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