1988-12-19 - Resolution 1988-71 - APPROVING SETTLEMENT AGREEMENT AND MUTUAL RELEASE RELATING TO THE FAILURE OF THE NORTHWEST WATER COMMISSION'S DIVISION A RESERVOIRRESOLUTIoN NO. 88-71
RESOLUTION APPROVING SETTLEMENT AGREEMENT AND
MUTUAI, RELEASE RELATING TO THE FAILURE OF THE
NORTHWEST WATER COMMISSIONI S DIVISION A RESERVOIR
ITEEREAS, the Village of Buffalo is a member of the NorthwestGrove
andWater Comnission (the "Comrnission");
T EEREAS, the Commisslon has undertaken a major plpeline, reservolr
and pumping station project to brlng ],ake Michlgan water to the Village
and the Commissionrs other member Villages; and
t EEREAS, the Coumission entered into an Agreement wlth PRC Consoer
Torrnsend and PRC Englneerlng, Inc. (co11ectlvely "PRC") for Engineering
Servlces for the design by PRC of the Divislon A Reservoir and Pumplng
Station to be erected at Foundry
(the "Projecr"); and
IImREAS, J. C. Whlteman, Jr.
for PRC, was acting as one of
construction of the project; and
IIEEREAS, the Conmission and
and Wolf Roads, Des Plaines, Illinois
(hereinafter "Whlteman"),
the supervising engineers
an engineer
during the
(herelnafter
completion
constructlon; and
LEERr.AS, Boockford & co. (hereinafter "Boockford") is
The ceorge Sollit t Construction Company
the construction and"So11itt") entered into a contract for
of the Project and thereafter Sollitt undertook said
organlzed and existing under the laws of the State
engaged in business as an independent Lnsurance agency'
IIEEREAS, Boockford obtalned and provided certaln
for the Project; and
I,EEREAS, the Hartford
"Hardford") is an i.nsurance
and
Insurance Company of
of
a corPoration
Illinois, and
and
lnsurance coverages
I11lnois (hereinafter
buslness in Illinois;conpany authorized to do
'' \.z \-/
-2-
IEEREAS, Hartford lssued a certain pollcy of property insurance,
tdentifled as 82 TM DMll53, insuring the Conmisslon agalnst physical loss
and damage, subject to its terns, conditions, provlsions, and excluslons,
and namlng PRC and Sollltt as addltlonal insureds thereunder; and
IIEEREAS, Hartford issued a certain policy of llab11lty lnsurance,
identified as 82 C EE4063, i.nsuring the Commission against claims for
property damage and bodtly injury, subject to its terms, conditions,
provlsions, and exclusions, and naming PRC as an addltlonal insured
thereunder; and
I{EEREAS, I{artford issued a certain pollcy of excess liability
lnsurance, identified as 82 HU VI{ 1321, insurlng the Comnlssion against
claims of personal injury and property damage, subject to its terms,
conditlons, provisions, and exclusionsl and
IIEEREAS, the lludson Insurance Company (herelnafter "Hudsonr') 1s an
lnsurance company authorlzed to do business in llllnois; and
IIEEREAS, Iludson issued a certain pollcy of umbrella 1iabil1ty
identified as HCinsurance,
Northwest,
advertising
exclusions I
I{EEREAS
against c 1a ins
l iab i1i ty,
and
ldentified as TR-NSL- 166T851-A-8 3 '
personal injury and bodily lnjury,
provlslons and excluslons; and
01457, insuring Sollitt and others, including
for personal injury, property damage, and
subject to its terms, conditions, provisions and
insuring PRC against claims for
subj ect to ics terms , conditions ,
the Travelers Insurance Company (hereinafter "Travelers")
is an insurance company authorlzed to do business in Illlnois1 and
certain policy of J-iab1Lity insurancetEEREAS, Travelers issued a
" \-, \-/
-3-
IIEEREAS, theNorthbrook Insurance Company (hereinafter "Northbrook")
Ls an lnsurance company authorlzed to do business ln Illinois; and
IIEEREAS, Northbrook lssued a certaln po1lcy of liability insurance,
