HomeMy WebLinkAbout920270.tiff RESOLUTION
RE: APPROVE RELEASE AND SETTLEMENT AGREEMENT 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 Release and Settlement
Agreement between Beatrice Guiterrez and the County of Weld, a political
subdivision of the State of Colorado, by and through the Board of County
Commissioners of Weld County on behalf of the Weld County Sheriff's Department,
Weld County Sheriff, Ed Jordan, and Sergeant Tom Johnston, and
WHEREAS, after review, the Board deems it advisable to approve said
release, for the considerations as stated in said release, 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 Release and Settlement Agreement between Beatrice
Guiterrez and the County of Weld, a political subdivision of the State of
Colorado, by and through the Board of County Commissioners of Weld County on
behalf of the Weld County Sheriff's Department, Weld County Sheriff, Ed Jordan,
and Sergeant Tom Johnston 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 March, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Ge Kennedy, Chairman
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Geor
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Deputy Clerk to the Board,---_1\ Constan�rbert, Pro-Tem
APPROVED AS FORM:
C. W. Ki y �
County Attorney Go a y
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W. . Webster
920270
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RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT is entered into this
/3 day of /1,4)P, CF/ , 1992 , by and between
BEATRICE GUITERREZ, an individual (hereafter "Releasor" ) , and THE
COUNTY OF WELD, a political subdivision of the State of Colorado,
by and through the Board of County Commissioners of Weld County on
behalf of the Weld County Sheriff ' s Department; Weld County
Sheriff, Ed Jordan, and Sergeant Tom Johnston (hereafter
collectively referred to as "Releasees" ) .
I . RELEASE
Releasor, for the consideration set forth below, receipt
whereof is hereby acknowledged, does hereby, for herself, her
agents, servants, successors, heirs, executors, administrators, and
assigns, release, acquit, and forever discharge Releasees and their
employees, agents, servants, successors, heirs, executors, and
administrators from any and all claims, actions, causes of action,
demands, rights, damages, costs, losses of service, expenses, and
compensation whatsoever which Releasor now has against Releasees
including but not limited to any and all claims, actions, causes of
action, demands, rights, damages, costs, losses of service,
expenses, and compensation whatsoever arising out of or in anyway
related to the events and actions which occurred on February 17,
1992 , at 1405 N. 25th Avenue Court, during the apprehension of
Danny Brooks Gutierrez .
Releasor understands that this Release is a compromise of
doubtful and disputed claims . The provision of the consideration
described below is not to be construed as an admission of liability
on the part of Releasees or anyone else. Releasees previously
denied, and continue to deny, any liability for any claim or damage
arising out of the events and actions recited in this Section.
Releasor intends, by this Release, to avoid any litigation with
respect to the claims or potential claims describe therein.
II . CONSIDERATION
The consideration for this Release and Settlement Agreement
is :
A. Releasor waives any claim for damages and releases
releasor as set forth in Section I . , RELEASE .
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920270
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B. Releasees shall provide to Releasor and Releasor shall
accept a check in the amount of $200 . 00 as final payment of this
consideration and in full settlement of the claims referenced above
in Section I . RELEASE.
III . ACKNOWLEDGEMENT
Releasor and Releasees understand that this is a full,
complete, and final release of Releasees and that the consideration
described above is all that Releasor will ever receive as a result
of the incident referred to herein.
BEATRICE GUITERREZ FULLY ACKNOWLEDGES THE CONTENTS OF THIS
RELEASE. SHE HEREBY STATES THAT SHE IS SIGNING THIS RELEASE FREELY
AND VOLUNTARILY, AND THAT SHE IS SUBJECT TO NO UNDUE INFLUENCE IN
AGREEING TO THESE TERMS . SHE FURTHER STATES THAT SHE UNDERSTANDS
THAT SHE COULD HAVE HAD THIS AGREEMENT REVIEWED BY AN ATTORNEY
RETAINED BY HER AND HAS CHOSEN NOT TO DO SO.
DATED this /3- day of Th(tf c < , 1992 .
Beatrice u ierrez
SUBSCRIBED AND SWORN to before me this / 3 day of
/1 G4 , , 1992 , by Beatrice Gutierrez .
WITNESS my hand and official seal .
Nota y Publ ' )
My corwnission expires :
csoon Expigei
April 20i 1992
BOARD OF COUNTY COMMISSIONERS
leeway/ OF WELD COUNTY, COLORADO
ATTEST: / �/Weld County Clerkto,the Board By `/ rti;„�����7'��lG
Constance L. Harbert,'/ Chairman Pro-tem
7-1
/// 03/18/92
Deputy Cler to the Bo
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