HISPANICS UNITED OF DUPAGE
COUNTY, et al.,
     Plaintiffs,

v.

94-C-6075

VILLAGE OF ADDISON, ILLINOIS,
     Defendant.

______________________________

UNITED STATES OF AMERICA,
     Plaintiff

v.

95-C-3926

VILLAGE OF ADDISON, ILLINOIS,
     Defendant

______________________________

1. INTRODUCTION

   These consolidated actions allege, in pertinent part, that the Village of Addison's ("Village") proposed and initiated redevelopment or two areas in the Village violates the Fair Housing Act, 42 U.S.C. 3061, et seq., by discriminating on the basis of national original against Hispanic residents of those areas.

   On October 6, 1994, Leopoldo Alcaraz, Debra J. Cagle, Marcella Carillo, Carl Conti, Maudie Conti, Rita Gonzalez, Oralia Herrera, Martin Hurtado, Camille Husby, Emilia Ibarra, Estela Ibarra, Slabador Ibarra, Reginaldo Ortega, David Sanchez, Jose Angel Rivera, Amparo Rojas, Jesus Rojo, San Juan Rojo, Guadalupe Solis, Maria Torres, Elisa Vargas, Marcelino Vargas, Jose Villanueva, Maria Villanueva, Hispanics United of DuPage County, Leadership Council For Metropolitan Open Communities, and the Hispanic Council (collectively the "private plaintiffs") filed their original complaint and, on December 23, 1994 filed an amended complaint. The private plaintiffs also allege violations of the Fourteenth Amendment to the United States Constitution as well as 42 U.S.C. 1981, 1982, and 1983. On April 20, 1995, the Court pursuant to Rule 23, Fed. R. Civ. P., certified a class defined as: "individuals who have owned or rented dwellings in the Village of Addison on or subsequent to January 1, 1994 and who have been, will be, and/or continue to be, adversely affected by the segregative and discriminatory actions, policies, and practices of the Defendants and their agents as alleged in the Plaintiffs' Amended Complaint."

   On July 7, 1995 the United States of America filed its complaint alleging the the Village of Addison violated the Fair Housing Act. On the same day, the Court consolidated these actions.

   The complaints allege that the Village planned and began the acquisition and demolition of dwellings in the two largest Hispanic communities in the Village by acquiring, demolishing, and planning to continue to demolish affordable housing and decent housing in those communities. The complaints further allege that, in 1994, the Village, pursuant to the State of Illinois Tax Increment Allocation Redevelopment Act, Section 65 ILCS/11-74.4-3, created two redevelopment districts, the Army Trail/Mill Road and Michael Lane Tax Increment Financing districts (the "TIF districts"), as the means to accomplish these ends. The complaints also allege that, through implementation of these TIF districts, the Village violated the Fair Housing Act by seeking to displace Hispanic families residing in these areas.

   In its answer to the complaints, defendant Village of Addison, Illinois ("Village") denies the material allegations of the complaints. In particular, the Village denies that its actions constitute a violation of the Fair Housing Act, 42 U.S.C. 3601, et seq., or a violation of 42 U.S.C. 1981, 1982, and 1983. The Village contends that the areas within the tax increment financing districts were "blighted," as that word is used and defined in 65 ILCS 5/11-74.4-3, and the Village further contends that residential and commercial properties within the tax increment financing districts required and require redevelopment. The Village denies that any of its actions were undertaken with any discriminatory motive, intent, or result. The Village asserts that it has not engaged in discrimination against its residents.

   Following extensive pre-trial discovery, the parties have agreed that, in order to avoid costly and protracted litigation, this controversy should be resolved voluntarily. Therefore, without a trial or adjudication on the merits, the parties consent to the entry of this Order.

2. INJUNCTIVE RELIEF
   1. GENERAL PROVISIONS

      It is ORDERED, ADJUDGED, and DECREED that the Defendant Village of Addison, Illinois, its employees, agents, and successors, and all those acting in concert or participation with them, are hereby enjoined, generally and specifically, as follows:

      The Defendant shall not:

      1. deny or otherwise make dwellings unavailable to persons because of national origin;

      2. discriminate in the terms, conditions, or privileges of the sale or rental of dwellings, or in the provision of facilities and services in connection therewith, because of national origin;

      3. make statements with respect to the sale or rental of dwellings that indicate a preference, limitation, or discrimination on the basis of national origin; or

      4. represent to any person, because of national origin, that any dwelling is not available for inspection, sale, or rental hen such dwelling is, in fact, so available.

