HomeMy WebLinkAbout2008-258 Claims Release - Voisin RELEASE AND SETTLEMENT OF CLAIMS
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THIS AGREEMENT is made effective this � day ofKc',y 2008, between Carol Voisin,
(hereinafter Owner) and the City of Ashland, a municipal corporation(hereinafter City).
WHEREAS, Owner is the legal owner of real property located at 908 Fox Street in the City of Ashland Oregon, more
particularly described as iT39S R1 E SEC 5BA TL 16001; and
WHEREAS, Owner claims that an allegedly undersized City storm water catch basin overflowed causing erosion on
Owner's Property; and
WHEREAS, pursuant to Ashland Municipal Code, the City Administrator is authorized to settle disputes in order to
avoid claims or liens against City property.
IT IS HEREBY AGREED that, for the sole consideration of the City undertaking and oaying a licensed contractor to
perform the work described and shown in Exhibit"A" attached hereto and made a part hereof by this reference and
entitled "Stormwater Drainage Erosion Control Measures, 908 Fox Street", and the execution by Owner of this
Release, Owner, does hereby, for itself, its officers, agents and employees, their heirs, executors, administrators,
successors, and assigns, release and forever discharge the City of Ashland, its officers, directors, agents,
employees, contractors, successors, and assigns from any and all claims, demands, actions or causes of action
which Owner now has or which hereinafter may accrue against the City of Ashland its officers, directors, agents,
employees, contractors, successors, and assigns in connection with the City's entry onto Owners property and the
performance of the work described on the attached erosion control plans, including, without limitation, any and all
claims, demands actions and causes of action referenced in written or electronic correspondence with the City of
Ashland. This release expresses a full and complete release of liability claimed and denied, regardless of the
adequacy of the above consideration,and the acceptance of this release shall not operate as an admission of liability
on the part of anyone. This document also serves as express permission for the City, its officer, agents and
contractors to enter Owner's property to perform the work described herein and such entry shall not be deemed a
trespass. Owner has not been represented by counsel throughout this process, but has been given the opportunity
to consult with legal counsel,f necessary.
THE PARTIES FURTHER DECLARE and represent that no promise, inducement, or agreement not expressed
herein has been made between them, that this Release contains the entire agreement between them, and that the
terms of this Release are contractual and are not merely recitals.
OWNER Witness:
n xa-OQ0.Y/� T
Witness:
Carol Voisin
CITY
1�rtha Bennett,f� y A ministrator R, LfJ1
/ ich d Appicello,Ui torney
Release and Settlement of all Claims
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