Resolution 2014-26 Resolution No. 2014-
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING A GENERAL RELEASE BY AND BETWEEN THE UNITED CITY OF
YORKVILLE AND THE COMMONWEALTH EDISON COMPANY
(Beecher Road)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City has incurred property damages and associated losses arising out of
an incident that occurred on or about January 1, 2014 and throughout the winter season of 2014
at or near a portion of Beecher Road located in the City(the "Incident"); and,
WHEREAS, the Mayor and City Council have determined that it is in the best interests
of the City to enter into a general release with the Commonwealth Edison Company in the
amount of$120,000.00 to settle the City's claim for damages arising out of the Incident, all as
hereinafter set forth in the General Release by and between the United City of Yorkville and the
Commonwealth Edison Company, attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED,by the Mayor and City Council of the
Untied City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the General Release by and between the United City of Yorkville and the
Commonwealth Edison Company, attached hereto and made a part hereof, is hereby approved
and the Mayor and the City Clerk are hereby authorized to execute and deliver said General
Release on behalf of the City.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Resolution No. 2014- 0�0
Page 1
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of �� p -�' , 2014.
oeliir
CITY CLERK
CARLO COLOSIMO ` KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER �— JOEL FRIEDERS
ROSE ANN SPEARS �� DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
09O day of OC-MBEK , 2014.
1paw
MA O
Attest: Lei'
City Clerk
Resolution No. 2014-0740
Page 2
ComEd Claim Number: GCED2014352166
GENERAL RELEASE
FOR AND IN CONSIDERATION OF THE SUM OF One Hundred and Twenty
Thousand Dollars and Zero Cents ($120,000.00), in hand paid within 30 days of the
execution and return of this General Release form, representing the aggregate of all road
damages, repair bills and other bills, lost wages, lost revenue and lost time, other personal
property damages belonging to the United City Of Yorkville, as well as the costs and
expenses of recovery, The United City of Yorkville does hereby, for itself and its
successor, assigns, and associated entities, servants and agents, release and forever
discharge the Commonwealth Edison Company, a Corporation, its successors, assigns,
and associated entities, servants and agents, of and from all actions, causes of actions,
suits, controversies, claims and demands of whatsoever kind, at law or in equity, which it
now has or may have for property damages and associated losses arising out of an
incident that occurred on or about January 1, 2014 and throughout the winter season of
2014, at or near Beecher Road, South of Corneils Rd in the United City of Yorkville,
Illinois.
THE UNITED CITY OF YORKVILLE FURTHER UNDERSTANDS AND
AGREES THAT THIS SETTLEMENT IS THE COMPROMISE OF A DOUBTFUL
AND DISPUTED CLAIM AND THAT THE PAYMENT MADE IS NOT TO BE
CONSTRUED AS AN ADMISSION OF LIABILITY ON THE PARTS OF THE
PARTY OR PARTIES HEREBY RELEASED, BY WHOM LIABILITY IS
EXPRESSLY DENIED.
The United City of Yorkville further states affirmatively that it knows of no liens
of any kind on the property damage claims asserted and that it agrees to indemnify the
Commonwealth Edison Company, a Corporation, for any and all such claims based upon
such a lien if presented at any time hereafter.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEALS
THIS c20 DAY OF T06154 A.D. 20 .
United City of Yorkville
By: a4�
Its: 4 ,— 61 1
Notary (Seal)
ENOTARY AL SEAL
CKERING
STATE OF ILLINOIS EXPIRES:12/18/16