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RELEASE OF-ALL CLAIMS
Plaintiff-in-intervention, CITY OF REDLANDS (hereinafter Releaser), and Defendants
HTKG DEVELOPMENT ASSOCIATES LIMITED PARTNERSHIP and HYATT QJRPDR/TT[)N and E8.
peu\ Fire @rMarine Insurance Company (hereinafter collectively Re|eeaees), desiring to compromise and
settle all of the Ra|aaan/s claims against F{eieaaees, either now accrued or which shall accrue in the
future, arising from, or reasonably /elated to the facto and circumstances set forth in San Mateo County
Superior Court Action Nos, 410972 and 411080 (hereinafter Action Cos. 410972/411069). hereby agree
as follows:
1� Reaome*o shall pay to Releasor the sum of $20,000.00 within 30 days of Releasees'
receipt ofthe fully executed Settlement Agreement and Release.
2. Releasor does hereby forever na|ease, acquit and discharge Releasees and their
insurance companies from any and all rights of action, claims and demands whatsoever arising out of any
act or thing done or omitted to be done by Re|easees, induding, but not |inniLod to, rights of action, claims
and demands for any and all loss and/or damage of any type or noture, whether know or not, which may
hereinafter develop by reason of any act or thing done or omitted to be done by Releasees. This Release
is expressly intended to discharge not only Re|easees, but also each and all of their e/np|oyees, egente,
officers or diractora, pnadeceaso/a, suooessory, portnero, subsidioriey, affiliates and related enddes,
aasigns, representatives and heirs and all other entidea, whether known or unknown in any and all
capacities. All other references in this release to Releasees shall be read as referring to all such persons
and entities.
1 Uisexpressly understood and agreed that this Release extends to all Re|eeaor's c\a|ms,
whether known or unknovvn, which arise out of, result from, or are connected with the facts and
circumstances as set forth in Action Nos. 410972/411069, and this Release shall terminate and foreclose
forever any difference which may exist between Releaser and Releasees on account of any losses and/or
insurance policies under which Releasor may receive payments or insurance cmvansgo from Re\eamaes,
or any of them. This is a full and final release of any and all claims described as aforesaid. and Releasor
agrees that this Release shall apply to all unknown, unanticipated, unsuspected and undisclosed o|a|mo,
demands, iiabi{ides, actions or causes of action, as well as those which are now known, anticipated,
suspected ordisclosed.
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4� Releasor expressly warrants that no compensation uorher, medical uurher, retirement
board, and/or employer, past or present, is interested in, or has any claim arising out of, resulting from, or
connected with the incident referred to in Action Nos. Nos, 410972/411869. that Releasor is the only one
entitled to prosecute its separate actions, that Releasor has not assigned in whole or in part, any potential
cause which could be asserted in any action brought based upon said incident to any other person or
endh/. and Releasor expressly agrees to Uefend, indemnify and hold Releasees hann|*se for any
damages, loss orclaims resulting from the breach ofany term ofthis paragraph.
5, IN MAKING THIS SETTLEMENT, RELEASOR EXPRESSLY WARRANTS THAT IT
ODES NOT RELY ON ANY REPRESENTATION OR STATEMENT REGARDING ANY RIGHT OF
ACTION, CLAIM OR DEMAND WHATSOEVER MADE BY RELEASEES AND/OR ANY INSURER,
G. This Release ienot anadmission ofliability byReleasees. The terms are contractual, not
a mere /*cibo|. This Release constitutes the entire agreement between Releasor and Releasees and
integrates and supersedes all prior understandings, agreements, stipulations and orders. This Release
may not b* altered, onoended, modified, nrotherwise changed except byawriting duly executed by the
parties hereto, or their respective legal representative or successor in interest.
7 Releasor expressly waives any and all righty under Section 1542 of the Civil Code of
California, which provides:
Ageneral release does not extend hoclaims which the creditors does not
know orsuspect toexist inhis favor atthe time ofexecuting the Release
vvhioh, if known to hinn, must have materially affected his settlement with
the debtor.
Q, For your protections, California law requires the following to appear in this Agreement:
ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR
FRAUDULENT CLAIM FOR THE PAYMENT OFALOSS \SGUILTY OF
ACRIME AND MAY BE SUBJECT TOFINES AND CONFINEMENT |N
STATE PRISON.
8. Releasor expressly warrants that no pleading based upon said accident has been filed by
them, on their behalf, or in the o|ternative, that they have authorized or directed their attorneys of record
to file a dismissal with prejudice of any and all such pleadings.
10. Releasor expressly warrants that no other person or entity has any limn upon, or any
interest in, any cause ofaction that could be asserted in any action brought by Releasor based on said
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accident, Releasor expressly agrees to defend, indemnify and hold harmless Releasees for any
damages, loss, or claims resulting from the breach of any term of this paragraph.
11. Releasor expressly warrants and agrees that it has read this Release in its entirety, that it
is entering into this settlement of its own will and intends to release and discharge, and does not intend to
reserve, any right of action, claim or demand whatsoever against each other.
12� Releasor executes this Release with full knowledge of its significance and with all of the
express intention ofeffecting its legal consequences,
THE CITY OFREOLANDGHAS CAREFULLY READ AND UNDERSTAND THIS RELEASE AND
SIGN |TFREELY AND WITHOUT RESERVATION.
DATED: Oct. 2, 2001
CITY DFREDLANDS.
Byits authorized representative,.the
Mayor ofthe City ofRed|andG
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on October 2,
2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
I Xj personally known to me - or - f I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
NVI 0 F
LORRIE POYZER, CITY CLERK
RPON
By._Z&J_'
1888
Beatrice Sanchez, Deputy City Cler
(909)798-7531
Z/ /P � �0RW1k
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document, Release of All Claims - HTKG Development Associates Ltd. et al
Date of Document: October 2, 2001
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The ' for abs��� that are D�� � Re|eauorhereinobovo We have
reviewed ov: foregoing Release and each and every one of its provisions, and have advised our client to
execute it, vvealso represent and warrant to Ro|easor, to the best cfour knowledge and belief, the
representations and warranties made in this Release of All Claims are, and willwillcontinue to be, true and
DATED: SEHEK4BE. BAKKE& SEAMAN