attached hereto as
Exhibit
5).
22.
HANSON
is
in
the business of providing information
to
others
with respect to
environmental
assessments of property for the guidance of sellers
and
buyers of property
in the
business transaction of selling and buying property and,
therefore, owed a duty to MATHER to
communicate true facts and information.
23.
In accordance with the provisions expressly identifying HANSON in paragraph 13
of the
CONTRACT,
HANSON evaluated “the Property” subject ofthis
litigation and provided
information by way of a Phase I environmental audit for the guidance of TRAPSHOOTERS and
PANTHER
CR.EEKIMATHER, and their assigns in their business transaction of MATHER’s
purchase of“the Property”.
S0403044.2 5/7/2003 ROB JOF
12
24.
The “Findings and Conclusions” section in the HANSON’s September 1998, Phase
I
environmental
audit
declared
that
“This
assessment
has
revealed
no
evidence
of recognized
environmental conditions
in connection with “the Property”.”
(Exhibit 2-17).
25.
The HANSON Phase I environmental audit further stated that:
“TJSEPA and Illinois EPA do not considerexpended materials on the
shooting rangeto be solid orhazardous wastes that would be subject
to regulation.
There is no
surface water on the site from which lead
shot or dissolved lead may be
ingested by migratory waterfowl.
In
-
our opinion, lead shot and target debris on the shooting range do not
pose
an
imminent
or
substantial
endangerment
to
health
or
the
environment,
and
therefore
are
not
considered
recognized
environmental conditions.”
(Exhibit 2-18)
26.
Since
at
least 1995,
the Illinois
Environmental
Protection Agency
(“EPA”)
has
regulatedclosed orformershooting ranges, pursuant to its authority under theIllinois Environmental
Protection Act,
including the removal ofcontaminated soil.
27.
On August 17, 2001, the EPA
sent a letterto MATHER informing itthat a newuse
of “the Property”, taken in
combination
with the
contamination resulting
from
activities
at the
former shooting range, could pose an unacceptable risk to human health and/or the environment.
(A true and exact copy ofthe letter is attached as Exhibit 3A).
28.
HANSON wasnegligent in providingthe statements and information provided in its
Phase
I
environmental
audit
(Exhibit
2)
which
contained
one
or
more
false
statements,
misrepresentations, or inadequate statements or failed to disclose the following material facts:’
A.
The assessment revealed no
evidence ofrecognized environmental
conditions in connection with “the Property”.
B.
Moving, piling soil on site or moving it off site, could constitute
an
uncontrolled risk to humanhealth which would require purchasers of
“the Property” to pay for federal and state environmental permits and
remediation costs.
S 0403044.2 5/7/2003
ROB JOF
13
C.
Ifa purchaser of “the Property” disturbed, stored, or moved any soil
in “the Property” containing lead, it could be forced by the EPA and
EPA
to pay expenses ofremediation of“the Property” and to obtain
permits for such actions.
D.
The lead shot
and
clay fragments on
“the Property”
are subject to
regulations
under the Federal Resource
Conservation &
Recovery
Act (“RCRA”).
E.
The lead shot
and clay fragments in the soil on
“the Property” was
subject
to
regulation
under
the
Federal
Comprehensive
Environmental
Response,
Compensation
&
Liability
Act
(“CERCLA”).
F.
Disturbing,
storing, moving soil
containing lead on
“the Property”
would bring such actions under the regulations of the EPA or EPA
and could only be done after obtaining permits.
The potential costof
disturbing, storing, or movingsoil pursuant to EPAor EPA
couldbe
so greatthat it would prohibit any use of “the Property” and make it
worthless.
G.
The lead
shot on
“the Property” constitutes
the
presence or likely
presence
of
a
release
or a
substantial
threat
of
a
release
of
a
hazardous substance or pesticide at,
on, to, or from “the Property,”
as
required
by
415
ILCS
5/22(j)(6)(E)(v)(I)
and
415
ILCS
5/22(j)(6)(E)(vii)
for a “Phase I Environmental Audit.”
29.
Theinformationwas madeby HANSONwith the knowledgeand intent that itwould
guide
or induce TRAPSHOOTERS,
MATHER, or
other third party
to
transact
business
by
purchase “the Property”.
‘
30..
Prior
to
August
17,
2001,
MATHER did
not
have personal
knowledge
of the
regulatory
status ofthe lead shot and clay targets under federal
and state environmental laws and
reasonably
believed
and
relied
on
the
skill,
experience,
and
expertise
of HANSON
and
the
representations it made in its PhaseI environmentalaudit and purchased“the Property” injustifiable
reliance on completeness
and truth ofthe statements contained therein.
S0403044.2 5/7/2003 ROB JOF
14
31.
MATHER
first
discovered
that
HANSON
might
be,
or
was,
negligent
in
its
preparation, assessment, and findings as contained in the Phase I environmental audits and as set
forth in paragraph 28A above, and its failure to disclose the material facts alleged in paragraphs 28
B
through F after it received the August
17,
2001, JEPA letter and through
its
contacts with the
EPA
since that date.
32.
IfMATHER had knownthe statements in paragraph 28A above was not true, or the
thaterial facts not disclosed
in paragraphs 28, B,
C, D, E
and F, it would not have closed on the
purchase of“the Property”.
33.
MATHER
has
and
will
continue
to
incur
damages
in
payment
of costs
of
engineering, permits,
attorneys fees,
and remediation costs in order to
comply with
the express
condition precedent concerning obtaining “governmental approval” with WAL-MART.
34.
Thenegligent acts oromissions ofHANSON as allegedin paragraph 28 above, have
caused MATHER
to incur, and in the future incur, substantial damages including,
but not limited
to
cost associated with environmental investigation
and remediation,
loss in value, and attorneys
fees.
WHEREFORE, MATHER respectfully requests that judgment be entered in its favor and
against HANSON in an amount not less than $250,000.00,
including but not limited to,
all costs
50403044.2 5/7/2003
ROB JGF
15
that MATHER has incurred or will incur as a result ofthe contamination of“the Property”,
any
diminution ofpropertyvalue ofthe parcel from its intended use, costs ofthis suit, attorney fees, and
any other relief the Court deems just and proper.
PLAINTIFF DEMANDS TRIAL
BY
JURY
OF 12 ON ALL COUNTS.
MATHER iNVESTMENT PROPERTES,
LLC,
Plaintiff,
~
One o
Its
A’~&neys
Sorling, Northrup, Hanna,
Cullen & Cochran, Ltd.
R. Gerald Barns, Thomas H. Wilson and
Charles 3. Northrup, ofCounsel
Suite
800 Illinois Building
P.O. Box 5131
Springfield,
IL 62705
Telephone: 217.544.1144
AFFIDAVIT
STATE OF ILLINOIS
)
)
SS.
COUNTY OF SANGAMON)
MATHER Investment
Properties, LLC,
by
a Member,
pursuant to
Supreme
Court
Rule
222(b), does hereby state that the money damages sought exceed $50,000.00.
‘~~eonard
1~T
Sapp, Member
Subscribed and sworn to before me this
fl//k
day of
TY\
~
,2003.
~
&~-
S0403Q44.2
5/7/2003
RGB
~
16
~NOTAPUBL1cSTATEOF~LUNOIS
AMENDMENT TO REAL ~STI&TEPURCHASE AGREEMENT
THIS
AMENDMENT1
made
and
executed
this24thday
of August,
1999,
by and
b~ieen
the
1LL1NOI.S STATE TRAPSHOOTER’S
ASSOCIATION,
INC.,
an
Ulincis
not-for-
profit corporation,
hereinafter ~Ued
“Seller,”
and MATHER INVESTMENT PROPERTIES,
L.LC.,
an
Illinois
limited liability
company
(as
Assignee of PANTHER
CREEK OFFICE
PARKE
L.L.C.,
under
a
Real
Estate
Purchase Agreement
entered
into
by PANTHER
CREEK
OFFICE
PARK,
LL.C.,
as
Buyer,
on
October
13,
1998),
hereinafter
called
“Buye~
W1TNESSETH:
RECITALS.