ldentlfled as BPP 0230442, insuring So11ltt agalnst claims for property
damage and bodlly injury, subject to lts terms, conditions, provlslons
and exclusions, and namlng the Cournlsslon and PRC as additional l-nsureds
thereunder; and
I{EEREAS, International Insurance Company (herelnafter " Internat tonal" )
ls an lnsurance company authorized to do buslness 1n l111nols; and
IEEREAS, Internatlonal issued a certaln pub11c officials 1lab11ity
pollcy, identified as 524-049963-3, insurlng the Commission agalnst clains
for wrongful acts and omlssions, lncludlng mlsfeasance and malfeasance,
subject to lts terms, condltlons, provislons, and exclusions; and
IIEEREAS, the Paciflc Employers Insurance conpany (herelnafter
"Paclflcr') is an insurance conpany authorlzed to do buslness in Illlnolsl
and
I{EEREAS, Pacific lssued a certain pollcy of professional llab111ty
lnsurance, identifled as &10 01 72 03, lnsurlng PRC against clalns for
personal lnjury and property damage and advertislng liability, subject
to its terms, condltions, provislons, and excluslons; and
IIEEREAS, ln the course of the construction of the Project, dlsputes
arose between and among the Conmisslon, Sollitt, PRc and Whlteman
concerning the adequacy of the deslgn, constructlon management'
constructlon administratlon, and the contractorrs perfornancel and
IJEEREAS, on or about September 4, L984, the Division A Reservolr
suffered a fallure when ce1l I and a portion of cell 2 separated from the
remalnder of the reservoir (the "Reservolr Failure"), the cause of whlch
fallure has been the subject of subsequent controversy and lltlgatlon; and
" \'/ \-/
-4-
I{EEREAS, Sollitt on November 30, 1984 ceased perfornanee on the
Project contending that the Comission materially breached the
constructlon contract and that lts rrork was substantlally conplete; and
IIEEREAS, the Cotrlmisslon on December Il ' I984 termlnated the
construction contract contendlng that Sollitt had abandoned the ProJect
rrlthout legal justification and had materially breached the construction
contract; and
llEEnEAS, Sollitt initlated an action on or about January 3, 1985 ln
the Clrcult Court of Cook County lllinols, County Department, Law
Dlvlslon, bearing Docket No. 85 L 1014 seeklng damages against the
Conmlssion, PRC and Whlteman for matters arising out of and relating to
the construction and Reservolr Failure (hereinafter the rrSollitt Sultrr)'
whlch sult remains pending and unresolved; and
Ilf,EnEAS, Hartford initiated an action on or about Aprll 18, 1985 ln
the Clrcuit Court of Cook County, I11lnois County Department, Chancery
Divlslon, bearing Docket No. 85 CH 03841' seeking a declaratory judgnent
that there was no coverage afforded under policy 82 TM DM1153 for the
Reservolr Failure, and further seeking a declaratory judgment that it
owned nelther a duty to defend nor indemnlfy the Conlnlsslon, PRC, and
Whlteman under pollcy 82 C EE4063 for the matters alleged ln the Sollitt
Sult (hereinafter the "Hartford Suit"), which sult remalns pending and
unresolvedl and
IIUEREAS, Northbrook lnltlated an actlon on or about October 30' 1985
ln the Clrcuit Court of Cook County, Il1inois, County Departnent, Chancery
Dlvlslon, bearing Docket No. 85 CH 10587, seeking a decLaratory judgment
that 1t owed neither a duty to defend nor indemnlfy the Comlission, PRC,
and Whiteman under policy BPP 0230442 for the matters alleged ln the
Sollitt Suit (heretnafter the "Northbrook Sutt") ' whlch sult renalns
" \-, \-/
-5-
pendlng and resolved, and has been consolldated for deterninatLon with the
Hartford Sult; and
HBEREAS, the Comuisslon, the Village of Arlington Heights (Hereinafter
rrArllngton IIeights"), the Vlllage of Buffalo Grove (Iterei.nafrer "Buffalo
Grove"), the Village of Palatlne (Hereinafter "palatlne") and the V11lage
of Wheeling (Herelnafter "Wheellng") lnitlated an actlon on or about lIarch
31, 1986 in the Circuit Court of Cook County, Illlnols, County Department,
Lard Dlvlslon, bearlng Docket No. 86 L 07098, seeking darnages agaLnst
Sollltt, Boockford, Hartford, et al. for matters arlsing out of and
rel-atlng to the constructlon contract, the Reservolr Failure, insurance
procurement, and lnsurlng obllgation dlsputes (herelnafter the trComission
Sult'r), which sult remalns pendlng and unresolved; and
I{trEREAS, Hudson initlated an actlon on or about September 30, 1987
ln the United States Dlstrlct Court, Northern District of ll1inois,
Eastern Divlslon, bearing Docket No. 87 C 8529, seeking a declaratory
judgnent that lt owed nelther a duty to defend nor tndemnlfy Sollitt under
pollcy HC 01457 for the matters alleged ln the Connlsslon Suit
(herelnafter the "Hudson Sutt"), which sult remains pendlng and
unresolved; and
ITEEREAS, Travelers initiated an actlon on or about February 8, 1988
in the Circuit Court of Cook County, Illlnois, County Departnent, Chancery
Divlslon, bearlng Docket No.88 CH 1124, seeking a declaratory judgnent
that lt owed nelther a duty to defend nor lndemnify PRC and lJhiteman under
po1lcy TR-NSL- 165T85 t-A-83 for the matters alleged in the Sollltt Suit
(herelnafter the t'Travelers Suitrr), whlch suit remalns pending and
resolvedl and
IIEEREAS, a ci.alm has been nade by the Comnisslon against International
for attorneys fees and costs incurred ln connection wlth one or more of
'' \./ \J
-6-
the suits aforesald, which clalrr remains pending and unresolved, and for
whlch no suit has yet been filed; and
IiEEnEAS, the Conurlsslon, Arllngton Heights, Buffalo crove, Palatlne
and Wheellng ln May, 1985 entered lnto a certain settlement agreement with
PRC and Paciflc Lrlth respect to the engineering servlces provlded for the
Project and the Reservoir Failure, sald settlement havlng as one of lts
provisions the extension of a loan from PRC and Paclfic to the Conmisslon,
whlch loan has not been ful1y repaid and discharged, havlng an outstandlng
balance of approxlmately $1,360,000; and
IIEEREAS, the parties uentioned herein have endeavored to anicably
resolve and to forever put aside all manner of dlspute and controversy
aEong themselves arising out of the project, the constructlon contract,
and Reservolr Failure, the dutles to procure lnsurance, the duties to
defend and/or lndeurnlfy under any of the liability policies of insurance
hereln nentloned, coverage obllgations under any property policy of
lnsurance hereln nentioned, and all clains and/or causes of action lrhich
have been or could have been asserted in the suLts herein mentloned
brought in consequence thereof; and
IIf,EREAS, the President and Board of Trustees of the Village of Buffalo
of the Village andGrove have de te rmine d lt to be in
" Se t tlenent
the best interest
iEs citizens that the Agreement
on behalf
and Mutual Release" attached
hereto be approved and executed
authorized offieials;
NOW, TEEREPORE, BE IT RESOLVM
OF TEE VILI,AGE OF BIIFEALO GROVE,
AS FOLLOWS:
of the Village by its duly
cot NTrEs or cooK AND r^aKE, rl,I,rNors,
BY THE PRESIDENT AND BOARD OF TRUSTEES
SECTION ONE: The "Settlement Agreenent and Mutual Release"relating
' \., \)
-7-
to the failure of the Northwest Water Commlsslonrs Dlvislon A reservolr
("Settlenent Agreementr'), substantially in the form attached to thls
resolution and by this reference Lncorporated hereln and nade a part
hereof, be, and the sane hereby 1s, approved.
