===== PDF PAGE 107 =====

RESOLUTION NO. 26-R-0079
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A
GLOBAL SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE
CITY OF WEST CHICAGO, JOSEPH SHEEHAN, CHICAGO TITLE LAND TRUST
CO., AS SUCCESSOR TRUSTEE OF TRUST NO. 7881 UNDER A TRUST
AGREEMENT DATED MAY 11, 1988, AND KERRY FARMS, LLC
WHEREAS, the City of West Chicago (“City”) is a home rule municipality pursuant to
Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, in January 2023, the City filed City of West Chicago v. Chicago Title Land
Trust Co., as Trustee, et al., Case No. 2023 CH 11, in the Circuit Court of the Eighteenth
Judicial Circuit, concerning certain property and a 2005 pre-annexation agreement (the
“Annexation Litigation”); which action is referred to herein as the “Annexation Litigation”, and
WHEREAS, Chicago Title Land Trust Co., as successor trustee of Trust No. 7881 under
a Trust Agreement dated May 11, 1988 (the “Trust”), and Kerry Farms, LLC (“Kerry Farms”),
filed a counterclaim against the City in the Annexation Litigation; and
WHEREAS, Joseph Sheehan (“Sheehan”) subsequently filed Joseph Sheehan v. City of
West Chicago, Case No. 2025 CH 12, in the Circuit Court of the Eighteenth Judicial Circuit (the
“Election Litigation”); and
WHEREAS, the City, Sheehan, the Trust, and Kerry Farms desire to fully and finally
resolve the claims and disputes arising from the Annexation Litigation and the Election
Litigation without the expense, burden, and uncertainty of further litigation; and
WHEREAS, the parties have negotiated a Global Settlement Agreement and General
Release (“Settlement Agreement”), a copy of which is attached hereto and incorporated herein as
Exhibit A; and
WHEREAS, pursuant to the Settlement Agreement, the parties will provide mutual
releases of claims arising from the Annexation Litigation and Election Litigation; the claims
asserted in those actions will be dismissed with prejudice; and Sheehan will pay the City
Item # 12.A.

===== PDF PAGE 108 =====

$6,247.00 for attorneys’ fees and costs incurred by the City in connection with the Election
Litigation; and
WHEREAS, the City Council has determined that approval of the Settlement Agreement
is in the best interests of the City and its residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West
Chicago, DuPage County, Illinois, as follows:
SECTION 1. The foregoing recitals are incorporated into and made a part of this Resolution as
if fully set forth herein.
SECTION 2. The Global Settlement Agreement and General Release between the City of West
Chicago, Joseph Sheehan, Chicago Title Land Trust Co., as Successor Trustee under Trust
Agreement dated May 11, 1988, as Trust No. 7881, and Kerry Farms, LLC, substantially in the
form attached hereto as Exhibit A, is hereby approved.
SECTION 3. The Mayor is hereby authorized to execute the Settlement Agreement on behalf of
the City, and the Mayor, City Administrator, City Attorney, and other appropriate City officials
and employees are hereby authorized to execute such additional documents and take such actions
as may be necessary to effectuate the Settlement Agreement and the dismissal of the Annexation
Litigation and Election Litigation, subject to final review and approval as to form by the City
Attorney.
SECTION 4. All resolutions or parts of resolutions in conflict with the provisions of this
Resolution are hereby repealed to the extent of such conflict.
SECTION 5. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
APPROVED this 8th day of September 2026.
AYES:
________


NAYES:
________

===== PDF PAGE 109 =====

ABSTAIN:
________
ABSENT:
________
______________________________
Daniel Bovey, Mayor
ATTEST:
_______________________________
Valeria Biggerstaff, Executive Office Manager

===== PDF PAGE 110 =====

GLOBAL SETTLEMENT AGREEMENT
AND GENERAL RELEASE
This Global Settlement Agreement and General Release (hereinafter "Release") is
executed and agreed to between Joseph Sheehan ("SHEEHAN"), Chicago Title Land Trust Co.,
as Successor Trustee under Trust Agreement Dated May 11, 1988, as Trust No. 7881 and its heirs,
agents, representatives and assignee ("the TRUST"), and Kerry Farms, LLC ("KERRY FARMS")
(collectively referred to as "the Releasors") and the City of West Chicago, a Municipal Corporation
("CITY"). The Releasors and City are collectively referred to as "the Parties" This Release is for
any and all claims, damages, costs, expenses, actions, and causes of action in connection with the
matters identified herein.
THE ANNEXATION LITIGATION
WHEREAS, the TRUST is the owner of property commonly known as 28 W 461
Roosevelt Road, in unincorporated Winfield, Winfield Township, DuPage County, Illinois
(Permanent Index No. 04-23-101-038) ('TRUST PROPERTY").
WHEREAS, KERRY FARMS is an Illinois LLC and the owner of property commonly
known as 28 W 531 Roosevelt Road in unincorporated Winfield, Winfield Township, DuPage
County, Illinois (Permanent Index Nos 04-23-101-037, 04-23-101-036, and 04-23-101-035)
("KERRY PROPERTY").
WHEREAS, in January 2023, the CITY filed City of West Chicago v. Chicago Title Land
Trust Co., as Trustee, et al., Case No. 2023 CH 11 in the Circuit Court of the Eighteenth Judicial
Circuit ("Circuit Court") against the TRUST and KERRY FARMS alleging that the terms of a
2005 pre-annexation agreement prohibited the TRUST and KERRY FARMS from seeking
DuPage County's approval of an application for rezoning of a portion of the Trust Property from
County R-2 to County B-2 for commercial purposes ("Annexation Litigation");