   2. THE REDEVELOPMENT PLAN
      1. Affected ares: This Consent Decree affects the Michael Lane TIF district, [except the Value City Shopping Center] and the area to the south of the Michael Lane neighborhood proposed for a 16to 24-unit condominium building on the Preliminary Site Plan (Scheme 1) prepared by Linden, Lenet Design Group for the Village of Addison [Attached asExhibit 1] [hereinafter, Michael Lane]; and the Green Oaks Court¹ and Commonwealth Edison land portions of the Army Trail/Mill Road TIF district [hereinafter, Green Oaks Court]. The Value City Shopping Center and the remainder of the Army Trail/Mill Road TIF district are unaffected by this Consent Decree, and development and redevelopment within those areas may proceed at the Village's discretion.

      2. Implementation of the Plan:
         1. TIF redevelopment or development activities in the affected areas shall proceed in accordance with the Plan, which is more fully described in the three exhibits appended as Exhibits 1, 3, and 3 to this Decree and procedures set forth below. It is understood by the parties that any redevelopment by the private real estate market is not inhibited or restricted by this Consent Decree. The Village agrees that during the like of the TIF districts it will not undertake TIF redevelopment or development activities in the affected area unless they are in accordance with the Plan and the provisions for its implementation as set for in Part II.B and Part III.A.3 of this Decree.
            1. Exhibit 2 identifies, diagrams, and describes a comprehensive land use development and redevelopment plan for Michael Lane.

            2. Exhibit 3 identifies, diagrams, and describes a comprehensive land use development and redevelopment plan for Green Oaks Court.

         2. The Village will implement the Plan in the following manner over the term of this Consent Decree.
            1. The Commonwealth Edison property;
               1. The Village shall reaffirm in its Comprehensive Plan and zoning ordinance the development of the Commonwealth Edison site² as property to be developed for affordable, multi-family, owner-occupied housing consistent with the housing affordability standards as defined in this Consent Decree as a base price of $125,000 or less for the purchase of a single-family home, town home, or condominium.

               2. The Village, with the assistance of the other parties, shall promote the Commonwealth Edison property for the development of the 24-28 unit condominium building designated in the Plan. To the extent possible, the Village will facilitate the development of the Commonwealth Edison property so that the housing constructed on the property consists of a mix of units with one to three bedrooms which sell for a base price of $125,000 or less.

            2. Green Oaks Court:
               1. For a period of one year following the entry of this Decree, the parties shall, in good-faith, engage in joint endeavors to encourage development of the Commonwealth Edison property described above. During this one year period, the Village may remove the two boarded-up structures in the center court which it currently owns, but agrees not to acquire and or remove any additional buildings in Green Oaks.

               2. No other building in the center court may be acquired and/or removed until such time as a developer has provided the Village with a written commitment, approved by the Village, for development of the Commonwealth Edison property consistent with the plan. Once such a commitment has been obtained, the Village may proceed to acquire and remove the housing and agrees to replace it with a park with playground facilities and, at its option, additional parking.

            3. Michael Lane:
               1. Consistent with terms of this Consent Decree, the Village may engage in the maintenance and beautification of streets and public ways and landscaping in Michael Lane, but agrees not to implement the Plan in the Michael Lane neighborhood until it has acquired and opened the park identified in Exhibit 1 to the public and has acquired the structure to be used as the community resource center also described in Exhibit 1. Until the Village has obtained the funds necessary to convert the building into a resource center, it will be free to rent out the units on a month-to month basis.

               2. Once the park is developed and opened to the public, the Village may proceed to implement the Plan on Addison Road in the following manner: the removal of the buildings at 441, 451, 461, 471, and 481 Addison Road and the construction of sixteen affordable town homes on that property and the removal of the buildings 545, 555, and 569 Valerie Lane and the construction of at least seven and not more than ten affordable duplexes on that property, such duplexes to have a base purchase price of $225,000. To the extent possible, the Village will encourage the development of a mix of one to three bedroom units.

               3. At any time after the park described in Section II.B.2.b.1.a, above is opened to the public, the Village, at its discretion, may proceed with the additional development or redevelopment activity, including acquisition and removal, in the Michael Lane TIF district west of Highview so long as the Village complies with the provisions of Part II.B.2.c., below.

