HomeMy WebLinkAbout972249.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PAYMENT OF DAMAGES AND AUTHORIZE CHAIR
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 an Agreement for Payment of Damages
between the County of Weld, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Blaise Miller, commencing
October 9, 1997, and ending December 1, 1997, with further 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 Payment of Damages between the County of
Weld, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Blaise Miller 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 13th day of October, A.D., 1997, nunc pro tunc October 9, 1997.
BOARD OF COUNTY COMMISSIONERS
WELD, COUNTY, CO,LORA��
George E. Baxter, Chair
ATTEST:
Weld Cou
BY.
ounty Attrney
rd
f
Deputy Clerk oard
AS TO FORM:
0t3; PigJ fl,filer
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Constance L. Har
Dale K. Hall
rt, ro1Tem
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
EXCUSED DATE OF SIGNING
W. H. Webster
(AYE)
(AYE)
972249
EG0036
AGREEMENT FOR PAYMENT OF DAMAGES
THIS AGREEMENT is dated thisday of October, 1997, and is by and between
Blaise Miller, whose address is P.O. Box 13, Kersey, Colorado 80644, hereinafter referred to
"Payor", and 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 915 10th
Street, P.O. Box 758, Greeley, Colorado, 80632, hereinafter referred to "County."
WITNESSETH:
WHEREAS, on March 16, 1997, Payor was involved in a single car accident at Weld
County Bridge 42/41A, wherein Payor's vehicle collided with the west guardrail of said bridge
and damaged the bridge in the amount of $1,138.67, and
WHEREAS, attached hereto collectively as Exhibit "A" is a copy of the invoice for the
work to repair the Bridge 42/41A south guardrail, and
WHEREAS, Payor now desires to repay said damages on according to the schedule set
forth herein.
NOW, THEREFORE, in consideration that mutual promises and covenants contained
herein, the parties hereto agrees follows:
1. ACKNOWLEDGMENT OF DAMAGES: On March 16, 1997, Payor was
involved in a single car accident at Weld County Bridge 42/41A. Payor was cited for driving
under the influence of alchohol. He admits that he damaged the south guardrail of said Bridge
42/41A in the sum of $1,138.67. All of the charges for the repair of said guardrail are set forth in
the attached Exhibit "A." Payor acknowledges and admits that he is fully responsible for
repayment to County of the full $1,138.67 cost to repair.
2. REPAYMENT OF DAMAGES: Payor agrees to pay to the County the sum of
$1,138.67 as follows: $138.67 will be paid October 9, 1997, which sum is deemed "received" as
of this date; $500 will be paid November 1, 1997; and $500 will be paid December 1, 1997. All
payments shall be made to "Weld County, Colorado" and shall be delivered to the Weld County
Public Works Department, 933 N. 11th Avenue, Greeley, CO 80631.
3. ENFORCEMENT: Payor agrees to repay to County the sum of $1,138.67
according to the schedule set forth in paragraph 2., herein, and hereby acknowledges that this
Agreement shall be deemed to be breached by the Payor if any of the two remaining payments is
not paid by Payor and received promptly by County on the dates specified. Such breach by the
Payor shall result in the remaining sum being accelerated to be due on the date of breach. The
Payor acknowledges that any such breach and acceleration shall result in a judgement in the full
sum then being due, including interest of 8% per annum calculated from the date of accident,
March 16, 1997. Additionally, Payor agrees and acknowledges to pay any and all costs
associated with County obtaining a Court ordered judgement for the remaining amount, plus
Page 1 of 2 Pages
972249
interest, upon default by the Payor. Payor further acknowledges that no breach of any term,
provision, or clause of this agreement by him shall be deemed waived or excused by County,
unless such waiver or consent shall be in writing and signed by County.
4. APPLICABLE LAW: The parties hereto agree that the law applicable to this
Agreement shall be law of the State of Colorado.
5. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement, together with all
attachements hereto, constitutes the entire understanding between the parties with respect to the
subject matter hereof, and may not be changed or modified except if done in writing signed by
both parties hereto.
