Loading...
HomeMy WebLinkAboutRESOLUTION - 32-15 - 6/16/2015 - SETTLEMENT AGREEMENT JOSEPH ITTERRESOLUTION NO. 32-15 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN JOSEPH ITTER AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: SETTLEMENT AGREEMENT AND GENERAL RELEASE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 16`h day of June 2015. APPROVED this 16th day of June 2015. APPROVED: Mavor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk ResScttletnentA-i ccmcntand(mnu a] Release RESOLUTION NO. 32-15 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN JOSEPH ITTER AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: SETTLEMENT AGREEMENT AND GENERAL RELEASE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 16'" day of June 2015. APPROVED this 16'h day of June 2015. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Vt� gSali lemnril��rcemenmud(�encrnl Relc:�,<c SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Settlement Agreement") is made and entered into by and between Joseph Itter ("Itter") and Elk Grove Village (the "Village"), Elk Grove Village Police Officer Jason Gottwald ("Gottwald"), Elk Grove Village Police Sergeant Matthew FioRito ("FioRito") as of this _ day of May 2015. WHEREAS, Itter has filed a lawsuit in the Circuit Court of Cook County, Illinois, County Department, Law Division, against the Village, Gottwald and FioRito for compensatory damages arising from an accident that resulted in personal injuries to Itter occurring on or about August 28, 2011, in a case entitled Joseph Itter v. Michael Burrell, Officer Jason Gottwald, Officer Sgt. Fiorito and Elk Grove Village, docketed as case number 2012 L 9713 (the "Lawsuit"); WHEREAS, Itter has employed and has had the benefit of the counsel of John Simonetti of the law firm Marino and Simonetti, as his attorney for the prosecution of this Lawsuit and this Settlement Agreement; WHEREAS, the Village, Gottwald and FioRito have employed and have had the benefit of counsel of Andrew Y. Acker of the law firm of Storino Ramello and Durkin, as their attorney for the defense of this Lawsuit and this Settlement Agreement; WHEREAS, the Village is obligated under State law to indemnify Gottwald and FioRito for liability arising from the performance of their ditties as police officers for the Village. The Village's payment of the agreed upon consideration provided by this Settlement Agreement is being done, in part, by the Village on behalf of Gottwald and FioRito pursuant to the Village's indemnification obligations as provided by law. As such, Itter shall look solely to the Village for payment for the agreed upon consideration provided by this Settlement Agreement; WHEREAS, each party has entered into this Settlement Agreement freely, voluntarily, willingly, knowingly, and intelligently, without being under the influence of any force or coercion of any kind; and the terms of this Settlement Agreement are the result of negotiation and discussion between representatives of Itter and the Village, Gottwald and FioRito and their respective attorneys, based on full and fair disclosure of all relevant facts; WHEREAS, each party expressly states that no representation has been made by any other party other than which is contained in this Settlement Agreement; and after carefully considering the terms of this Settlement Agreement, each party states that it does not regard this Settlement Agreement to be unconscionable; WHEREAS, Itter and the Village, Gottwald and FioRito in consideration of the obligations hereinafter undertaken, wish to settle and terminate the issues of the Lawsuit, to resolve and discharge as between Itter and the Village, Gottwald and FioRito and each of them all liabilities, disputed issues, claims, demands, actions, or causes of action arising out of the Lawsuit, to purchase peace, avoid further legal costs and wish to terminate the Lawsuit pursuant to the terms and provisions expressed herein; and WHEREAS, Itter and the Village, Gottwald and FioRito have entered into this Settlement Agreement to settle, compromise, release and dismiss all claims pending between the parties hereto in the Lawsuit, acknowledge that settlement of this claim is not an admission of liability of illegal conduct by any party and that this settlement is made to avoid the uncertainty of litigation and the expense in time and money of further litigation and for the purpose of judicial economy; N NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the adequacy of which is stipulated by the parties, it is hereby agreed as follows: 1. Incorporation of Preamble. The facts and statements contained in the preambles to this Settlement Agreement are found to be true and correct and are hereby adopted as part of this Settlement Agreement. 2. Payment of Consideration. The Village, Gottwald and FioRito agree to cause payment to be made to Itter by way of delivery to Itter's attorney within seven (7) days following the complete execution of this Settlement Agreement of a check in the amount of $125,000.00 (One -Hundred and Twenty -Five Thousand Dollars) to completely settle and resolve Itter's claims, and all other claims, actions and/or suits, including the Lawsuit, Itter has against the Village, Gottwald, FioRito arising from the incident that occurred on August 28, 2011, pursuant to the terms and conditions contained in this Settlement Agreement. 3, Mutual Releases. Upon payment of $125,000.00 to Itter: a. Itter's Release. In consideration of the promises and payments made by the Village, Gottwald and FioRito in this Settlement Agreement, Itter does hereby release, acquit and forever discharge the Village, Gottwald and FioRito and each of their agents, servants, employees, representatives, partners, affiliates, officers, trustees, successors and assigns ("Released Parties of Itler") from any and all actions or causes of action, including, but, not limited to, tort claims, contract claims and statutory claims, and all grievances, exemplary and punitive damages, expenses, fees, attorneys' fees or costs, the payment of any and all debts. 