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HomeMy WebLinkAboutResolution #3621RESOLUITON NO. 3621 A RESOLUTION APPROVING AN INDEMNITY AGREEMENT BETWEEN THE CITY OF CANTON AND DONALD F. EDWARDS WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of said Indemnity Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Indemnity Agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Indemnity Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved pursuant to the terms and conditions set forth therein 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 and approval by the Mayor thereof PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 4th day of June , 2002 upon a roll call vote as follows: AYES: Aldermen Molleck, Hartford, Sarff, West, Carl, rleade, Shores, Fillingham. NAYS: None . ABSENT: None Attest: ancy White ,City Jerk Approved: Je . Bohler, Mayor l INDEMNITY AGREEMENT THIS AGREEMENT, made this ~~ day of June 2002, by and between the City of Canton, Illinois, a Municipal Corporation, a body corporate and politic, hereinafter referred to as Indemnitor, and Donald F. Edwards of Canton, Fulton County, Illinois, hereinafter referred to as Indemnitee. In consideration of the sum of One Dollar and other good and valuable consideration, recept of which is hereby acknowledged, and pursuant to the authority granted by the Canton City Council by a Resolution dated June 4, 02 it is agreed as follows: SECTION I Indemnitor undertakes to indemnify Indemnitee from any and all liability, loss or damage that the Indemnitee may suffer as a result of claims, demands, costs, judgments or attorneys fees arising from or as a proximate result of the good faith performance of his or her duties in the governmental services of the City of Canton, Illinois SECTION II Indemnity under this Agreement applies to all good faith acts performed in the governmental service of the City of Canton, Illinois, and is retroactive in nature applying to any liability, loss or damage the Indemnitee may suffer as set forth in Section I of this Agreement, whether or not the acts alleged to support said liability occurred previous to the date of this Agreement or whether or not the claim against the Indemnitee is made after the termination of his or her governmental service. SECTION III Indemnitee agrees that the provisions of this Agreement shall only become operative in the event existing insurance coverage fails to protect him or her from exposure. SECTION IV Indemnitee agrees to notify Indemnitor within five (5) days of any claim made against Indemnitee on the obligation indemnified against herein. Said notice shall be effected by submitting a statement of the claim in writing to the Canton City Attorney. IN WITNESS WHEREOF, the parties have executed this Agreement at Canton City Hall, 2 N. Main Street, Canton, Illinois on the date and year first above written Attest: ancy White City Clerk CITY OF CANTON, ILLINOIS an Illinois Municipal Corporation, Indemnitor BY~ ~ .- rry ohler, Mayor Y~ ~~~. Donald F. Edwards, Indemnitee