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HomeMy WebLinkAboutMcGrath Road SOWN Sf� ops 9 w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-Co� AREA CODE 203/644-2511 M E M O R A N D U M November 18 , 1985 TO: Richard M. Rittenband, Town Attorney RE: NICHOLAS CHAMP - 101 MCGRATH ROAD As we discussed, Mr. Champ is willing to settle his claim for erosion damages with a monetary payment. I In exchange, the Town should secure a release from Mr. Champ. Please review the attached and advise me of any changes you would like. Rob r senault Director of Public Works RA:bmr Attachment SOWN Sf� y r J V w tL o S o � C U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 S R.Co AREA CODE 203/644-2511 November 16, 1983 Mr. Richard J. Sartor Town Manager 1540 Sullivan Avenue South Windsor, CT 06074 Dear Dick: Mr. Nicholas Champ of 101 McGrath Road has long ago filed a claim with the Town of South Windsor concerning damage which was done when the sewers were installed. The Brewer & Horan Construction Company refused to respond to the claim, and the insur- ance companies will not respond since it is a claim far below the deductible. Mr. Champ's total damages were $500.00. He has asked me to indicate to you that he will accept the sum of $300.00 to settle this claim in full. I recommend that the matter be settled with the homeowner. Please contact my successor, Attorney Richard Rittenband, in order to discuss the matt Very truly rs, e Chris her Gerlt WCG:lm cc: Mr. N. Champ P Y RELEASE AND HOLD HARMLESS AGREEMENT The undersigned, owner (s) of premises know as , South Windsor, Connecticut, hereinafter referred to as "OWNER, " hereby agree (s) to hold harmless the Town of South Windsor, its agents, employees , and assigns, hereinafter referred to as the "TOWN, " from any and all claims of damage, past, present, or future on the above-described premises , in particular in regard to damages alleged to have been caused by the past installation of sanitary sewers on or near said premises . In consideration of said Hold Harmless Agreement, the "TOWN" agrees to pay a single monetary compensation to the "OWNER" in the amount of Dollars ($ ) . Said compensation shall constitute a full and complete settlement for any and all past, present, or future claims by the "OWNER, " their heirs and assigns for damages alleged to have been caused by the past installation of sanitary sewers on or near the above-described premises. WITNESSED BY: OWNER(S) : STATE OF CONNECTICUT) ss. COUNTY OF ) Personally Appeared Signer (s) of the foregoing instrument, and acknowledged the same to be free act and deed, before me. Notary Public / J of Peace / Commissioner of Superior Court a w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 fN�soR•CON� AREA CODE 203/644-2511 M E M O R A N D U M November 18 , 1985 TO: Richard J. Sartor, Town Manager RE: CLAIM FOR DAMAGES OF MR. NICHOLAS CHAMP We have completed a recent field investigation of the property of Mr. Nicholas Champ at 101 McGrath Road. Town Engineer Richard Martel viewed the damages to Mr. Champ's property alleged to have been done at the time of the installation of sanitary sewers in the rear of the property. The erosion damage has stabilized, and the area in question is heavily overgrown with natural vegetation. Access to the area by trucks or equipment would be extremely difficult and would in all likelihood create more damage than has been done in the past. Mr. Champ agrees with this argument. Tberefore, he is still willing to settle this claim with a monetary settlement of $300 .00 as stipulated in the attached letter of November 16 , 1983 . I therefore recommend that the claim be settled in this amount in exchange for a release signed by Mr. Champ properly holding the Town harmless . I have discussed this matter with Town Attorney Richard Rittenband, and he concurs . I will draft a release form for review by Richard Rittenband. Rob rt Ar6enault Director of Public Works RA:bmr Attachment