01-27-2004 GRAND EAGLE INVESTMENT CORPORATION AGREEMENT FOR RELEASE OF CLAIMSAGREEMENT FOR RELEASE OF CLAIMS
1. The parties to this Agreement are the Town of Avon, Colorado (Avon),
Grand Eagle Investment Corporation (Grand Eagle) and Marvin B. Simon
(Simon)
2. The subject of this Agreement is Tract J, Benchmark At Beaver Creek
Subdivision, as per the recorded plat thereof, in Eagle County, Colorado
(Tract J). In consideration of the promises and releases provided for
herein, the parties stipulate and agree as set forth below.
3. The parties stipulate that Tract J was deeded to Grand Eagle by the Eagle
County Treasurer, and that Grand Eagle later conveyed Tract J to Simon.
4. The parties stipulate that Tract J Is bisected by the Eagle River, and had
an old bridge across the Eagle River, connecting the two dry land parts of
Tract J.
5. The parties stipulate that there were disputes between Avon on the one
hand, and Grand Eagle and Simon on the other, concerning the bridge and a
bike path easement through the north part of Tract J. These disputes led to
possible claims by the parties against each other.
6. The parties stipulate that Simon is deeding Tract J to Avon. The parties
wish to release any claims they may have against each other concerning
Tract J.
7. Each of the parties hereto releases all the other parties to this Agreement
from any further claim or liability concerning Tract J and the actions of the
parties in connection with Tract J.
8. This release shall extend to and benefit the parties hereto, and their
respective agents, representatives, officers, directors and employees.
9. It is the intent of the parties that this be a complete resolution of any
claims which one might have against one or more of the others concerning
Avon's, Grand Eagle's or Simon's activities concerning Tract J.
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10. If the relevant facts now believed by a party to exist and upon which
each party bases their decision to enter into this Agreement are discovered to
differ from the facts as they actually exist, that shall not affect the validity of
this Agreement. Each party agrees to bear the risk that they believed facts
upon which that party bases their decision to enter into this Agreement may
turn out to be different from the actual facts; each party agrees that,
notwithstanding any such difference, this Agreement shall remain in full
force and effect.
11. This Agreement represents a compromise of disputed claims. Nothing
contained herein should be construed as an admission of wrongdoing or
liability by any party hereto.
12. Because of the distance separating the parties, this Agreement may be
executed on FAX copies and separate copies of the signature page, which
may be attached to the original document to constitute the entire Agreement.
13. The parties shall reasonably cooperate in executing and filing any
documents, providing and information, or performing any other actions
reasonably required to effect the intent of this Agreement.
Done this 27th day of January, 2004.
Town of Avon, Col rado Grand Eagle Investment Corporation
By: By:
Howard (Mac) cDevitt Marvin B. Simon
Mayor Pro Tem
President
Marvin B. Simon, individually
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