Dec. 08, 1997 - Notice of Claim
FOR IMMEDIATE RELEASE
City Web site: www.bouldercolorado.gov
City of Boulder and Larry Mason Settle Notice of Claim
The following is the content of the conclusion of the agreement between the City of Boulder and Boulder Police Sgt. Larry Mason regarding Masons notice of claim against Boulder Police Commander John Eller. The agreement was signed on Dec. 2, 1997. The City of Boulder today received the signed copies back and is releasing the information.
Larry and Cecilia Mason have received $10,000 and in return for that sum they have agreed they will not sue John Eller or the City of Boulder over the subject of their claim. Further, payment of the $10,000 does not constitute any admission of liability by the City of Boulder or any of its employees.
KNOW ALL MEN BY THESE PRESENTS:
That we, Larry Mason and Cecilia Mason, for the sole consideration of ten thousand dollars ($10,000.00) to us in hand paid, receipt whereof is hereby acknowledged, for ourselves and for our heirs, personal representatives, executors, administrators, attorneys, successors, and assigns, do hereby remise, release, and forever discharge the CITY OF BOULDER, COLORADO and its officers, employees, including without limitation John Eller, and agents (hereinafter collectively "the City") of and from any and all liability for any and all claims, demands, damages, costs, liabilities, losses of services, losses, expenses, compensations, reimbursements, actions, rights, attorneys fees, and causes of action of whatsoever kind and nature resulting from or in any way arising or growing out of, and by reason of, any and all known and unknown, foreseen and unforeseen, damages, expenses, costs, losses, liabilities, claims, damage to property, bodily, personal, and psychological injuries, and the consequences thereof, including without limitation any defamation and loss of consortium, which we may now or hereafter have, resulting from or which may or will result from or arise out of, directly or indirectly, the injuries, losses, or damages sustained by us as a result of John Eller, as Larry Masons supervisor, causing a departmental investigation to be conducted concerning the conduct of Larry Mason in Masons capacity as a police detective sergeant on or about January 5, 1997, in the City of Boulder, County of Boulder, State of Colorado, and any and all matters relating thereto, and any and all consequences thereof, for which we have claimed or could have claimed against the City. We are legally competent to execute this General Release and accept full responsibility therefor and assume the risk of any mistake of fact and law as to any damages, losses, or injuries, whether disclosed or undisclosed, sustained as a result of the abovementioned incident and all matters incident and related thereto.
We declare and represent that no other person, firm, or corporation has received any assignment, subrogation, or other right of substitution to the claim or claims made or which could have been asserted in this claim. In the event that the persons or parties released herein are subjected to further claims by any person, firm, or corporation, under any actual or purported lien or right of substitution, assignment, or subrogation, we, jointly and severally, will hold the person or parties released harmless from any such claims and demands.
We understand and agree that the acceptance of the abovementioned sum is in full accord and satisfaction of a disputed claim and that payment of the this sum is not to be construed in any way as an admission of liability on the part of the persons or parties released, but, on the contrary, the persons and parties released specifically deny any liability on account of the incident. We understand and agree that all agreements and understandings between the parties are embodied and expressed in this General Release, and that its terms are contractual and not mere recitals.
We have carefully read this General Release and know what it means and have signed it as my own free and voluntary act after my attorney explained it to me. We have been advised of our rights to consult additional professionals of our choice including doctors and lawyers, regarding any and all known and unknown, foreseen and unforeseen, damages, losses, injuries, costs, losses of services, expenses, liabilities, claims, and the consequences thereof, of whatsoever kind and nature, we may have or will incur, whether suspected or unsuspected. We understand and agree that our signatures on this General Release shall be forever binding, and no recision, modification, or release of the undersigned from the terms of this General Release will be made for any mistakes.
IN WITNESS WHEREOF, we have hereunto set our hands this 2nd day of December, 1997.
CAUTION: READ BEFORE SIGNING
Marc Colin, Attorney for the Masons
Last Updated on Friday, 15 June 2012 09:36