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Boulder City Council · Document

Attachment A - Proposed Settlement Release Linfield

Special Meeting, Downtown Commercial District Meeting, and Knollwood Metropolitan District Meeting, January 8, 2026 · item 4E: ​​Consideration of a motion to authorize the city manager to enter into a settlement agreement to resolve a claim asserted by Mary Joy Linfi… · 2 pages

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GENERAL RELEASE AGREEMENT 1. This GENERAL RELEASE AGREEMENT (“Agreement”) resolves all claims stemming from or related to: a water main break on or about February 8, 2025 affecting the property located at 4546 Sioux Drive, Boulder, Colorado 80303 (the “Incident”). 2. For the total consideration of $91,332 (the “Settlement Sum”), I release: a. The City of Boulder, and b. The City of Boulder’s affiliates, corporations, entities, successors, administrators, attorneys, employees, agents, servants, and insurers from all liability resulting from or related to the Incident. 3. The acceptance of the above-mentioned Settlement Sum is in full accord and satisfaction of a disputed claim. Payment of that sum is not an admission of liability on the part of the City of Boulder or of any other persons or parties released by this Agreement. 4. This Agreement releases the City of Boulder and others noted above from all: a. Claims, demands, damages, costs, liabilities, losses of services, economic losses, expenses, compensations, reimbursements, actions, rights, and causes of action of any kind resulting from or related to the Incident; b. Known, unknown, foreseen and unforeseen damages arising from or related to the Incident; c. Expenses, costs, losses, liabilities, and damages related to damage of property and all damages related to personal injuries including psychological injuries, and the consequences thereof, whether already incurred or incurred in the future, arising from or related to the Incident; and d. Claims related to the Incident and to the consequences of the Incident, whether or not those claims were previously made against the City of Boulder and/or others released by this Agreement. 5. I agree to indemnify, defend and hold harmless the City of Boulder, and others released by this Agreement, against claims by any person, firm, or corporation made pursuant to a theory of assignment, lien interest, subrogation right, or other right of substitution to my claims related to the incident, including claims already made and claims that may be made in the future. This provision shall apply to: a. Claims, costs, expenses, damages, recoveries and deficiencies, including interest or penalties, that the City of Boulder and others released under this Agreement may incur as a result of such claims based upon actions, claims, or demands by lien holders or by holders of subrogated interests; b. Claims by governmental entities or agencies, including but not limited to Medicare or Medicaid, or claims by other persons or third-party insurance carriers claiming a subrogation or other interest in the funds paid to me pursuant to this Agreement; and Page 1 of 2

c. Claims, actions, or liability for attorneys' fees or costs incurred on my behalf in connection with the incident or its aftermath, including any fees or costs with regard to which reimbursement may be permitted under Federal or State law. If any other provision of this Agreement is deemed unenforceable or invalid for any reason, I understand that my obligation to indemnify, defend and hold harmless under this Agreement shall continue in full force and effect. This element of the Agreement is a separately bargained for benefit and is independently enforceable. 6. All of the understandings between the parties are included in this Agreement. 7. My signature on this Agreement shall be binding and no rescission, modification, or release from the terms of this General Release will be made for any mistakes. 8. I am legally competent to execute this Agreement. I assume the risk of any mistake of fact and law as to any damages, losses, or injuries, whether disclosed or undisclosed, that I may have sustained as a result of the above-mentioned incident and as a result of all matters related to the incident. 9. I am aware that this Agreement is a public record subject to disclosure under the Colorado Open Records Act, C.R.S. §§ 24-72-201 – 206. 10. I have read this Agreement, I know what it means and I have signed it voluntarily. Dated: December ___, 2025. ______________________________________ Signature Printed name: Mary Joy Linfield

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