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HomeMy WebLinkAboutReso - CC - 044-1976RESOLUTION NO. 44 - 76 RESOLUTION AUTHORIZING EXECUTION OF FINAL RELEASE AND SETTLEMENT OF ALL CLAIMS (CITY OF BURLINGAME v. SORENSEN & MARSH, INC.. ET AL.) RESOLVED, by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND DETERMINE as follows: 1. The public interest and convenience require execution of the Final Release and Settlement of all Claims cited in the title above. 2. The City Manager be and he is hereby authorized to sign said Final Release and Settlement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 17thday of May, 1976, and adopted thereafter by the following vote: AYES: COUNCILMEN: Crosby-Harrison-flangini-Martin NOES: COUNCILMEN: gone ABSENT: COUNCILMEN: Amstrup City/ Clerk R WW- 76/ FINAL RELEASE AND SETTLEMENT OF ALL CLAIMS CITY OF BURLINGAME Know All men + �p�erern#, that We and each of being of full age, for the sole consideration of Three thousand and five hundred dollars and GOODYEAR TIRE & RUBBER CO., KING BROTHERS IND- 00/100 ($3, 500 ollars to US paid by USTRTES MUNKnAT,E BROTHERS, INC SORENSEN & MARSH, INC. the receipt whereof is hereby acknowledged, do hereby release, acquit and discharge the said GOODYEAR RUBBER & TIRE CO., KING BROTHERS INDUSTRIES MUNKDALE BROTHERS, INC-, SORENSEN �+-nd all other persons and entities from all claims and demands, actions and causes of action, damages, costs, lo-fservice, expenses and compensation on account of or in any way growing out of property damage and personal injuries whether known or unknown, expected or unexpected, resulting or which may result from an accident that occurred on or about the? 3rd day of February , 1975, at or near Rurlina}ama, California by reason of an occurren „ Court � act o l��S7S and do herebyfor myself, my heirs, �'�rMUNKDALE BROS. , INC, SORENS e'Xes,�RSH, INC. executors and administrators, covenant with saidG00DYEAR TIRE & RUBBER CO. , KING BROTHERS GOODYEAR TIRE & RUBBER CO., KING INDUSTRIES to indemnify and save harmless the said BROTHERS INDUSTRIES, MUNKDALE BROS . , INm all claims and demands for damages, costs on account of, or in any way growing out of said accident or its results, both to person or property. It is further agreed that this release expresses a FULL, FINAL AND COMPLETE SETTLEMENT of liability claimed and denied and, regardless of the adequacy of the compensation, is intended to avoid litigation, and that there GOODYEAR TIRE & RUBBER CO., KING BROTHERS is absolutely no agreement on the part of sa' NDUSTRIES , MUNKDALE BROS . , INC . , SORE1g6SAJJ, & MARSH, any payment or to do or refrain from doing any act or thing other than is herein expressly stated and clearly agreed to. INC. All rights given by Section 1542 of the Civil Code of California, which is quoted below, are waived by the undersigned. JVjttte,S,,g hand S this e i g h t e e n t h day of May in the year our nineteen hundred and seventy-six. CITY GF BURLINGAME In the presence of �� �" . / B , ity Clerk City Mana `e CIVIL CODE 1542: "A general release does not extend to claim 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." FORM 6XD18