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HomeMy WebLinkAbout20180815 245HigueraLLC Release 1982526RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESIS PRESENTS: That the. Undersigned, being of lawful age, for sole consideration of Four Thousand Six Hundred Nineteen and 00/100 Dollars ($4,619.00) to be paid to 245 Higuera LLC do/does hereby and for my/oudits heirs, executors, administrators, successors and assigns release, acquit and forever discharge City of San Luis Obispo, California 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 service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and'the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 11`h d'ay,of April, 2018, at or near 245 Higuera Street, San Luis Obispo, CA 93441. 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 permanent 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 stugeon by them employed. The undersigned further declares) and represent(s) that no promise, inducement or agreement not herein expressed has 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. Thereby 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 AND FULLY UNDERSTANDS.rr TO BE A FULL FIIVAL RELEASE OF ALL.CLAWS. Signed; se d delivered this ?moi day of AA , Witness to signature Signature Witness to signature Address of Witness Signature For your protection California law requires the following to appear on this form. Any person 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. State of County of Before me this day of ACKNOWLEDGMENT UNDER OATH }SS known to me to be the individual who executed this release, and acknowledged that contents and freely executed, same for the sole consideration therein expressed. -CW File: 1982526 came fully understood its Notary Public. CW072