               4. The Village may not proceed with any additional acquisition and/or removal in Michael Lane unless and until it has received a written commitment from a developer, which is has accepted, for the development of the 16-24 unit condominium shown on Exhibit 1. However, if after good-faith marketing efforts, the Village is unable to obtain such a commitment from a developer within six (6) years of the entry of the Consent Decree, the Village, at its option, may site the building within the affected areas at a location agreed to by all the parties or at a location of its choice outside the affected areas.

               5. upon completion of the foregoing, the Village may take all steps necessary to implement the Plan as shown on Exhibit 1.

         3. The Plan proposes that additional residential structures will be acquired and removed. At the same time, new buildings will be constructed as part of the Plan. The parties want to ensure that, as a result of this simultaneous removal and construction, adequate housing opportunities exist for people in the affected areas. In implementing the Plan, the Village will not cause the number of residential units in the affected areas to decrease by more than 92 units below the 827 units which existed in March 1994, unless it has a binding commitment for the construction of additional affordable residential units in the affected areas, which will maintain the maximum decrease in number of units to 92. After this Consent Decree has been in effect for two (2) years, 17 residential units on Lake Street may become not useable as residences by operation of the Village's current Zoning Ordinance, and if that occurs, will not be considered within the 92-unit cap. Further, the Village agrees that for a period of six years it will not acquire and/or remove any units for the purpose of creating parking spaces. At the end of the six-year period, the Village may acquire no more than two buildings consisting of no more than eight (8) units. If the Village gets a binding commitment, which is accepts, for the construction of the 16-24-unit condominium building identified in Section II.B.2.b.3.c above, it may complete implementation of the Plan.

         4. Any housing³ designed to replace housing which the Plan proposes to remove will meet the guidelines for affordable housing identified above and may be developed by any combination of development by the Village itself, Village-sponsored development, private initiative, or other mutually-acceptable options. With respect to the properties that the Village owns or controls, the Village, with the active assistance of the private plaintiffs and counsel for the United States, shall make all reasonable efforts to obtain financial assistance or subsidy which shall be used to fund the establishment of the community resource center and decrease the purchase price and/or mortgage interest rates, in order to make the new housing provided for in the Plan as affordable as possible to the residents of the affected areas. to the extent possible, any developers selected to develop the new housing shall be required to assist in these efforts. This decree creates no obligation on the part of the Village to finance the construction of new housing.

      3. Relocation under the Plan
         1. The Village agrees that it will provide relocation assistance to all households displaced by the Plan, exercise relocation forbearance, and recognize a priority for relocated residents in housing developed or redeveloped pursuant to the Plan, to the extent that the Village owns or controls property in the affected areas. The Village will establish a Housing Assistance Plan to effectuate this portion of the decree.
            1. Within sixty (60) days after the entry of this Consent Decree, the Village agrees to establish a Housing Assistance Program [Program]. The Program shall assist those persons who will be displaced as the result of the implementation of the Plan in locating housing within the Village. In addition, those persons who were displaced from Green Oaks Court or Michael Lane before the entry of this Consent Decree may utilize the Program's services. The Program will be administered by a Director. The Village shall also designate a contact person to provide information about, and assistance through, this Program. This contact person shall be fluent in English and Spanish. The Director of the Program and the contact person shall attend the Education Programs described in Part II.C.1 of this Consent Decree.

            2. The Program will include, but not be limited to, providing Village personnel to visit and locate comparable housing in the Village, offering information in both English and Spanish to interested persons and famlies regarding available housing, scheduling appointments, and providing transportation or transportation costs to the potential dwelling units. Another purpose of the Program is to serve as a liaison with respect to the private real estate market and the Village.

