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HomeMy WebLinkAboutBevilacqua, Tom; 1991-01-07;6 * 0 GENERAL RELEASE AND SETTLEMENT OF CLAIM For the sole consideration of THIRTY THOUSAND DOLLARS ($30.000.00), TWENTY SEVEN THOUSAND ($27,000.00) from the CITY OF CARLSBAD; FIFTEEN HUNDRED DOLLARS ($1,500.00) from JAMES CHASE & ASSOCIATES; FIFTEEN HUNDRED DOLLARS ($1,500.00) from SANTA FE LANDSCAPE, the undersigned hereby releases and further discharges CITY OF CARLSBAD, JAMES CHASE & ASSOCIATES and SANTA FE LANDSCAPE and all related other persons, firms, corporations and business entities from any and all claims and demands, rights and causes of action of any kind the undersigned now has or hereafter may have on account of or in any way growing out of the subject incident which occurred on March 14, 1989, under San Diego Superior Court Case No. N 45288. Further, the undersigned does hereby agree to release any and all claims and demands, rights and causes of action of any kind that may now have arisen or hereafter may arise as a result of the above incident, and further agrees to hold CITY OF CARLSBAD, GAMES CHASE & ASSOCIATES and SANTA FE LANDSCAPE and all other related persons, firms, corporations and business entities harmless and to indemnify them for and against any claim, Worker's Compensation lien, other lien or debt which has arisen or may arise from the incident described herein, including, but not limited to all Worker's Compensation liens, medical liens and attorney liens of any type whatsoever. 1 - - * e This Release expresses a full and complete settlement of a liability claimed and denied on the part of all parties, regardless of the adequacy of the above consideration, and the acceptance of this Release shall not operate as an admission of liability on the part of any party hereto. All rights given by Section 1542 of the Civil Code of California, which is quoted below, are waived by the undersigned. CIVIL CODE SECTION 1542: "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. I' By signing this General Release, I intend to give up and discharge all rights and claims to damages to person and/or property even through some of such damages may not have shown themselves at the time of acceptance of this settlement. BY: 1- 7 - qj DATED: Litem to plaintiff BRANDYLIN HAYES BEVILACQUA APPROVED AS TO FORM: City Attorney ATTEST: