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R-28-13 Approving a Release of Claims with the Illinois Department of Transportation Resolution No. R- A Resolution Approving a Release of Claims with the Illinois Department of Transportation WHEREAS,the President and Board of Trustees find that executing the Release of All Claims with the Illinois Department of Transportation pertaining to IDOT File# 774683, attached as Exhibit A and incorporated in its entirety; BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont as follows: Section One: The Release attached hereto as Exhibit A is hereby approved. Section Two: The Mayor and/or Village Administrator are authorized to execute the Release of all Claims and to make minor changes to the document prior to execution which do not materially alter the Village's obligations, and to take any other steps necessary to carry out this resolution. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK,WILL AND DUPAGE, ILLINOIS on this 10th day of June,2013. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer Paul Chialdikas ✓ Clifford Miklos ✓ Ron Stapleton ►/ Rick Sniegowski ✓ Jeanette Virgilio ✓ / .4°P BRI N K. REAVES President TEST: 4fil .4r'/,.A CHARLENE MOLLEN Village Clerk #576325 EXHIBIT A RELEASE OF ALL CLAIMS #576325 Illinois Department of Transportation RELEASE OF ALL CLAIMS IDOT File#: 774683 KNOW ALL MEN: FOR AND IN CONSIDERATION, of the payment to me at this time of the sum of ($10,900.00) Ten Thousand Nine Hundred and no/100 Dollars, the receipt and sufficiency of which is hereby acknowledged, I, Benjamin Wehmeier, Village Administrator, on behalf of the Village of Lemont, being of lawful age, do hereby release, acquit and forever discharge THE STATE OF ILLINOIS, ITS EMPLOYEES, AGENTS AND THE. ILLINOIS DEPARTMENT OF TRANSPORTATION of and from any and all actions, causes of action, claims, demands, costs, loss of services, expense and compensation, on account of, or in any way growing out of, any and all known and unknown personal injuries and property damage resulting or to result from an incident that occurred at or near the Lemont Road Bridge and I & M Canal, Lemont Illinois wherein a concrete channel which drains scuppers from the bridge deck created a washout and damaged a portion of the south wall of the I & M Canal. I hereby declare and represent I was not injured and in making this release and agreement it is understood and agreed that I rely wholly upon my own judgment, belief and knowledge of the nature, extent and duration of said injuries, and that I have not been influenced to any extent whatever in making this release by any representations or statements regarding said injuries, or regarding any other matters, made by the persons, firms or corporations who are hereby released, or by any person or persons representing him or them, or by any physician or surgeon by him or them employed. It is mutually understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the person, firm or corporation released, by whom liability is expressly denied. • This release contains the ENTIRE AGREEMENT between the parties hereto and the terms of this release are contractual and not a mere recital. I further state I have carefully read the foregoing release and know the contents thereof, and I signed the same as my free act for the purpose of making a full and final compromise, adjustment and settlement of the injuries and damages mentioned above. WITNESS my hand and seal this day of , 20 In presence of X Signature Social Security#or FEIN# X Signature Social Security#or FEIN # STATE OF ILLINOIS SS. COUNTY OF On this day of , 20 before me personally appeared to me known to be the person described herein, and who executed the foregoing instrument and acknowledged that voluntarily executed the same. NOTARY PUBLIC OCC 2031 (Rev. 8/06)