            3. The organizational plaintiffs in this lawsuit agree to assist the Village in its operation of the Program and in providing a method by which information can be provided to interested persons and families. To that end, the Program shall maintain copies of this Order, the Fair Housing Act, the Village's Fair Housing Code, and municipal ordinances that relate to occupancy of dwellings and safety requirements of dwellings. Copies of these materials will be available to anyone, upon request, without charge. If the Program staff becomes aware of any complaints of housing discrimination in the Village, they will advise the complainant of his or her right to file a complaint with the United States Department of Housing and Urban Development. Providing the complainant with a copy of the HUD publication "Fair Housing: Its Your Right" will satisfy this requirement

         2. Relocation forbearance
            1. To ensure that relocated households have reasonable alternatives for housing, the Village, through the Housing Assistance Program, agrees to identify at least two alternative units. The Village agrees that any unit identified as an alternative unit will have the same or greater number of bedrooms, a floor space of at least 95 percent of the unit being vacated, and a monthly rental of no more than 105 percent of the previous monthly rental. The Village also agrees that all proposed relocations of persons requiring handicap accessible buildings will be to units which are handicap accessible. The Village agrees that all relocations required under the Plan will be to a comparable unit in Addison east of the I-355 Tollway and, at the resident's option, within a 1.5 mile radius of the existing residence; the area in which such relocations may occur is identified on the map appended at Exhibit 4 to this Consent Decree. The Village's obligation under this section will be met by identifying two apartments which meet these criteria. At the resident's option, he or she may accept a unit which does not meet these criteria.

            2. If the dislocated household contains school-age children, then one of the relocation units offered shall be within the same school attendance zone if desired by the affected household. The Village's obligation under this section will be met by identifying an apartment which meets this criterion.

         3. Relocation assistance: The Village agrees to compensate any tenant household in the affect areas relocated as a result of either the Village's acquisition and/or removal of buildings prior to entry of this Consent Decree or any acquisition and/or removal of buildings pursuant to the Plan. The amount of the compensation shall equal the last three months rent paid by the displaced tenant household or $2,000, whichever is greater. This payment is designed to cover the costs and inconvenience of the relocation.

         4. Priority for relocated residents: Any owner or resident, as of March 7, 1994, of the following buildings: 431, 519, 520, 523, 527, 531, 532, 539, 543, 547 and 548 Green Oaks Court and any owner or resident who is required either to move or sell his or her building under the Plan shall be given priority on a one-time basis to reside in housing developed or redeveloped pursuant to the Plan under this Consent Decree, to the extent that the Village owns or controls property in the affected areas. the Village shall require as a part of any TIF-related or other municipal benefits to any private developer undertaking development or redevelopment under this Plan that this priority for displaced owners and residents be observed. The priorities are as follows:
            1. Owners and residents displaced by the Village's actions prior to October 1994.

            2. Owners and residents in Green Oaks who are displaced pursuant to the Plan.

            3. The remaining owners and residents in the affected areas who are displaced pursuant to the Plan.

         5. Within sixty (60) days after its establishment, the Housing Assistance Program will propose procedures to implement these priorities, including the means by which to notify eligible households of the availability of residential units. The Village will present these proposals to the United States and private plaintiffs for their approval, which may not be unreasonable withheld.

      4. Building acquisition
         1. During the implementation of the Plan, it may be necessary for the Village to acquire additional buildings. In connection with those acquisitions, the Village will utilize the services of a certified real estate appraiser who is familiar with properties in the eastern portion of DuPage County and the western portions of Cook County. Within sixty (60) days after the date of entry of this Consent Order, the Village will provide counsel for the private plaintiffs with a list of at least seven (7) such appraisers whom it intends to use to apprised properties in the affected areas. Within thirty (30) days of the receipt of the list, counsel for the private plaintiffs, at their option, may supplement the list with an equal number of additional names. the list of names will be arranged in a random order, and whenever an appraisal is required to this Decree, the Village will select, in the order in which their names appear on the list, an appraiser to conduct the appraisal. The seller, upon receipt of the appraisal, can request a second appraisal. If so, the appraiser whose name appears next on the list will conduct the second appraisal. The Village agrees to pay the owner the average of the two appraisals. If the second appraisal is higher than the first appraisal, the Village shall pay the cost of both appraisals. in the alternative, the private plaintiffs and the Village may confer and develop an agreed list of appraisers, which shall obviate the necessity of a second appraisal.

         2. Building acquisitions: With respect to any future acquisitions of property within the affected areas:
            1. The Village will first seek to acquire property voluntarily by engaging in good faith negotiations for a period of not less than sixty (60) days with the owner(s) of property located within the affected areas;

            2. If no voluntary resolution over a property can be concluded, and the property is to be acquired involuntarily, then the owner of such property will have the right to sell his or her property to the Village for an amount equal to the total of the fair market value of the property, as determined by an independent real estate appraiser, or the average of the two appraisals, plus the additional premium established in Part III.A.3, below.

