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A Resolution Authorizing the Village to Execute a Release of All Claims (Clarke Overspray Claim)
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WHEREAS, on or about September 16, 2022, Clarke Aquatic Services, Inc. was aerially applying herbicide in the Village near Meadowdale Estates, Greenhaven, Boucher Prairie Park, the Airport road wellhouse, and certain wetland property owned by the Village; and
WHEREAS, the Village alleges that it experienced damage to various forms of vegetation not intended to be targeted by the herbicide being applied, and has made demand on Clarke Aquatic Services, Inc. in relation thereto; and
WHEREAS, the Village and Clarke Aquatic Services, Inc. have negotiated a disposition of the Village's claims related to the above-described matters, with liability being expressly denied therein by Clarke Aquatic Services, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS:
SECTION ONE. The foregoing Recitals are hereby incorporated into this resolution as if fully set forth in this Section 1.
SECTION TWO. That the Village President and Village Clerk and all other proper officers of the Village are hereby authorized and directed to execute the release of all claims as hereinabove described in substantially the form attached hereto and incorporated herein as Exhibit A.
SECTION THREE. That the various provisions of this Resolution are to be considered severable and if any part or portion of this Resolution shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution.
SECTION FOUR. All prior Resolutions and Resolutions, or parts thereof in conflict or inconsistent with this Resolution are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION FIVE. This Resolution shall be in full force and effect from and after its passage, approval and publication in pamph...
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