HomeMy WebLinkAbout058-R-1808/01 /2018
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A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Chicagoiand Paving Contractors, inc. v. City of Evanston
WHEREAS, Case No. 2017-L-000240 in the Circuit Court of Cook County,
County Department, Law Division, concerns a contract dispute lawsuit against the City
involving allegations of breach of contract regarding the Davis Street Improvement
Project and the Parking Lot Rehabilitation at Central Street and Steward Avenue
Project; and
WHEREAS, the parties seek to settle and release all claims pursuant to
the terms of a Release and Settlement Agreement ("Settlement Agreement") negotiated
by attorneys of record in this litigation;
WHEREAS, the City will pay Plaintiffs a settlement amount of
approximately two hundred and sixty-five thousand dollars ($265,000.00) ("Settlement
Payment") pursuant to the terms of the Settlement Agreement; and
WHEREAS, pursuant to the terms of the Settlement Agreement, on
August 17, 2018, Plaintiff will obtain an order from the court dismissing with prejudice all
claims brought against Defendant in Case No. 2017-L-000240; and
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 120/2(e), the City must approve final action on settlement of this litigation in open
session; and
WHEREAS, issuance of the City's Settlement Payment is not an
admission of liability.
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City is hereby authorized to approve settlement with
Plaintiffs and issue the City's Settlement Payment pursuant to the terms of the
Settlement Agreement. The City's Settlement Payment is not an admission of liability.
SECTION 2: Resolution 58-R-18 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
Attest:
Devon Reid, /City Clerk
Adopted: � v b <,4 �3 , 2018
Michelle L. Masoncup, Corporation
Counsel
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