HomeMy WebLinkAbout891021.tiff RESOLUTION
RE: APPROVE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS WITH THORO
SYSTEM PRODUCTS AND AUTHORIZE CHAIRMAN TO SIGN
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 a Settlement
Agreement and Release of Claims with Thoro System Products,
concerning the Thorotop HCR which was applied at Weld County
Centennial Center Plaza by AIC Industries, Inc. , and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Settlement
Agreement and Release of Claims with Thoro System Products be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 18th day of
September, A.D. , 1989 . - " .
acit/0 f BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County lerk and Recorder
and Clerk to the Board C.W. ir5y, C airman
EXCUSED
o-2J".->/L-27". e., � •�) Jac eline Johnson, Pro-Tem
eputy County Cl rk
e
APPROVED TO FORM: Gen . Cran ner 4^-
George Ke
County Atto ney G6
. lar--------
11.E �� v
891021
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
("Agreement") , entered into as of the 15th day of September,
1989, is between Weld County, Colorado ("Weld County") , and Thoro
System Products ("Thoro") .
RECITALS
WHEREAS, Thorotop HCR was applied at Weld County Centennial
Center Plaza ( "Centennial Plaza") by AIC Industries, Inc. ("AIC") ,
and
WHEREAS, Thoro issued a written limited warranty to AIC on
its product applied at Centennial Plaza on November 3 , 1986 , and
WHEREAS, Weld County is dissatisfied with Thorotop HCR, as
applied, and
WHEREAS, Weld County and Thoro have fully compromised and
settled their claims between each other, and wish to release one
another from any and all claims and demands whatsoever arising
from or in connection with the application and use of Thorotop HCR
at Centennial Plaza and from any further liability and/or claims
existing or that may exist between them as of the date of this
Agreement, and
WHEREAS, each party denies any liability for any demands or
claims made against them.
NOW, THEREFORE, in consideration of the premises recited
above , which are incorporated herein by this reference , the same
as if they are set forth below, and of the mutual covenants and
obligations of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged , the parties hereto agree with each other as follows :
1 . Thoro ' s Payment to Weld County. Thoro shall provide
Weld County with a check in the sum of Forty-Five Thousand Dollars
891021
Page 1 of 3 Pages
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($45 ,000 . 00) payable to Weld County no later than September 15 ,
1989 .
2. Release of Thoro. Weld County does hereby, for itself,
its Board of County Commissioners, its agents, servants,
employees, affiliates , related entities, successors and assigns ,
officers , directors and employees and their heirs , executors and
assigns , release and forever discharge Thoro from any and all
claims, demands and causes of action of any nature whatsoever
which Weld County has as of the date hereof against Thoro whether
known or unknown; including, but not limited to any claims arising
out of application and use of Thoro' s product at Centennial Plaza
and Thoro' s written limited warranty to AIC regarding Centennial
Plaza.
3 . Release of AIC. As further consideration for Thoro' s
payment to Weld County, Weld County does hereby, for itself, its
Board of County Commissioners, its agents, servants, employees,
affiliates, related entities, successors and assigns , officers ,
directors and employees and their heirs, executors and assigns,
release and forever discharge Thoro from any and all claims,
demands and causes of action of any nature whatsoever which Weld
County has as of the date hereof against AIC whether known or
unknown; including, but not limited to any claims arising out of
application and use of Thoro ' s product at Centennial Plaza and
Thoro ' s written limited warranty to AIC regarding Centennial
Plaza.
4 . Denial of Liability. Weld County and Thoro do not, by
entering into this Agreement, admit any violation of any law,
rule, regulation or statute or the provision of any contract or
agreement and each expressly denies any wrongdoing. Nothing
contained in this Agreement constitutes or can be construed as an
admission against interest of either Weld County or Thoro. It is
further agreed that if for any reason this Agreement is not
executed or otherwise consummated, this Agreement shall not
constitute evidence in any proceedings or be used in discovery in
any way which can be interpreted to constitute an admission
against interest of the parties . This Agreement, and any conduct
or statements made by a party in negotiating the terms of this
Agreement, are hereby made subject to the provision of Colorado
Rule of Evidence 408 .
5 . Voluntary Contract. The consideration stated herein is
contractual and not a mere recital. The parties hereto execute
891021
Page 2 of 3 Pages
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and deliver this Agreement after being fully informed of its
terms, contents and effects, and having had the benefit of advise
from their counsel.
DATED this 15th day of September, 1989 .
n.
ATTEST: WELD COUNTY, COLORADO
Weld Count CC ie�nd Recorder
Y
and Clerk to the oard' By: e, ��vt�[.t/
�p/yam C. W. Kirby, Chairman for
By: / �t:-pry ' at l' the Board of County Commis-
Deputy County ClTrik sioners of Weld County
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on
\jt, l_lra_ {J /a , 1989 , by C. W. Kirby, Chairman for the Board
of County Commissioners of Weld County.
,WITNESS my hand and official seal.
(S E A L) ,Notary Public� for the State of
Colorado CatAaf_
My commission expires: L2cQt. LAC elYea/
Cf-/- S3
THORO SYSTEM PRODUCTS
•
Gerald J. Knudsen,
Vice President
STATE OF FLORIDA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on
, 1989 , by
of Thoro System Products , a
corporation.
WITNESS my hand and official seal.
(S E A L)
Notary Public for the State of
Florida
My commission expires:
891021
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