===== PDF PAGE 111 =====

WHEREAS, the TRUST and KERRY FARMS answered the CITY'S amended complaint
in the Annexation Litigation and filed a counterclaim alleging that the annexation agreement
at issue was not effective and, if effective did not bar commercial use of the TRUST
PROPERTY and KERRY PROPERTY and that the CITY had breached the terms of the
annexation agreement in various respects, and sought monetary relief for same;
WHEREAS, in January 2023, the Circuit Court issued a temporary restraining order in the
Annexation Litigation;
WHEREAS, in August 2024, the CITY voluntarily dismissed its second amended
complaint in the Annexation Litigation;
WHEREAS, in January 2025, the CITY filed a motion for judgment on the pleadings on
the TRUST and KERRY FARMS' counterclaim. This motion is currently pending before the
Circuit Court; and,
WHEREAS, the 2005 pre-annexation agreement that was central to the Annexation
Litigation expired without the annexation of the TRUST PROPERTY or KERRY PROPERTY
into the CITY in 2025.
THE ELECTION LITIGATION
WHEREAS, SHEEHAN was a resident of the CITY and was a candidate for the office
of Mayor of West Chicago in the 2025 Consolidated Election;
WHEREAS, in February 2025, SHEEHAN filed Joseph Sheehan v. City of West Chicago,
Case No. 2025 CH 12 in the Circuit Court against the CITY alleging that the CITY failed to
conduct a ballot placement lottery as required by the Illinois Election Code and denied him the
right to participate in the lottery. ("Election Litigation");
2

===== PDF PAGE 112 =====

WHEREAS, in February 2025, SHEEHAN filed an emergency motion for a
temporary restraining order;
WHEREAS, on February 13, 2025, the Circuit Court entered an order granting the CITY
leave to file a petition for attorneys' fees and costs;
WHEREAS, on February 27, 2025, the CITY filed its Petition for Costs and
Attorneys' Fees;
WHEREAS, in its petition, the CITY sought $6,153.00 in attorneys' fees and $94.00 in
costs; and,
WHEREAS, since February 2025, the Election Litigation has been entered and continued
several times by the Circuit Court.
GENERAL RECITALS
WHEREAS, the CITY and RELEASORS have denied any and all liability and
wrongdoing in connection with the facts and allegations in the Election Litigation and the
Annexation Litigation;
WHEREAS, the Parties desire to fully and finally resolve all claims and disputes between
them without the expense, burden, and uncertainty of further litigation;
WHEREAS, it is the express intention of the parties to compromise all claims raised in
the Annexation Litigation and Election Litigation whether known or unknown, anticipated or
3

===== PDF PAGE 113 =====

unanticipated;
NOW THEREFORE, m consideration of the promises, covenants, obligations and
payments contained herein, the adequacy and sufficiency of which are hereby acknowledged,
IT IS HEREBY AGREED AS FOLLOWS:
1.
Waiver and General Release: RELEASORS on behalf of their heirs,
beneficiaries, and all other persons or entities who may have a claim against CITY arising from
the facts and allegations of the Annexation Litigation and Election Litigation hereby irrevocably
and unconditionally waive, release, acquit, and forever discharge the CITY and its respective past
and present elected and appointed officials, employees, agents, representatives, attorneys, and
insurers from any and all claims, demands, actions, causes of action, suits, debts, dues, sums of
money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages,judgments, executions, and liabilities ofany
kind or nature whatsoever, whether known or unknown, suspected or unsuspected, accrued or
unaccrued, including claims for attorneys' fees and litigation expenses, that they, their heirs,
beneficiaries, or any other person or entity may have had, now have, or may in the future have
against the CITY arising from or in any way connected with any actions of CITY, up to the date
of this Release, referenced in the counterclaim filed in the Annexation Litigation or in the pleadings
in the Election Litigation (the "Released Claims").
4

