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HomeMy WebLinkAboutContracts & Agreements_74-2006_CCv0001.pdf RELEASE OF PROPERTY DAMAGE ONLY KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being of lawful age, for the sole consideration of the sum of TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) to the undersigned in hand pain, receipt whereof is hereby acknowledged, do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge Gerald John Zeller and his, her their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships 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/have or which may thereafter accrue on account of or in any way growing out of any and all known and unknown property damage and the consequences thereof resulting or to result from the accident, casualty or even which occurred on or about the 13th day of April, 2004, at or near State Street, east of Center, City of Redlands, California. It is understood and agreed that this settlement is 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 said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. 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." THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 18thdayof April 2006. CITY OF REDLANDS Witness :r By: 0 ;------------ -Jon Harrison Title: Mawr City C r RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being of lawful age, for the sole consideration of the sum of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00) to the undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge Gerald John Zeller and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships 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/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, workers' compensation benefits, whether paid to date or not, and the consequences thereof, and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 13th day of April, 2004, at or near State Street, east of State Street, east of Center, City of Redlands, California. The undersigned declare(s) that there are no liens of any sort, and in particular no lien for any health care provider and/or governmental entity arising out of the subject incident. The undersigned further declares, guarantees and agrees, to pay and satisfy any and all liens, should there be any, whether currently known or unknown, and to fully protect, defend and hold harmless releasees, Gerald John Zeller and Wawanesa General Insurance, and the law offices of Klute&Newton, LLP, from any and all such liens. The undersigned further declare(s) that they fully understand that the releasees Gerald John Zeller, Wawanesa General Insurance and the law offices of Klute & Newton, LLP, are relying fully and completely on the declarations of the undersigned, and their representations regarding the issue of liens. It is understood and agreed that this settlement is 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 said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. 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 favor at the time of executing the release, which if known by him 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 uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, affect and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) 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 parties hereto, and that the terms of this Release are contractual and not a mere recital. 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." THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 18thday Of—April 2006. Attest: CITY OF REDLANDS By: Lore P6yze ,/ i y Clerk _� n Harrison Title: Mayor DATED: 2006 RICHARD JOSEPH BARNES Witness Witness 2 IU:18 FAX 9512759249 LJDFA 0004 RELEASE OF ALL CLAMS For and in consideration of the payment of the sum of Two Hundred Fifty Thousand and No/100 Dollars($250,000.00),the receipt and sufficiency of which is hereby acknowledged, WE, RICUARD ORBAKERAND JAN ORBAKER,individually and jointly,do hereby release',acquit, and forever discharge THE CITY OF REDLANDS and RICHARD JOSEPH BARNES, and their employees, agents, representatives, servants, attorneys, assigns, firms, and/or insurance companies, (hereinafter referred to as "the parties hereby released"), from any and all actions, causes of action, claims,demands, damages, costs, loss of services, expenses, and compensation, of whatever description, which we ever had, now have, or may hereafter may possess and/or acquire against the parties hereby released on account of, or in any way arising and/or growing out of a motor vehicle accident, occurrence, incident, happening and/or event, which occurred on or about April 13, 2004, at or, near 617 West State Street, Redlands, California (hereinafter referred to as "the incident"), including, but not limited to, any personal injury and/or damage to our property, whether known or unknown, which we may have suffered as a result thereof_ This Release of All Claims extends to and includes all causes of action asserted, or that could have been asserted, by us in that certain civil action entitled Richard Orbaker and ,Tari Orbaker, etc, V, Richard Joseph Barnes, et al., pending in the Superior Court of the State of California for the County of San Bernardino, Case Number SCVSS 121584, and we hereby instruct our attorneys to provide the parties hereby released with a request for dismissal with prejudice of that civil action, and of any other civil action we may have filed againstthe