HomeMy WebLinkAbout20170913_McKiernan Lawyers for Ager ReleaseKNOW ALL 1VIl N BY THESE PRESENTS:
That the Undersigned, being of lawful age, for sole consideration of Thirteen Thousand and
001100 Dollars ($13,000,00) to be paid to Mam! Lyon Ager and .lames McMernan Lawyers dodoes hereby and for my/our/its heirs,
executors, administrators, successors and assigns release, acquit and forever discharge City of San Luis Obispo, CaliiorWa and his, her, their, or
its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from
any and all claims, actions, causes of action, demands, rights, damages, costs, loss of servioe, expenses and compensation whatsoever, which the
undersigned now haslhave or which may hereafter accrue on amount of or in any way growing out of any and all known and unk tiown, foreseen
and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the acct.dent, casualty or
event which occurred on or about the 9th day of February, 2017, at or near entrance ramp to the city parlung structure at 919 Palm Street,
San Lois Obispo, CA 93401.
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be
construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefor and intend
merely to avoid litigation and buy their peace.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of
the United States are hereby expressly waived. Said section reads as follows:
"1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected
his settlement with the debtor."
The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be pwament and progressive and that recovery
therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the
undersigned's judgment, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor and is made without
reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by
them employed.
The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein bxpressed bas been made to the
undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and
not a mere recital.
I hereby represent that at the time I sign this Release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the
past 15 days.
THE UNDERSIGNED HAS READ THE ABOVE ARID FULLY UNDUSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL C[.AEM.
Signed, sealed and d0tvered thio
- �YII'�IFtti� 'i ran 51,+�suu�;
For your protection California law requires the following to appear on this form.
Any penon who knowingly presents a false or fraudulent claim for the payment of a loss is'guilty of a crime and may be subject to fines
and confinement in state prison.
ACKNOWLEDGMENT UNDER OATH
M•
Ss
known to me to be the individual who executed this release, and acknowledged that . fully understood its
contents and freely executed same for the sole consideration therein expressed.
Notary Public
CW'File:1960280 CW072