SECTION fi{O: The Presldent and Vlllage Clerk of the Vlllage of
Buffalo Grove are hereby authorlzed and directed to execute, ln such
number of copies as may be required, the aforesald Settlement Agreement,
substantlally in the form attached hereto, on behalf of the V1llage of
BuffaLo Grove. The Vlllage Clerk ls dlrected to dellver a certlfled copy
of this Resolution and the executed Settlenent Agreenent to the Northwest
lJater CoDrission.
SECTION TEBEE: The Resolutlon shal1 be ln full- force and effect from
and af ter and approval in the manner provlded by law;
this Resolutin sha11 be of no force or effect
unless and until the Cornmission shall approve the aforesald
and unless and untllSettlement Agreement on or
its passage
hordever, thatprovided,
whatever
Ehe aforesaid Settlenent
before January 31, I989
Agreenent, ln the same as approved and
the other parties
forrn
executed by the Comnission, has been executed by each of
thereto and delivered by each to the Commission.
-8-
PASSD TEIS 19 rh DAY OF December , 1988 .
AYES: 6 - Mar ienthal . Glover.Reid, Shields, Shifrin, Mathias
NAyS: 0 - None
ABSTAIN: 0 - None
ABSENT: 0 - None
APPROVED TIIIS 19 th , DAY OF Dec erob e r , 198 8
lage Pre s ident
ATTEST:
,)rl*,r*..#-
67c! villaee cre
( SEAL)
STATE OF ILLINOIS
COIINTy OF Lake & Cook
I, Janet M. Sirabian , hereby certify that I am the
duly elected, quallfied and acting VIIJ^AGE CLERK of the Vlllage of Buffalo
Grove, Countles of Cook and Lake, Illlnols, and the keeper of lts seal
and records,
I hereby further certlfy that the attached is a true copy of Resolution
No.88-7r adopted on the 19 th day of Decernber
198 8 by the Vtllage Board of the Vlllage of Buffalo Grove as shown
by the records ln ny custody.
tIIll{BSS IIEEREOF, I have hereunto set my hand and afflxed the seal-
of the Vlllage of Buffalo Grove aforesaid, at said Vlllage, ln the Countles
and State aforesald, this 6 th day of February , I98 I
\rrr/,t f,l,,9ulu;^0 village Clerk
unu.u,t ^k{ktunUy O.p.rty Vlf fu{e Clerk
)
)
)
,
DJP-SA006 '-'
SETTLE!'IENT AG REET'IENT A ND !,IUTUAL RELEASE
This Settlenent Agreement and f{utual Release is
entered this 31 day of January, 1989 and tnade by and between
the NoRTEwEsT wAtER couulssloN (hereinafter |lNorthwestll),
the GEORGE SOLLITT CONSTRUCTION CO!'IPANY (hereinafter
"sollitt"), coNsoER TOWNSEND e ASSOCIATES, INC., a successor
corPoration to PRC Engineering, Inc', and PRC Consoer
Tog,nsend (hereinaf ter collectively .,PRc"), J.C. hIHITEIIAN JR.
