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Home My WebLink AboutC-9684-1 - Release of All Bodily Injury ClaimsBouvier, Linda Claim Number: 24-K000161 RELEASE OF ALL BODILY INJURY CLAIMS 1. The undersigned (herein referred to as "RELEASOR"), being of lawful age, for the sole consideration of SEVEN THOUSAND FIVE HUNDRED DOLLARS and 0/100 ($7,500.00), on behalf of him or herself, and his or her heirs, executors, administrators, successors, assignees, assignors, subrogees, subrogors, subsidiaries, agents, firms, associations, trustees, trustors, insureds, insurers, and any person or entity who may have a right, claim, or action on behalf thereof (the undersigned and all foregoing parties herein collectively referred to as "RELEASORS"), does hereby release, acquit, hold harmless, and forever discharge the City of Newport Beach and its representatives, heirs, executors, administrators, trustees, successors, affiliates, subrogors, subrogees, assignors, assignees, subsidiaries, agents, agents, employees, officers, directors, attorneys, council members, firms, associations, volunteers, and insurers (herein collectively referred to as "RELEASEES") from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, liens, attorneys' fees, costs, expenses and compensation whatsoever (herein collectively referred to as "CLAIMS"),- which RELEASOR now has, or may have, or which may hereafter accrue, arising out of, in connection with, related to, on account of or in any way growing out of or stemming from any and all known and unknown, foreseen and unforeseen, damage, as well as the consequences thereof resulting, or to result from, the damage, injury, incident, casualty, or event which occurred on or about 10/09/2023 at or near the North Bayfront Stairs on Balboa Island, Newport Beach, as more specifically referenced in the California Government Tort Claim presented by or on behalf of the RELEASOR received by the City on 3/11/2024 and amended California Government Tort Claim presented by or on behalf of RELEASOR dated 7/19/2024, which is incorporated herein by this reference. 2. It is understood and agreed that this release is a settlement and compromise of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part of RELEASEES. 3. RELEASOR hereby expressly waives all rights arising out of or related to unknown CLAIMS under any and all common laws or similar laws of any state or territory of the United States, including but not limited to, Section 1542 of the Civil Code of the State of California, which provides the following: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 4. This release is intended to, and RELEASOR warrants, that it will dispose of all liability of RELEASEES to RELEASORS as a result of the damage claimed by the undersigned involving the occurrence referred to herein. Bouvier, Linda Claim Number: 24-K000161 5. Should any CLAIMS be made by any person or entity for which RELEASEES may be liable, directly or indirectly, arising out of, related to, connected with, or involving the damage, injury, incident, casualty, or event identified herein, then to the extent such CLAIMS are based on or arise out of RELEASOR'S CLAIMS released herein, RELEASOR agrees to defend, indemnify, and hold harmless RELEASEES of and from any and all liability for such CLAIMS, including all damages, liabilities, costs, expenses, and including but not limited to, attorneys' fees in defending such CLAIMS. 6. RELEASOR hereby declares and represents that the property damage sustained is or may be permanent and progressive and that recovery therefrom is uncertain, speculative, and indefinite, and that in making this release it is understood and agreed that RELEASOR relies wholly upon RELEASOR's sole 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 party or parties hereby released or their representatives. 7. RELEASOR further declares and represents that no promise, inducement, or agreement not herein expressed has been made to 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. 8. RELEASOR understands that RELEASOR has the right to consult an attorney regarding this release, and has either consulted an attorney, or has waived the right to do so. 9. Each person signing this release on behalf of a party hereto represents and warrants that he or she is fully authorized to execute this release on behalf of the party on whose behalf such individual has signed this release, and that by signing this release such party shall be bound by the terms contained in this release. 10. This release may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [REMAINDER OF THIS PAGE BLANK] Bouvier, Linda Claim Number: 24-K000161 CAUTION: READ BEFORE SIGNING BELOW THE UNDERSIGNED RELEASOR HAS READ THE FOREGOING RELEASE, FULLY UNDERSTANDS IT, AND ENTERS INTO THIS RELEASE VOLUNTARILY. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ Z 7/31Zo1 f/ By: C�e 4 .-Aaron C. Harp -► �a3�ay fl City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California m,7icinal cop ration Date: / • Y 7 By: 1--Y dv W III. -I` Barbara J. Salvini Human Resources Di RELEASOR (Claimant) Date: Signature: ate Print: CiO�r Title: S\gr2 (Second signature when applicable) Date: Signature: Print: Title: Releasor/Claimant must sign in the presence of a notary public 3 Bouvier, Linda Claim Number: 24-K000161 CAUTION: READ BEFORE SIGNING BELOW THE UNDERSIGNED RELEASOR HAS READ THE FOREGOING RELEASE, FULLY UNDERSTANDS IT, AND ENTERS INTO THIS RELEASE VOLUNTARILY. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 717 31261 f/ By: cam-` 4 rAaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California m TIT co ,pf�ration Date: `. �"� � f _ By: 1--V ry W 1Vt,°I1 Barbara J. Salvini Human Resources Dir for RELEAV (Clai ant) Date: t4. 6-f Signatu� Print: 1 ,Il� aoc)�,'-er Title: (Second signature when applicable) Date: Signature: Print: Title: Releasor/Claimant must sign in the presence of a notary public 3 Bouvier, Linda Claim Number: 24-K000161 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. VoeiDA State of County oyyfpA-tM ,q e (.4 ) /l On i;,d 6 Z 1 f O? before me, 1.,-1le'u"i �, r't In r (Insert name and ti le of Officer personally appeared 11AJDA j� W jW 3E f tiV i who 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature )9; 1 7�4 4al GLENN LAUFE]2026 Notary Public, State oCommission# HH 2My Comm. expires Augus ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (Insert name and title of Officer personally appeared who 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)