HomeMy WebLinkAboutRESOLUTION - 40-77 - 5/24/1977 - AGRMT/MARY SHER & CHAS GAUGERr
RESOLUTION NO.
4/ 0 .
A RESOLUTION AUTHORIZING THE VILLAGE
ATTORNEY TO SIGN A RELEASE AGREEMENT
BETWEEN MARY SIiER AND CHARLES GAUGER
AND THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, Mary Sher and Charles Gauger, doing business as Elk Grove
Mobile Homes, Inc., and the Village of Elk Grove Village entered into
an agreement on 23rd day of March, 1973, wherein the Village agreed to
provide fire protection and ambulance service on an annual basis; and
WHEREAS, the County of Cook through its Forest Preserve District
has condemned and acquired title to the subject property of said fire
service agreement; and
WHEREAS, Mary Sher and Charles Gauger have filed a lawsuit in the
Circuit Court of Cook County seeking a refund of the annual payment
made under said contract prior to the condemnation proceedings; and
WHEREAS, a settlement has been reached with the respective
parties through their attorneys wherein the Village of Elk Grove Village
will refund the amount of $1,500.00 and such other consideration as is
set forth in the Release attached hereto as Exhibit A and incorporated
herein.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, as follows:
Section j: That the Village Attorney is hereby authorized to
execute the release agreement in the name of the Village, thereby
causing the lawsuit currently pending in the Third Municipal District
of the Circuit Court of Cook County, Illinois to be dismissed.
Section 2: That concurrently with the dismissal of said lawsuit,
the Village Attorney is further authorized to make payment of $1,500.00
to -Mary Sher and Charles Gauger as is requires] undAr said release
agreement.
Section 3: That this Resolution shall be in full force and effect
C
from and after its passage and approval.according to law.
VOTES: AYES: S
NAYS: 0
ABSENT: 1
APPROVED:.
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Elbanor G. Turner by fay Bishop, Deputy Clerk
VILLAGE CLERK
PASSED
this
24th
day
of
May
, 1977.
APPROVED
this
24th
day
of
May
1977.
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STATE OF ILLINOIS )
SS.
COUNTY OF C 0 O K )
AGREEMENT made this
11 E L E A S E
24th day of May, 1977, between MARY SIZER
and CHARLES GAUGER, by and through their attorney, Lee J. Schwart•z.,
hereinafter referred to as "Releasors", and the VILLAGE•' OF ELK GROVE•'
VILLAGE, a municipal corporation, by and through its attorneys,
Samelson & Knickerbocker, hereinafter referred to as "Releasee",
W I T N E S S E T H:
WHEREAS, the Releasors and the Releasee entered into an agreement
on the 23rd day of March 1973, wherein the Release agreed to provide
the Releasors with fire protection and ambulance service on an annual
basis for a period of 4-3/4 years; and
WHEREAS, the County of Cook through its Forest Preserve District
has condemned and acquired title to the subject property of said fire
service agreement; and
WHEREAS, it has been agreed by the parties that any and all
agreement between them with respect to said agreement and contract are
to be cancelled and terminated:
NOW, THEREFORE, in consideration of the payment by Releasee to
Releasors of Fifteen Hundred Dollars ($1,500.00) and other good and
valuable consideration, receipt of which is hereby acknowledged by
Releasors, Releasors do hereby jointly and severally release Releasee
from any and all obligations and liability arising by virtue of any
and all contracts between the parties, either verbal or in writing, with
reference to the providing of fire protection and ambulance service to
the Releasors and any and all claims and demands of every kind and
character whatsoever, now and henceforth, of Releasors or any of them
against Releasee.
IN CONSIDERATION of the Release hereunder by Releasors of any and
all liability or claims against' Releasee, Releasee does hereby release
Releasors from any and all claims or demands of any kind or character
including said contract for fire protection services, now and henceforth,
that Releasee may have o.1dinst Relua. or.;.
EXHIBIT A
Page 1 of 2
roj
IT IS FURTHER AGREED that upon'pa'yment of the above sum by
Releasee to Releasors, the Releasors will cause to be dismissed with
prejudice the lawsuit currently pending in the Third Municipal District
of the Circuit Court of Cook County and known as 76 M3 11061.
IN WITNESS WHEREOF, the parties hereto set their hands and seals
this day of May, 1977.
RELEASORS:
MARY SHER AND CHA LES GAUGER, by
Lee t. Schwartz, their Attorney
RELEASEE:
VILLAGE OF ELK GROVE VILLAGE, by
Samelson & Knickerbocker, its
attorneys
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PaHeIIITOA 2
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