(hereinafter "Whitemann ), the VILLAGE Of ARLINGTON HEIGHTS
(hereinafter "Arlington Eeights"), the VILLAGE OF BUFFALO
GROVE (hereinafter "Buffalo Grove"), the VILLAGE OF PALATINE
(hereinafter "Palatine"), the VILLAGE OF WHEELING
(hereinafter "Wheeling"), the PACIFIC E!'iPLOYERS INSURANCE
CO!,IPANY (hereinafEer "Pacific" ), the IIARTFoRD INSURANCE
COIiPANY OF ILLINOIS (hereinafter "Hartford" ) ' the TRAVELERS
INSURANCE CoI-IPANY (hereinafter "Travelers" ) ' the INSURANCE
CoMPANYoFNoRTHA}4ERICA(hereinafterI'INA',),BoocKFoRD&
CO. (hereinafter "Boockford" ), INTERNATIONAL INSIIRANCE
COMPANY (hereinaf t.er "International" ), the NORTITBROOK
PROPERTY s CASUALTY INSURANCE COMPANY (hereinafter
,,Northbrook,') , and the HUDSON INSURANCE COI'IPANY (hereinaf ter
,,Hudson") (al1 the foregoing being hereinafter sometimes
referredtocollectivelyasthe'tparties'.),Pursuanttothe
following terms, conditions, provisions, Promises and
convenants.
,i
consultants, heirs and legaI representatives .
Each party vrarrants that before signing
this Settlement Agreement and Mu
reviewed sane in the p
s and have bee
aning,
executed in multipIe, j.dentical co
and aII of said counterparts shall taken t
constitutes this inteqrated Settlement Agre
xecute this S e
ettlement Agreement and Mu
^1-
ease on its behalf.
seal-
I Re Iease,
Release may
te rpa
l
they ce of or with
their at fully informed of
i,ts content have executed it of
their own free wi nd knowledge thereof, and
that the indiv gning belov have full
authori ty to lement Agreement and
Mutua I
15. This
rts
the
""-s"
IN WITNESS WI{EREOF, this Agreement has been sigmed on the
date first above written.
ATTEST: NORTIIhIEST I{ATER COMMISSION
Byt
\TA ME
ATTEST :CEORGE SOLLITT CONSTRUCTION ANY
Byt
I.IAME
19
14.
IN WITNESS WHEREOF, this Agreement has been signed
on the date first above sritten.
NORTEWEST WATER CO!.IMISSION
By:
NA.!,1E
ATTEST :
ATTEST :
ATTEST:
CONSO
J. C.E].!.AN JR
GEOR OLLITT CONSTR N CO.
By:
SEND &., rNc.
t./\By
r1
lu,
h-
ATTEST:VILLACE OF ARLINGTON SEIGHTS
-r2-
By:
ATTEST:
VILLAGE OT' BUEPAIO GROVE
By:
VILLAGE OE PALATINE
VILLAGE OF WEEELING
PACIFIC E}.TPLOYERS NSURANCE CO.
EARTPORD INSURANCE COI.IPANY
By:lL ut /
/
ATTEST :
NAUE
ATTEST:
By
NA},TE
ATTEST :
ATTEST:
ATTEST:
IA
1
-24-
By:
ATTEST :
NA.I{E
ATTEST:
ATTEST :
By
TR,AVELERS INSURANCE CO}IPANY
By:
INSURANCE COIIPANY OF
NORTH
BOOCKFORD & COMPANY
By:
INTERNATIONA], INSURANCE CO!,IPANY
By:
NORTHBROOK PROPERTY &
CASUA],TY INSURANCE COIIPANY
)
ATTEST :
ATTEST:
-:=- t^ zr---.<-By:
-25-
)
n
--..11 4 rt--z- *
NAIiIE
ATTEST :EUDSON INSURANCE COI,IPANY
By:
-26-
!
CONSOER TOWNSE}ID & ASSOCIATES, INC.
By,
NAIIE
ATTEST:
NAME
J.C. WHITEMAN JR.
Byt
VILLAGE OF ARLINGTON HEIGHTS
By:
VILLAGE OE BUFFALO GROVE
By:
VILLAGE OE PAI"ATINE
By,
VJLLAGE OE WIIEELING
Byt
PACIEIC EMPLOYERS INSURANCE COMPA}TY
By,
ATTEST:
NAME
ATTEST:
NAME
ATTEST I
NAJ'IE
ATTEST:
NAME
ATTEST:
NAME
-20-
ATTEST:
ATTEST:CONSOER TOWNSEND & ASSOCIATES, INC.
