HomeMy WebLinkAbout063-R-19 Authorizing the Settlement and Release of all Claims in R.J. O’Neil, Inc. v. City of Evanston, et al06/14/2019
63-R-9 9
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
R.J. O'Aleit, Inc. v. City of Evanston, et al.
WHEREAS, Case No. 2018-CH-15227 in the Circuit Court of Cook
County, County Department, Chancery Division, concerns a lawsuit against the City of
Evanston, Copenhaver Construction, Inc., and Western Surety Company, Inc. involving
allegations of breach of contract and seeking a declaratory judgment issuing a
mechanic's lien on the public funds for the City's Fountain Square Renovation 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 Plaintiff a settlement amount of
approximately sixty-five thousand dollars ($65,000.00) ("Settlement Payment") and the
City will pay seventy thousand dollars ($70,000.00) to Defendant Copenhaver
Construction Inc., pursuant to the terms of the Settlement Agreement; and
WHEREAS, the City's payment to RJ O'Neil, Inc. and Copenhaver
Construction, Inc. was already budgeted for within the Fountain Square Renovation
Project and funds were withheld pursuant to this lawsuit;
WHEREAS, pursuant to the terms of the Settlement Agreement Plaintiff
will obtain an order from the court dismissing with prejudice all claims brought against
Defendants in Case No. 2018-CH-15227; and
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 12012(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
Plaintiff 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 63-R-19 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: d2 , 2019
Stephen H. Ha-
ey,M
Approved as to form:
Michelle L. Masoncup, Corp ration
Counsel