            3. However, if no resolution can be reached under Sections 4.b.2 or 3 above, then the Village, pursuant to a sixty (60) day written notice to the owner, may initiate eminent domain proceedings with respect to the property, and the owner shall retain all rights, claims and defenses available in such proceedings.

         3. Exchange buildings for current owner-residents in Green Oaks Court: Of the eight buildings remaining in the center of Green Oaks Court, four are owner-occupied. The owners of these four buildings may exchange their buildings for a comparable property of the same number of units currently owned or to be acquired by the Village in the affected areas.
            1. The parties recognize that there may be a difference in the value of the buildings involved in the exchange or that the exchange buildings may require additional work to be code-compliant, and have agreed to the following procedure for such instances:
               1. The Village agrees to provide the affected owners with the following information: the appraised value of the building to be removed, the amount of the premium they will receive pursuant to this Consent Decree, the appraised value of the exchange building complies with all applicable Village codes, and if the building is not code-compliant, the code deficiencies, a licensed general contractor's good-faith estimate of the amount of such repairs, and a good-faith estimate of the appraised value if the building were brought up to code.

               2. The exchange building is code-compliant; If the appraised fair market value of the exchange building is less than the total of the fair market value of the building to be removed plus the appropriate premium, the Village will pay the owner the difference in the two amounts and the properties will be exchanged. Similarly, if the appraised fair market value of the exchange building is more than the total of the fair market value of the building to be removed plus the appropriate premium, the owner will pay the difference to the Village to effectuate the exchange.

               3. The exchange building is not code-compliant: At the individual owner's option: the Village will provide the exchange building in and "as is" condition or will undertake the necessary repairs to render the building code-compliant.
                  1. If the owner chooses to obtain the building in an "as is" condition, the owner shall obtain title to he building for the appraised fair market value of the exchange building in as "as is" condition. Any differences between appraised values of the two buildings will be handled in the same manner as for code-compliant buildings. The acquisition of a building in an "as in" condition shall not obviate the owner's obligation to comply with all applicable Village codes within twenty-four months of the acquisition.

                  2. If the owner chooses to obtain the building in code-compliant condition, the Village agrees to undertake all necessary repairs to achieve that condition. Following the repairs the owner shall obtain title to the building for the appraised fair market building as repaired. Any differences between the appraised values of the two buildings will be handled in the same manner as for code-complaint buildings.

            2. Any such exchange shall be available for acquisition and occupancy at the time that the owner's original building must be vacated.

            3. The Village shall pay the cost of any appraisal, title, survey, and recording costs incurred as a result of the exchange.

      5. Buildings currently boarded up or under contract for sale
         1. With respect to the currently boarded-up structure which the Plan has designated to be redeveloped rather than removed, the Village agrees to have that structure appraised and shall offer it as an exchange building pursuant to the terms of Section II.B.4.c above. If no displaced resident owner accepts it as an exchange building, the Village, for a period of sixty (60) days, will offer to sell it back to the original owner at the price paid for by the Village to acquire it or at its current appraised market value, whichever is less. The Village will pay all appraisal, title, survey, and recording costs associated with both transactions. If the original owners do not wish to repurchase their property, the Village will offer to exchange or sell it at the currently appraised fair market value to other displaced owners in the affected areas: the time period for this offer shall also be sixty (60) days. If the building remains to be sold, it shall be offered for sale at any fairly negotiated price to the general public; this offer will remain open for a period of 120 days. The Village will be free to undertake the removal of the building if not resold in the manner described above.

         2. The Village agrees to rescind, at the seller's request, any uncompleted contract to purchase a building in the affected areas where the Plan calls for retention of that building. In addition, the Village will reimburse all direct and reasonable out-of-pocket costs, if any, incurred, at no penalty to the seller. Alternatively, at the seller's option, the parties may complete the purchase, and the Village shall then offer the building(s) as exchange building(s) to the displaced resident owners, except for 536 Green Oaks Court, and 193 and 199 Michael Lane.