parties i es hereby released arising out of and/or pertaining to the incident. It is mutually understood and agreed that all rights are hereby expressly waived regarding car ug Section 1542 of the!Civil Code of California, which provides "A general release does not extend to 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. We hereby declare and represent that we understand that any injuries sustained by either of us as a result of the incident may be permanent and progressive and that recovery therefrom is uncertain and indefinite, and in making this Release of All Claims, it is understood and agreed, that we rely solely upon our own judgment, belief, and knowledge of the nature, extent, and duration of said injuries, and damages, and that we have not been influenced to any extent whatsoever in roaking this release by any representations or statements made by the parties hereby released regarding the nature and extent of said injuries and damages, and/or the duration of said ur injuries and damages- FAX 9512759249 L_DFA We hereby declare and represent that we have executed this Release of All Claims after having received full Iegal advice as to our rights from our attorneys of our own choosing. It is further understood and agreed that this Release of All Clazzzts zs a settlement and compromise of a doubtful and disputed claim, and that the payment Of the considezatiort sued herein-above is not to be construed as an admission of liability on the part of the parties Hereby released, by whore liability is expressly denied. This Release of All Claims contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this Release of All Claims are contractual and are not mere recitals. We further state that we have carefully read this Release of All Claims in its entiretyd know the its contents, and the same is hereby signed by us of our own free wilanl, and of our own free consent, DATE ?006 I IC ARD OR 3AKER LATE: � 2006 F JAN( RB of All Claims: For your protection, California.law 11 requires the following to appear on this Release (a) It is unlawful to: (1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss, including payment of a loss under the contract of insurance. (2) Knowingly present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer, with an intent to defraud. (3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the Purpose of presenting any false or fraudulent claire. (4) Knowingly prepare, make, or subscribe any writing, with intent to present or use the same, or to allow it to be presented in support of any such claire, (b) Every person who violates any provision of this section is punishable by imprisonment in the ,state prison for two, three, or four years, or by fine not exceeding Ten Thousand Dollars ( 10,OQQ), or by both. RELEASE OF PROPERTY DAMAGE ONLY KNOW ALL MEN BY THESE PRESENTS- That the undersigned, being of lawful age, for tI THOUSAND FIVE HUNDRED AND NO/100 DOLT hand pain, receipt whereof is hereby acknowledged, executors, administrators, successors and assigns rele John Zeller and his, her their, or its agents, servants, s, and all other persons, firms, corporations, association claims, actions causes of action, demands, rights, dan compensation whatsoever, which the undersigned nov on account of or in any way growing out of any and and the consequences thereof resulting or to result f occurred on or about the 13th day of April, 2004, at Redlands, California. It is understood and agreed that this settlement is the compromise o, a 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 said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. 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." THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 18thdayoft) _Aril ,_1 2006. CITY OF REDLANDS Witness By: Jon P-/ C,ty CHarrison ?V, Title: May " _ r or--, iv RELEASE OF ALL CLAINIS KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being of lawful age, for the sole consideration of the sum of ONE HUNDRED THOUSAND SNL} NO/100 ($100,000.00) to the undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge Gerald John Zeller and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships 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/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, workers' compensation benefits, whether paid to date or not, and the consequences thereof, and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 13th day of April, 2004, at or near State Street, east of State Street, east of Center, City of Redlands, California. The undersigned declare(s) that there are no liens of any sort, and in particular no lien for any health care provider and/or governmental entity arising out of the subject incident. The undersigned further declares, guarantees and agrees, to pay and satisfy any and all liens, should there be any, whether currently known or unknown, and to fully protect, defend and hold harmless releasees, Gerald John Zeller and Wawanesa General Insurance, and the law offices of Klute&Newton, LLP, from any and all such liens. The undersigned further declare(s) that they fully understand that the releasees Gerald John Zeller, Wawanesa General Insurance and the law offices of Klute & Newton, LLP, are relying fully and completely on the declarations of the undersigned, and their representations regarding the issue of liens. It is understood and agreed that this settlement is 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 said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. 