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HomeMy WebLinkAbout930512.tiff RESOLUTION RE: APPROVE RELEASE OF ALL CLAIMS AGAINST COAL RIDGE DITCH COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE 22/21A 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 of All Claims against Coal Ridge Ditch Company for Bridge 22/21A from Frontier Adjusters, with the terms and conditions being as stated in said release, and WHEREAS, after review, the Board deems it advisable to approve 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 of All Claims against Coal Ridge Ditch Company for Bridge 22/21A from Frontier Adjusters be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said release. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO LiallAILL Weld County Clerk to the Board �lax�i� a ,Ctz Constance L. Harbert, Chairman BY: G(� -lam// /[�J zz�-4 � / /1� , t�/l Deputy Clerk to the Bo W. H. febster, Pro Tem I APPROVED AS TO FORM: orge Fe. Baxter County Attorney Dale K. Hall s ue, tidal/Ai Barbara J. Kirk 930512 A RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: • t the Undersigned, Jawf .ag-e_ or e so e ��� Z��� Y deretion of . the undersigned in hand paid, receipt whereof is hereby acknowledge --do/does hereby and for Dollars (t// eCt_i ) ( administrators, su4cessors an asv ns relea.e, cqui and forever discharge_-____ AA L my/our/its heirs, executors, Jti� i and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, • associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of sof ervice, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account d d unforeseen boerfyrdamage wandy growing oufof any and all known foreseen consequences 4. ereof resulting of-to result from ethe nacdident, casualtylyorneveprsonalnt/whichnloc occurred onoor about the f ay of � 9C , � at or near /...a. / ,• It is'understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. nd and that re •cove y therefromyisduncertainaand indefinte(s'nd that n making it the Release sustained itare is may be understood and agreed, that the under- i • c permanent and progressive i . signed rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect and duration of said , injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declares) and represent(s) that there may be unknown or unanticipated injuries resulting from the above injurstated accident, casualty or event and in making this Release it is understood and agreed that this Release is intended to include such ies. • The undersigned further declares) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. This Release expressly reserves ail rights of the person, or persons, on whose behaif the payment is made and the rights of all persons in privity or connected with them, and reserves to them their right to pursue their legal remedies, if any, including but not limited to claims for contribution, property damage and personal injury against the undersigned or those in privity cr connected with the undersigned. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS T. Signed, sealed and delivered this /4/-11;91day of i i/ A-h 9 i�.q / a�/ / f '/ / ;J 7- 2 EST: G �+/ CAUTION: READ BEFORE SIGNING BELOW + WE COIINTY ���Z� /%�- y �J� mess CLE TO BOARD ��� � � � , BY: 1/ ,_, CONSTANCE L. HARBERT, CHAIRMAN 06/16/93 ¢ DEPUTY CLERK'. 'VELD COUNTY BOARD OF _r } WitnessCO. .ISSIONERS _LS 915 10TH STREEI/P.0. SOK ,3g GREELEY. COLORR_DO 8065? tnes LS Wi STATE OF COLORADO f COUNTY OF WELD 1 SS. On the 14TH gay of JUNE 19 93 , before me personally appeared CONSTANCE L, HARBERT, CHAIRMAN OF THE WELD COUNTY BOARD OF COMMISSIONERS to me known to be the persons) named herein and who executed the foregoing Release and acknowledged to me -hat _voluntarily executed the same. C • Ay term expires v //,. Ty,,V"I 1 q Y ex Tres (9 9�. Q(��� /� / I I C C C t. "°1;;;; il •,,,,,a Form No. L-3857-A Notary Public 9 30541'2 . 4i OFFICE OF COUNTY ATTORNEY \ PHONE(303)356-4000 EXT. 4391 77" TT P.O. BOX 1948 GREELEY, COLORADO 80632 wiik COLORADO June 7, 1993 Edward Blewett Frontier Adjusters P.O. Box 161 Arvada, CO 80004 RE : Claim for Weld County Bridge 22/21A Dear Mr. Blewett: This letter is to acknowledge our agreement to settle the claim against the Coal Ridge Ditch Company for damage to Weld County Bridge 22/21A for the damage which occurred on or about April 20, 1993 . The release will have to be executed by the Board of County Commissioners and I agree that the check in the amount of $10, 000 tendered to me will not be deposited until the release has been executed by the Board. Yours truly, ee D. Morrison Assistant Weld County Attorney LDM/db Phone(303)979-6859 Fax(303)766-9525 247 AD.IUSTERS INSURANCE ADJUSTERS EDWARD BLEWETT P.O. 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