By,
J.C. IiH I TEMAN JR.
By:
VILLAGE OE ARLINGTON HEIGHTS
By,
VILLAGE OE BUFFALO GROVE
By,
VILLAGE OF PALATINE
NAME
AJ.J,E)J,:
NAME
ATTEST :
NAME
ATTEST:
NAME
ATTEST :
*U,tn b
By
NAIYIE
ATTEST:
NAME
ATTEST:
VI LLAGE OF WHEEL]NG
Byt
PACIFIC EMPLOYERS INSI'RANCE COMPANY
Byt
NAME
-20-
CONSOER TOWNSEND & ASSOCIATES, INC.ATTEST :
By:
NAME
ATTEST;
NAI'IE
ATTEST:
J.C. WHITEI!'AN JR.
Byt
VILLAGE OF ARLINGTON IIEIGHTS
Byt
VILLAGE OF BUEFALO GROVE
By,
VILLAGE OF PALATINE
NAME
ATTEST:
NA}1E
ATTEST:
NAME
ATTEST:
a -.4A1 >**e/-
NAIiIE
ATTEST:
By:
VILLAGE OE WiIEELING
Byt
PACIFIC EMPLOTERS INSURANCE COMPANY
Byt
NAfiE
-20-
ATTEST:CONSOER TOWNSEND & ASSOCIATES, INC.
Byt
J.C. WHITEI'IAN JR.
By,
VILLAGE OE ARLINGTON HEIGHTS
Byt
VILLACE OE BUEEALO GROVE
Byt
VILLAGE OE PALATINE
By:
VILLAGE OF WIIEELING
Byt
PACIFIC EMPLOYERS INSI'RANCE COMPANY
Byt
NAME
ATTEST:
NAME
ATTEST:
NAME
ATTEST:
NAME
ATTEST:
NAME
ATTEST:
AJ..lEJ.I.:
aml
NA}IE
-20-
thj s 29th day of
RICHARD GARRiSONCasualt' Clairns Manager
, a notary public in
nty , in ttre State aforesaid,
N personal ly known to me to be
u
KN0l.l ALL MEN BY THESE PRESENTS that PACIFIC EilPL0YERS INSURANCE
COMPANY, 3700 lli lshire Boul evard, Los Angel es, Cal i forni a, has made 'constituted and appointed, and BY THESE PRESENTS does make,
consti tute and appoi nt D0NALD G.'PETERS0N, ESQ. , 69 I'lest l{ashi ngton
St reet, Chicajo, illinois, t rue and lawful ATT0RNEY for us and in
our name, pl ace and stead to execute a S9!!l ement- Agreement and
Mutual RelLase with N0RTHl.lEST tIATER C0HMISSI0N, GE0RGE S0LLITT
CONSTRUCTION COMPANY, PRC ENGINEERING, INC., PRC CONSOER TOl.lNSEND,
AND CONSOER TOI,INSEND & ASSOCIATES, INC., J,C. t.IHITEMAN, JR., thC
VILLAGE 0F ARLINGT0N HEIGHTS, the VILLAGE 0F BUFFAL0 GR0VE, the
VILLAGE OF PALATINE, the VILLAGE 0F t.lHEELING, the HARTF0RD INSURANCE
COMPANY OF ILLIN0IS, the TRAVELERS INSURANCE C0MPANY, the INSURANCE
COI'{PANY OF NORTH AMERICA, BOOCKFORD & CO., INTERNATIONAL INSURANCE
COMPANY, the NORTHBROOK PROPERTY & CASUALTY INSURANCE COMPANY ' ANd
the HUDS0N INSURANCE C0MPANY, giving and granting unto said ATT0RNEY
fu l1 povier and authority to do and perform al) and every act and
thi ng whatsoever, requisite and necessary to be done in and about
the premi ses, as ful1y, to all i ntents and purposes, as we l1Sht or
coul i do if personal ly present at the doi ng thereof , wi th fulI powe r
of substitution and revocation, hereby ratifying and confi rming all
that said ATT0RNEY' o r his substi tute shal I lawful ly do or cause to
be d one by v i rtue hereof .IN TE SI IMONY l,{HEREOF, we have hereunto set our hand and seal
December , 1988.
