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HomeMy WebLinkAboutContracts & Agreements_41-2007_CCv0001.pdf RELEASE IN FULL OF ALL CLAIMS 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 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$1,000 or both. KNOW ALL MEN BY THESE PRESENTS: That, the City of Redlands, for and in consideration of the sum of FIFTEEN THOUSAND DOLLARS ($15,000), does hereby release and forever discharge and by these presents does for itself, its successors and assigns, release and forever discharge DENNIS ARNOLD and UNITED SERVICES AUTOMOBILE ASSOCIATION, their agents, servants, employees,officers, directors and successors, affiliates and assigns, and/or their associates, heirs, executors and administrators and all other persons, firms or corporations of and from any and every claim, demand,right or cause of action arising out of or in any way connected with that certain incident, including, but not limited to, all injuries,deaths, worker's compensation benefits paid to date or to be paid in the future, loss of services and consortium and property damages, resulting therefrom, which occurred on or about 4-14-04, and by virtue of the alleged facts in the complaint on file in the Superior Court of the State of California, County of San Bernardino, entitled City o Redlands v. Dennis Arnold Case No. SCVSS 136445 c/w SCVSS 136793, and the City of Redlands hereby releases and forever discharges DENNIS ARNOLD. AS FURTHER CONSIDERATION AND INDUCEMENT FOR THIS COMPROMISE SETTLEMENT AND PAYMENT, IT IS EXRESSLY WARRANTED AND AGREED: 1. That this is a full and final release of any and all claims arising out of said incident and expressly includes, but is not limited to, all unknown and unanticipated injuries, deaths, loss of services and consortium, and damages resulting from said incident, casualty or event, as well as those not disclosed. 2. That this is a compromise settlement of a doubtful and disputed claim and that the payment of the consideration for this release shall not be deemed or construed as an admission of liability on the part of any and all of the parties herein released,but on the contrary, any such liability is expressly denied. 3. That in executing this release, the City of Redlands hereby waives all rights and benefits which it now has or in the future may have under and by virtue of the terms of Section 1542 of the Civil Code of the State of California, which section reads as follows: "A general release does not extend to the 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." 4. That the undersigned will indemnify and hold harmless the party or parties released hereby from any and every claim or demand, of every kind or character which may ever be asserted by reason of said injuries, illness or disease or the effects or consequences thereof or damage to property or person, including any and all liens for medical or legal services provided. 5. That this Release shall not act, nor is it intended to act, as a retraxit. The City of Redlands hereby expressly waives the provisions of sections 426.10 and 426.30 of the California Code of Civil Procedure and, by this waiver, agrees that this release or any dismissal, with or without prejudice, of any action brought by me on account of any claim arising out of the incident or occurrences involved herein, shall not release or be a bar to the prosecution of any action now pending or to be brought in the future against the City of Redlands by any person, firm, corporation or other entity released hereunder. THE UNDERSIGNED HAS READ AND UNDERSTANDS THE TERMS AND NATURE OF THE FOREGOING RELEASE AND WARRANTS THAT THE RELEASE CONTAINS THE "ENTIRE AGREEMENT"BETWEEN THE PARTIES HERETO AND NO PROMISE, INDUCEMENT OR AGREEMENT NOT EXPRESSLY CONTAINED HEREIN HAS BEEN MADE. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of March 2007. THIS IS A RELEASE IN FULL. J— M or, City of Redlands ATTEST. L e Poyze:., ty Clerk Page 1 of 1 Teresa Ballinger From: Janice McConnell Sent: Monday, March 05, 2007 1:04 PM � To: Teresa Ballinger Cc: Dan McHugh . Subject: RE: Dennis Arnold release of all Claims document t c2 Teresa, contraA) I forgot key word "not". Arnold does not need to sign. Janice From: Janice McConnell Sent: Monday, March 05, 2007 1:02 PM To: Teresa Ballinger Cc: Dan McHugh Subject: RE: Dennis Arnold release of all Claims document Teresa, Arnold does need to sign, only the Mayor. Janice From: Teresa Ballinger Sent: Monday, March 05, 2007 11:45 AM To: Janice McConnell Cc: Dan McHugh Subject: Dennis Arnold release of all Claims document Janice I have the two originals. However, Mr. Arnold has not signed these documents. Is he supposed to? If so, can he sign before tomorrow's meeting? Teresa x7434 3/6/2007