HomeMy WebLinkAboutRes 33-79 10/02/1979
10/2/79
A RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE IN
CONNECTION WITH VILLAGE OF MOUNT PROSPECT VS. METROPOLITAN"
SANITARY .DISTRICT CASE NO. 78 L 12911
RESOLUTION NO. 33-79
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i WHEREAS, the Village. of Mount Prospect has heretofore filed a
II lawsuit in the Circuit Court of Cook County, Illinois, entitled
;: Village of Mount Prospect v . Metropolitan Sanitary District of
II Greater Chicago, et al., Docket No. 78 L 12911, seeking damages I
II sustained by the Village in connection with certain construction:
I and tunneling work being performed by the defendants in that !
Ii lawsuit; and :
II WHEREAS, the aforesaid lawsuit was filed by the Village of Mount,1
Ii,. Prospect as a representative of a class of persons all of whom
! had been injured or damaged by the said construction work, but I
i the President and Board of Trustees have been advised that the II
Circuit Court of Cook County, after hearing arguments with
respect to the certification of the class, has entered an order
refusing to certify the class on behalf of whom the lawsuit was:
filed; and I
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WHEREAS, the defendants, Metropolitan Sanitary District of i
Greater Chicago and James McHugh Construction Company, have I
offered to settle all claims of the Village of Mount Prospect i
made in the said .lawsuit with the payment of the sum of $50,000;1
and
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L WHEREAS, the Village of Mount Prospect has proceeded with the
II cause of action for the recovery of its damages alone; and
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i: WHEREAS, the President and Board of Trustees of the Village of
Ii Mount Prospect have determined that the compromise and settle-
I' ment of the matters 'at issue in Village of Mount Prospect v.
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,I Metropolitan Sanitary District of Greater. Chicago, et al.
Ii would be in the best interests of the Village and desire to
"III authorize the Village President to execute a release in con- ,
nection with such settlement and to authorize its special counsell,
q Messrs. Burke and Burke, to execute such pleadings and other
II papers as may be necessary to terminate the said lawsuit,
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NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF I
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOI~,
AS FOLLOWS: I
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SECTION ONE: The President and Board of Trustees find as facts I
the matters hereinabove set forth. i
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SECTION TWO: The Village President be and she is hereby author~ze(
and directed to execute a release in the form attached hereto a~
Exhibit A and made a part hereof by this reference, and the .
Village Clerk be and he is hereby authorized and directed to
attest to the signature of the Village President on the said
release.
SECTION THREE: The
of Village of Mount
Greater Chicago, et
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special counsel to the Village in the matte~
Prospect v. Metropolitan Sanitary District 9f
al., Docket No. 78 L 12911, be and they are I
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I hereby authorized and directed to execute a stipulation to
I dismiss the said lawsuit and such other documents as may be
I necessary to effect a termination of the said litigation.
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SECTION FOUR: This resolution shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
PASSED THIS
2nd.
DAY OF
October
, 1979.
AYES:
5
NAYS:
o
ABSENT:
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APPROVED THIS
2nd.
DAY OF
October
, 1979.
11
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~,Lt7g;~~ II )!CU~
Village President
,.,r
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RELEASE OF ALL CLAIMS
For and in Consideration of the payment to me/us of the sum of Fifty Thousand and no/100----
_______________________________________-_ (S 50,000.00 ) Dollars, and other good and
valuable consideration, l/we being of lawful age, have released and discharged, and by these presents do for my.
self,' ourselves, my/our heirs, executors, administrators and assigns, release, acquit and forever discharge
. James McHugh r:onstnu'!tinn Cnmp"'ny rind MetropolUan San~ry District of Grt'~at8r Chicago
and any and all other persons, firms and corporations of and from any and all actions; causes of action, claims, de-
mands, damages, costs, loss of services, expenses, compensation and all consequential damage on account of, or in
any way growing out of any and all unknown persoQal injuries and death and property damage as well as injuries
and damage now known and ascertained, and all results and consequences of both; the actual existence of such
unknown injuries, being for the purpose of this settlement, anticipated, assumed to exist and intentionally included
herein as a part of the consideration paid to and received by me/us the undersigned claimant --. all of said injuries
and damage resulting or to result from accident that occurred:nJt ~X to thti
p-~~ilnt t1nHL~ , at or near the Village of Monnt PrOlSpect .
I/we hereby declare. and represent that the injuries sustained may be permanent and progressive and that re-
covery therefrom is uncertain and indefinite, and in making this release and ,aweement it is understood and agreed
that I/we rely wholly upon my/our own jiIdgment, belief and knowled~e of the nature, extent and duration of said
injuries, and that I/we have not been influenced to any extent whatever in making this release by any representations
or statements regarding said injuries, or regarding any, other matters made by the persons, firms or corporations
who are hereby released, or by any person or persons representing him or them, or by any physician or surgeon by
him or them employed.
I,'we understand that this settlement is the compromise of a doubtful and disputed claim, and that the pay-
ment is not to be construed as an admission of liability on the part of the persons, firms and corporations hereby
released by whom liability is expressly denied. . ",/' ~// r:'i. "1~ /)
WITNESS hand and seal this ~L- day of C;~~---. 19.1..9.-.
\'\T~ES
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VILLAGE OF MOUNT PROSPECT
Jly.<_~__~ (Soan
Address /00 S, .EHERSo,.U ::s T
/'10UN/ nDS,p.G<J.-r) ~ 1-,
, Seal)
Address
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STATE OF c~~t.d-../
COUNTY OF ('~ ~\ M
l1efore me, the undersigned authority, on this .;~ay of' j)C, ,.....v......; , 194 personally
appeared the person or persons who executed the foregoing agreement and also the witnesses thereto, each known
to me to be the person whose name is above subscribed, and having read the ahove instrument to said pe(sons, they
did each acknowledge and swear to me that they.fully understood the same and tbat such contract correctly express-
ed the entire. agreement of the parties thereto and had been executed for the purposes and c onsidemtion therein
eXl}feS8~ and for no other.
'My commission expires
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Notary Publn: An "hfoJ:...the C~unty of . ,
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C-83c 7-53