HomeMy WebLinkAboutresolution.council.010-86 RESOLUTION NO. I0 (Series of 1986)
A RESOLUTION APPROVING THE SETTLEMENT OF CITY OF ASPEN V. JACK
MILLER AND ASSOCIATES, ET AL., (Civil Action 83 CV 160) AND
AUTHORIZING THE CITY ATTORNEY TO EXECUTE SUCH DOCUMENTS AS MAY BE
NECESSARY TO CONSUMMATE THE TRANSACTION
WHEREAS, in 1982 the City filed Civil Action No. 83 CV 160,
"City of Aspen, a Colorado municipal corporation, Plaintiff,
v. Jack Miller & Associates, AIA, Lincoln DeVore Testing
Laboratory, Inc., a Colorado Corporation, Brennan Group,
Ltd., a Colorado corporation; The American Insurance Company,
a New Jersey corporation; Wilbur, Carlson Company, a Colorado
corporation; Patrick L. Groom and Edward E. Weatherly, d/b/a
Peco Construction, Defendants,
in which the City asserted claims for damages arising out of the
construction of the Castle Ridge employee housing project, and
WHEREAS, a settlement proposal has been presented to resolve
the City's claims against Jack Miller & Associates, AIA; Lincoln
DeVore Testing Laboratory, Inc.; Brennan Group, Ltd.; and The
American Insurance Company, by collectively paying the City the
sum of $210,000.00; and
WHEREAS, the City Council, upon the recommendation of the
City Attorney and special counsel, Wood, Ris & Hames, P.C., deems
the settlement to be in the best interest of the City and desires
to authorize the City Attorney, on behalf of the City of Aspen, to
consummate said settlement and execute such documents as may be
necessary to implement the terms thereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Sect ion 1
That the settlement of litigation between the City of Aspen
and Jack Miller & Associates, AIA; Lincoln DeVore Testing Labora-
tory, Inc.; Brennan Group, Ltd.; and The American Insurance Com-
pany, whereby said defendants have collectively offered to settle
the City's claims against them for the sum of Two Hundred Ten
Thousand Dollars ($210,000.00), be and the same is hereby
approved, and the City Attorney is hereby authorized to consummate
said settlement on behalf of the City of Aspen and to execute such
documents as may be necessary to implement the terms thereof.
Dated: ~~_~__ /~ , 1986.
William L. S
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen, Colo-
rado, at a meeting held ~ Z~ , 1986.
Kathryn S.~och, City ~$~
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