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Home My WebLink About980320.tiff RESOLUTION RE: RATIFY STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF CLAIMS - THE VILLA AT GREELEY, INC 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 Stipulated Motion for Dismissal with Prejudice of Claims among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Loren Bley, dba Bley Associates, Architects, and The Villa at Greeley, Inc., with terms and conditions being as stated in said stipulation, and WHEREAS, after review, the Board deems it advisable to ratify said stipulation, 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 Stipulated Motion for Dismissal with Prejudice of Claims among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Loren Bley, dba Bley Associates, Architects, and The Villa at Greeley, Inc., and be, and hereby is, ratified. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �( ^� Constance L. Harbe Chair � Weld Coun d 'lti2QA l:• II �\ W. H. bster, Pro-Tem BY: Deputy Cle a�a„` rr*rd 7Geo E. Baxter APP D AS ORM: , QuG��',�V U Dale(. Hall y t rney arbara J. Kirkmeyer r/ 980320 PL0100 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 95-CV-61 Division I STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF CLAIMS of LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects, AGAINST the BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO; and THE VILLA AT GREELEY, INC., THE VILLA AT GREELEY, INC., Plaintiff, (*/ v. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO, Defendant, MARVIN HOPPER, Intervenor, LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects, Intervenor. COMES NOW the Intervenor LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects through counsel, Thomas Hellerich, Plaintiffs' THE VILLA AT GREELEY, INC., through counsel, Kim Houtchens, and Defendants Board of County Commissioners, Weld County, Colorado (hereinafter"County") by and through the assistant of Bruce T. Barker, Weld County Attorney below named and submit the following Stipulation to Enter Judgement against the County, Enter Satisfaction of Judgment and to Dismiss this Action with Prejudice. 1. The Court has previously determined all claims in this matter except those Claims which formed the basis of Bley's Motion to Intervene which were reserved by the Court pursuant to an Order of April 30, 1997. Subsequently, Bley filed the AMENDED COMPLAINT OF INTERVENOR, LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects and County and Villa have answered. 1 980320 Pc.-vivo 2. Bley, the County and the Villa have reached a compromise and settlement of all claims asserted or that could have been asserted herein by Bley directly against the County or the Villa and indirectly against the County by means of claims for which the Villa may be entitled to reimbursement against the County. 3. The County agrees to entry of Judgment in the amount of$95,000 in full and final settlement of all claims of Bley against the County or the Villa. Tendered herewith the Stipulation is a County draft in the amount of$95,000 which Bley acknowledges as providing full accord and satisfaction of all claims pursuant to the attached Release. Furthermore, the parties consent to the entry of a full satisfaction of judgment. 4. Each party is to pay its own costs, expenses, and attorney's fees. 5. Weld County currently holds funds in a restricted account pursuant to this Court's Order of June 4, 1996 to satisfy judgments arising in this action against the County. WHEREFORE, the parties move the Court to adopt this Stipulation as an Order of the Court, to Enter Judgment against the County in the amount of$ 95,000, enter a satisfaction of the entire judgment, vacate the orders of April 30, 1997 and June 4, 1996 and enter an Order dismissing the within civil action with prejudice. BRUCE T. BARKER ATTORNEY FOR BLEY WELD COUNTY ATTORNEY - / ' 4 Lee D. Morrison, Esq. #8067 Thomas E. Hellerich, Esq. #2 59 Assistant County Attorney 1812 56th Ave Weld County Greeley, CO 80634 County Attorney's Office (970) 330-6700 915 10th Street Greeley, CO 80631 (970) 356-4000, extension 4391 ATTORNEY FOR THE VILLA /IOU l7 = zLi* Kim R. Houtchens, Esq. #6379 1007 9th Avenue Greeley, CO 80631 (970) 353-9195 2 PLol00 VILLA AT GREELEY. INC.("VILLA").BOARD OF COUNTY COMMISSIONERS WELD COUNTY . COLORADO ("COUNTY"). FULL AND FINAL RELEASE THIS FULL AND FINAL RELEASE is made this /3 day of Fe4 Ro Ray , 19w, by, LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects ("Bley") for the benefit of THE VILLA AT GREELEY, INC. ("VILLA"), BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ("COUNTY") collectively ("Releasees"). WHEREAS, Bley and Releasees desire to settle certain claims as in the District Court for the County of Weld, Civil Action No. 95-CV-61 and to enter into various agreements relating to this civil action and the matters giving rise thereto in accordance with the provisions and upon the terms and conditions that are set forth below. NOW THEREFORE, in consideration of the terms as set forth below and other good and valuable consideration, Bley