WHEREAS,
Seller
and
Buyer
entered
into
a
certain
Real
Estate
Purchase
Agreement (hereinafter
the
“Agreement”)
dated the 13th
day of October,
1998,
regarding
the
property
commonly
known
as
the
Mather
Gun
Club
Real
Estate
(hereinafter
the
“Pro~rty’),a copy ofwhich
is
attached
hereto
and made a part hereof
as Exhibit A;
and
WHEREAS,
Seller and Buyer desire
to
amend the Agreement in certain particulars.
NOW
THEREFORE,
for
the consideration stated below and for
the
mutual
promises
herein
set
forth, the Agreement
is
amended as follows:
-
1.
EXTENS~ON
OF
AGREEMENT.
The
Agreement
is hereby
extended to
and
includiflg
August 31,
2000,
with all
original terms
and conditions to apply.’
2.’
CONSiDERATION.
As and for consideration of this
Amendment,
Buyer
has
paid to
Seller
the
sum
of
Three
Hundred Thousand and
No/iCC
Dollars ($300,000.00)
in
certified
funds.
Buyer does
t~ereby
acknowledge
and agree that said entire amount
is
the
sole
property of
Seller and is in no
respect refundable
to Buyer,
notwithstanding any
term
or
provision
of the Agreement or of this Amendment to the
contrary.
Seller
and Buyer do
HlBIT
hereby agree
that
of
said
amount,
Two
Hundred
Fifty Thousand
and
No/iCO
Dollars
($250,000.00)
will be
applied to the purchase price
at any closing between
the parties, with
the
remaining Fifty Thousand
arid
NoIlCO
Dollars
($50,000.00)
not
applicable
to~
the
purchase
price.
Absent a closing by the parties,
the
entire
amount
shall
remain the sole
property of Seller.
‘Seller does hereby acknowledge that
Buyer has previously paid to it
Ten Thousand
and No/i 00 Dollars
($10,000.00), nonrefundable and
applicable to
the
purchase price at any subsequent closing,
and
that Buyer has placed Ten Thousand
and
No/i 00
Dollars ($10,000.00)
in
escrow, which shall also be applicable
to
the purchase
price upon closing
and which is refundable
to Buyer,
solely
as allowed by the terms and
conditions
of
the Agreement.
3.
LEASES.
Seller agrees not to enter into any leases for the Property at
any’
time
prior to
the expiration
of
this Amendment.
Seller hereby represents to
Buyer that
there
are currently rio
leases in
effect for
the
Property.
IN
WITNESS WHEREOF,
this
Amendment
is signed
on
the day
arid
year
first
ILLINOIS STATE TRAPSI4OOTER~S
ASSOCIATION,
INC., an
illinois
not-
for-profit corporation
_______
By:_______
A.
in Y/un~bl~od~
President.
written
above.
MAThER INVESTMENT
PROPERTIES,
L.L.C.,
an Illinois limited
liability company
By:
~
‘~—‘..-
Leonard W.
Sapp,
Member
“‘
By~
~
homas Lewis,
Member
By:
~
~
~hn
B.
Clark,
Member
-2-
4,
l
d~
~
AM~
REAL ESTA IE
PURCHASE AGREEMENT
I
3I~
THIS
AGREEMENT,
made
and
executed
this
~
day of October,
1998,
by and
between
ILLINOIS
STATE
TRAPSHOOTERS
ASSN.,
INC.,
an
Illinois
not-for-pro~t
corporation (hereinafter called “Seller”), and’ PANTHER CREEK OFFICE
PARK, L.L.c.,
an
Illinois
lihiited liability company with offices
in
Springfield,
Illinois (hereinafter called
“Buyer”); WITNESSETH:
RECITALS
WHEREAS,
Seller
has’ represented
to
Buyer that Seller
is
the owner of the
real
estate
described
on
Annex
A,
attached hereto,
incorporated
herein
and
made
a
part
hereof,
hereinafter called “Mather Gun
Club Real Estate”;
NOW,
THEREFORE, for and
in consideration
of the
mutual
promises
herein set
forth, Seller hereby agrees to sell to
Buyer,
and
Buyer hereby agrees to purchase
from
Seller the real estate described on Annex A upon the following terms and conditions:
SUBSTANTIVE
1.
Purchase
Price:
The
purchase
price
(“Purchase
Price”)
of the
subject
property
shall
be Two
Million
One
Hundred Thousand
Dollars
($2,100,000.00),
based
upon
Seller’s representation to Buyer that the Mather Gun Club Real Estate contains at
least sixty-three
and four tenths (63.4) acres of land
and contains all
the land owned
by
Seller
in
Sections 24 and
13,
Township
15 North,
Range
6 West of the Third
Principal
Meridian,
Sangaman
County,
Illinois.
Buyer,
at
its
expense,
shall
obtain
a
boundary
survey
of
said
Mather
Gun
Club
Real
Estate
by
Crawford,
Murphy
&
Tilly,
Inc.
of
Springfield,
Illinois,
showing the exact
acreage of the
real estate.
Buyer shall pay the
cost
of such
survey.
In
the
event
the
survey discloses
more or
tess
than
63.4
acres,
the,
Purchase Price shall be adjusted by multiplying the exact number of acres shown
by the
survey
by
Thirty-three
Thousand
One
Hundred
Twenty-three
and
02/100
Dollars
($33,123.02) per acre or fraction thereof.
The
amount of acreage shall
be
conclusively
determined
by the
survey.
Subject to the prorations,
credits and
adjustments
required
hereunder,
the
entire
Purchase
Price
shall
be’ paid
by
Buyer to
Seller
in
immediately
available funds at the
Closing.
2.
Earnest Money:
Within
five
(5)
business
days
of the
execution
of this
Agreement by both
Buyer and Seller,
Buyer
shall deposit with
Chicago Title
Insurance
Company,
as escrow agent, funds
in
the amount of Ten Thousand bollars
($1 0,000.00)
for and as earnest money.
3.
Title Evidence:
The Seller, at Seller’s expense,
shall furnish to the
Buyer
within fifteen (15)
days of the’ execution
of this contract,
a title insurance commitment for
an
owner’s title insurance policy,
committing to
insure title
to the Mather Gun
Club Real
Estate for the amount of the Purchase Price for such real estate,
to be determined as set
forth
in paragraph
I
of this Agreement,
showing good and merchantable title
in
Seller free
and clear of all
encumbrances,
except standard general
exceptions of the title insurance
company and prior conveyances and reservations of minerals.
4.
Contingencies:
Notwithstanding
any other provisions of this Agree’ment to
the
contrary,
Buyer’s obligations under this Agreement are contingent upon
the following
contingencies being satisfied or waived by Buyer:
-2-
~
Buyer
negotiating
an
acceptable
written
agreement
with
the
City
of
Springfield regarding
improvements required for the upgrading
of Mathers
Gun Club Road.
Buyer
obtaining written
approval
of Buyer’s
development
plans from
the
S~ringfieIdPlanning
and Zoning
Commission
and
by the Springfield
City
Council. “Development Plans” as used herein shall include
but not be Timite~
to
approval
of
Buyer’s
Flat
of Subdivision by the
City of Springfield,
curb
cuts,
turning
traffic
lanes,
deceleration
lanes,
specifications
of
roadway
materials, paving thickness,
Time stabilization,
location
and size of detention
pond
or
ponds,
location
and
size
of
storm
sewer ‘and
sanitary
sewers,
location and
size Of water
mains,
and receipt
of engineer’s estimate of the
cost of each of said items.
iii.
All
easements
in
respect of the
Mather
Gun
Club
Real
Estate
shall, be
satiâfactory to Buyer.
iv.
All tenancies have been terminated and all
tenants have vacated the Mather
Gun Club
Real
Estate.
v.
Buyer
obtaining
approval
of
the
Springfield
Metro
Sanitary
District
of
annexation of Mather Gun
Club Real
Estate into said
District and
Buyer’s
satisfaction
with
capacity
of sewers to
serve
the
Mather
Gun
CTub
Real
Estate.
vi.
Buyer obtaining ordinances from the
City of Springfield granting such zoning
classifications
as required by Buyer.
~EXHfBlT~
vii.
Buyer
obtaining
a
written
commitment
from
the
City
•of
Springfield
for
annexation of the Property into the
City.
viii.
Buyer obtaining a title insurance commitment showing marketable fee simple
title
is
vested
in
Seller and
containing
no
requirements
which
must
be
satisfied
before
an
owner’s
title
insurance
policy
will
be
issued
based
thereon except for SeIle~s
existing mortgage, which will
be paid by Seller at
Closing.
—
ix.
There are no underground storage tanks located
upon the Mather Gun Club
Real Estate.
x.
Seller
shall furnish
to
Buyer
Seller’s
Responsible
Property
Transfer
Act
affidavit executed by the President of Seller.
5.
Satisfaction of Contingencies as Condition of Closing:
A.
In the event
Buyer shall give written notice to Seller on or before May 31,
1999,
that all contingencies
set
forth
in paragraph 4 of this Agreement have been
satisfied or waived, then
the parties
shall
close the purchase and sale of the Mather Gun
Club
Real Estate within thirty (30)
days
after
giving of such notice.
B.
In
the
event
Buyer
fails
to
obtain
in
writing
to
Buyer’s
satisfaction
the
contingencIes
set forth in paragraph 4 of this Agreement on or before May
31 ~1999,
then
Buyer may:
(i) terminate this Agreement by giving written notice to Seller,
in which event
Seller shall
authorize
the escrow
agent
in writing to return
to
Buyer the earnest money
funds held
by said escrow agent
and neither party to this Agreement shall have any further
liability one
to the other; or (ii)
extend the period of time for Buyer to obtain satisfaction
in
writing or waiver of said contingencies until August 31,
1999,
in which event Buyer shall
pay directly to Seller the sum of Ten ‘Thousand and
No/i 00
Dollars ($10,000.00) for such
extension, which amount shall
be non-refundable,
however such
amount shall be applied
to the purchase price at closing.
‘(The
Original
$1 0,000.00 paid to the
Escrow Agent shall
remain on deposit with said Escrow Agent and
shall also
be applied to the purchase price
at closing.)
If Buyer shall have
obtained to Buyer’s satisfaction
or waiver in writing
all
‘of
the contingencies set forth in paragraph 4 of this Agreement on or before August 31,
1999,
—
the
parties
shall close the purchase and sale of the Mather Gun Club Real Estate within
thirty
(30)
days
of the
date
of
such
notice.
Said
Ten
Thousand
and
No/100
Dollars
($10,000.00) shall also be
applied to the purchase price at closing.
C.
In the event Buyer shall fail
to obtain satisfaction of the contingencies within
the
time schedule
herein
set
forth,
then this Agreement
shall terminate,
in which event
Buyer shall direct the
escrow agent in writing to
return to
Buyer the earnest money funds
held
by
said
escrow
agent
and
neither partyto
this Agreement shall
have
any further
liability one to the other.
/
0.
In the event Buyer shall give written notice to
Seller that
all contingencies set
forth
in paragraph 4 of this Agreement have been
satisfied
or waived but shall fail to
close
within thirty
(30)
days
thereof,
then
all
the earnest money
funds paid
and
held
by the
escrow agent shall be paid
to Seller and neither party
to this Agreement shall have any
further liability one to the other.
6.
Possession:
Seller shall give Buyer possession
of the real estate
on the
date of closing.
‘
FEXHI8Ifl
7.
~Lo~sin..g.:
The
real
estate
taxes
shall
be
prorated
between
the
parties
effective
at
Closing based
upon
the most current real estate tax assessment i.nfermat~o~
then available.
Seller
shall
keep the Mather Gun
Club
Real
Estate and all improvements
thereon
insured
for
fire
and
extended
coverage
in
the
amount
of Two
Hundred Forty-eight Thousand Dollars ($248,000.00).
iii.
Seller shall
keep the
Mather Gun’ Club
Real Estate
and all
improvements
thereon insured for public liability with single occurrence liability
limits in the
sum of not less than
One Million ($1,000,000.00) Dollars.
Seller shall deliver
to
Buyer
a
duplicate
original
of
each
such
policy,
or
in
lieu
thereof,
a
/
certificate issued by the carrier.
Each such policy or certificate shall provide
that the
same
shall
not
be canceled
without
at
least
ten
(10)
days
prior
written
notice to
Buyer,
and
shall
name
Buyer or
Buyer’s
designee
as an
additional insured thereunder.
‘iv.
Seller shall
indemnify,
save harmless
and
defend Buyer from any and all
claim,
demand,
charge,
expense, or loss
whatsoever,
including attorneys’
fees
assessed
against Buyer and arising by reason of the operation of the
Seller on the Mather Gun Club Real Estate.
‘
~
v.
Seller shall keep the Mather Gun Club Real estate free of all pollutants and
hazardous
substances as defined by the statutes
and
regulations
of the
United States
and of the State of Illinois.
8.
Conv~yance: Seller agrees to
convey merchantable title
of Mather Gun
Club’
Real
Estate to Buyer or Buyer’s
nominee by warranty deed
in recordable
form and
comply with all
applicable
statutes and ordinances in respect of Flat Act compliance
arid
approval,
and in
compliance with the
laws
of the
State of, Illinois
and the ordihances of
Sangamon
County
and
the
City
of
Springfield,
free
and.
clear
of
all,
liens
and
encumbrances, except standard
general exceptions of the title
insurance company and
prior coHveyances and
reservations of minerals.
9.
Default:
A.
Buyer’s
Default:
Should
the
Buyer
default
in
any
of its
obligations under this
Agreement, the Seller may, at its
option,
declare this Agreement
terminated, provided that it shall first give the Buyer at least thirty (30) days written
notice
of
such
default,
and
shall
set
forth
in
said
notice
the
specific
breach
or
breaches
complained of and of Seller’s intention to terrninate.this Agreement and retain
all
payments
made under this Agreement as
liquidated damages.
Such notice shall
be served as set
forth
in
paragraph 22 of this Agreement.
If such default
has not been
cured within
such
thirty
(30)
days
after
receipt
of
said
notice,
then
this
Agreement
shall
thereupon
be
terminated,
and Buyer shall give notice
to
escrow agent that
all payments
made to the
escrow agent under this Agreement up to that time
shall be paid to Seller, and Seller shall
have all
the rights and remedies for breach of this Agreement
as shall be permitted by law
and equity.
,
B.
Seller’s Default:
Should
the Seller default in any of its
obligations under this
Agreement, the Buyer shall give the Seller at least thirty (30) days written notice of such
default,
and shall set forth
in
said notice
the specific breach or breaches complained
of,
flXHIBT~
Such notice shall be served as set forth
in paragraph 22
Of this Agreement.
If such default
has not been cured within such thirty (30) days
after
receipt of said notice, then ‘at Buyer’s
option,
this Agreement.
shall
thereupon
be
terminated,
and
Buyer
shall
be
entitled
to
immediate return
of all earnest money and sums paid by Buyer to escrow agent hereunder,
or the
Buyer shall,
at
its
election,
have
all
the
rights
and
remedies for
breach
of this
Contract or for specific performance thereof as may be permitted in
law Or equity.
10.
Costs of
Collection:
In
the
event the
Seller
or
Buyer should
incur any
—
expenses or attorneys’ fees in enforcing
any of the provisions of this Agreement because
ofthe default of the other party, any such expenses
and reasonable attorneys’ fees shall
be borne by the defaulting party and
shall be
due and payable upon demand.
11.
Closing:
The
Closing shall
be held
in the
office of Chicago Title
Insurance
Company,.1043
South Fifth
Street,
Springfield,
Illinois, or such other place in
the City of
Springfield
as Buyer and Seller shall
agree.
12.
