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Home My WebLink AboutResolution #1021I i RESOLUTION NO. 1~~1 A RESOLUTION APPROVING A "COMPROMISE AND SETTLEMENT AGREEMENT", APPROVING A "RELEASE OF ALL CLAIMS AND COVENANT NOT TO SUE", AND CONDITIONALLY ACCEPTING THE RESIGNATION OF DONALD A. ROMBACH WHEREAS, the City of Canton and Donald A. Rombach have previously reached verbal agreement regarding the termination of his employment with the City of Canton; and, WHEREAS, each of the City and Donald A. Rombach wish to formalize such agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, as follows: 1. That each of the Compromise and Settlement Agreement and the Release of All Claims and Covenant Not to Sue hereto attached are hereby approved by the City Council. 2. That the Mayor and City Clerk are hereby authorized and direct- ed to execute and deliver originals of the Compromise and Settlement Agreement as in said agreement contemplated. 3. That the resignation of Donald A. Rombach is hereby accepted by the City Council provided, however, that Donald A. Rombach execute and deliver to the City Clerk an original of each of the Compromise and Settlement Agreement and of the Release of All Claims and Covenant Not to Sue, each in form satisfactory to the City Attorney. Further, that such resignation is accepted with effective date of September 26, 1983. 4. That this Resolution shall be in full force and effect immed- iately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 7th day of February , 1984, upon a roll call vote as follows: AYES• Aldermen Kovachevich, Hammond, Savill, Sarff, Workman, • Carl, May, Hdrr. NAYS: None. ABSENT: None. APPRO ED: / ~ ..~ , Donald E. Edwards, Mayor. ATTEST: cy Whi s, City Clerk. COMPROrLISE AND SST AGRF~~NT This Compromise and Settlement Agreement entered into this day of February , 1984, between the City of Canton, an Illinois municipal corporation, hereinafter called the "City", and Donald A. Rombach hereinafter called the "Second Party" WITNESSETH: WHEREAS, the City has heretofore terminated Second Party's em- ployment with the City for cause; and, WHEREAS, the City and Second Party are both desirious of ter- minating such employment relationship upon terms and conditions which are as amicable as may be had. NOW, 'THEREFORE, in consideration of the mutual covenants set forth below, the City and Second Party agree as follows: The City shall accept Second Party's resignation, hereto attached as Exhibit "A", and shall correct its official records to reflect that Second Party's employment with the City resulted from a voluntary resignation; A copy of this document shall be included in Secdnd Party's personnel file but shall not be released to any third party except upon Second Party's written instructions; Second Party shall refrain from bringing any action of any nature or description, at law or in equity, or, otherwise, against the City, its officers, agents, or employees, by reason of the City having ter- minated Second Party's employment for cause, or, by reason of the City having laid Second Party off for lack of work or funds on or about May 17, 1983, with effective date of June 1, 1983, or, by reason of any claim, demand, alleged injury, or, alleged wrongful act of any of the City, its officers, employees, or agents, past, present and future, or against the City's successors or assigns Second Party shall refrain from bringing any action of any nature or description, at law or in equity, or, otherwise, against the City, its officers, employees, or agents, past, present, or future, or, against the City's successors or assigns, arising out of or being in any way connected with the employer-employee relationship heretofore existing between the City and Second Party. The City and Second Party hereby stipulate as follows: Second Party, for itself, its successors and assigns, hereby releases and discharges the City, its successors and assigns, from all claims and causes of action that Second Party had, now has, or may have, or that any person claiming through Second Party may have or claim to have, against the City, its successors and assigns, based upon the above described transaction. Second Party, for itself, its successors and assigns, hereby covenants with the City, its successors and assigns, that Second Party shall cease and desist from suing or prosecuting the City for any claim or demand which Second Party had, now has, or may have, or that any person claiming through Second Party may have or claim to have, based upon the above described transaction. -~- This Compromise and Settlement Agreement is intended to extinguish all rights and obligations of the City and of Second Party with respect to the above transaction. To accomplish that result, the City and Second Party hereby declare that the above transaction is hereby rescinded and shall have no more effect than as if it had never been executed. This Compromise and Settlement Agreement is entered into by the City and Second Party solely for the purpose of compromising and settling matters in dispute as above set forth. It does not constitute, nor shall it be construed as, an admission by either the City of Second Party of the truth or validity of any claims asserted. Both the City and Second Party realize that the facts on which the foregoing Compromise and Settlement Agreement is based may hereafter turn out to be other than or different from the facts in that connnection now known by the City or Second Party or believed by them to be true. The City and Second Party each expressly accepts and assumes the risk of the facts so turning out to be different, and each of the City and Second Party agrees that the foregoing Compromise and Settlement Agreement shall be in all respects effective and not subject to termination, re- scinssion, or modification by reason of any such change in fact. Executed in duplicate original by the City and Second Party the day and date first above written. CITY OF CANTON, an Illinois SECOND PARTY: municipal corporation, by: Donald E. Edwards, Mayor ~ (Donald A. Rombach) ATTEST: Nancy Whites, City Clerk ~ -3- September 26, 1983 I, Donald A. Rombach, hereby resign my employment with the City of Canton effective this date. ~3~~, ~z, EXHIBIT "A" TO COMPROMISE AND SETTLEMENT AGREEMENT RELF.,ASE OF ALL CL.A.IMS AND COVE[~IANT NOT TO SUE In consideration of the receipt of One Dollar ($1.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by the undersigned, I/we Donald A Ro bach , voluntarily and knowingly execute this Release of All Claims and Covenant Not to Sue with the express intention of extinguishing obligations as herein set forth. I/we expressly release and discharge the City of Canton, an Illinois municipal corporation, from all claims and causes of action that I/we ever had, now have, or - may have in the future, known or unkncxan, or that any person claiming through me/us may have or claim to have against the City of Canton creaded by or arising out of: My former employment with the City of Canton as a civilian radio dispatcher with its Police Department, and, specifically, arising from or in any way relating to my layoff for lack of funds on or about May 17, 1983, with effective date of June 1, 1983, or, from my discharge for cause arising from acts or omissions alleged by the City to have occurred on my last work shift ending June 1, 1983. I/we further covenant with the City of Canton that I/we will cease and desist from suing or prosecuting the City of Canton, its successors and assigns, for any claim or demand created by or arising out of the above described transaction. I/we have read the foregoing Release of All Claims and Covenant Not to Sue and understand all of its terms. I/we execute it voluntarily and with full knowledge of its significance. This Release of All Claims and Covenant Not to Sue shall bind me/us, my/our heirs, and my/our heirs, and my/our legal representatives and assigns. It shall inure to the benefit of the City of Canton, a municipal corporation, its successors and assigns. Dated this day of February lgg4 (Donald A. Rombach) SUBSCRIBID AND SWORN TO before me this day of February , 19~, by Donald A. Rombach to me personally known. Notary Public My commission expires: (S EA L)