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HomeMy WebLinkAboutContracts & Agreements_172A-2017 PROPERTY RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS That Daniel 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 1st day of June,2017 Summary of Property Damage Invoices Outstanding Expense Contractor Invoice# Amount Asbestos Abatement/Maid 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 Contents Removal and Storage Padgett's Cleaning&Restoration #PEREZRED-CGN $15,59330 Environmental Testing Envirocheck #142364 $2,015 00 Water Damage Restoration SERVPRO #5093682 $84841 From the outstanding invoices as of August 1, 2097, the total outstanding balance is$63,571.90. 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 Daniel 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 materially affected his or her settlement with the debtor" Initials Page 1 of 2 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 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 1T 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 attomeys' 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 day of Auaust 2017 CAUTION READ BEFORE SIGNING BELOW LS p - Initial Page 2 of 2