      6. Acquisition of properties for purposes of condemnation:

         The Village acknowledges that one of the reasons it enacted the two TIF districts was to enable it to acquire properties by condemnation or be threat of condemnation, and that all of the properties in the TIF district which it acquired prior to the filing of this lawsuit were acquired by condemnation or threat of condemnation. The Village further acknowledges that it intended to and still intends to acquire further properties in the TIF districts in this manner, but has voluntarily delayed doing so during the pendency of this lawsuit. This Consent Decree resolves, in part, the dispute among the parties over further acquisition of properties within the affected areas by specifying which properties the Village may acquire in this manner. the Village further acknowledges that all properties which it may acquire in the implementation of the Plan will be taken as a result of condemnation or threat of condemnation, and all contracts to purchase properties shall, at the seller's option, specifically so state.

   3. EDUCATIONAL ACTIVITIES AND COMMUNITY NOTICE
      1. Educational Activities
         1. Within ninety (90) days after the date of entry of this Decree, the Village shall provide, through an independent contractor acceptable to the United States and the private plaintiffs, an educational program for all of its employees with responsibilities relating to land use in the Village, including all employees of the Department of Community Development, trustees, mayor, manager, zoning, inspectors, and village code enforcement officers. The purpose of the training is to ensure that all such officials, employees, and agents of the Village understand and implement the requirements of this Consent Decree and the Fair Housing Act, as well as similar state or local statutes, regulations, and ordinances. The training shall be a minimum of four (4) hours in duration.

         2. Withing sixty (60) days after the entry of this Consent Decree, the Village agrees to provide a copy of the training materials to be used at the session(s) described above to counsel for the United States and counsel for the private plaintiffs for their review and approval, which may not be unreasonably withheld.

         3. Within fifteen (15) days after a new or current employee begins a job that relates to land use decisions, that employee shall undergo training designed to fulfill the objectives described above. This requirement may be satisfied by viewing a videotape of the training described above, or by an alternative training program approved by the parties. The employee shall sign a written statement that he or she has been provided with a copy of this Consent Decree, has read it, and will comply with the provisions set forth in Part II.A of this Consent Decree.

      2. Notice
         1. To the Plaintiff Class: Notice to the plaintiff class shall be in the form and manner approved by the Court.

         2. To all Village residents: The Village agrees that within thirty (30) days of the date of entry of this Consent Decree, it shall design and place posters, approved by the United States and the private plaintiffs, in prominent locations in the Village Municipal Office and at all sites where TIF district notices or signs are or were erected. The posters shall include a statement of the Village's promotion of equal housing opportunity, identify the office where the Village's Housing assistance Program is or will be located, and state that those persons who believe they have been subjected to housing discrimination may lodge a complaint with that office or file a complaint with the United States Department of Housing and Urban Development. The posters shall measure at least 24 inches by 36 inches and shall contain the same information in both English and Spanish.

   4. RECORD-KEEPING AND REPORTING
      1. Record-Keeping: The Village agrees that it will maintain the following records for the duration of this Decree:
         1. All documents generated or produced from the date of entry of this Decree concerning the affected areas, including but not limited to all studies, reports, redevelopment plans, property value tabulations, funding applications, ordinances, and minutes of all Village Board and Committee meetings;

         2. All housing inspection reports of residential multi-family dwelling units, and all enforcement actions taken regarding building or occupancy codes; and

         3. All complaints related to municipal inspections of residential property or housing discrimination, including the name, address, and telephone number of the complainant and the substance of the complainant. The Village agrees to provide written notice to all persons who make oral complaints that such complaints shall be submitted to the Village in writing for further action or that such persons may complain to the Housing Assistance Program described above, or, with respects to housing discrimination complaints, to the United States Department of Housing and Urban Development.

         4. Upon reasonable notice to the Village, counsel for the United States or counsel for the private plaintiffs shall have the opportunity to inspect any of the records listed above.

      2. Reporting: Within ninety (90) days after entry of this Consent Decree, and every year thereafter on the anniversary of the entry of this Order, the Village agrees to file with the United States and with counsel for the private plaintiffs a report setting forth its compliance with this Consent Decree. This report will identify the specific descriptions of the actions taken to fulfill the Village's obligations under each specific section of the Decree. In addition, the Village agrees to provide copies of all complaints of housing discrimination and any description of what, if any, action the Village took regarding such complaints. The Village will also provide the United States and private plaintiffs with a copy of the annual report filed by the Village under the Illinois TIF Act, which will describe the Village's actions in the two TIF districts during the reporting period. Notwithstanding any of the foregoing, the Village, upon notice of any deficiency, shall have thirty (30) days to cure such deficiency.