states and agrees as follows: A. Bley agree that this Full and Final Release is a compromise of disputed claims and that Bley is entering into this agreement understanding that the Villa and County do not admit or concede any wrongdoing or liability in connection with any claim which was or could have been asserted in this action. B. Bley hereby releases, acquits and forever discharges the County and the Villa, and the County and the Villa's officers, directors, shareholders, attorneys, agents, servants, representatives, officials whether elected or appointed, insurers, employees, subsidiaries, parent corporations, affiliates, partners, predecessors, successors-in-interest, assigns and all other persons, firms and corporations with whom any such parties have been, are now, or may hereafter be affiliated of and from any and all liabilities, claims, demands, rights, controversies, agreements, damages, actions, causes of action, expenses, fees, interest, compensation, judgment, and any and all consequential and punitive damages of whatever kind or nature either in law or in equity which Bley now has or claims to have against Releasees and such other persons and entities. The liabilities, claims, demands, rights, controversies, agreements, damages, actions, causes of action, expenses, fees, interest, compensation,judgment, and any and all consequential and punitive damages of whatever kind or nature either in law or in equity being released include, but are not limited to those relating to or arising from the facts and circumstances described in the AMENDED COMPLAINT OF INTERVENOR, LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects, filed in Civil Action No. 95-CV-61. This Full and Final Release is intended to and does release, acquit and forever discharge any and all subrogated interests, liens or other derivative claims which might exist with regard to Civil Action No. 95-CV-61. 3 g°SL) 7L0l0O C. Bley specifically, without intending to limit the foregoing, releases unto the Villa, and to their heirs, successors and assigns of the Villa, all rights Bley may have to claim a mechanic's lien for labor, services, machinery, tools, equipment, or materials heretofore furnished for the construction, alteration, improvement, addition to or repair of the structures or improvements on the property described as Part of the SW '/4, Section 2, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, more particularly known as Lot "A" of amended recorded exemption No. 1313-2-3-RE730 according to the map recorded April 8, 1987 in Book 1152, Reception No. 2095052 which would have been the site for the pre-parole detention facility which is the subject of this action. D. Bley agrees that this Full and Final Release shall be binding on Bley's agents, attorneys, servants, employees, employers, principals, heirs, executors, administrators, insurers, successors, assigns, subrogees, subcontractors and any and all other individuals or entities which have or may have any claim on behalf of themselves or be entitled to share in any settlement thereof. Bley represents and warrants that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, or causes of action referred to in this Full and Final Release. Bley specifically agrees that he shall be solely responsible to any individual or entity other than Bley which may be entitled to share in any settlement or which may claim a right of subrogation against any of the named releasees and agrees to indemnify and hold harmless County and Villa against any and all such claims. Bley warrants and represents that, upon payment of the settlement, the claims of any and all individuals or entities to a share of the proceeds of the settlement have been fully satisfied. Bley, without limiting the foregoing, specifically warrants and represents that those individuals and entities conducting any of the work on the Villa project for or on behalf of Bley, have been paid. E. Contemporaneously with the execution of this Full and Final Release and as part consideration thereof, Bleys agrees to execute and cause to be filed with the Court, a STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE OF CLAIMS of LOREN BLEY, d/b/a BLEY ASSOCIATES, Architects, AGAINST the BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO; and THE VILLA AT GREELEY, INC. As a term of the stipulation for dismissal with prejudice and of this Full and Final Release, each party is to pay its own costs and attorneys fees. F. Bley acknowledges that as partial consideration for this release the sum of $95,000 has been paid to Bley. Bley acknowledges that a portion of the consideration given for this Full and Final Release is being given for the Full and Final Release of any and all unknown losses, claims, injuries, costs, expenses, and damages, which either may have occurred in the past and are not yet known or 4 qua a0 PLolDD which may occur in the future and are not presently known. Bley agrees to voluntarily and knowingly assume the risk of any mistake of fact, either mutual or unilateral with respect said losses, claims, injuries, costs, expenses, and