fieJU*-"*S'i gned, Seal ed and Del ivered
in Presence of (s EAL )
cTA.rtr
COU NT Y
OF CAL I FORN IA
0F r,os ange l e
SS
Su emi Matsumoto
ding in the sa d ou
)
)t
I,
and res
CERTIFY
person
before
seal edact, f o
, that RICHARD GARRIS0
whose name is subscribed to the foregoing Instrument
me this day in person, and acknowl edged that he
and del ivered the said Instrument as his free andr the uses and purposes therei n set forth.
and f or,
DO HEREBYthe same
appearedsigned,
vol untary
G IVEN
December
under my hand and notari al seal , thi s 29tr, day of
A.D. 1988.
OFFICIAL S:AL
SUYEMI MATSUMOTO
NoGry Arbllc{€l Omi!
LOS ATTGELES q)UNW(@
t, C(frtr. E g.
^Dr.
!6, 160
NOTARY PUBLiC
)
)
)
)
)
)
)
or his substi tute shal I l awful ly do
hereof
oa cause to be done by virtue
KNOI.I ALL MEN BY THESE PRESENTS thAt CONSOER TOl,lNSEND &
ASS0CIATES, INC., 303 East }{acker Dri ve, Chi cago, I1)inois, has
made, consti tuted and appoi nted, and BY THE SE PRESENTS does make,
consiitute and appoi nt D0NALD G.' PETERS0N, ESQ., 69 l,Jest t,Jashington
St reet, Chicqgo, Illinois, true and lawful ATT0RNEY for us and jn
our name, pl ace and stead to execute a Settl ement Agreement and
Mutual Release with N0RTHI,IEST I'IATER C0MMiSSI0N, GE0RGE S0LLITT
C0NSTRUCTI0N C0MPANY, J.C. lr{HITEMAN, JR., the VILLAGE 0F ARLINGT0N
HEIGHTS, the VILLAGE 0F BUFFAL0 GR0VE, the VILLAGE 0F PALATINE, the
VILLAGE OF I{HEELING, thC PACIFIC EMPLOYERS INSURANCE COMPANY, thE
HARTF0RD INSURANCE C0MPANY 0F ILLIN0IS, the TRAVELERS INSURANCE
COMPANY, thE INSURANCE COMPANY OF NORTH AI''IERICA, BOOCKFORD & CO. 'INTERNATIONAL INSURANCE C0MPANY, the N0RTHBR00K PR0PERTY & CASUALTY
INSURANCE C0MPANY, and the HUDS0N INSURANCE C0MPANY, gi vi ng and
granting unto said ATT0RNEY full powe r and authori ty to do and
perform- al I and every act and thing whatsoever, requisite and
necessary to be done in and about the premises' as fu1 1y, to all
i ntent s and purposes, as vie mi ght or could do if personal ly present
at the doing thereof, with full power of substitution and
revocation, hereby ratifying and confirming a1l that said ATT0RNEY
IN TESTIMONY I.IHEREO we have hereunto set our hand and sealq^day of
Si gned,Seal ed
nce of
and De ered
nZ,^/#.7."n-4,(S EAL )
i--=---.:=..i,!,
ROBERT H.