3. MONETARY RELIEF

   In addition to the payments for relocation assistance made pursuant to Section II.B of the Decree, the Village agrees to make the following monetary payments:

   1. COMPENSATION TO INDIVIDUALS
      1. Residents relocated in 1994: Within thirty (30) days after the entry of this Consent Decree, the Village will pay a sum of $5,000 to each of the fourty-four (44) households in Green Oaks who were relocated as a result of the Village's acquisition and/or removal of buildings prior to the entry of this Consent Decree. This amount shall be in addition to any monies received as relocation assistance under Section II.B.3.c, above. Counsel for the plaintiffs shall provide the Village with a list of the 44 eligible households. Such amount shall constitute complete resolution of any damage claims that the households may have in this litigation.

      2. Owners of buildings acquired in 1994: The owners of the eleven (11) buildings within Green Oaks, which were acquired by the Village prior to the entry of this Consent Decree, shall receive an amount of money in addition to the purchase price paid by the Village. The additional amount shall be at least 125 of the amount paid to the owners by the Village at the time of acquisition. That amount shall carry a very strong presumption that is sufficient to compensate such owners for any inconvenience or unexpected financial impact attendant to the acquisition of those buildings. However, within 28 days after an owner's receipt of a notification of the approval of this Consent Decree by the Court, an owner may request, in writing, that an additional premium equal to 2% of the amount paid by the Village in 1994 be paid as additional compensation. Such requests shall set forth, in writing, all the reasons why an owner believes that exceptional circumstances exist warranting the payment of an additional premium, and shall include all documents upon which the request is based. The request shall be forwarded to Barry Moss, 305 W. Briarcliff Road, Bolingbrook, Illinois 60440, an attorney for the Village, with a copy to Matthew Piers, Three First National Plaza, Suite 2200, Chicago, Illinois 60602. Thereafter the Village shall have 21 days to consider the request for additional compensation. If the Village fails to respond to the request within the time allotted, or rejects all or a portion of that request for additional compensation, an owner may promptly seek a determination of the request by a judicial officer designated by this Court. No further or additional evidence may be submitted to the judicial officer by an owner seeking a determination of the request for additional compensation. The judicial officer's determination shall be final and binding on the parties and shall not be subject to appeal or further review.

      3. Future building acquisitions: The owners of any buildings which will be acquired by the Village as a result of the implementation of the plan, and pursuant only to those acquisitions which occur pursuant to Section II.B.4.b.2 shall receive an amount of money in addition to the appraised fair market value of the buildings. The amount of such additional compensation shall be 10% of the appraised fair market value. That amount shall carry a very strong presumption that it will fairly and adequately compensate such owners for any inconvenience and any expected or unexpected financial impact arising out of such acquisition. However, within 14 days of an owner's receipt of the Village's offer to purchase a building for an amount equal to the appraised fair market value plus 10%, an owner may request, in writing, an additional premium equal to 2% of the fair market value as additional compensation. Such request shall set forth, in writing, all the reasons why an owner believes that exceptional circumstances exist warranting the payment of an additional premium, and shall include all documents upon which the request is based. The request shall be forwarded to Barry Moss, 305 W. Briarcliff Road, Bolingbrook, Illinois 60440, an attorney for the Village, with a copy to Matthew Piers, Three First National Plaza, Suite 2200, Chicago, Illinois 60602. Thereafter the Village shall have 21 days to consider the request for additional compensation. Thereafter the Village shall have 21 days to consider the request for additional compensation. If the Village fails to respond to the request in the time allotted, or rejects all or a portion of that request for additional compensation, an owner may promptly seek a determination of the request by a judicial officer designated by this Court. No further or additional evidence may be submitted to the judicial officer by an owner seeking a determination of the request for additional compensation. Following a determination by the Court that an addition premium is due, the Village may not elect not to proceed with the acquisition of the property.

