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HomeMy WebLinkAbout20160219 FarrelSmyth Release 1929842RELEASE OF ALL CLAIMS KNOW ,ALL MEN BY THESE PRESP..NTS: That the Undersigned, being of lawful age, for sole consideration of One Hundred Fifty -Six and 60/101) Dollars (S156.60) to be paid to h'arrell Sruytlr Property Management do/does hereby and for my/our/its heirs, executors, administrators, suceessors 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 frons anyand all claims, actions, causes of action, denaanc'ls, rights, damages, costs, loss of service, expenses and conipensmion whatsoever, which the undersigncd now ]las/have or which may hereafter accrue on account of or in ally Way growing out of any and all known and unknown, tbresee:n and unforesrcn bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred oil or about (lie 12u' day of.lanuary, 2016, at or near 777 lfignera Street, San Luis Obispo, CA, It is understood and agreed that this settlement is the compromise of a doubtful and disputed claire, and that the payment made is not to be construed as an admission of liability oil the part of tine party or parties hereby released, and that said releases deny liability theretor and intend merely to avoid litigation and buy their peace. It is further understood in(] 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 c,laainas not affected by general release. A general release does not extend to claints which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by hinr 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 uncelnain and indefinite and in making this Release it is understood and agrced, that the undersigned rc:ly(ies) wholly upon the undersigned's judgrnent, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor and k made without reliance upon any statement or representation of the party or parties hereby re-leased or their representatives or by any physician or surgeon by there employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been rade 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 nacre recital. 1 hereby represent that at the time I sign this Release, I am not hospitalized ill a medical facility nor was I admitted to a medical facility within the pa ,t 15 days. 'I'IIf" I NDt RSIGNF,D HAS RFAD THE .ABOVE AND f t1FTIN U ND£RSTAN )s rr'I'o BE A FULL .AND FINAL RELEASE OF AH, CLAINiS. fi r c' aTubliJs — day of stgt atrrre � W.. Address ol­Ritnc5s �� Si�natr:rc. wilness to signatiir0_e'V"_ _ For your protection California law requires the following to appear oil tits;, form. Any person who knowingly presents a false or fraudulent claire for [lie payment of a loss is guilty of a crime and May be subject to Tures and Coll finc�;nient ill state prison. ;tate of County of Before Ine this 1. day of ACKNOWLEDGMENTUNDER OATH }SS ._. catme known to ere to be the, individual who executed this release, and acknowledged that _ c.orrtcnl:S and freely c°xecuted saame, for the sole consideration therein expressed. CARL WARRE & CO (AV file: 1929842 FEB 18 2015 SANLUIS OBISPO, CA fully understood its Notary Public t -1x072