Senior Vice
FISCHER
President
STATE OF
COUNTY OF
ILLINOIS
c00K
, a notary publ i c in and for,
and res i d n9 I the sa'i d County, in the State aforesaid,
CERT I F Y, that R0BERT H. F ISCHER personal ly known to me
DO HEREBYto be the
same person whose name is subscri bed to the forego-ing Instrument
appeaied before me th'i s day j n person, and acknowl edged that he
signed, seal ed and delivered the said Instrument as hjs free and
voiuntiry act, for the uses and purposes therej n set forth.
IVEN under my hand a nd notarj al seal, this Q'*' d ay of
A.D. 19
I,
il,l
otnry P il', !i:li i ,;i:rr,!
ii
f,ly Corrmr :S'CriU;l;esei2ili?
q
NO TAR Y U L c
U
th i s
in Pre
, 198?.
(
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KN0l,l ALL MEN BY THESE PRESENTS that J0SEPH C. UHITEI'lAN, JR.,
6145 Pryor St reet , Eureka, Cal i forni a, has made, constituted and
appoi nted, and BY THESE PRESENTS does make, consti tute and appoint
00NALD G. PETERS0N, ESQ., 69 !lest liashington Street, Chicago,Illinois, trug and l awful ATT0RNEY for me and 'i n my name , pl ace and
stead to execute a Settlement Agreement and Mutual Rel ease wjth
NORTH!lEST I,IATER COMI'IISSION, GEORGE SOLLITT CONSTRUCTION COMPANY, PRC
ENGINEERING, INC., PRC CONSOER TOtiNSEND, AND CONSOER TOI.INSEND &
ASS0CIATES, INC., the VILLAGE 0F ARLINGT0N HEIGHTS, the VILLAGE 0F
BUFFALO GROVE, the VILLAGE OF PALATINE, thE VILLAGE OF t,lHEELING' thE
PACIFIC EMPL0YERS INSURANCE C0l'IPANY, the HARTF0RD INSURANCE COMPANY
0F ILLIN0IS, the TRAVELERS INSURANCE C0MPANY, the INSURANCE C0l.'IPANY
OF NORTH AMERICA, BOOCKFORD & CO., INTERNATIONAL INSURANCE COMPANY,
the N0RTHBR00K PR0PERTY & CASUALTY INSURANCE C0MPANY, and the HUDS0N
INSURANCE C0MPANY, gi vi ng and granti ng unto sai d ATT0RNEY fu1 1 power
and authority to do and perform all and every act and thing
whatsoever, requi si te and necessary to be done i n and about the
premi ses, as ful ly, to all i ntents and purposes, as I mi ght or coulddo if personally-present at the doing thereof, with full power of
substitution and revocation, hereby ratifying and confirming allthat said ATT0RNEY oT his substitute shall I awful ly do or cause to
be done by v i rtue hereof .
IN TESTIM0NY }iHERE0F, I have hereunto set my hand
o o,{r,d ay o f ogc€no€a- , 1988.
Si 9ned, Se a led and Deliveredin P esence of
and seal this
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STATE OF CAL I FORN IA
HUMBOLDT
ec
COUNTY OF
I,lliaoie E0rna^to
and res 'r n9 'l n the said County, in t
/.,, J1tEPH C. WHITEMAN,
, a notary public in and for,
he St ate aforesai d, D0 HEREBY1d
CERTIFY, that J0SEPH C. !{H I TEMAN, JR. personal ly known to me to be
the s ame person whose n ame is subscrj bed lo the forego ing Instrument
appeared before me thi s day in penson, and acknowledged that he
s i gned, s ea led and delivered the said Instrument as his free and
vol untary act , for the uses and purposes therei n set forth.
G IVEN under my hand and notarial seal, this 7-7'.+h day of
f/"A" {C^a--0
OFFICIA,L SEAL
VIRGIE EDMOND
NOTAEY PUELIC . CALIFORNIA
r-os Ar'{GELB CoUt{Tf
Itiy c:ntn. expires MAR 18, l9{ll
Dr,cen beR A.D. 1988.
,NOTARY PUBLIC
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