HomeMy WebLinkAbout1995-018 Release Claims - MaurerOFFICE OF THE CITY A'!-!'ORNEY
CITY OF ASHLAND
20 EAST MAIN STREET
(503) 482-3211, EXT. 59
MEMORANDUM
February 10, 1995
To:
From:
Subject:
Barbara M. Christensen, City Recorder
Sharlene P. Stephens, ALS
JCFD #5 and City of Ashland v. Maurer
The Release of All Claims by Parties; Indemnification by Defendant document
pertaining to the above-reference matter was prepared in triplicate. A fully-executed
original was sent to the attorney representing JCFD #5 and the attorney representing
John Maurer. The third original is attached for safe keeping in the city's files.
Attachment
(p :plea\mawr-rec.rnem)
RELEASE OF ALL CLAIMS BY PARTIES, INDEMNIFICATION BY DEFENDANT
FOR THE SOLE CONSIDERATIONS expressed below, the City of Ashland ("City") and
Jackson County Fire District #5 ("District") release and forever discharge John G.
Maurer ("Maurer") from any and all claims for fire suppression costs associated with
that certain fire occurring at or near Maurer's property, 1085 Elkader Street, Ashland,
Oregon, on May 10, 1993. Maurer releases and forever discharges City and District
from any and all claims arising out of this fire or the proceedings described below.
It is also expressly understood and agreed that this release particularly includes,
and is in full settlement and satisfaction of, those claims and matters alleged against
Maurer in the proceedings initiated in the in the District Court of the State of Oregon,
for the County of Jackson captioned as follows:
CITY OF ASHLAND,
Plaintiff,
¥So
JOHN G. MAURER,
Defendant.
NO:94-0587-L
COMPLAINT
(Statutory Money Action)
- and -
VS.
JOHN G. MAURER,
Defendant.
JACKSON COUNTY FIRE DISTRICT #5,
Plaintiff, / NO:93-1419-L
COMPLAINT
(Statutory Money Action)
)
It is also agreed that these actions shall be dismissed with prejudice and
without costs to any party, and that if any action or claim is ever asserted against
Maurer, the City or the District, then this agreement may be asserted or pied as a
defense to any such action or claim.
It is further understood that this is a compromise of disputed claims, and that
the considerations expressed in this release are not to be construed as an admission
of liability on the part of Maurer, the City or the District by this agreement, who
expressly deny liability.
With regard to any fire on the property located at 1085 Elkader Street, Ashland,
Oregon, Maurer acknowledges that unless and until this property is annexed to the
City or District, neither the City nor the District will respond to or suppress any fire
occurring on this property, unless such response or suppression is necessary or
advisable to aid in the suppression of fires on adjoining or surrounding properties; the
decision whether to respond ~s to be at the sole option and discretion of C'ty and/or
District. Furthermore, Maurer agrees to defend, indemnify and save City and District,
their officers, employees and agents harmless from any and all losses, claims, actions,
costs, expenses, judgments, subrogations, or other damages resulting from injury to
any person (including injury resulting in death,) or damage (including loss or
PAGE 1 of 3-RELEASE OF ALL CLAIMS AND INDEMNIFICATION (p:plea\maurer.rel)
destruction) to property, of whatsoever nature arising out of or incident to the City's or
District's failure to respond or suppress any fire occurring on the Maurer property.
The undersigned have fully read the foregoing Release of All Claims carefully,
and fully understand the contents hereof, and fully understand that no other
consideration or payment of any kind will be given to the undersigned by or on behalf
of Maurer, and that there is no other agreement, promise or inducement of any kind
for this release other than those expressed in this release. The undersigned execute
this Release of All Claims as their free act and deed.
· "~:: day of
DATED this ,j.
/ Jc~n G. Mau?er
t prove; as o,rm:
Attorney for MaLaria'
State of Oregon
County of Jackson
\ 1995.
/x ././,:'L_ ,>'-.
City of Ashland
.
shy'County District #5
Approved as to form:
Attorney for City
AttCrney for District
This inst. ru.,rnent was ,a,.~kn wledged before me on :?c'./;.'~ ~,/,;.' '~r~
VICKY G. BOTEFUR ,' . ,-~ ...... ~., . ·
NOTARY PUBLIC-OREGON L ~'~ ~ r/"'~J.]' : '~*'---/----'''~; L'~ /1
commission NO.O~752~ Notary ,F~ubl~c.:~Or-:lgr~o~:~
MY COMMISSION EXPIRES AUG. 31, 1991] My commission expires:
State of Oregon
County of Jackson
This instrument was acknowledged before me on
by '/: ' ' '
' ~''~,,. ,; ;..~;~..,¢ , (" as
Ashland, Oregon.
,.' c, ,1995,
· ? ~/ :.t - / ¢:.-~_ of the City of
Notaw Pdblic for Oregon
My Commission expires:
PAGE 2 of 3-RELEASE OF ALL CLAIMS AND INDEMNIFICATION (p:pl®a\rnaurer.rel)
State of Oregon
County of Jackson
This instrument was acknowled
b.y . ',.,,%.~_,,,,_.,,._ ~ . ged before me on ~ '
~ac ~g.,~k. -~-
..... '~ ~o. ~-~ of the
PAGE 3 of 3-RELEASE OF ALL CLAIMS AND INDEMNIFICATION