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HomeMy WebLinkAbout20190329 McDonald Release 1991065RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole. consideration of Six Thousand Eight Hundred Fifty -Eight and 82/100 Dollars ($6,858.82) to be paid to B&B CollislonAepair on behalf of Eric & Linda McDonald do/does hereby and for my/ourAts heirs, executors, administrators,•succossors and assigns release, acquit and forovecdiseharge•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 servicc,.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 propenydamage.and the consequences -thereof- resulting or to result from the accident, casualty or event which occurred on or about the r day of February, 2019, at or near the. city parking structure at 990 Pahn Street, San Luis Obispo, CA 93401. Itis 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 represents) thatthe 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 aad'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 parry 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 expressed has been trade to the undersigned, and that this Relesse.contains the entire agreement -between the parties hereto, and that the terms of this Release am contractual and not a mere recital. Y 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 mddical.facility within the past 15 days. .. _ . THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS. Signed, sealed and delivered this .24 wL.- day of. M Q f C k oZ,o i l - . - Lirlda, L /1�c�oha.l c Witness to signature �/ �' �/ Prof- 14 Mt,J]Otnif Address of Witness For your protection California law requires the following to appear on this form. Any person who knowingly presetns'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. ACKNOWLEDGMENTUNDER OATH State of County of ISS Before rue this day of came 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: 1991065 CW072