HomeMy WebLinkAboutC-9936-1 - Release of All ClaimsKahn, Gale Philips
Claim Number: 25-185852
RELEASE OF ALL CLAIMS
1. The undersigned (herein referred to as "RELEASOR"), being of lawful age,
for the sole consideration of ONE THOUSAND THREE HUNDRED FOUR DOLLARS
and 0/100 ($1,304.00), 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 03/07/2025 at or near 3315 4th Ave., Corona Del
Mar, as more specifically referenced in the California Government Tort Claim presented
by or on behalf of RELEASOR dated 04/17/2025, 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.
Kahn, Gale Philips
Claim Number: 25-185852
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.
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Kahn, Gale Philips
Claim Number: 25-185852
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: 7,117
By: (Q�Y
Aaron C. Harp �'
City Attorney 11 61 ZS
CITY OF NEWPORT BEACH,
a California m rmpli-9orporation
Date:
By:
Barbara J. Salvini
Human Resources Director
ATTEST:'' ��a RELEASOR (Claimant)
Date: i L _-="" Date:
Signature:
Molly'Perry
Interim City Clerk Print: C�
C4
Title:
(Second signature when applicable)
Date:
Signature: _ 1\
Print:
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S�
Title:
91
Kahn, Gale Philips
Claim Number: 25-185852
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: 71171 2--07-9-
-r
By: P"r
Aaron C, Harp
City Attorney -1 L'I ZS
ATTEST:
Date:
0
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California m in' jp I corporation
Date:_
Barbara J. Salvini
Human Resources Director
RELEASOR (Claimant)
Date: `I • .Z7 , 215
T�-
Title:
(Second signature when applicable)
Date: - % 2-
Signature:
Print: rQ-._.. C)
Title: k4 v q-\. t--- 0 �"j N G v--
91