Governmental Permits:
Seller acknowledges that Buyer shall
be required
to apply for permits from various governmental entities necessary for the satisfaction of the
contingencies
set forth
in
paragraph
4
of
this
Agreement
and
for
Buyer’s
plans
for
developr~ient
of the Mather Gun Club Real Estate.
Seller agrees to and
it shall, at request
of
Buyer, join with
Buyer in
the execution of such
petitions
and applications for permits,
zoning,
annexation and utilities
as may be requested by Buyer from time to time during the
term of this contract;
provided,
Buyer shall pay and shall indemnify Seller from
all costs
and
expenses
for filing
and
other
fees
as
may
be
required
for
such
applications
or
-8-
petitions. The effectiveness and binding effect upon Seller of each petition
and application
shall be expressly contingent upon the transfer of a deed from Seller to Buyer.
13.
Environmental Audit:
A.
Seller at its
expense shall within sixty (60) days
from the date hereof obtain
a Phase
I
environmental
audit of the subject property from
Hanson
Engineering
Company
of
Springfield,
Illinois,
assessing
any
pollutants,
contaminants,
hazardous
materials,
lead
or
other
mineral
or
gasoline
products
and
hydrology,
that
are
of environmental concern
including
asbestos
in the buildings.
If a
Phase
II
audit is indicated,
the cost of the Phase
LI audit shall be paid for by Seller.
B.
If the environmental study discloses pollutants, contaminants
and hazardous
materials upon the Mather Gun Club Real Estate, then the Buyer shall have the right within
the thirty (30)
day
period following
delivery
of any audit
disclosing ,such
substances to
terminate this Agreement by giving written notice to
Seller, and
Buyer shall
be entitled to
immediate return of all earnest money
and sums paid hereunder.
C.
The parties a~ree
that the audits contemplated hereby shall be provided to
both
Seller and
Buyer
and
that
the
contents thereof shall
not be
disclosed to
anyone
except the parties’
engineers,
consultants, contractors,
attorneys and lenders.
0.
Seller shall mine the Mather Gun Club Real Estate for lead and remove lead
at its cost and
shall be entitled to all proceeds generated
therefrom.
If Seller is
unable to
contract for the removal of the lead prior to December
1,
1998,
or prior to
a closing date
established herein, Seller’s right to collect and
sell
the lead shall lapse,
and the parties
shall close pursuant to the provisions of this Agreement.
:
~XH~BIT
14.
Relation~hip
of Partie~:The parties agree that their reletionship under this
Agreement shall be that of Buyer and
Seller and that nothing herein contained
shall be
deemed
or interpreted
to
create between
them
the relationship of principal
and
agent,
employer and employee,
or partners or~oint
venturers.
15.
Buyer’s Right to Enter Land:
A.
On
execution hereof Buyer or
its
agents
shall
have
the
right
to
enter on the
Mather
Gun
Club
Real
Estate,.
make
inspections,
advertise,
place si~nage
and
show the premises,
carry out surveying work with machinery
and equipment, and
conduct such
tests, including
soil and sub-soil tests
on
it and under
it
as
Buyer shall
desire,
provided
that
Buyer
shall
repair
any
and
all
damage
caused
thereby and pay to Seller the value of any crops which may be destroyed
by, Buyer.
B.
The foregoing may be done or caused to be done by Buyer,
and Buyer shall
be solely responsible for the cost thereof and hereby indemnifies and agrees to hold Seller
harmless from
any liability or cost therefor,
including reasonable attorneys’ fees.
Buyer
shall indemnify, ‘save harmless, and defend Seller from any and all
claim, demand,
charge,
expense,
or
loss
whatsoever,
including
attorneys’
fees,
assessed
against
Seller
and
arising
by
reason of any
activities
conducted
by Buyer on
the
Mather
Gun Club
Real
Estate.
C.
Buyer’s right to enter the premises during the period of this Agreement for
the
purpose
of
making
surveys
or
performing
tests
or
work
as
herein
permitted
is
conditioned on Buyer paying for the cost of all
such work, and
Buyer will not’permit any
lien to be filed against the premises on account of same and
if a lien
is filed,
Buyer agrees
-10-
to immediately
satisfy same or acquire a band from a commercial surety company to
Cover
the same
in the event Buyer elects to contest the
lien.
0.
There shall be no demolition of improvements to the Mather Gun Club
Real
Estate unless such demolition is required by a governmental authority having jurisdiction
over the real
estate except by mutual
agreement.
16.
Fire
and
Casualty
Insurance:
If
prior
to
delivery
of
a
deed
to
the
improvements
under
this
Agreement,
the
improvements
on
the
premises
shall
be
destroyed
or materially
damaged
by fire
or
other casualty,
Buyer
shall
be
entitled to
receive at closing the proceeds of any insurance on them.
17.
Buyer’s
Right to Exchang~:Buyer shall have the right to exchange the
Mather Gun
Club Real Estate for other like-kind property as
provided under Section
1031
of the Internal Revenue Code.
In such
event Buyer shall pay all expenses associated with
the consummation ofsaid exchange in excess of those expenses that would be customary
for Seller
if
there were
no exchange involved.
18.
No Commission:
No broker’s commission or finder’s fee is due or payable
to any party to this Agreement or any third
party or agent by reason of entering into this
Agreement or by reason of the exercise of the options
granted herein.
19.
Removal of Improvements and
Debris:
It is agreed by the
parties
that
Buyer
shall
have
the
sole
responsibility
and
shall
bear
all
costs
associated ‘~iththe
maintenance,
destruction and/or removal of all
improvements existing on the Mather Gun
Club Real
Estate and shall
likewise
bear the sole responsibility for the removal of debris
remaining on the property, including,
but not limited to, broken shooting targets.
-11-
~XHIB~1.
20.
Retention of Personal
Property:
It is further agreed by the
parties
that this
Real
Estate Purchase Agreement specifically
excludes personal property owned
by the
Seller associated with and used
by Seller in the furtherance of its corporate purpose as
an amateur trapshooting associatiOn.
Buyer does hereby agree to allow Seller,
at Seller’s
discretion, to remove from the premises or liquidate said personal property,
including,
but
not limited to, equipment associated with the projection of trap targets, golf carts, firearms
paraphernalia,
award and trophies and the
like prior to
closing.
21.
Memorandum
of
Agreement:
Buyer
and
Seller
shall
execute
a
memorandum of this Agreement,
a copy of which
is attached
as Annex B,
and the parties
agree that such Memorandum ofAgreement may be recorded in the Office of the Recorder
of Deeds of Sangamon County,
Illinois.
22.
Notices:
Any notices pursuant to this Agreement shall
be sent by certified
mail, return receipt
requested,
addressed
as follows:
TO SELLER:
Jerry
Sedlacek,
President
Illinois State Trapshooter’s Association
2730
Riggins Road
Troy,
IL
62294
AND TO:
John
E. Childress
Brown,
Hay & Stephens
--
700 Mercantile Bank Building
P.O.
Box 2459
Springfield,
Illinois
62705
‘TO BUYER:
do
Leonard W.
Sapp
1999 West Wabash
Springfield,
Illinois
62704
-12-
~
AND TO:
Robert
S. Cohen
‘
Giffin,
Winning,
Cohen
& Bodewes,
P.C.
One West Old State Capitol Plaza,
Suite 600
P.O.Box2117
Springfield,
Illinois
62705
and
may be made
in person or by depositing the same
in the
Uhited States Mail property
addressed to the other
party
with po~tage
prepaid.
Any
notices so mailed shall be deemed
to have been
made
upon deposit in the
United States Mail
as aforesaid.
23.
Time Of Essence:
The time of payment and’ the time of performance
of the
obligations to be performed hereunder by Buyer shall be of the essence of this Agreement.
Any failure to
make payments by the
date specified in this Agreement shall constitute a
default of this Agreement by the Buyer.
24.
lnvaIidj~y:The invalidity of any provision of this Agreement shall not impair
the validity of any other provision.