===== PDF PAGE 114 =====

2.
Waiver and General Release: In consideration of the foregoing, CITY agrees to
hereby irrevocably and unconditionally waive, release, acquit, and forever discharge the TRUST,
KERRY FARMS, and SHEEHAN, and their respective past and present officers, directors,
shareholders, employees, agents, representatives, attorneys, insurers, parents, subsidiaries,
affiliates, predecessors, successors, and assigns, from any and all claims, demands, actions,
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, and liabilities of any kind or nature whatsoever, whether
known or unknown, suspected or unsuspected, accrued or unaccrued, including claims for
attorneys' fees and litigation expenses, that the CITY may have had, now have, or may in the
future have against the TRUST, KERRY FARMS, and SHEEHAN arising from or in any way
connected with any actions of the TRUST, KERRY FARMS, and SHEEHAN alleged in the
Annexation Litigation or the Election Litigation (the "Released Claims").
3.
Payment of Attorneys' Fees and Costs: SHEEHAN agrees to pay the CITY
$6,247.00 in attorneys' fees and costs the CITY incurred opposing SHEEHAN's motion for
injunctive relief in the Election Litigation within thirty (30) days of the approval and execution of
this Agreement by the parties. The payment shall be made payable to the " City of West
Chicago." In the event payment is not made the City may seek enforcement of this Agreement.
5

===== PDF PAGE 115 =====

4.
Acknowledgement of Consideration: The Parties acknowledge and agree that
they would not be entitled to receive the consideration herein except for their execution of this
Release.
5.
Dismissal of the Counterclaim in the Annexation Litigation and the Election
Litigation: RELEASORS shall dismiss with prejudice all claims asserted by them in the
Annexation Litigation and Election Litigation, and the Parties shall cooperate in preparing and
filing any stipulations or agreed orders necessary to dismiss those matters with prejudice within
twenty one (21) days from the effective date of this Release. The Parties agree to cooperate fully
in executing any documents necessary to effectuate the dismissal of these matters.
6.
No Admission: This Release is entered into solely for the purpose of
compromising disputed claims and avoiding the expense and uncertainty of further litigation.
The Parties each deny any and all liability or wrongdoing in connection with the Annexation
Litigation or Election Litigation and this Release shall not be construed as an admission of
liability or wrongdoing by any of the Parties hereto.
7.
Entire Agreement & Enforcement: The terms of this Release constitute the
entire agreement between the Parties. In any action to enforce the terms of this Agreement, the
prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
6

===== PDF PAGE 116 =====

8.
Severability: The terms and provisions of this Release shall be deemed severable,
so that if any term or provision is deemed to be invalid or unenforceable, such term or provision
shall be deemed deleted or modified so as to permit the remaining portions of this Release to be
valid and enforceable to the full extent permitted by applicable law.
9.
No Assignment of Interests: The Parties warrant and represent that none of their
interests or the interests of their heirs, beneficiaries, and all other persons or entities who may
have a claim against the other have been assigned or otherwise transferred or will be
assigned or otherwise transferred to any other person or entity. This Release shall be binding
upon and inure to the benefit of the Parties and their respective heirs, executors, administrators,
successors, and assigns.
I 0.
Non-Disparagement: The Parties agree that they shall not make any knowingly
false oral or written statements regarding the Annexation Litigation or Election Litigation ,
Nothing in this Section shall prevent the CITY from responding to any requests pursuant to the
Freedom of Information Act or as otherwise required or allowed by law.
11.
Governing Law and Jurisdiction: This Release shall be governed by and
construed in accordance with the laws of the State of Illinois.
12.
Acknowledgment: The Parties hereby acknowledge and recite that they execute
this Release knowingly and voluntarily, that there is valid consideration for this Release, that they
7

===== PDF PAGE 117 =====

have consulted fully with counsel regarding the terms of this Release, that they have had a
reasonable amount ohime to consider the settlement, that they have read and fully understand the
terms of the settlement, and that they are legally competent and authorized by all relevant parties
to execute this Release. Each signatory represents that they are duly-authorized to execute this
Release.
INTENTIONALLY LEFT BLANK
(Signatures to Follow)
8

===== PDF PAGE 118 =====

Chicago Title Land Trust CoMPAN'-f)
as Successor Trustee under Trust Agreemen
Da~~ 11, 1988, as Trust No. 7881
By:
r
1~ ~
•
MAUREEN PAIC3E
Its: ASSISTANT VICE PRESIDENT
Kerry Farms, LLC
By: _________ _
Its: ____________ _
Joseph Sheehan
City of West Chicago
By: _____________ _
Its: ---------------
9
Date
Date
Date
This instrument is executed by the undersigned I.and Trustee,
not personallv but solelv. as Trustee in the exercise of the power
nnd authority conferrea upon and vested in it as such Trustee.
11 is exP.ressly understood and agreed that all the warranties,
indemnities, representations, covenants, undertakings and
agreements herein inarle un the part of the Trustee are
undertaken by it solP.lv. in its capacity as Trustee and not
personally. No personal liability 11r personal responsibility is
assumed bV or shall at any time be asserted or enforceable
against the.Trustee on account of ~ny warranty, indemnity,
1epresen.tat1Qn,. covenant, undertaking or agreement of ttte
Trustee in this instrument.