HomeMy WebLinkAboutRESOLUTION - 76-70 - 9/22/1970 - COLLECT ATTNY FEES & EXPENSES RESOLUTION N0. 76-70
A RESOLUTION ASSIGNING RIGHT TO COLLECT
ATTORNEYS ' FEES AND EXPENSES OF LITIGATION
IN MOHAWK TERRACE LAW SUIT
NOW, THEREFORE, BE IT RESOLVED, the the President and
Board of Trustees of the Village of Elk Grove Village, Counties
of Cook and DuPage, Illinois:
Section 1 : That the President and Board of Trustees of
the Village of Elk Grove Village does hereby authorize the
President and Clerk to execute an assignment of the Village' s
right, title and interest, in and to any and all sums owed the
Village by Robert A. Allabastro and/or William J. McGrath,
arising out of obligations assumed by them and set forth in a
Letter of Agreement, dated February 11, 1969, addressed to the
Village, a copy of which Assignment is marked Exhibit A and
attached hereto.
Section 2 : This Resolution shall be in full force and
effect from and after its passage and approval according to law.
PASSED AND APPROVED this 22nd day of September. 1970.
VOTE: AYES 6
NAYS 0
ABSENT 0
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Village President
ATTEST:
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Kcrin,; Village Clerk
ASSIGNMENT
This Assignment is from the Village of Elk Grove Village,
a Municipal Corporation organized under the laws of the State of
Illinois (hereinafter referred -to as the "Village") , to Elk Grove
Industrial Park, Ltd . (hereinaft-er called "Assignee" ) ;
W I T N E S S E T H
FOR VALUABLE CONSIDERATION„ the receipt and sufficiency of which
are hereby acknowledged, the Village does hereby assign, transfer and
set over unto Assignee all of the Village ' s right, title and interest
in and to any and all sums owed or owing to the Village by Robert A.
Allabastro and/or William J. McGrath based on or arising out of the
obligations of said Robert A. Allabastro and/or the said William J.
McGrath as set forth in that certain letter agreement dated February 11,
1969, addressed to the Village Council of the Village of Elk Grove
Village, a true copy of which is attached hereto and incorporated
herein by reference. The Villacle does hereby represent and warrant unto
Assignee that the Village has incurred $7, 838.80 of costs, including
reasonable attorneys ' fees in connection with litigation brought
against or involving the Village, which litigation arose either
directly or indirectly out of the annexation referred to in the
attached exhibit.
The Village does hereby authorize Assignee to take any and all action
which may be either necessary or appropriate to collect any sum or
sums owed or owing by any lawful means available, and in the event
that legal proceedings are required to effect a collection of the
amounts due, the Village hereby authorizes Assignee to conduct such
proceedings either in the name of Assignee or in the name of the
Village.
The Village agrees that Assignee shall have all the legal and
Agritable righte to collect any of the said sums owe-3 or owing
EXH:LBIT A
and all such rights with respect thereto which the Village may now
have or to which it would be entitled but for having made this
Assignment.
The Village further agrees to cooperate fully with Assignee
in Assignee ' s efforts to collect the sums owed or owing assigned
by this Assignment and to enforce the rights assigned . Specifically,
the Village agrees to make available to Assignee at any reasonable
time both the records and the personnel of the Village reasonably
necessary to prove in legal proceedings which may be instituted
hereafter the nature, extent and validity of the sums owed or
owing being assigned hereby.
EXECUTED this 22nd day of September 1970.
VILLAGE OF ELK GROVE VILLAGE,
a Municipal Corporat-ion
ATTEST:
THE STATE OF ILLINOIS )
(
COUNTY OF COOK )
I, Fav Bishop Notary Public in and for the
aforesaid County and State, do thereby certify that this day the
aforesaid Jack D. Pahl & Margrethe Schi%,ellenbachpersonally known to me to
be the same person (s) whose name (s) is subscribed to the foregoing
instrument, acknowledged that he signed, sealed and delivered said
instrument as the free and voluntary act of the Village of Elk Grove
Village, a Municipal Corporation, in the capacity and for the uses
and purposes herein set forth. Given under my hand and notarial
seal this 22nd day of September 1970 .
NOTARY PUBLIC
My commission expires: October 25, 1970
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