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 favor at the time of executing the release, which if known by him 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 uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature. extent, affect and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) 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 parties hereto, and that the terms of this Release are contractual and not a mere recital. 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." THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 18thday of Aril fi 2006. CITY OF REDLANDS Attest: By: Lor( �e Poyzi - —�, n Harrison e Poyze i y Clerk Title: Mayor DATED: 12006 RICHARD JOSEPH BARNES Witness Witness 2 LIGASE OF AL,L CLAIMS For and in consideration of the payment of the sum of Two Hundred Fifty Thousand and No/100 Dollars($250,000.0 ),the receipt and sufficiency of which is hereby acknowledged,WE, RICHARD ORBA .ER AND JAN ORBAKER,individually and jointly,do hereby release, acquit, and forever discharge THE CITY OF R:EDLANDS and RICHARD JOSEPH BARNES, and their employees, agents, representatives, servants, attorneys, assigns, firms, and/or insurance companies, (hereinafter referred to as "the parties Hereby releasee)"), from any and all actions, causes of action, claims,demands, damages, costs, loss of services, expenses, and compensation, of whatever description, which we ever had, now have, or may hereafter may possess and/or acquire against the parties hereby released on account of, or in any way arising andior growing out of a motor vehicle accident, occurrence, incident, happening acid/or event, which occurred on or about April 13, 2004, at or near 617 West State Street, Redlands, California (hereinafter referred to as "the incident"), including, but not /united to, any personal injury and/car damage to our property, whether /mown or u wn, which we may have suffered as a result thereof_ ya This Release of All Claims extends to and includes all causes of action asserted, or that could have been asserted, by us in that certain civil action entitled Richard Orbak:er and Jan Orbaker, etc. v, Richard Joseph Barnes, et a[., pending in the Superior Court of the State of California for the County of San Bernardino, Case Number SCVSS 121554, and we hereby instruct our attorneys to provide the parties hereby released with a request for dismissal with prejudice of that civil action, and of any other civil action we may have filed against the parties hereby released arising out of andlor pertaining to the incident. it is mutually understood and agreed that all rights are hereby expressly waived regarding Sectiotl 1542 of the Civil Code of California, which provides. "A general release does not extend to claims which the creditor does not blow or suspect to exist in his favor at the time of executing the release, which if knower by him must have materially affected his settlement with the debtor. i i We hereby declare and represent that we understand that any injuries sustained by either of us as a result of the incident may be permanent and progressive and that recovery therefrom is uncertain and indefinite, and in making this Release of All Claims, it is understood and agreed, that we rely solely upon our own judgment, belief, and knowledge of the nature, extent, and duration of said injuries, and damages, and that we have not been influenced to any extent whatsoever in making this release by any represeatations or statements made by the parties hereby released regarding the nature and extent of said injuries and damages, an /or the duration of said iijuries and dairiages- 03,'08,,2006 16:19 FA-k 9512759249 LJDFA We hereby der-lare and represent that we have executed this Release of All Claims after having received &11 legal advice as to our rights from our attorneys of our own choosing. It is further understood and agreed that this Release of All ClilMs is a settlement and Compromise of a doubtful and disputed claim, and that the payment of the consideration stated herein-above is not to be construed as an admission of liability on the part of the parties hereby released, by whom liability is expressly denied, This Release of All Claims contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this Release of All Claims are contractual and are not mere recitals. We farther state that we have carefully read this Release of All Claims in its entirety and know the its contents, and the same is hereby signed by us of our own free will, and of our own free consent, j/ DATE: . .,)006 RICITARD ORBAKER DATE: 2006 ;� � f; o4 JAN' ORBAkEk For your protection, California lau requires the fbllowlk�to appear on this Release of All Claims: (a) It is unlawful to: (1) Knowingly present or cause to be presented any fake or fraudulent claim for the payment of a loss, including payment of a loss under the contract of insurance. (2) Knowingly present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer, with an intent to defraud. (3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim. (4) Knowingly prepare, make, or subscribe any wTiting, with intent to present or use the same, or to allow it to be presented in support of any such claim. (b) Every person who violates any provision of this section is punishable by imprisonment in the state prison for two, three, or four years, or by fine not exceeding Tera Thousand Dollars (SIO,000), or by both,