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Home My WebLink AboutAgr 2006-04-10 (Main Street Properties) RELEASE OF ALL PROPERTY DAMAGE CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, Main Street Properties ("Releasor"), being of lawful age, for sole consideration of Town's performance of the Work described below, does hereby, for ourselves and our heirs, executors, administrators, successors and assigns, release, acquit, and forever discharge the Town of Tiburon and its representatives, heirs, executors, administrators, trustees, successors, affiliates, subrogors, subrogees, assignors, assignees, subsidiaries, parent corporations, agents, employees, officers, directors, attorneys, council members, firms, associations, and insurers (hereafter collectively "Releasees ") from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, liens, attorneys' fees, expenses and compensation whatsoever, which the Releasor now has or which may hereafter accrue on account of, or in any way growing out of or stemming from any and all known and unknown, foreseen and unforeseen property damage, as well as the consequences thereof resulting or to result from, the flooding event which occurred on or about December 31, 2005, at or near 46 Main Street, Tiburon, California. The Work shall consist of the following: The Town will construct a strip drain across the entire frontage of the building at 46 Main Street in Tiburon. This drain will be designed to intercept water coming from the street frontage into the building. The drain will collect said water and deposit it into the street gutter fronting this property. It is understood and agreed that this settlement is in lieu of a claim, and that the work completed is not to be construed as an admission of liability on the part of the Releasees. 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: "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." This settlement is intended to, and the Releasor warrants, that they will dispose of all liability of the Releasees to the Releasor and to all and each of the heirs, executors, administrators, and assigns of Releasor as a result of the property damage claimed by the undersigned involving the occurrence referred to above. Should any further property damage claim be made by any person or entity to which the parties released are liable, directly or indirectly, as a result of the filing of a lawsuit or claim by the Releasor involving the property damage occurrence referred to above, the Releasor on behalf of ourselves and our heirs, executors, administrators, and assigns of the Releasor, agrees to and will hold harmless and indemnify the parties released of and from any and all liability for such claim, including all costs, expenses and attorneys' fees in defending such claim. The Releasor hereby declares and represents that the property damage sustained is or may be permanent and progressive and that recovery there from is uncertain and indefinite and in making this Release, it is understood and agreed that the Releasor relies wholly upon the Releasors judgment, belief and knowledge of the nature, extent, effect and duration of said property damage and liability therefor and is made without reliance upon any statement or representation of the parties hereby released or their representatives. The Releasor further declares and represents that no promise, inducement or agreement not herein expressed has been made to the Releasor, 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. THE UNDERSIGNED RELEASOR HAS READ THE FOREGOING RELEASE AND FULL Y UNDERSTANDS IT. Main Street Properties B~~~ Its: raC:S-€_C--\ fV\A~~.~;=7 N c~ V'\/M ~A5-e<<-- Date: 1-1-/0 .- 0 6 Notary: c:. 0~ ~~Lc~ ~ em p~)~ ~~~-=t Approved as to form: Town Attorney 555.14807/46 MAIN STREET, RELEASE BY OWNERS -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~ . State of California County of JJ\ {j 9-\ ~ on~, before me, Date ~1 personally appeared JJ,. 0 I, I I- I, I- } ss ~J Q ~~.~ -S< Name ,a, n. d Tille of Officer (e.g.. "Jane Doe. Notary Public") ~ u-<:: C---:J Name(s) of Signer(s) -B1fersonally known to me o proved to me on the basis of satisfactory evidence to be the person.(s1 whose name~ is/.fiU:e- subscribed to the within instrument and acknowledged to me that he/s1ge/they executed the same in his/her/t1.eir authorized capacity(.i.es1, and that by his/~cr/thcir- signature~) on the instrument the person(9)~ or the entity upon behalf of which the person(s) acted, executed the instrument. ~E. SS, my h. and and official se.a. I. ~O 0 ~ Signature of Notary Pubiic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. OPTIONAL ,I .J " J 'I -J Sj~~T ~: :l I' I, I- I' Place Notary Seal Above I, i' I- I- I 1 I I Oescri ption of AttachediPqcu ment ~ Title or Type of Document: ~ ~ Document Date: Y ( (0 I 0 l? r,,~ Number of Pages: Lu- CAS I, I. I, Signer(s) Other Than Named Above: Top of thumb here ST~€-T p Co pc;-e. Tr Vev~r~T(e:5 ~ Capacity(ies) Claimed by Signer Signer's Name: G A f: \.f o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator ~Other: AGe? Ni 0 F Signer Is Representing: ~,-I\ u~ (v\f\ \ ~ ,s-ref-t;'T C 1999 National Notary Association' 9350 De Solo Ave., P.O, Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod. No. 5907 -~ Reorder. Call Toll-Free 1-800-876-6827 I- ~- , :Y.' ~ 'I .1 " ,} .J .j ,I .J ,I 'J ,I 'I ., 'I -I -I RELEASE OF ALL PROPERTY DAMAGE CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, Nicole Grey ("Releasor"), being of lawful age, for sole consideration of Town's performance of the Work described below, does hereby, for herself and her heirs, executors, administrators, successors and assigns, release, acquit, and forever discharge the Town of Tiburon and its representatives, heirs, executors, administrators, trustees, successors, affiliates, subrogors, subrogees, assignors, assignees, subsidiaries, parent corporations, agents, employees, officers, directors, attorneys, council members, firms, associations, and insurers (hereafter collectively "Releasees") from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, liens, attorneys' fees, expenses and compensation whatsoever, which the Releasor now has or which may hereafter accrue on account of, or in any way growing out of or stemming from any and all known and unknown, foreseen and unforeseen property damage, as well as the consequences thereof resulting or to result from, the flooding event which occurred on or about December 31, 2005, at or near 46 Main Street, Tiburon, California. The Work shall consist of the following: The Town will~onstruct a strip drain across the entire frontage of the building at 46 Main Street in Tiburon. This drain will be designed to intercept water coming from the street frontage into the building. The drain will collect said water and deposit it into the street gutter fronting this property. It is understood and agreed that this settlement is in lieu of a claim, and that the work completed is not to be construed as an admission of liability on the part of the Releasees. 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: "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." This settlement is intended to, and the Releasor warrants, that she will dispose of all liability of the Releasee to the Releasor and to all and each of the heirs, executors, administrators, and assigns of Releasor as a result of the property damage claimed by the undersigned involving the occurrence referred to above. Should any further property damage claim be made by any person or entity to which the parties released are liable, directly or indirectly, as a result of the filing of a lawsuit or claim by the Releasor involving the property damage occurrence referred to above, the Releasor on behalf of herself and her heirs, executors, administrators, and assigns of the Releasor, agrees to and will hold harmless and indemnify the parties released of and from any and all liability for such claim, including all costs, expenses and attorneys' fees in defending such claim. The Releasor hereby declares and represents that the property damage sustained is or may be permanent and progressive and that recovery there from is uncertain and indefinite and in making this Release, it is understood and agreed that the Releasor relies wholly upon the Releasors judgment, belief and knowledge of the nature, extent, effect and duration of said property damage and liability therefor and is made without reliance upon any statement or representation of the parties hereby released or their representatives. The Releasor further declares and represents that no promise, inducement or agreement not herein expressed has been made to the Releasor, 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. THE UNDERSIGNED RELEASOR HAS READ THE FOREGOING RELEASE AND FULL Y UNDERSTANDS IT. Releasor: Date~ 0 /0 Cp , Notary: . G I 555.14807/46 MAIN STREET. RELEASE BY TENANTS -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~ . State of California County of f\~ 1\ (:!- ( ~ } SS. G-A\L {\ ST\ f\\F Name and Tille of Officer (e.g.. "Jane Doe. Notary Public") G f.?-c:- 'f Name(s) of Signer(s) ~ersonally known to me y'proved to me on the basis of satisfactory evidence to be the person~ whose name.e.sr is/CFe' subscribed to the within instrument and acknowledged to me that ~/she/1b-ey executed the same in J:H5'/her/tl:l-etr authorized capacity(les-), and that by b-isther/t.betr signatureWon the instrument the person(8); or the entity upon behalf of which the person(,s1 acted, executed the instrument. ESS my hand and official seal. ~Q~~~ Signature of Notary Public On \\f~, L \ y) .:to(:J~ before me, Date \\ \ personally appeared J\) l C. c) L C @ GMA.11INE CommIuIon # 1441190 Notary PublIc - CaMxnIa MmJn eo.nv Mveomm.....IlpU.200 Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I, I I, I Description of Attached,J)ocument Title or Type of Docl;lment: \< f LFf\ "S E DY[ \~l oL:, Dr f\LL f> r{O f'Ey( -C 'i 'J:> A f/\. P. G-E C!-. LA \ Iv\- 5- :l Document Date: Signer(s) Other Than Named Above: I- I I- I' I, I Capacity(ies) Claimed by 5.ianer _ Signer's Name: N Leo LL ..!d1ndividual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Number of Pages: G-~ t Y Signer Is Representing: :SELF- Top of thumb here C 1999 Nalional Notary Association. 9350 De SOlo Ave.. P.O. Box 2402. Chatsworth. CA 91313-2402' www.nationalnotary.org Prod. No. 5907 'I ,I ,I 'i ,I -I -I .1 -~ Reorder: Call Toll-Free 1-800-876-6827 I- ~. :Yo' ~ ,I I 'I 'J I ,I ,I .1 'J ., 'j 'I -I ,I -I ,I '1 ,I ~ ,I ,I , ~ ,I ,I .i