damages, and shall not, under any circumstances, seek to present further claims on behalf of themselves, their attorneys, agents, servants, employees, employers, heirs, executors, administrators, insurers, successors, assigns, subrogees, subcontractors, or any relatives by marriage or birth against the Villa or County. G. It is further understood that no promise, inducement or agreement not expressed herein has been made to the Bley; that this Full and Final Release contains the entire terms of the agreement between the parties to settle this dispute, that the terms are contractual and not recital and that this Full and Final Release shall be construed according to the laws of the State of Colorado. Bleys further declare that they have fully and carefully read the foregoing Full and Final Release, understand the contents thereof and have signed the same as their own free act. The Bleys also state that they have had the opportunity to seek and receive advice and explanation from an attorney regarding this Full and Final Release. H. As part of the consideration for payment of the settlement Bley further agrees to provide releases from all individuals and entities conducting any of the work on the Villa project for Bley in substantially the form attached. Bley warrants and represents that a full and complete list of such individuals and entities is as follows : I. ilk FA ic k n ke / F A-A.,bat 2. 3. few it Fit', ;iced-el', 2ha 4. eq'3' Ns�5. 6. 1'% 1 / ry ( STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed I.is, o ger'.., e me this ;.3 day of f/C-2 Li& 199F by LOREN V .!d/b/a BL �\ SOCIATES, Architects. Witness my hand and official seal. i a. KIMBERLEE A. s SCHUE7T ; / / f, , vnZC. 'ZLkf' C9C{�G( 4VIS ....• p Notary Public COL My Commission Expires Odds 1,1001 5 Q Dr0 pi O1OO My commission expires: APPROVED AS TO FORM AND BINDING EFFECT: g/ Thomas Hellerich 6 q S803o PLO ►oo VII I A pZGRFct Eye a.eMILLAI.BOARD OF COuty C`Q jyng SLR. win), ,COLORADO c'goyNT.y1 EUL _AND FINIAL RELEASE THIS F LL AND FINAL Ej, E s made this '23 day of Peck,- r7r . 1997, by �c••. Ti�.. ._ �_- � _ („Releaser")for the benefit of THE VILLA AT GREELEY, INC.("VILLA"),BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ("COUNTY') collectively ("Releases"). WHEREAS, the Releaser performed work for Bley on the Villa project and Bley has settled claims as against the County and the Villa In the District Court for the County of Weld, Civil Action No. 95-CV-41 and entered into various agreements relating to this civil action WHEREAS, Bley has warranted and represented that upon payment of settlement that those Individuals and entities conducting any of the work on the Villa project for Bley. have received full and final payment and have ho direct or indirect claims against the county or villa, NOW THEREFORE, In consideration of the terms as set forth below end other good and valuable consideration, Releaser state and agree es follows: A. Releaser agrees that this Fuil and Final Release Is a compromise of disputed claims and the Releaser is entering into this agreement understanding that the Villa and County, do not admit or concede any wrongdoing or liability.ln Connection with any claim which was or could have been asserted in this action. B. Releaser hereby release, acquit and forever discharge the County and the Villa, . Its officers, directors, shareholders, attorneys, agents, servants, representatives, officials whether elected or appointed, insurer's, employees, subsidiaries, parent corporations, affiliates, partners, predecessors, successors-in-interest, assigns and all other persons, firma and corporations with whom any such parties have - been, are now, or may hereafter be affiliated of and from any and all liabilities claims, demands, rights, controversies, agreements, damages, actions, causes of action, expanses, fees, interest, compensation,judgment, and any and all • consequential and punitive damages of whatever kind or nature either in law or • in equity, relating to or arising from the facts and circumstances described In Sley's AMENDED COMPLAINT OF INTERVENOR, LOREN BLEY, d/bla BLEY ASSOCIATES, filed in the above-referenced lawsuit, This Full and Final Release Is intended to and does release, acquit and forgive discharge any and all subrogeted Interests, liens or other derivative claims which might exist with regard to the subject lawsuit. C. Releaser Specifically, without Intending to limit the foregoing, releases unto the Villa and to their heirs, successors and assigns of the Villa all rights Releaser may have to claim a mechanic's lien for labor, services, machinery, tools, equipment, or materials heretofore furnished for the construction, alteration. improvement , addition to or repair of the structures or Improvements on the I of 3 2'd d3IN39 Mh1 A3T33S 1S3M Wda3;7EI 2.6, 6't Dal gsv3a'D PL. vfW property described as part of the SW 1/4, section 2, Township 2 North, Range 68 West of the 0th P.M., Weld County, Colorado, more particularly known as Lot "A" of amended recorded exemption No. 1313.2-3-RE730 according