If any provision
of this Agreement is determined
by a
court
of
competent jurisdiction
to
be
unenforceable,
such
provision
shall
be
deemed
severable
and
this
Agreement
may
be
enforced
with
such
provisions
severed
or
as
modified by such court.
25.
Headings:
Headings in this Agreement
are for convenience only and
are
not intended to describe, interpret,
define,
limit or construe its provisions.
26.
Binding Effect:
Eaöh ofthe provisions
of this Agreement shall extend to and
shall, as the case may require, bind or inure to the benefit of the parties hereto and their
respective successors, heirs,
administrators, trustees, executors,
legal representatives
and
assigns.
-13-
—
EXHIBIT
1—15
27.
Governing
Law:
This Agreement shall be construed ah’d governed by the
laws
of the
State of
Illinois
and
any action
to enforce
its
terms
or
conditions
shall be
brought in the Circuit Court of Sangamon
County,
Illinois, therefore.
28.
Future
Assurances:
The
parties
agree
to execute
any and
all
‘additional
documents and/or instruments
necessary to
carry out
the terms
of this Agreement.
The
costs incurred in the preparation of any additional documents shall
be borne by the party
for whose benefit the
documents
are
being
executed.
—
29.
Entire
Agreement:
This Agreement to
Purchase
dated October~,1998,
~
contains the entire agreement between the parties
hereto’.
No representations other than
those
therein, contained
have
been
made
by
either
parts’
to
the
other
party
or
their
respective
agents
and
attorneys.
No
waivers,
alterations. or
modifications
of
this
Agreement o~
any agreements
in connection herewith shall
be valid unless
in writing and
duly executed by all
parties hereto.’
IN WITNESS WHEREOF, the parties hereto have exeáuted this Agreement on the
day and year first above set forth.
ILLINOIS
STATE
TRAPSHOOTERS
ASSN.,
INC., an Illinois not-for-profit corporation,
By:
c~~)
2~~e~é
~‘
Jerr~edlacek,President
‘
PANTHER CREEK
OFFICE
PARKS
L.L.C.,
an
Illinois limited liability
company,
Its
~
~‘
‘
r~.
FEThJSIT
9JJ~L3
(4~J~V4
~
ACKNQWLEDGEMENT OF
ESCROWEE
‘.
The
undersigned,
Chicago
Title
Insurance
Company,
as
Escrowee,
hereby
acknowledges receipt of the sum of Ten Thousand Dollars ($10,000), which represents an
earnest
money
deposit
paid
by
Buyer.
Escrowee
agrees
to
hold
and
distribute said
earnest money pursuant to the terms
and provisions set forth
hereinabove
‘in
said ‘Qoiitract
for Sale of Real Estate.
“
‘
‘
‘
Date:
‘
‘__,1998.
CHICAGO
TITLE
.
INSURANCE
COMPANY
‘
Its
~
‘
~EXH~IT
ANNEXA
‘
..
Legal Description
All that part of the following described real estate
lying Westerly of the West line ofthe
service drive described as follows:
The
South 3.88 acres of the
East Half of
the
Southeast
Quarter of Section
13;
The Northeast Quarter of the Northeast Quarter of Section 24; EXCEPTING THEREFROM
a
0.102
acre
tract conveyed
to the
State
of
Illinois,
Department
of Transportation,
by
,
Warranty Deed
dated May 6,’ 1994,
and recorded
June
27,
1994, as
Document
No. 94-
26746;
‘
.
‘
The South 3.91
acres
of the West Half of the Southeast Quarter of said Section
13;
The
Northwest Quarter of the
Northeast Quarter of said Section 24; All
in
Tdwnship .15
North,
Range 6 West of the Third Principal meridian in Curran Township;
EXCflTthc
North
2~.71foot
of tho
South
202.71
fo~of thc
E~203.7~
fc~t~f~-•
/
/
No~voatQuo~or
~f
thc
Northo~~ortor
ofScotiQ~
Situated
in SANGAMON
COUNTY,
ILLINOIS.
‘
~fr&
-16-
ANNEXB
MEMORANDUM OF CONTRACT
Seller’s Name and Address:
Illinois
State Trapshooters Assn.
c/a
Jerry
Sedlacek, President
2730
Riggins Road
Tray,
IL
62294
Buyer’s Names and Address:
Panther Creek Office Park,
L.L.C.
c/a
Leonard W.
Sapp
‘
1999 West Wabash
Springfield,
Illinois
62704
,
,
.
This
Memorandum
of
Contract
is
entered
into
between
ILLINOIS
STATE
TRAPSHOOTERS’ASSN.,
INC.,
an.
Illinois
not-for-profit
corporation,
as
Seller,
and
PANTHER CREEK OFFICE PARK,
L.L.C.,
an Illinois limited liability company with offices
in Springfield,
Illinois, as Buyer,
as a memorandum
that on
October
1,
1998, Seller agreed
to sell
to
Buyer and Buyer agreed to
buy the following described real estate:
All that
part
of the following described real estate lying Westerly of the West
Tine of the service drive described
as follows,:
The South 3.88 acres of the
East Half of the Southeast Quarter of Section
1~3;
The
Northeast Quarter ofthe Northeast Quarter of Section 24;
EXCEPTING
THEREFROM
a
0.102
acre
tract
conveyed
to
the
State
of
Illinois,
Department of Transportation,
by Warranty Deed dated
May 6,
1994, and
recorded
June 27,
1994, as Document No. 94-26746;
The
South
3.91
acres
of the West Half of the
Southeast Quarter
of said
Section 13;
-17-
~XHIBIT
The Northwest
Quarter of the
Northeast
Quarter
of
said
Section
24; All
in
Township
15
North,
Range 6 West of the Third Principal meridian
in Curran
Township;
‘
tXCET ths
North
206.71 fast
ofth~
Eout~303.71feat
of
th~
Leot
~
feet o~oidNc~hwoct
Qu~or
~f ~
~
24
Situated
in SANGAMON
COUNTY,
ILLINOIS.
‘
‘
upon all the terms and conditions set forth
in such contract.
This Memorandum of Contract
is
not intended to be the definitive agreement of purchase and sale between the parties
hereto, but only a memorandum of their written purchase and sale agreement which was
executed by them
on the date above set forth.
TN WiTNESS
WHEREOF,
the parties hereto have
executed this
Memorandum of.
Contract this ~k day of October,
1998.
ILLINOIS
STATE TRAPSHOOTERS
,
PANTHER CREEK
OFFICE PARK,
ASSN.,INC., an
Illinois not-for-profit
L.L.C.,
an Illinois limited liability
,
corporation,
company,
By:
~
)~~d
~
~
terry
~~T~’cek,
President
Its
~
‘
SELLER
/~1J~’ER
~‘
~
,i___~
~
~-L
~.
~h~k
‘STATE
OF
ILLINOIS
)
‘
.
SS.
COUNTYOFSANGAMON
I,
the undersigned,
a Notary Public
in and for the
County
and State aforesaid,
DO
HEREBY
CERTIFY that Jerry
Sedlacek, personally known
to me to
be the
President of
ILLINOIS STATE TRAPSHOOTERS ASSN., INC.,
an
Illinois not-for-profit corporation, and
-Ia-
~
personafly known to me to be the same person whose name
is subscribed to the foregoing
instrument,
a~3pearedbefore
me
this
day
in
person
and
acknowledged
that
as
such
President he signed
and delivered the said instrument
as President of said corporation,
pursuant to authority given by the Board of Directors of said corporation,
as his free and
voluntary act,
and as the free and voluntary act and deed of said corporation for the uses
and purposes therein set forth.
Given under my hand
and notarial
seal this
$/~1i
day of
~
,
1998.
r~o~~:T.
.‘
____________
f
~
‘
Notary Public
STATE OF ILLINOIS
SS.
