HomeMy WebLinkAbout20131541.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR GENERAL RELEASE OF ALL CLAIMS AND
AUTHORIZE CHAIR TO SIGN - GERRARD EXCAVATING, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for General Release of All
Claims between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Gerrard Excavating, Inc., with terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for General Release of All Claims between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Gerrard Excavating, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2013.
BOARD OF S COUNTY COMMISSIONERS
WELD CO41NT /-COLORADO
Weld County Clerk to the Board
BY
Deputy
erk to t
APPROVED AS TO
unty Attorney /
Date of signature: JUL o 2 2013
WilliamGarcia Chair
Douglrhi
as Radema
Sean P. Conway
Mike Freeman
EXCUSED
Barbara Kirkmeyer
her, Pro-Tem
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Steve Moreno, Clerk and Recorder, Weld County, CO /ilE.�
VIII 111� t14A' �1I�R 11111 C.L 1--i/- owe
2013-1541
BC0044
AGREEMENT FOR GENERAL RELEASE OF ALL CLAIMS
THIS GREEMENT FOR GENERAL RELEASE OF ALL CLAIMS is entered into this
‘-1 day of , 2013, by Gerrard Excavating, Inc., whose address is 27486 County Road
13, Loveland, CO 80534, and by the County of Weld, a political subdivision of the State of
Colorado, by and through the Board of County Commissioners of the County of Weld, whose
address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632.
Gerrard Excavating, Inc., in consideration of the payment of the amounts set forth below,
and with the intent of binding itself, its successors, assigns, and legal representatives (referred to
herein collectively as "Gerrard"), hereby executes this General Release of All Claims
(hereinafter referred to as "General Release") in favor of the County of Weld, a political
subdivision of the State of Colorado, for itself, the Board of County Commissioners of the
County of Weld, its officers and employees (referred to herein collectively as "Weld County").
Recitals
In September, 2007, Gerrard agreed in an Off -Site Road Improvements Agreement
(hereinafter referred to as "the Agreement") to make certain improvements to Weld County Road
("WCR") 13 in connection to improvements made by Gerrard to property located in the SW 1/4
of Section 18, Township 5 North, Range 67 West of the 6th P.M. Weld, Colorado (hereinafter
referred to as "the Property"). At the time the Agreement was entered into, the parties estimated
the cost of the improvements to WCR 13 to be approximately $197,798.33. The actual cost of
the improvements to WCR 13 was $262,811, making the difference between the estimated and
actual cost $65,012.67.
Consideration
In consideration for this General Release, Weld County agrees to pay to Gerrard the
difference between the total cost of $262,811 and the contracted amount of $197,798.33
($65,012.67). Gerrard hereby acknowledges receipt of full payment of said amount.
Additionally, Gerrard shall be eligible for road impact fee credits in the sum of $98,899.17 (of
which $6,065.28 has already been utilized by Gerrard) for road impact fees incurred by Gerrard.
General Release
Gerrard voluntarily and knowingly releases and forever discharges Weld County from
any and all claims, demands, actions at law or in equity that Gerrard has ever had or now has or
which it may have in the future, or that anyone claiming through or under it has had or now has
or may in the future have, against Weld County in any manner arising out of the Agreement and
Gerrard's construction of the improvements to WCR 13. By way of example, but not by way of
limitation, Gerrard specifically releases and discharges Weld County, now and forever, from any
and all claims for torts, claims for unjust enrichment, claims for breach of contract, claims for
breach of the covenants of good faith and fair dealing, claims pursuant to 42 U.S.C. Section
1983, or the like concerning this Agreement
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Steve Moreno, Clerk and Recorder, Weld County, CO
VIII INFAYIPl1ti'Ifh'higkLTIVA RTMLIti11,Y141I III B C o wet Li
Gerrard understands that it may have suffered damages that are unknown to it at the
present time. Gerrard further acknowledges that it is possible that any damages of which it is
presently unaware and in any manner arising out of the Agreement and its construction of the
improvements to WCR 13 may become known in the future. With such knowledge, Gerrard
elects to, and hereby does, assume all risks for such claims heretofore or hereafter arising, known
or unknown, including those claims listed in the paragraph immediately above.
Gerrard understands that this General Release is a compromise of doubtful and disputed
past, current, and/or future claims in any manner arising out of the Agreement and its
construction of the improvements to WCR 13. The provision of the consideration described
above by Weld County is not intended by it and therefore should not be construed to be an
admission of liability on the part of Weld County or anyone else. Weld County previously
denied and continues to deny liability for any claims and/or damages arising out of; or to arise
out of, the Agreement and Gerrard's construction of the improvements to WCR 13. Weld
County intends, by way of this Release, to bring an end to any and all litigation, or possible
litigation in the future, with respect to the claims or potential claims described herein.
Gerrard understands that this is a full, complete, and final release of Weld County, and
that the consideration described above is all Gerrard will ever receive concerning any and all
past, current, and/or future claims in any manner arising out of the Agreement and its
construction of the improvements to WCR 13.
ON BEHALF OF GERRARD, I HAVE READ THIS RELEASE AND I REALIZE
THAT ITS CONTENTS HAVE IMPORTANT LEGAL CONSEQUENCES. I HAVE BEEN
ENCOURAGED TO CONSULT WITH AN ATTORNEY OF MY CHOICE TO DISCUSS
THE PROVISIONS OF THIS RELEASE. I UNDERSTAND ALL OF THE CON TENTS
HEREOF. I FURTHER UNDERSTAND THAT ON BEHALF OF GERRARD I AM
RELEASING ANY AND ALL CLAIMS THAT GERRARD HAS OR MAY HAVE AGAINST
WELD COUNTY ARISING OUT OF OR IN ANY WAY RELA fED TO THE AGREEMENT
AND GERRARD'S CONSTRUCTION OF THE IMPROVEMENTS TO WCR 13.
Signed this /9day , 2013
ATTEST:
By: 47
, Corporate Secretary a , President
GERRARD EXCAVATING, C.
By:
Al LEST:
Weld County Clerk to the B . rd
By:
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Steve Moreno, Clerk and Recorder, Weld County, CO
■���lintPIYiwA'I .G*L'IV"4Di VirrilL'i,iii lig ■I III
COUNTY OF WELD, a political
subdivision of State of Colorado
Willi n F. Garcia, Chairman
oard of County Commissioners of the
ounty of Weld JUN 1 92013
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