to the map recorded April 8, 1987 In book 1132, reception No. 2088052 which would have beer the site for the pre-parole detention facility which is the subject of this action, C. Releaser agrees that this Full and Final Release shall be binding on Releasors agents, attorneys, servants. employees, employers, principals, heirs, executors, administrators, Insurers, successors, sesigns, subrogees, subcontractors and any and all other individuals or entities which have or may have any claim on behalf of themselves or be entitled to share in any settlement thereof. Reieasor represents and warrants that they have not sold, assigned. transferred, conveyed, or otherwise disposed of any of the claims, demands, or causes of • action referred to in this Full and Final Release. E, Releasers acknowledged that as partial consideration for this release a sum of money has been paid to Slay to satisfy outstanding claims and thetas further consideration, Reieasor has previousry been paid for Its work on the Villa project. F. Releaser acknowledges that a portion of the consideration given for this Full and Final Release is being given for the f=ull and Final Release of any and all unknown losses, claims, Injuries, costs. expenses, and damages, which either "" may have occurred In the past and are not yet known or which may occur in the future and are not presently known, Releaser agrees to voluntarily and knowingly assume the risk of any mistake of fact, either mutual nr unilateral with respect said losses, claims, injuries, costs, expenses, and damages, 'and shall not, under any circumstances, seek to present further claims on behalf of themselves, their attorneys, agents, servants, employees, employers, heirs,exacutors,adminlatraters,Insure rs.successors,asslgns,subrogees, subcontractors,or any relatives by marriage or birth against the Villa or County. G: It is further understood that no promise, Inducement or agreement not expreseed herein has been made to the Releaser: that this Full and Final Release contains the entire terms of the agreement between the parties to settle this dispute,that the terms are contractual and not recital and that this Full and Final Release shall be construed according to the laws of the State of Colorado, Releasors further declare that they have fully and carefully reed the foregoing Full and Final Release, understand the contents thereof and have signed the same as their own free act. The Releasors also state that they have had the opportunity to seek and receive advice and explanation from an attorney regarding this Full and Final Release. 2uf 3 E'd d3 w- '1 NUT /13713aS 153M Wd93:bo 2,5, ET D U q i?)3ao pt. CIO0 PEAK Erieli eZr..)Ca , IkSC . Releaaor Donato L ., P eget ftttccat STATE .OF RADO ) COUNTY OF �*-' )se. Subscribed and sw n to before me this . 3 day of �e-,�,,,,, 61--(--) 1997, by ✓ in,- ._-c. / r A<.Lti 1Mtneas my hand and official seal. No Public My commission expires: 6'S--:3 2 - �/ APPROVED AS TO FORM AND BINDING EFFECT: Counsel 3ol1 bud 2i31N3J Mql A.3133a9 153M Wd92:7N C6i ES D3a PLO IcO FULL AND FINAL RELEASE THIS FULL AND FINAL RELEASE is made this 28th day of January, 1998, by MCFALL KONKEL & KIMBALL ( "Releasor" ) for the benefit of THE VILLA AT GREELEY, INC. ( "VILLA" ) , BOARD OF COUNTY COMMISSIONS WELD COUNTY, COLORADO ( "COUNTY" ) and BLEY ASSOCIATES ARCHITECTS ( "Bley" ) , collectively ( "Releaseess" ) . WHEREAS, the Releasor performed work for Bley on the Villa project and Bley has settled claims as against the County and the Villa in the District Court for the County of Weld, Civil Action No. 95-CV-61 and entered into various agreements relating to this civil actin. WHEREAS, Bley has warranted and represented that upon payment of settlement that those individuals and entities conducting any of the work on the Villa project for Bley have received full and final payment and have no direct or indirect claims against the County or Villa, NOW, THEREFORE, in consideration of the terms as set forth below and other good and valuable consideration, Releasor and Releasees state and agree as follows: A.A. Releasor agrees that this Full and Final Release is a compromise of disputed claims and the Releasor is entering into this agreement understanding that the Releasees, do not admit or concede any wrongdoing or liability in connection with any claim which was or could have been asserted in this action. B. Releasor hereby releases, acquits and forever discharges the County, the Villa and Bley, their officers, director, shareholders, attorneys, agents, servants, representatives, officials, whether elected or appointed, insurers employees, subsidiaries, parent corporations, affiliates, partners, predecessors, successors-in-interest, assigns and all other persons, firms and corporations with whom any such parties have been, are now, or may hereafter he affiliated of and from any and all liabilities, claims, demands, rights, controversies, agreements, damages, actions, causes of action, expenses, fees, interest, compensation, judgment and any and all consequential and punitive damages of whatever