COUNTYOFSANGAMON
)
I, the undersigned, a Notary Public in and for the County and
S~a1teaforesaid,
DO
HEREBY CERTIFY that
~
q~
-~L~’/
rA~-~’~i,’~/
~
i-
‘~~5~r~Ily
known to
me
to
be
/‘?!~,r~t~,.~i
of
PANTHE~
‘CREEK
OFFICE
PARK,
L.L.C.,
an
Illinois
limited
liability company,
and personally known to me to be the same person whose name
is
subscribed to the foregoing
instrument,
appeared
before me
this day in
person
and
acknowledged
that
as
such
/7~.n~L.:)
he
signed
and
delivered
the
said
instrument
as
~7~,~’,ni)
~
of said
limited liability
company, pursuant to
authority
given by the members of said limited liability company, as his free and voluntary act,
and
as the free
and voluntary act
and
deed of said limited liability company for the uses and
purposes therein setforth.
Given under my hand
and notarial seal this
~~ay
of
~
,
1998.
~
~.
.
~
~
-
Notary Public
/
r
OFFICIAL
SEAL
I
.t
JULIE
B. COUTURIAUX
~
~:
NOTARY
PUBUC,
STATE
OF
ILLINOIS ~
~
MY
COMMISSION
EXPIRES
S-18-2C01 ~
~
Cct:ber
I
•
1
998~ttF:\WPWIN6~\RE’.JEC’L3TAPA
~XHWIT
I—
PANTHER
CREEK
OFFICE
PARK,
L.L.C.
1076
1999
W.
WAHASU
AVE.
SPFUNGFIEIO,
IL
G2704
PAY
Ten
Thousan~~:~:_
DOLLAIIS
$
10,000.00
~
TOThEOFIDER
OF
1
Lt1~L~Z~
L
Title Ins., Escrow Agent
Earnest Deposit
.
‘
~‘
~
~
‘I’UEJLIJ?lIP
u;o?LLoq’~u1~’:
lJtJ
000
0~1l”
Pa~rickV~
Reilly
R. Gerald Bar,is
Scephen A. Tagge
Michael A. Mycr~
C. Clark Gcrmann
Gary A. Brown
S~cphcn
P.. Kaufmaxrn
Frederick
B. Hoffmann
W,lliam P..
Ertlow
Craig
S.
Burkhardz
Michael C.Conrielly
Sea cc
C.
Hclmholz
John A. Kaucrauf
James M.
Morphcw
Scephcn
3.
Bochenek
DevidA.Balf
Peggy
3.
R~n
Mark
K. Cutler,
Thomas H. ~laon
Todd M.
Thrner
R.
LecAfler,
Charles 3.
Northrup
also
licensed in
Missouri
Sorling, Northrup,
Hanna, Cullen
and Cochran, Ltd.
Attorneys
at
Law
Suicc 800
Illinois
Building
607 East Adams
Street
Post
Office
Box 5131
Springfield,
Illinois
62705
Telephone:
(217)
544~1144
Fax No.:
(217)
522.3173
www.sorlingtaw.com
Writer’s E—Mail Address:
c~northruo@sor1jncr1aw.ccm
October 2,
2001
Elizabc:h
A.
Urbanc~
W~Jason
Rar~kj~
Julie B. Co’~
E. Zachary Diflardo
Theresa
M.
Cameron
James
(3.Fahev
John P. She nkwjler
Jeffrey P... Jurgens
Charles H.
Northrup
Philip E.Hanna
W,lliarn
S.
Hartley
W,lliarn
B.
Ba
tea
of
counsel
Sorting, Cacron and Hardin
(1945.1975)
Carl
A.
Soding
(1944.1991)
B.
Laccy
Cacrort Jr.
(1944.1939)
John H.
Eardin
(1945.1978)
George W
Callen
(1959.1986)
Thomas
L. CochraT
(1956.1994)—
Illinois ‘State Trapshooters Association
Mr.
Roger Rocke
185 East South Lakeview Drive
East Peoria,
IL 61611
-
Mr.
Douglas Dorsey
Hanson Engineers
1525
So.
Sixth Street
Springfield,
IL 62703—2886
Re:
Mather Gun
Club
-
Springfield,
Illinois
Dear Sirs:
On August 17,
2001, Mather Investment Properties,
L.L.C.
received correspondence from the Illinois Environmental
Protection Agency regarding the environmental condition of the
former Mather Gun Club property located at 3006 Mathers Road in
Springfield,
Illinois.
The correspondence identified numerous
potenti.al concerns, associated with the property as
a result
of
its former use as
a trap and skeet shooting range.
The
correspondence also noted potential liability under the Illinois
Environmental Protection Act
(“Act”)
as well
as the federal
Comprehensive Environmental Response, Compensation,
and Liability
Act
(“CERCLA”)
.
A
copy
of
the
correspondence
is
enclosed.
In response to this correspondence,
Mather Investment
Properties has retained Rapps Engineering to review the status of
the Gun Club property as well as to communicate with the Illinois
EPA on this issue.
In that regard,
Rapps representatives met
informally with the IEPA to better evaluate its concerns and,
if
necessary,
any potential remedial action.
In addition,
Rapps
conducted
a limited sampling program at the property on August
30,
2001.
That sampling revealed exceedances of IEPA TACO soil
standards
for, lead,. arsenic,
and certain PAHs.
Given the’ levels
~HIBIT~
sorling,Northrup, Hanna,
Cullen and
Coohr
,
~rd.
SheecNo.2
October
2,
2001
of
these
contaminants,
Rapps
has
proposed,
and
is
preparing,
to
enroll this site into the IEPA’s Site Remediation Program to
address the identified concerns.
The existence of a potential environmental problem at the
Gun Club property has been a surprise to Mather Investment
Properties.
As you know, Hanson’Engineers prepared a Phase I
Environmental Site Assessment in September,
1998 wherein
it
concluded that the “lead shot and target debris on the shooting
range
do not pose an imminent or substantial endangerment to
health or the environment,
and therefore are not considered
recognized environmental conditions.”
In light of the expressed
concerns of the IEPA,
this statement is not accurate.
Furthermore, based upon a review of general environmental
materials readily available at the time the Phase
I was prepared,
it appears that this statement was not accurate at the time it
was written.
Pursuant to the October 13,
1998 contract between
the Association and Mather Investment Properties,
Mather was
entitled to rely upon the conclusions of this Report.
In fact,
Mather Investment Properties did rely upon the Report, which
identified no environment~1problems,
in making its decision
to.
purchase the Gun Club property.
As noted above’, Mather Investment Properties
is proceeding
to address the environmental condition of the property to the
extent the IEPA may require.
This includes enrollment into the
IEPA’s
SRP, and may ultimately require some level of remedial
activity at the property.
The costs are unknown.
Obviously, my
client wishes to minimize any such, costs,
but they could be
substantial.
Given the Association’s potential liability under
the Act for “causing”
the environmental problem,
or under CERCLA
as
a former operator of the facility,
as well as any potential
contractual liability of Hanson to the Association or Mather
Investment Properties,
you may wish to review the existing Rapps
data or.Mather”s contemplated course of action vis
a vis the
IEPA.
If you would like to discuss this matter,
do not hesitate
to contact me.
Very truly yours,
7.
-~---—--~
Charles
J. Northrup
Enclosure
cc:
Mather
Investment
Properties
0318718
.003
10/2/2001CJN
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
Noam
GRAND AVENUE
E,t.sT,
P.O.
Box
1 9276,
SPRINGFIELD,
ILLINOIS
62794.9276
217/785-9407
THOMAS
V.
SKINNER,
DIRECTOR
August 17, 2001
Mr. Leonard W. Sapp, Managing Partner
MatherInvestment Properties, LLC
1999 Wes.t Wabash Avenue
Springfield, Illinois 62704
Re:
1671205736
—
Sangamon County
Mather Gun Club (Mather Investment Properties)
General Correspondence
Dear Mr. Sapp:
The purpose of this
letteris to
offer compliance assistance and perspective from the Illinois
Environmental Protection Agency (“Illinois EPA”) on the
future
redevelopment of the Mather
Gun Club and associated properties in Springfield, fllinois.
