HomeMy WebLinkAboutAgr 2008-09-22 (Rita Richcreek)
RELEASE OF ALL CLAIMS
KNOW ALL PERSONS BY THESE PRESENTS:
The Undersigned, Rita Richcreek being of lawful age, for sole
consideration of Seven Hundred Sixtv and no/l00 Dollars ($760.00) does hereby and for
her heirs executors, administrators, successors and assigns release, acquit and forever
discharge the Town of Tiburon and 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 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 and property damage and
the consequences thereof resulting or to result your purchase 0 32 Marsh Road, Tiburon,
CA, which your purchased from the Town of Tiburon in October of2005. The undersigned
understands and agrees 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 therefore
and intend merely to avoid litigation and buy their peace.
It is further understood and agreed that all rights under Section 1542 ofthe 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 further declares and represents 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:
Section 556. False or fraudulent claim; penalty. 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 subscribed 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. (Stats., 1935, c. 145, p. 511, Section 556).
Release of AU Claims
The Town shall pay the aforesaid consideration to Rita Richcreek within 30 days of the
retum of this document, signed and notarized, to the Town of Tiburon, 1505 Tiburon
Boulevard, Tiburon CA 94707.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
Signed, sealed and delivered thisll day of
2008.
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~ION: AD BEFORE SIGNING BELOW
~ , ~(fZc;;)
Rita Richcree, laimant
STATE OF ~eJ )
COUNTY OF /tI(~ )
On ~k~ 21-, 2008, before me, I~
(tL~HB, TITLL or ornCLR KC., "JMj.g BOE,
appeared I4f-;y ~k
SIOHCR(S"
&~Tc
OTARY PUBLI " personally
~V\ME(S) Of
DF""rcrmo') J1~r lrnrmm fA mg Qr ~proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person( s) acted, executed the instrument.
WITNESS my hanJ:;~ o~al seal. .
Signature I' I~~
SIGNATURE OF NOTARY /'.
Number / >.("/1';5"
~------------
. DIANE CRANE IACOPl
_ Commission" 1551995 ~
i ,.. Notary Public . California ~
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Release of All Claims