HomeMy WebLinkAboutRES 83-342 R E S O L U T I O N
WHEREAS, a City of Beaumont 1983 pickup truck was demolished
in an accident on August 23, 1983 with a Joe' s Rental Tool Company
truck; and,
WHEREAS, Employer' s Insurance Company of Texas, the liability
carrier for the rental tool company has offered to settle with the
City for the cost of the city vehicle in the amount of $6 ,792.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized and directed
to execute a release and the necessary documents to convey title of
the demolished city vehicle to Employer' s Insurance Company of
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
#—&day of ?.,Q /J� 19 .
d
f
Mayor -
RELEASE IN FULL OF ALL CLAIMS
ECCO 7087 - D
FOR AND IN CONSIDERATION of the payment to City of Beaumont
the sum of six thousand seven hundred ninety two & no.1100ollars (S 6792.00 ) the receipt of which is
hereby acknowledged. I/we, being of !awful age do hereby release, acquit and forever discharge Joe's Rental Tools,
Garvis White. any agents,' servanto and employes theranf
and any other persons, firms or corporations of and from any and all actions, causes of action, claims, demands, damages, costs, loss of service, ex-
penses and compensation, on account of,or in any way growing out of,any and all known and unknown personal injuries and property amagetesulting
or to result from an accident that occurred on or about the 23rd day of August 1963, at or near
Beaumont, Texas
I/we do hereby declare and represent thatthe injuries sustained are permanent and progressive and that recovery therefrom is uncertain and indef-
inite, and in making this release it is understood and agreed that I/we rely wholly upon my/our own judgment, belief and knowledge of the nature, ex-
tent and duration of said injuries as well as the liability questions involved, and that I/we have not been influenced to any extent whatsoever in
making this release by any representations or statements regarding said injuries, or liability, or any other matters, made by the persons, firms or cor-
porations hereby released, or by any person(s) representing, or acting for him or them, or by any physician or surgeon by him or them employed.
It is further understood and agreed thatthis settlement is in FULL SATISFACTION OF ALL DAMAGES of a doubtful and disputed claim, and that
the payment of said sum is not to be construed as an admission of liability on the part of the above party/parties released and discharged by whom
liability is expressly denied.
THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THIS 1S IN FULL SATISFACTION FOR ALL DAMAGES ARISING ON ACCOUNT OF
THE ABOVE DESCRIBED ACCIDENT AND WILL RECEIVE NO FURTHER SUMS OF MONEY AND THAT THE UNDERSIGNED AGREES TO NOT
ASSERT OR PROSECUTE ANY FURTHER CLAIMS OR LAWSUITS THEREFOR AGAINST ANYONE WHOMSOEVER, WHETHER OR NOT HEREIN
OTHERWISE NAMED, DESCRIBED OR IDENTIFIED. ANY AND ALL CLAIMS AGAINST PARTIES NOT SPECIFICALLY RELEASED HEREIN, IF
ANY, ARE HEREBY ASSIGNED IN FULL TO THE PARTIES HEREBY RELEASED.
This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital.
]/we further statethat I/we have carefully readthe foregoing release andknowthe contents thereof,and I/we sign thesame as my/our own free act.
WITNESS hand and seal this the day of 19
In presence of:
WITNESSES TO SIGNATURES MW CAUTION!
Read before signing.
1. X 1. (Seal)
2 2. (Seal)
3. 3. (Seal)
4. 4. (Seal)
5. 5. (Seal)
6. 6. (Seal)
State of
County of
On this day of , 19 , before me personally appeared
to me known to be the person_ described herein, and who executed the
foregoing instrument and acknowledged that voluntarily executed the same.
My term expires 19 .
Notary Public
(If.this release is acknowledged before a Notary Public, no witnesses' signatures are necessary.)
2.