HomeMy WebLinkAbout910069.tiff RESOLUTION
RE: APPROVE RELEASE OF PROPERTY DAMAGE CLAIMS TO LEONARD K. AND RUTH LARKIN, AND
AMERICAN FAMILY INSURANCE COMPANY 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 check in the amount of
TWO THOUSAND, FIVE HUNDRED TWENTY DOLLARS AND NO CENTS ($2,520.00) and Release of
Property Damage Claims from Leonard K. and Ruth Larkin and American Family Insurance
Company, concerning the damage to a 1986 Ford Ambulance, Model 350 XL, vehicle
identification number 1FDKE30L7FHC32333, and its contents, as described in Civil
Action No. 90CV811 in the District Court of Weld County, and
WHEREAS, after study and review, the Board deems it advisable to approve the
Release of Property Damage Claims, 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 settlement check from American Family Insurance Group, in the
amount of TWO THOUSAND, FIVE HUNDRED TWENTY DOLLARS AND NO CENTS ($2,520.00) is
hereby accepted as full settlement in the damage of a 1986 Ford Ambulance as
hereinabove described.
BE IT FURTHER RESOLVED by the Board that the Chairman is hereby authorized to
sign said Release of Property Damage Claims.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of January, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, OLORADO
Weld County Clerk to the Board (/
Gord aNy,, airman
By: ( (t4 Af-g .(.6e;;i EXCUSED
Deputy Clerk to the Board \._.5 Geo e Kennedy, Pro-Tem
APPROVED TO FORM:
Constance L. Harbert
unty Attorney C. W�ir��
�� 1-��4
W. H. Webs er
910069
/),,
RELEASE OF PROPERTY DAMAGE CLAIMS
FOR THE SOLE CONSIDERATION OF Two Thousand Five Hundred and
Twenty Dollars ($2 , 520. 00) , the receipt and sufficiency whereof is
hereby acknowledged, the undersigned, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, STATE OF COLORADO, through its authorized
representative, releases and forever discharges LEONARD K. LARKIN
and RUTH LARKIN, AMERICAN FAMILY INSURANCE COMPANY, and their
respective heirs, executors, employees, administrators, attorneys,
agents and assigns, and all other persons, firms or corporations
liable, or who might claim to be liable, none of whom admit any
liability to the undersigned, but expressly deny any liability,
from any and all claims, demands, damages, actions, causes of
action or suits of any kind or nature whatsoever, and particularly
on account of all property damages, known or unknown, to a 1986
Ford Ambulance Model 350 XL, vehicle identification number
1FDKE30L7FHC32333 , and its contents, exclusive of driver and
passengers, which property is owned, leased or assigned to the
undersigned, which has resulted or may in the future develop from
an incident which occurred on or about October 5, 1988, at the
intersection of 35th Avenue and 20th Street in the City of Greeley,
County of Weld, State of Colorado. Several of those claims have
been generally described in Civil Action No. 90CV811 in the
District Court for the County of Weld, State of Colorado and
involved the undersigned' s claims for property damages resulting to
its ambulance at the above-described place and date.
The undersigned' s signature on this Release constitutes its
collective, and individual agreement to accept the above-described
consideration in exchange for a complete dismissal of all claims
set forth in Civil Action No. 90CV811 in the Weld County District
Court. Regardless of the actual property damages incurred, the
undersigned further acknowledges and agrees that all claims, that
are actually presented or contemplated in the future, shall be
dismissed with prejudice.
The undersigned, through its authorized representative,
acknowledges that there may be unknown property damages, or unknown
aspects regarding the nature and extent of discovered damages, of
which the undersigned is not aware related to the above-described
accident. The undersigned has specifically taken into account that
there may be unknown damages, or unknown aspects related to the
nature and extent of known damages, in reaching this particular
compromise settlement and acknowledges that part of the
consideration mentioned above is being given to the undersigned for
any and all property damages, known and unknown, relating to the
above-described accident. It is the undersigned' s express intent
rslarkin.rmm 1
910069
to release Releasees from any claims which may arise from the
above-described accident and resulting property damage, whether
those claims or damages are known or unknown. The undersigned,
through its authorized representatives, have reviewed the physical
condition of the vehicle in question, has conferred with all
necessary persons regarding the nature and extent of those damages,
and anticipates that there may be further repair necessary as a
result of the above-described accident. Regardless of the outcome
of that additional inquiry, the undersigned is specifically
releasing Releasees from any liability for property damages which
resulted or may in the future result from this October 5, 1988,
accident.
The undersigned, through its duly authorized representative,
hereby declares that the terms of this settlement have been
completely read, are fully understood, and are voluntarily accepted
for the purpose of making a full and final compromise adjustment
and settlement of any and all claims, disputed or otherwise, on
account of the property damages mentioned above, and for the
express purpose of precluding forever any further or additional
property damage claims arising out of the accident described
herein. The undersigned hereby accepts a check in the amount of
Two Thousand Five Hundred and Twenty Dollars ($2 , 520 . 00) as final
payment of the consideration set forth above. The undersigned also
agrees to execute the necessary Stipulation so that civil Action
No. 90CV811 may be dismissed, with prejudice.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal this 23 (Le day of / / , 19 Q/
BOARD OF COUNTY COMMISSIONERS
ATTEST: LIIPilivialn
WELD COUNTY, COLORADO
Weld County Clerk to the Board
/ By:
By:{/ld/ / !/ � r.: or cy, Chairman
Deputy Clerk to the Beat
WITNESSED AND REVIEWED BY:
OFFICE OF THE COUNTY ATTORNEY
BY
Jan Allison
Asst. Weld County Attorney
915 Tenth Street
P. O. Box 1948
Greeley, CO 80632
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