Loading...
HomeMy WebLinkAbout20180616_Becker ReleaseM 90 o RELEASE IN FULL OF ALL CLAIMS co A. Richard H. Becker and Theresa A. Becker (collectively "Releasors") are the Zowners of real property commonly known as 272 Del Mar Court, San Luis Obispo, California M (the "Property'. D C— c B. On or about March 28, 2018, damage to the Property occurred when a drain pipe Z ("Drain Pipe') running through the Property and under the Releasors' driveway failed. j N C. The Releasors submitted a claim to the City of San Luis Obispo ("Releasee" or s the "City") dated May 11, 2018, for reimbursement for expenses paid to repair damage to the O0 Property due to the Drain Pipe. D_ Releasee has agreed to reimburse Releasors in the amount of $8,500.00 in exchange for a full release of all claims related to this incident and the Drain Pipe. E. Notwithstanding the above, the parties agree that Releasee 'has not substantially participated in the planning, construction or maintenance of the Drain Pipe and that the Drain Pipe is not a public improvement. For and in consideration of the sum of $8,500.00 (Eight Thousand Five Hundred Dollars and no/100 cents) paid to the Releasors, by the Releasee, receipt of which is hereby acknowledged, Releasors do hereby release, acquit and forever discharge the City, its attorneys, successors, affiliates and assigns and/or its associates, executors and administrators and all other persons, firms or corporations from every claim, lien, demand, right or cause of action, arising under or related to the damage to their Property and the Drain Pipe whether known or unknown, reported or unreported and whether currently existing or arising in the future. As a further consideration and inducement for this compromise settlement. and payment, it is expressly warranted and agreed: (1.) That this is a full and final release of any and all claims arising out of said incident and includes all unknown and unanticipated rights, claims, liens, causes of action and damages resulting from said 'incident. Further, each party hereto agrees to assume their own fees and costs incurred in this incident and -waives any and all contractual and/or statutory rights to collect same. Further, Releasors agree to fully defend, indemnify and hold Releasee harmless from any and all liens. arising out of this incident. (2) That this is a compromise settlement of a doubtful and disputed claim, and that the payment in consideration for this release shall not be deemed or construed as an admission of liability on the part of the Releasee. Page 1 of 3 (3) That, in executing this release, Releasors do hereby waive all rights and benefits which they may now have or in the future may have under and by virtue of the terms of Section 1542` of the Civil Code of the State of California, which section reads -as follows. "A.general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known. by him or her must have materially affected his or her settlement with the debtor." (4) In the event legal action is brought to enforce any provision, of the Release in Full of All Claims (the "Release"), the prevailing party shall be entitled to recover their reasonable attorneys' fees and costs of suit. (5) All parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release, and which are not inconsistent with its terms. (6) This settlement agreement and. Release contains the entire agreement between the parties, and it is expressly understood and agreed that it may not be altered, amended, modified or otherwise changed in any respect except by a writing duly executed by an authorized representative of each party. (7) 'Phis Release is entered into in the State of California and shall be construed and interpreted in accordance with the laws of such state. Venue on any action arising out of this Release will be proper only in the Superior Court of the County of San Luis Obispo. (8) This Release may be executed in counterpart. Further, Releasors agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, government entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to them or on their behalf as axesult of this incident by way of contribution, subrogation, indemnity, or otherwise. The Releasors have read and understand the terms and nature of the foregoing Release and warrant that the Release contains the "entire agreement" between the parties hereto, and no promise, inducement or agreement not expressly contained herein has been.made. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 2 of 3 w RO 0 0 CO 0 a z z m 0 C- C z j 00 N O j M The Releasors have had the opportunity to review this Release with their attorney, if any, and freely and voluntarily execute the same. RELEASORS Dated: -& By: Richard H. Becker, Releasor Dated: b b ZGI B By: Theresa A. Becker, Releasor Page 3 of 3