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RESOLIITION N0. 3323
A RESOLIITION AIITHORIZING SIGNING OF SETTLEMENT PAPERS IN FOREST
LEA NOLAN CASE
WHEREAS, an action at law was filed by Forest Lea Nolan
against the City of Canton and C & G Concrete; and,
WHEREAS, a settlement has been agreed upon and as a product
of that settlement C & G Concrete has submitted a release wherein
the City of Canton releases C & G Concrete from further
responsibility in this matter; and,
WHEREAS, C & G Concrete has contributed to the settlement,
and the City has no desire to pursue the matter further.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the Mayor is hereby authorized to sign the release
of C & G Concrete and the City Clerk is hereby authorized to
attest to the same, both upon approval by the City Attorney.
2. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 7th day of May, 1996,
upon a roll call vote as follows:
AYES: Aldermen May, Shores, Nidiffer, Sarff, Hartford,
Molleck.
NAYS: None.
ABSENT: Alderman Phillips.
APP VED:
c~z.~~~ C
Donald E. Edwards, Mayor
ATTEST:
any Whit. s, City Clerk.
5H9704SET.02
JKW/kmo
CORPORATE FULL AND FINAL RELEASE
For the sole and only consideration of ONE THOUSAND AND
HEYLROYSTER
vOELKER
&ALLEN
NO/100 DOLLARS ($1,000), and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned, City of Canton, hereby FULLY AND
FOREVER RELEASE, REMISE, ACQUIT AND DISCHARGE C&G Concrete
Construction Co., Inc., hereinafter referred to as C&G
Concrete, their affiliates, subsidiaries, insurers, directors,
officers, agents, employees, heirs, administrators, executors,
attorneys, successors and assigns from all claims, liens,
demands, damages, actions, rights of action, of whatsoever kind
or nature requesting contribution, indemnity or otherwise,
which the undersigned, City of Canton, now has or may hereafter
have arising out of, in consequence of, or on account of all
known or unknown injuries and damages resulting from an
occurrence involving Forest Lea Nolan from an incident which
occurred on the 25th day of October, 1993 and which is more
specifically described in a lawsuit filed in the Circuit Court
of the Ninth Judicial Circuit, Fulton County, Illinois, bearing
case 94 L 33.
The undersigned, City of Canton, declares and agrees that
this release and settlement is intended to cover and does cover
not only all now known injuries, losses and damages, but any
future injuries, losses and damages not now known or
,anticipated but which may later develop or be discovered,
including all the effects and consequences thereof.
Suite 600
Bank One Building
Peoria, Illinois 61602
tax (309) 6763374
(309) 6760400
5H9704SET.02
JKW/kmo
The undersigned, City of Canton, declares and agrees that
the amount above stated herein is the sole consideration for
this release and that all agreements and understandings between
the parties hereto are embodied and expressed herein, and that
the terms of this release are contractual and not a mere
recital.
The undersigned, City of Canton, declares and agrees that
HEYLROYSTER
vOELKER
&ALLEN
snip soo
Bank One Building
Peoria, Illinois 61602
Fax (809) 676-3374
(309) 6760400
the payment of the above sum i~~ a co-n~nromi se, is i.n fu_ll accord
and satisfaction of a disputed claim and is not to be construed
or used as an admission of any liability whatsoever by or on
behalf of the above-named C & G Concrete by whom all liability
is hereby expressly denied.
The undersigned Donald E. Edwards ~ represents and warrants
that he is authorized to execute this release on
behalf of the City of Canton.
In Witness Whereof, The City of Canton has caused this
Release to be signed by its Mayor and attested to by
its Cit y Clerk under its Seal this 8th day of
May 1996.
-2-
5H9704SET.02
JKW/kmo
BY : ~CJ~vrc-,--c~
is : Mayor
ATTEST:
Nancy Wh es, City Clerk.
CORPORATE SEAL:
STATE OF ILLINOIS )
ss.
COUNTY OF )
On this 8th day of May 1996, before me
HEYLROYSTER
VOELKER
&ALLEN
Suite 600
Bank One Building
Peoria, Illinois 61602
Fax (309) 676-9374
(309) 6760400
personally appeared, Donald E. Edwards and Nancy Whites
known to me to be the mayor and c, ty r.i Prk ~ respectively,
of the City of Canton, who executed the above and foregoing
release on behalf of the City of Canton, who represented to me
that they were entering into said release on behalf of the
City of Canton pursuant to authority granted by its Board of
Directors, and who represented that the City of Canton was
entering ir~to said releasF-: «s ~.t~-~ free act and deed, for tie
uses and purposes therein set forth, and on their respective
oaths stated that they were duly authorized to execute this
Release and that the seal affixed thereto is the seal of the
City of Canton.
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NOTAR PUBLIC
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