kind or nature either in law or in equity, relating to or arising from the facts and circumstances described in Bley's AMENDED COMPLAINT OF INTERVENOR, LOREN BLEY, d/b/a BLEY ASSOCIATES, filed in the above-referenced lawsuit. This Full and Final Release is intended to and does release, acquit and forgive discharge any and all subrogated interests, liens or other derivative claims which might exist with regard to the subject lawsuit. C. Releasor specifically, without intending to limit the foregoing, releases unto the Villa and to their heirs, successors PL 0 I DO '141? and assigns of the Villa, all rights Releasor may have to claim a mechanic 's lien for labor, services, machinery, tools, equipment, or materials heretofore furnished for the construction, alteration, improvement, addition to or repair of the structures or improvements on the property described as Part of the SW1, section 2, township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, more particularly known as Lot "A" of amended recorded exemption No. 1313-2-3-RE730 according to the map recorded April 8, 1987 i book 1162 , reception No. 2095052 which would have been the site for the pre-parole detention facility which is the subject of this action. D. Releasor agrees that this Full and Final Release shall be binding on Releasor's agents, attorneys, servants, employees, employers, principals, heirs, executors, administrators, insurers, successors, assigns, subrogees, subcontractors and any and all other individuals or entities to share in any settlement thereof. Releasor represents and warrants that they have not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands or causes of action referred to in this Full and Final Release. E. Releasors acknowledge that as partial consideration for this release a sum of money has been paid to Bley to satisfy outstanding claims and that, as further consideration, Releasor will be paid $15, 000 . 00 for its work on the Villa project. Such payment to be in the form of a joint check payable to Bley and Releasor. F. Releasor acknowledges that a portion of the consideration given for this Full and Final Release is being given for the Full and Final Release of any and all unknown losses, claims, injuries, costs, expenses and damages, which either may have occurred in the past and are not yet known or which may occur in the future and are not presently known. Releasor agrees to voluntarily and knowingly assume the risk of any mistake of fact, either mutual or unilateral with respect said losses, claims, injuries, costs, expenses and damages and shall not, under any circumstances, seek to present further claims on behalf of themselves, their attorneys, agents, servants, employee, employers, heirs, executors, administrators, insurers, successors, assigns, subrogees, subcontractors or any relatives by marriage or birth against the County, Villa or Bley. G. It is further understood that no promise, inducement or agreement not expressed herein has been made to the Releasor; that this Full and Final Release contains the entire terms of the agreement between the parties to settle this dispute, that the terms are contractual and not recital and that this Full and Final Release shall be construed according to the laws of the State of Colorado. Releasors further declare that they have fully and carefully read the foregoing Full and Final Release, understand the contents thereof and have signed the same as their own free act. 2 of 4 q -o d O The Releasors also state that they have had the opportunity to seek and receive advice and explanation from any attorney regarding this Full and Final Release. ‘ / Re a sor McFall Konkel & Kimball Consulting Engineers N. F. Gaines, Vice President STATE OF COLORADO ss. CITY AND COUNTY OF DENVER) Subscribed and sworn to before me ?// ay of February, 1998, by Neville F. Gaines as Vice President of McFall Konkel & Kimball. Witness my hand and official seal . My commission expires: l yJ /ems Notary Public AP'RIVE► i' • T`i FORM AND BINDING EFFECT: � ourl1V I ' i ease The Villa at Greeley, Inc. STATE OF COLORADO ss. CITY AND COUNTY OF DENVER) Su Scribed nd sworn to before me �3 day of February, 1998, by as of the Villa at Greeley, Inc. pp, pc, B Witnes 1jr: hand ani� ficia . seal. My co isskERtd3 P 6rf SCHU •, p Nota ty PUblic ..... FOR COtCAp „Commission&pin ptt.1,ZOO, 3 o f 4 6180 301° p/.,o 100 ifir- Re�ease's / " ley_ -Associates Ar itects STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER) Subscribe. and swo to before me / by s r� : ..�t day of February, 1998, Associates Archit.l ' as of Bley , Witness my ,i *id and off ,0- L seal . My commiss ;.nl �F EEA4 CFNETT ' t c_�. z �`� Notary i Abp �. y Pub is Mr Commiubn Ewiew Gbtober 1,1(gt R lessees Board of County Commissioners, Weld County, Colorado STATE OF COLORADO ) ) ss. COUNTY OF WELD Sub cried and sworn to bef re me t l%3 day of February, 1998, by ��' ss of the Board of County ommi cgtiOrp d County, Colorado. Witne 6 �}n�,� ty' fficia l seal. My co issU ;re 44OFCpt00 ota¢y Public My Commission Expires October 1,2001 4 of 4 Rc ) ocp Hello