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HomeMy WebLinkAboutC97-142 Alvin Rakowski_ C'9714247,
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RELEASE/WAIVER of CLAIM
EAGLE COUNTY ATTORNEf
THIS RELEASE and WAIVER is made this 97 day of June, 1997, by Alvin Rakowski,
and his successors (hereinafter referred to as "Releasor"), whose address is P.O. Box 28278, El
Jebel, Colorado 81628.
WITNESSETH:
1. The County of Eagle, State of Colorado a Political and Governmental Subdivision
of the State of Colorado, acting by and through its Board of County Commissioners (hereinafter
referred to as "Releasee") is empowered to manage the business and concerns of the County.
2. During February, 1997, Releasor's vehicle, a 1990 Volvo/Model 240DL, which was
parked at 212 Vaquero, Aspen Mesa Estates Subdivision, County of Eagle, State of Colorado was
allegedly damaged by snow which fell from a snow pile, placed there by an Eagle County
Snowplow, which was under the supervision of the Eagle County Road and Bridge Department.
3. Releasor, to induce the payment provided for in Paragraph 4, represents and warrants
that he is the sole owner of the vehicle described in Paragraph 2, above. And to hold the County of
Eagle harmless from any other claims made because of the events alleged in Paragraph 2, above.
4. In consideration of $1,378.61 paid to Releasor by the County of Eagle, State of
Colorado, the receipt of which is hereby acknowledged, Releasor waives any right that it may have
now or in the future to any claims which were a result of the accident, as set forth in Paragraph 2,
above. It is further understood and agreed that this settlement is that of a disputed claim and that the
payment hereunder is not be construed as an admission of liability on the part of Releasee, or a
waiver of governmental immunity.
5. Further, Releasor hereby releases, acquits and forever discharges Releasee, its agents,
employees, officers, directors, appointees, members of the Board of County Commissioners,
representatives of the County, successors, assigns and insured, and any other person or entity, of and
from any and all past, present or future claims or obligations of any nature whatsoever, whether
compensatory or punitive, relating to the accident, as set forth in Paragraph 2, above.
6. Releasor agrees that this is a full and final release and settlement of all claims, and
that the terms hereof shall be binding on its agents, attorneys, servants, employers, employees,
principals, insurers, successors, assigns, subrogees, and any and all other persons or entities which
have or may have any claim on behalf of themselves or be entitled to share in any settlement thereof.
7. As further consideration, Releasor represents that it has not assigned any rights of
action or claims to any other person or entity, and the Releasor further states that it will indemnify
and hold harmless the Releasee of and from any and all claims for expenses, compensation or fees.
8. Releasor has executed this release voluntarily and with full knowledge of Releasor's
rights under the laws of the State of Colorado.
STATE OF COLORADO
County of Eagle
The foregoing was acknow
199-7,,by Alvin Rakowski.
By: �rl Ij J ,
Name: Alvin RoLkowski
WITNESS my hand and official seal.
My commission expires _N a - �.
Notary Public
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