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HomeMy WebLinkAbout98-0327 McGrath RELEASE The undersigned, McGrath Buick, Inc. , an Illinois corporation, by and through its 00,...4-- , Leo J. McGrath, do for the consideration of Five Thousand and No/100ths Dollars ( $5, 000 . 00) and other acknowledged legal forbearances and comprises, the legal sufficiency and receipt of which are hereby acknowledged, does enter into this release as follows : Whereas, McGrath Buick, Inc. , is the owner of certain property commonly known as 945 East Chicago Street, Elgin, Illinois (hereinafter referred to as the "subject property" ) ; and Whereas, the City of Elgin has previously provided for the construction of certain drainage and detention improvements to the south of the subject property, commonly known as the Willard Avenue Detention Basin (all of the various improvements relating to the Willard Avenue Detention Basin are hereinafter collectively referred to as the "Willard Avenue Detention Basin" ) ; and Whereas, McGrath Buick, Inc . alleges it has suffered erosion and other damages to the subject property as a result of improper design and maintenance of the Willard Avenue Detention facility; and Whereas, McGrath Buick, Inc . proceeded to make certain repairs to its property and alterations to the Willard Avenue Detention Basin in order to correct the alleged drainage problems on the subject property and as a result thereof claims the City of Elgin is indebted to McGrath Buick, Inc. in the amount of $5, 000; and Whereas, the terms of a settlement have been entered into between McGrath Buick, Inc . and the City of Elgin wherein the City of Elgin shall pay concurrent with the execution of this release to McGrath Buick, Inc . the sum of $5, 000, it now being the intention of McGrath Buick, Inc . as undersigned to settle any and all claims as may exist in the past, present or future between McGrath Buick, Inc. and the City of Elgin relating claims which may exist or have existed with respect to the design, construction and maintenance of the Willard Avenue Detention Basin. Now, therefore, McGrath Buick, Inc . , does hereby for itself, its shareholders, officers, employees, agents, heirs, executors , administrators, successors and assigns, release, acquit and forever discharge the City of Elgin, its officers, employees, agents, contractors, servants, successors, heirs, executors, administrators, and all other related persons, firms, corporations, associations or partnerships of or from any and all claims, actions, causes of action, demands, rights, damages, costs, losses of service, expenses and compensation whatsoever, on account of or relating to the design, construction or past or future maintenance of the Willard Avenue Detention Basin and all improvements relating thereto, which the undersigned now has or may hereinafter accrue on account of or in any way growing out of any and all known or unknown, foreseen and unforeseen claims arising as a result of -2- the design construction, existence, or maintenance of the subject Willard Avenue Detention Basin and all improvements relating thereto. It is understood and agreed that this settlement is a compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the City of Elgin by whom liability is expressly denied and that this release releases only liability therefore, it is merely intended to avoid litigation to settle any and all claims between the parties with respect to the Willard Avenue Detention Basin. McGrath Buick, Inc . hereby declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned, and this release contains the entire agreement between the parties hereto, and the terms of this release are contractual and not a mere recital . The undersigned has carefully read the foregoing release and fully understands and accepts it in its entirety and signs the same as our own free act. McGRATH ICK, INC. By AL's' FP Leo J. McGrath Its I , Leo J. McGrath, being first duly sworn and under oath, do state that I am the er ec, 6Q6„1,-- of McGrath Buick, Inc . , and that I have read the foregoing release, that I -3- understand the terms herein, that the terms are true, accurate and correct, and that McGrath Buick, Inc. accepts the terms of said release in its entirety. McGRATH B INC. By Lea McGrath Its �r Subscribed and sworn to before me this /3 day of /4 &rv< , 1998 . otary u lic ® pFFiC1A�- S_ AL 4 TED A. `��EYERS 4 NOTARY PUBLIC, STATE , 112 2.00 va, 2„01 A ?:4y Comm sio`X es.��:ice r' d -4- March 27, 1998 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: McGrath Buick Drainage Dispute Attached find an original executed copy of the release from McGrath Buick Inc . relating to the drainage dispute concerning the Willard Avenue Detention Basin. V F WAC nr Attachment January 8, 1998 MEMORANDUM TO: Robert O. Malm, Assistant City Manager/COO FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: McGrath Buick and City Drainage Dispute At the direction of the City Council I have conducted an additional investigation concerning McGrath Buick' s request for reimbursement for certain expenses incurred by McGrath Buick to improve drainage in the southwest corner of its parking lot at 945 E . Chicago Street. It would appear that the Willard Avenue Detention Facility which was to be constructed by the city south of the McGrath property was constructed in substantial conformance with the plans as originally proposed. However, it also appears that the city' s maintenance of the detention facility and specifically the spillway leading from the McGrath Buick property was at best occasional . It is likely that this lack of maintenance to the spillway structure contributed to the drainage problems on the McGrath Buick property. Based upon these circumstances it would be reasonable to proceed with the proposed $5, 000 settlement of the McGrath Buick claim. I have forwarded to McGrath Buick' s attorney Ted Meyers a draft Release to provide for McGrath Buick releasing the city of all claims relating to the Willard Avenue Detention Basin. I will advise you as soon as discussions concerning the release are completed. Please contact me if you require any additional information at this time. Vinf WAC nr cc : Joyce A. Parker Erwin W. Jentsch