HomeMy WebLinkAboutContracts & Agreements_172-2017 PROPERTY RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS
That Jill Perez,hereinafter sometimes referred to as the"Undersigned,"being of lawful age,for the sole consideration
of sixty three thousand five hundred seventy one dollars and ninety cents($63,571 90)paid by the City of Redlands
to the Undersigned, the receipt of which is hereby acknowledged, does hereby and for the Undersigned s heirs,
executors, administrators, successors and assigns release,acquit and forever discharge the City of Redlands and its
elected officials, officers, employees, agents and successors (the "Releasees ), 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 or which may hereafter accrue on account of,or in any way growing out
of, any and all known and unknown, foreseen and unforeseen real property damage, and the consequences thereof,
resulting from the accident,casualty or event which occurred on or about the 18th day of May, 2017 at or near 1224
Herald St, Redlands, CA 92374 and which is the subject matter of the governmental claim filed with the City by the
Undersigned on 1 st day of June, 2017
Summary of Property Damage Invoices Outstanding,
Expense Contractor Invoice# Amount
Asbestos Abatement/Mold Remediation
(in the amount of$20,548 95 of which
$14,121 00 has already been paid to American Technologies, Inc 9C4-61-13905 $6,42795
Jill Perez on 06/15/17 leaving a balance of
$6,42795)
Remodel&Restoration Services American Technologies,Inc 42022155 $38,68724 .
1 Contents Removal and Storage PadgetYs Cleaning&Restoration #PEREZRED-CGN $15,59330
Environmental Testing Envirocheck #142364 $2,01500
Water Damage Restoration SERVPRO #5093682 $84841
From the outstanding invoices as of August 1,2017, the total outstanding balance Is$63,57190
The above sum stated sixty three thousand five hundred seventy one dollars and ninety cents ($63,571 90) as
consideration for this Release, is to be paid to Jill Perez It is understood and agreed that this Release constitutes
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 the Releasees deny liability therefor and intend
merely to avoid litigation
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 or her favor at the time of executing the release, which if
known by him or her must have malenally affected his or her settlement with the debtor"
n"
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The Undersigned further declares and represents that no promise, inducement or agreement not herein expressed
has been made to the Undersigned, and that this Release contains the enure agreement between the Undersigned
and the City of Redlands, and that the terns of this Release are contractual and not a mere recital Any prior oral or
written agreements related to the subject matter hereof are superseded by this Release and incorporated herein This
Release may not be modified except by written document signed by the Undersigned and the City of Redlands
The Undersigned further declares and represents 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 Undersigned
and the City of Redlands and that the terms of this Release are contractual and not a mere recital Any prior oral or
written agreements related to the subject matter hereof are superseded by this Release and incorporated herein This
Release may not be modified except by written document signed by the Undersigned and the City of Redlands
This Release is governed by and construed in accordance with the laws of the State of California FOR YOUR
PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM
"IT IS UNLAWFUL TO
(A) PRESENT OR CAUSE TO BE PRESENTED ANY FALSE OR FRAUDULENT CLAIM FOR THE
PAYMENT OF A LOSS UNDER A CONTRACT OF INSURANCE
(B) PREPARE, MAKE, OR SUBSCRIBE ANY WRITING WITH INTENT TO PRESENT OR USE THE
SAME, OR TO ALLOW IT TO BE PRESENTED OR USED IN SUPPORT OF ANY SUCH CLAIM
EVERY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS PUNISHABLE BY
IMPRISONMENT IN THE STATE PRISON NOT EXCEEDING THREE YEARS OR BY FINE NOT
EXCEEDING ONE THOUSAND DOLLARS,OR BY BOTH"
In the event any action is commenced to enforce or interpret the terms or conditions of this Release the prevailing
party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees,
including fees for use of in-house counsel by the Party
The Undersigned represents and warrants that there has been no assignment or other transfer of any interest in any
claim which the Undersigned may have against the Releasees and the Undersigned shall defend,indemnify and hold
the Releasees harmless from any liability, demands, claims, damages, costs, expenses and attorneys fees incurred
by the Releasees as a result of any person asserting such assignment or transfer
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT
Signed, sealed and delivered this f day of Auaust 2017
C TIO READ BEFOR ELOW
LS
Perez
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