      4. Other claimants: The private plaintiffs represent that pursuant to a notice to the class they have received several claims for damages against the Village. The details of those claims, and the identities of those claimants, have not been provided to the Village. To satisfy those claims, the Village shall establish a fund in the amount of $100,000, to be maintained by the Village Treasurer. Such claims, and all documents upon which claims are based, shall be reviewed by Stuart D. Gordon, an attorney for the Village, and Robert Graham, an attorney for the plaintiffs, and upon their agreement as to any amount to be paid, claims shall be satisfied from the fund. If they are unable to agree, or if a claimant believes that the amount to be paid is insufficient, such claim shall be presented to the Magistrate Judge for an adjudication of the amount to be paid, if any, for the injury suffered. In that event, the claimant shall be required to answer, under oath, within 21 days, up to 25 written questions submitted by the Village directed to the basis of the claim. The Village shall have 21 days thereafter to prepare a written response and submit documents in opposition to the claim. The determination of the Magistrate Judge shall be final and binding on the parties and shall not be subject to appeal or further review. No further evidence shall be submitted to the Magistrate Judge. Upon resolution of all such claims, the balance of the fund, if any, shall be returned to the Village for its general corporate purposes.

      5. Green Oaks Court Residents to be Displaced as a Result of the Implementation of the Plan: Upon the displacement of any resident household in the center core of Green Oaks Court pursuant to the implementation of the Plan and after the entry of the Consent Decree, the Village will pay the sum of $1,000.00 for each such household. This amount shall be in addition to any monies received as relocation assistance under Section II.B.3.c above, and is not available to persons receiving monies pursuant to SEction III.A.1

   2. COMPENSATION TO ORGANIZATIONS

      Within thirty (30) days after the entry of this Consent Decree, the Village will pay the sum of $60,000 to Hispanics United of DuPage County, the Hispanic Council, and the Leadership Council for Metropolitan Open Communities. These monies will be distributed among the organizations at their discretion.

   3. FAIR HOUSING FUND

      Within ten (10) days after the entry of this Consent Decree, the Village agrees to deposit $30,000 into an interest-bearing account. This fund will be used in furtherance of fair housing in Addison by enhancing awareness of the requirements of federal fair housing laws. Without intending to limit by way of example, this would include programs such as training rental management employees, real estate professionals, or staff at local financial institutions. The United States shall consult with the Village regarding the distribution of the monies, following the receipt of proposals submitted by interested groups.

4. MODIFICATION

   The parties recognize that during the terms of this Consent Decree there are many factors, unforseen at this time, which may require some modification of the terms of this Decree concerning development or redevelopment in the affected areas. The Village, or any other party, may seek to modify this Decree so that the purposes of this Consent Decree, as set forth in the Plan and described above, may be implemented more effectively. The parties resolve to work cooperatively and in good-faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution.

5. JURISDICTION AND ADMINISTRATION

   This Consent Decree shall be in effect for seven (7) years from the date if its entry to all sections except Parts II.B, and III.A.3 and 5, which shall apply to any development and redevelopment activity, which the Village, pursuant to its TIF powers, undertakes in the affected areas. The Village may move to dismiss this action at any time after th term of this decree by certifying that, pursuant to its TIF powers, it does not intend to directly or indirectly acquire and.or remove any additional properties in the affected areas. The Court shall dismiss the case unless the United States or the private plaintiffs can establish good cause why it should not be dismissed.

   The Court shall retain jurisdiction for the purpose of enforcing the Consent Decree.

______________________________
Ruben Castillo
United States District Court Judge

______________________________
Date

Hispanics United of Dupage County
Leadership Council for Metropolitan Open Communities
Hispanic Council by:
Robert L. Graham
Edward A. Voci, Leadership Council for Metropolitan Open Communities

The Individual and Class Plaintiffs by:
Matthew J. Piers
Theresa Amato

The Defendant Village of Addison by:
Barry L. Moss
Thomas R. Weiler
Stuart D. Gordon

The United States by:
Robert S. Berman, United States Department of Justice
James B. Burns, United States Attorney
By: Joan Laser, Assistant United States Attorney

¹ For purposes of this Decree, the Green Oaks Court area shall be defined as the area bounded as follows: all real property east of Mill Road and having street addresses on Green Oaks Court or 465 N. Mill Road, whether vacant or developed.

² The Commonwealth Edison property is vacant land, which is approximately 1.3 acres in size. It is located south of Stevens Drive, north of Army Trail Road, East of Mill Road, and west of the Chateau Mill Condominiums.

³ Any redevelopment by the private real estate market is not inhibited or restricted by this Consent Decree.