6. WAIVER OF SECURITY DEPOSIT: The County hereby waives the
requirement that the Payor be required to deposit or maintain a deposit of security under the
Financial Responsibility Law.
SIGNED this 9 day of October, 1997.
Blaise Miller
SUBSCRIBED AND SWORN to before me this 9M day of ,Qp�_,c,,t>
1997 .
WITNESS my hand and official seal.
My
My Comm Expires w. 7, 2000
ATTEST:
BY:
Deputy
M9 W PFILES\AGREE\BLAISE.BTB
/O-7— tozsO
Notary Public
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO, by and through the BOARD
OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD
BY:
Georg
Page 2 of 2 Pages
ild
Baxter, Chairman
10/13/97
972249
BRIDGE 41/42A REPAIR
9/26/97
DAY WO# RESOURCEIDESCRIPTION
RATE UNITS USAGE DAYPAY TOTALCHG
3/18/97 13 0000000374
3/18/97 13 0000001132
3/18/97 13 0000001187
3/18/97 13 0000001337
3/18/97 13 0000001347
3/18/97 13 15420041
3/18/97 13 15420042
3/18/97 13 15420046
3/18/97 13 16830006
3/18/97 13 RGRAIL000I
3/18/97 13 RGRAIL0002
3/18/97 13 RGRAIL0003
HOUSEWERT, G. KELLY
LINDERHOLM, THOMAS S
SALAS, EDWARD M
CUNNINGHAM, CHARLES W
ELKINS, ROBERT N
ONE -TON TRUCK 1993 FORD
ONE -TON TRUCK 1993 GMC
ONE -TON TRUCK 1994 GMC
MILLER WELDER
W6X15.5X1'2"GUARD RAIL POST
W8X17X1'31/2"GUARD RAIL POS
W 8 X 17 X 3' 61/2" GUARD RAIL POS
$ 23.24
$ 18.17
$ 18.17
$ 18.17
$ 18.17
$ 11.11
$ 11.11
$ 11.11
$ 7.56
$ 9.26
$ 10.88
$ 25.01
Hrs 10
Hrs 10
firs 3
Hrs 3
Hrs 10
Hrs 2
Hrs 1
Hrs 2
Hrs 7
Ea 8
Ea 7
Ea 7
32.39
81.73
54.52
54.52
81.73
22.22
11.11
22.22
52.92
74.08
76.16
75.07
232.391
181.73`
$54.52`
$54.52`
181.73)
$22.22
$11.111
$22.22)
$52.92)
$74.08
$76.16`
175.07
EXHIBIT "A"
97224°1p
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DR 2090 (02/96).
COLORADO DEPARTMENT OF REVENUE
MOTOR VEHICLE DMSION
DRIVER CONTROL
DENVER CO 80261-0016
(303) 205-5613
WAIVER OF SECURITY
FINANCIAL RESPONSIBILITY
FRA Case Number
c7—/y606J
• If claimant is a corporation, waiver must be signed by an officer or authorized agent. Show title
of person signing.
• Waivers from insurance companies must show that the claim has been subrogated. This must be
signed by a representative of the insurance company or the claimant and insurance representative.
• A waiver must be signed by each person injured or by each person who received property damage.
Claimants Name
1 /-
Date of Acciidde
Debtors Name _
P y
c -k y -� /G1 I L r-�
Address
p,
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An agreement has been made for the settlement and payment of damages claimed as a result of the motor
vehicle accident shown above.
As part of the agreement, claimant has waived the requirement that debtor be required to deposit or
maintain a deposit of security under the Financial Responsibility Law.
I understand that by signing this waiver, I have not given up any of my rights to collect the amount due
on this claim.
Claimants Signature
Date q /j
)7 1 i
Title/z /
c,�icr( j__�„,tv��L-+{-,arT,,.c
SUBSCRIBED ANNDAFFIRMED, OR SWORN TO, EFORE ME
Date
County
STATE OF
Notary Signature
Commission Expiration Date
9'72249
MARIANA N MILLER 01-72
BOX 13 353-2622
KERSEY, CO 80644
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