On June 19, 2001,
the Springfield
City Council passed two ordinances (Ordinance Numbers 343-06-01 and 344-06-01) regarding
the annexation and zoning ofthe subject properties.
Additionally, the Illinois EPA has been
contacted by the public regarding potential heavy metal (primarily lead and
arsenic) and
polynuclear
aromatic hydrocarbon (“PNA” or “PAH”) contamination at the Mather Gun Club
property
due to the former use of the property as a trap and skeet shooting range.
If there are contaminants present at the site, there is
the potential for the establishment ofnew or
the exacerbation ofexisting contaminant exposure pathways during and after the redevelopment
of the property which pose an unacceptable risk to
human health and/or the environment.
Be
advised that if there is contamination present at the site that poses an
unacceptable risk to human
health or the environment orif the redevelopment of the site creates new exposure pathways that
allows contamination at the site to pose
an unacceptable risk to human health or the environment,
all past,
present and future owners of the property may be subject to liability pursuant to
the
Illinois Environmental Protection Act
(415
ILCS
5/1
et seq.) and/or the Comprehensive
Environmental Response, Compensation,
and
Liability
Act of 1980,
as amended (CERCLA or
Superfund).
Please understand that the Illinois EPA has not inspected the property, but that this
letter is based on Illinois EPA’s past experiences with the redevelopment of former shooting
ranges.
It is based on these experiences that we offer the following discussion:
GEORGE
H.
RYAN,
GOvERNOR
A~
24
~81
August
17,
2001
Letter to Mr. Leonard W.
Sapp
‘Regarding the Redevelopment of the Former Mather Gun Club
Page 2 of 3
What
activities or actions need to be conducted prior to transfer and redevelopment ofthe
site?
The Illinois EPA recommends that a Phase
1
(and potentially a Phase 2) Environmental
Assessment be conducted prior to any transfer of the property.
The purpose of this assessment is
to identify any potential environmental problems
to both
the purchaser and seller.
If there is contamination identified at the site, from either the past use as a trap
and
skeet range or
some other use, the current owner or future owner may choose to address the contamination on
a
voluntary basis
through the Illinois Site Remediation Program (“SRP”).
Upon completion ofthis
process, the site would be issued a “No Further Remediation” (“NFR”) letter that would be filed
with the County Recorder.
It is
recommended that if new facilities
are to be
constructed, these
facilities be constructed in areas that have been addressed through the SRP.
This
insures that
new or different users of the property do not have exposure to unacceptable risks from any
contamination.
Regarding any potential lead contam.üiation
at the site, typically,
owners and/or operators of
shooting ranges and trap, skeet and shooting sports clubs periodically mine the projectile
backstops and shot fall zones to recover the metal values present (primarily lead) as scrap metal.
Any residual contamination resulting from the operation of the shooting range would typically be
addressed at the end of the operation ofthe facility on a voluntary basis.
What permits
and
application forms need to be ‘completed and where can
these
be
acquired?
With regard to the potential environmental remediation
at the site, forms for enrollment in the
SRP
are available from the Illinois EPA or from the Illinois EPA SRP
web site at
“http://www.epa.state.il.us/land/site-remediationliridex.html”.
At this
web site, it is possible to
download the three PDF forms that
are necessary for enrollment into the SRP.
Some of the
potentially necessary remedial activities may need permits, but most do not.
Specific questions
can be addressed during the planning for any remedial activities based on the types of activities
needed.
Presently and historically, no State or Federal environmental permits
are
required for rifle and
pistol ranges,
skeet, trap and shooting sports ranges’ as long as the shooting exercises do not
impact environmentally sensitive areas,
and
are not into or over waters of the
State ofIllinois
including any wetlands.
This is
consistent with federal court
cases considering whetherfederal
environmental regulatory requirements apply to shooting ranges.
See
Connecticut Coa.s’tal
Fishermen’s Assoc.
v. RemingtonArms
Co.,
989 F.2d
1305 (2d Cir.1993);
Long Island
Soundkeeper Fund v. New York Athletic Club,
1996 WL 131863 (S.D.N.Y.); and,
Stone v.
Naperville ParkDistrict,
et aL,
3SF.
SUpp. 2d651
(N.D. Ill.
1999).
August 17,2001
Letter to Mr. Leonard W. Sapp
Regarding the Redevelopment of the Former Mather Gun Club
Page
3 of 3
However, the Illinois EPA would like to emphasize that even though no
environmental permits
were or
are
generally required for the operation of a shootingrange, environmental perniits’may
be required for such activities
as moving contaminated soil to other parts of the site, creating
piles of contaminated soils,
and moving contaminated soils off site.
It is important to note that
if,
during the change in land use from a firearms range
to some other use, a situation develops
~‘hich presents an uncontrolled risk to human health orthe environment,’the Illinois EPA does
have the authority to order or compel the responsible party to conduct the necessary
environmental remediation and seek cost recovery from the responsible parties.
It is suggested
that you contact the Illinois EPA before performing any of these activities.
What is the
name and phone number of the contact person at the Illinois EPA who would
be
responsible
for
monitoring
this project’s completion?
A project manager wo~ild
be assigned~to
the project whenlif the site,is enrolled in the
SRP.
If you should have any additional que~tions
regarding this matter, or wish to discuss any of these
issues further, please contact me at 217/785-9407.
For additional information regarding the
Illinois EPA’s Voluntary Site Remediation Program, please contact Lawrence W. Eastep, P.E.,
Manager ofthe Bureau of Land’s Remedial Project Managemei~t
Section at 217/782-9802.
For
additional information regarding lead contamination issues at shooting ranges, please contact
Clarence L. Smith, Manager of the Bureau of Land’s Federal Site Remediation Section at
217/524-1655.
‘
‘
Respectfully,
~
e .eL9~
William C~.
Child, Chief
Bureau of Land
cc:
Mr. Chris Danos
Wal-Mart
Stores, Inc.
2001
Southeast
10th
Street
Bentonville, Arkansas 72716-0550
S
O1~.J~J1~(i
Suice
800
Illinois Building
607 East
Adams
Streec
P.O. Box
5131
NORTHRUE
HANNA.
Sprin~ie1d,IL627Q5
CULLEN &COCHPAN, LTD.
ATTORNEYS
AT LAW
F: 217.544.1144
F: 217.522.3173
www.sorlinglzw.com
April
30,
2002
‘
Charles J. Northrup
Attorney at Law
cjnorihnt~~,sorhnolaw
corn
R.
Gerald Barns
Stephen A.
Tagge
Mr. Jerry Sedlacek, President
MichaelA
Myers
Illinois Trapshooters Association
C. Clark Gerrnann
Gary A.
Brown
2730 Riggins Road
Stephen R.
Kaufn,ann
Troy, IL 62294
Frederick
B.
Hoffnnann
VLUiam R Enlow
Craig S. Burkhardc
Michael C. Connelly
Mr.
John E.
Childress
Scott
C. Helmhojz
Brown, Hay & Stephens
John A.
Kauerauf
James
M.
Morphew
205
S. Fifth Street
Scephenj.
Bochenek
P.O.Box2459
DavldA.Rolf
Peggyj. Ryan
Springfield,
IL 62705
,
Mark K. Cullen
Thomas H. Wilson
Todd M. Turner
Re:
Mather Gun’ Club
R.LeeAllen
Charlesj. Northrup
Notice of Breach of Contract
Deanna
S.
Mool
Elizabeth
A.
tJnbance
Dear Sirs:
‘
~Jason
Rankin
JuLia Cox Hoverrnale
B.
Zachary
Dlnardo
This letter is to
give you written notice, pursuant to paragraphs 9. B. and 22
TheresaM.
Cameron
James 0. Pahey
ofthe October
13,
1998 “Real Estate Purchase Agreement” (“Agreement”)
John F. Shorikwller
between the Illinois
State Trapshooters Association, Inc.
(“Trapshooters”)
Jeffre7R.jurgens
and the Panther Creek Office Park, LLC, ofthe Trapshooters’ default under
Charles H. Northrup
Philip B.
