HomeMy WebLinkAbout1998-034"'
RESOLUTION N0.98- 34
RESOLUTION ACCEPTING FULL SETTLEMENT FOR DAMAGES
ASSOCIATED WITH FIRE HYDRANT DAMAGE.
WHEREAS, a claim was submitted to AIG Claim Services, Inc. for damages
associated with a fire hydrant damaged by collision; and
WHEREAS, AIG Claims Services has provided a Release for All Claims for the
City's release; and
WHEREAS, AIG Claims Services, Inc. will provide payment for damages in the
amount of $4,893.18 once the release is signed.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Stillwater:
That the amount of $4,893.18 for damages associated with a fire hydrant
damaged by collision hereby accepted.
2. The Mayor and City Clerk are hereby authorized to sign the Release of All
Claims on behalf of the City.
Adopted by the City Council of Stillwater this 3ra day of February 1998.
Ja or
ATTEST:
C~ ~~-
Morli eldon, City Clerk
. .,
RELEASE
OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, being of lawful age, for sole consideration of Four Thousand Eisht Hundred and Ninty Three and 18/100
Dollars S48L 9181 to be paid to Cdv ofStillwater dodoes hereby and for my/ow/its heirs, executors, administrators, successors and assigns
release, and forever discharge Salesao Systents USA Inc and Conunerce and Industry Insurance Comnanv amt 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 actioq demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the
Undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown,
foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the
accident, casualty or event which occurred on or about the Sth day of AuQUS~ 19 97 • at or near .SYillwater, Minnesota
Furthermore, this release is intended only to operate as a release of whatever claims the undersigned may have against the releasees.
The releasees expressly reserve any and all claims they may have against the undersigned, or any others.
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 pact of the party or parties hereby released, and that said releases deny any liability
therefore and intend merely to avoid litigation and buy their peace.
The Undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that
recovery therefrom is ~mcertain and indefinite and in making this Release it is understood and agreed, that the Undersigned rely(ies) wholly
upon the 'Jndersigucd's jiu4bitien ,belief ,^,F2.a. ?a:Lwl; dbn of the r.?h*re, extent ,effect aed duration of said injuries and liability 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
swgeon by them employed.
The Undersigned further declare(s) 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 .
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDING IT.
Signed, sealed and delivered this ,3 `~ ~ ,day of ~..e-~~.~.t.~-, , 19 ~t
WITNESS
WITNESS
WITNESS
8~
° ' ~, NILE L IQ~IESEL
NOTARY PlJBL(C-MINNESOTA
STATE OF :" ~ , WASHINGTON COUNTY
~-^ •'.M. My Commission E"rireS Jan. 31, 2000
COUNTY OF
On the ~~ /" day of ---eil. , 19~ before me personally appeared
Jay L, Kimble and Morli Weldon
to me known to be the person(s) named herein and who executed the foregoing Release and
acknowledged to me that voluntarily executed the same .
My term expires , 19~ ~~~~~ ~ `
NOTARY PUB IC
CAUTION: READ BEFORE SIGNING BELOW
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