3 obligations, interest, and any and all liabilities whatsoever regarding the matters alleged in the Lawsuit, whether or not same were alleged or asserted in the Lawsuit. Notwithstanding the foregoing, Itter does not release or discharge the Village, Gottwald or FioRito from their obligations under or breach of this Settlement Agreement. b. Village, Gottwald and FioRito's Release. In consideration of the promises made by Itter in this Settlement Agreement, the Village, Gottwald and FioRito do hereby release, acquit and forever discharge Itter and each of his agents, servants, employees, representatives, partners, affiliates, officers, trustees, successors and assigns ("Released Parties of the Village, Gottwald and FioRito") from any and all actions or causes of action, including, but, not limited to tort claims, contract claims, and statutory claims, and all grievances, exemplary and punitive damages, expenses, fees, attorneys' fees or costs, the payment of any and all debts, obligations, interest and any and all liabilities whatsoever regarding the matters alleged in the Lawsuit, whether or not same were alleged or asserted in the Lawsuit. Notwithstanding the foregoing, the Village, Gottwald and FioRito do not release or discharge Itter for his obligations under or breach of this Settlement Agreement. 4. Dismissal of Lawsuit. Upon execution and approval of this Settlement Agreement by each of the parties hereto, the parties shall direct their attorneys to execute a Stipulation for Voluntary Dismissal of the Lawsuit/Agreed Order of Dismissal with prejudice and thereafter cause such stipulation/agreed order to be entered by the Cook M County Circuit Court, County Department, Law Division, thereby dismissing the Lawsuit with prejudice. 5. Full and Final Settlement. Itter and the Village, Gottwald and FioRito agree that execution of the Settlement Agreement and payment of consideration is in full and final settlement of all claims, demands, actions, causes of action, contribution claims, obligations, agreements, promises, representations, restrictions, damages, and liabilities of any nature whatsoever in law and equity, whether known or not known, now existing or arising after the date of this Settlement Agreement, whether suspected, claimed or recognized under existing common law and statutory law, which Itter or the Village, Gottwald and FioRito now have, had or claim to have, or may ever have against each other which arise out of the matters alleged in the Lawsuit or which could have been asserted in the Lawsuit. 6. Nondisclosure. Itter agrees that he will not disclose, discuss or publish the terms of this Settlement Agreement and/or the facts alleged in the Lawsuit to third -parties except his attorney and/or accountant or as required by law. 7. For Settlement Only. Each of the parties' obligations specified herein are made solely for the purposes of terminating and completely resolving all claims between Itter and the Village, Gottwald and FioRito concerning the Lawsuit. Nothing in this Settlement Agreement is intended or should be construed as an admission that Itter or the Village, Gottwald or FioRito, or any of its current and former officers, employees or agents is liable for any act or inaction, violated any law or committed any wrongdoing whatsoever, it being understood that Itter and the Village, Gottwald and FioRito and their officers, employees and agents each expressly denies any wrongdoing or liability, and enters into this Settlement Agreement amicably to resolve all disputes arising between the parties. 8. Authority for Settlement Agreement. Itter and the Village, Gottwald and FioRito each hereby represents and warrants that they have the power and authority to enter into this Settlement Agreement. Each individual executing this Settlement Agreement on behalf of a trust, partnership, corporate or governmental entity represents that he or she has full authority to execute the same, and that all necessary trust, partnership, corporate or governmental action has been taken by such party. 9. Fees and Costs. Each party shall pay its own costs, expenses, attorney's fees, consultant's fees and witness fees incurred. 10. Default. A default will occur upon a breach of the terms or conditions of this Settlement Agreement by duly authorized officers, employees, or agents of Itter or the Village, Gottwald or FioRito. In the event of default, the non -breaching party may seek enforcement or bring a civil action for breach of this Settlement Agreement plus their attorneys' fees, costs and interest accrued pursuing such action. No act of forbearance by a party with respect to its rights under this Settlement Agreement shall be deemed a waiver of or impair any party's right to enforce this Settlement Agreement by its terms. 11. Interpretation. This Settlement Agreement shall be deemed to have been executed and delivered within the State of Illinois and shall in all respects be interpreted, enforced and governed by the laws of the State of Illinois. 12. Complete Agreement. This Settlement Agreement constitutes the complete understanding between Itter and the Village, Gottwald and FioRito. No other 0 promises or agreements, either expressed or implied, shall be binding unless signed in writing by all parties to this Settlement Agreement. 13. Voluntary Agreement. Itter and the Village, Gottwald and FioRito each acknowledges that they have been represented in this matter by counsel, have had sufficient time to consult with its counsel to the extent they deem necessary, have read this Settlement Agreement, understand its provisions and have signed this Settlement Agreement knowingly and voluntarily. 14. Counterparts. This Settlement Agreement may be signed in one or more counterparts, each of which will be considered one and the same agreement, deemed an original and attached to for the entire Settlement Agreement. 15. Amendments. This Settlement Agreement shall inure to the benefit of and may be enforced by or against the parties to this Settlement Agreement. This Settlement Agreement may not be amended, in whole or in part, except in writing signed by a duly authorized agent of Itter and the Village, Gottwald and FioRito. IN WITNESS WHEREOF, the parties have executed this Settlement Agreement this _ day of May 2015. Itter: By: Joseph Itter Village: By: Attest: By: _ By: By: _ 7 Craig B. Johnson, Village Mayor Judith M. Keegan, Village Clerk Jason Gottwald, Police Officer Matthew FioRito, Police Sergeant