Manna
the terms of the
Agreement.
Patrick V Reilly
~dllam
S.
Hariley
William
B.
Bates
Specifically,, paragraph 7. v. ofthe Agreement provides that theTrapshooters
Mark H. Ferguson
shall keep
the Mather Gun Club
Real Estate
free from
all pollutants
and
of counsel
hazardous substances.
This provision has been breached in that pollutants,
including
lead
and
certain polynuclear aromatic hydrocarbons, have been
Sorling,
Cacron and Marlin
1944-1975
detected at the Mather Gun Club
property.
Additional breaches ofimplied
Carl A.
Sorling
terms of the Agreement may also have occurred.
Finally, the presentation of
a
September
1998
Phase
I
Environmental
Site
Assessment prepared
by
B.
~
CarronJr.
Hanson Engineers disclosing no recognized environmental conditions on the
19444959
property constitutes
a misrepresentation of site conditions,
and as such,
a
John H. Marlin
1945-1978
further breach of the Agreement.
‘
George ~
Calico
1950-1986
In accordance with paragraph 9.B.
ofthe Agreement, you have thirty
(30)
Thomas L. Cochran
1956-1994
days after receipt of this notice
to cure
this
default.
If you fail to
cure the
Sonling, Northrup, Manna,
Cullen
& Cochran
Ltd.
Sheer No.
2
S
April
30, 2002
default withinthetime.frame provided, thePanther Creek OfficePark, LLC shall takeall appropriate
action to
remedy the default.
Ifyou have
any questions, or would like to discuss how the Trapshooters intend to cure the default
identified, please do
not hesitate to
contact me.
Very trulyyours,
Charles J. Northrup
cc:
Rich Ahern
Susan Brandt
0342907.002
4130/2002CJN
ervices
.
Page
1 o~2
Service areas
Land Pollution and Solid Waste Services
Today’s business
climate
and regulatory framework demand you make
prudent decisions for each
step your business
takes. Whether purchasing property for expansion, remediating
a contaminated site or adding a new process or line.
to
increase production, each decision has environmental implications--and each decision directly affects the bottom
line of your business.
Hanson can assist you in making these decisions by helping you answer the following questions.
•
What is the environmental risk and how,will it affect existing or planned operations?
•
How will it affect production?
• How will
it affect the bottom line?
,,
S
S
After you’ve
answered these questions, Hanson can identify the specific services you will need to make the
important decisions that will affect yourbusiness and the environment.
We provide a full range of land pollution
and solid waste
services
and
have extensive experience involving:
• Aboveground storage tanks
• Brownfield redevelopment
•
Comprehensive environmental responsibility
•
Environmental assessments/audits
•
Environmental management programs
•
Hydrogeologic/geologic studies
•
Manufactured gas plants
•
Remediation
•
Resource Conservation and Recovery Act (RCRA) compliance
•
Risk-based corrective action
•
Site characterization
•
Underground storage tanks
Click here forhighlights ofourproject experience.
Based on your project needs, Hanson will assemble a tea~n
ofenvironmental specialists from our staffof engineers,
geologists, hydrogeologists,
scientists and technicians.
Our staff is skilled at working on projects at every level
ranging from small, uncomplicated projects such as underground storage tankremediation at a single site to
large,
complex projects such as implementing comprehensive environmental programs for national or international clients
or remediating a Superfund site. A team leader manages and facilitates the project team, integrating your needs into
the project and meshing the project goals with regulatory framework services.
Hanson continues to provide these and other types ofenvironmental services to clients ranging from small
businesses to
Fortune 500
companies, as well as local, state, federal and international agencies.
itt~
//www hansonen~ineerscomlenvironmental_services/aboutus/Services/land htm
5/5/2003
.J~L
V ~
Service areas
Page 1
o’f2
Land Pollution and Solid Project Experience
•
Remedial investigation/design for combined RCRA and
aboveground storage
tank releases at an educational facility’s power plant (cOl)
Brownfields
CERCLA
Environmental
Management Program
Site Characterization
I
I
Phase 1111 environmental site assessment and remedial response actions for
former power generating station on the Illinois
riverfront (j02)
CERCLA remedial investigationlfeasibility study, remedial design and
implementation of corrective action ~03)
S
Illinois Environmental Protection Agency
-
Multi-sites
(f05)
•
Provided site characterizations, hazard evaluations, remedial investigations,
t~asibi1itystudies,
remedial designs and other supporting activities at U.S. Air
Force bases. (eOô)
•
Characterized and identified landfill ground water impacts/leachate and
developed corrective action measures tor a mumcipality (iOô)
Hydrologic/Geologic
Studies
Manufactured Gas Plants
Remediation
•
Radio relay station design
(e07)
•
Hydrogeologic study and assessment ofenvironmental conditions at a fly ash
landfill (g07)
•
Assessment of 10
formermanufactured
gas plant sites for potential impacts to
the environment ~O8)
•
Ground water and free product recovery trench design and observation (c09)
•
Design and construction ofa high-volume ground water recovery and treatment
system at coal tar site (j09)
Risk-based Corrective
Action
Underground Storage
Tanks
•
Investigated sodium dichromate released
into soil and ground water and
assessed concentrations against Illinois risk-based corrective action rules
(gi
Oa)
•
Engineering, environmental and project management services for underground
storage tank removals and site remediation
Home
li-tn //www H
rn-i
scnen
ni n
~er~
rrim/envirnrimental
services/ahcmtiic/Services/landnrrn
~rtc
Htni
RCRA
5/5/2003
IN~
THE
CIRCUL
COURT OF THE
7TH
JUDIC~LCIRCUIT
SANGAMON COUNTY, ILLINOIS
NATEER
INVESTi’IENT
PROPERTIES,
LLC,
S
an Illinois Liruited Liability Co~panv,
Plaintiff
S
vs
)
N~~3L 0144
ILLINOIS
STATE
TPAPS~OOTERS ASSOCIATION,
INC.,
an
Illinois
not—for--profit
corporation,
and
HANSON
PROFESSIONAL
SERVICES,
INC.,
a
Foreign
Corporation,
)
d/b/a
HANSON ENGINEERS INCORPORATED,
Defendants.
SUMMONS
To each defendant:
Illinois
State
Trapsi~ooter’s
Association,
c/c
J~ines
~.
Brun~r,
Reg~stered Agent,
2U.~ S.
5th Str~et,700 Suite,
P.
0.
Bo:c 2459,
Springfield, IL
62705—2459
S
YOU
ARE
SUMMONED
and
required
to
file an answer to the complaint
in
this
case,
a copy of which
is
hereto
attached,
or otherwise
file your appearance,
in
the
office
of the
clerk
of this court, 200 South
9th Street, Room 405, Springfield,
Illinois
62701,
within
30 days
after
service
of
this summons,, not counting the
day
of.
service.
IF YOU
FAIL TO
DO SO, A JUDGMENT BY DEFAULT
MAY
BE ENTERED AGAINST YOU
FOR
THE
RELIEF
ASKED
IN
THE
COMPLAINT.
To
the
officer:
S
This summons
must
be returned
by the officer or other person
to
whom
it was given
for service,
with
endorsement
of service
and fees,
if
any,
immediately
after service.
If
service
cannot
be made,
this
‘
summons
shall
be
returned
so
endorsed.
This
summons
may
not
be
served
later
than’30
days
after
its
‘
date.
.
S
S
WITNESS,’
~
~/
.
20~23.
S
S
‘/
S.
Associate
Circuit
Clerk
-
nt.
Deputy
Name
~ Cullen & cochran, Ltd.
Attorneys
Address
1’.
~
BOX
5131
S
Springfield,
IL
62705
~ty
217—344—1144
Telephone
Date of
service:
_______________________
20
(To
be
inserted
by
officer
on
copy
left
with
defendant
or
other
person)
ORIGINAL
(White)
COURT
FILE
(Yellow)
Defendant
(Fink)
Clerk
of
the
Circuit
Court
Sangamon
County,
Illinois
