HomeMy WebLinkAboutMINUTES - 01051993 - 1.35 1 . 3 5
• Contra
TO: BOARD OF SUPERVISORS j
Costa
FROM: Victor J. Westman, County Counsel
.;�
' County
By: Sharon L. Anderson, Deputy County Counsel. •
covK'� c3'
DATE: December 15, 1992
SUBJECT: Rodrigues v. County of Contra Costa
Contra Costa County Superior Court Case No. C92-04293
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Pursuant to settlement of the above-captioned matter, the
Board of Supervisors APPROVES the Settlement and Release of All
Claims in the form attached hereto and AUTHORIZES County Counsel to
execute the final agreement on behalf of Contra Costa County.
FISCAL IMPACT
None . The settlement amount is to be paid entirely by the
other co-defendants in this action.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1990, an action was filed against Contra Costa County and
the Hofmann Company relating to the construction of the Vintage
Parkway Railroad Overcrossing Project in the Oakley area . The
plaintiff was seeking damages on the basis of inverse condemnation,
loss of lateral support, trespass, fraud, intentional infliction of
emotional distress and negligence. Pursuant to a condemnation
agreement between the County and the Hofmann Company, the County
tendered the defense of this matter to the Hofmann Company.
A settlement has been reached in the case. It requires the
payment of $150, 000 to the plaintiff, Cecilia Miguel Rodrigues,
said amount to be allocated between defendants the Hofmann Company,
William G. McCullough, and Raymond Vail and Associates . It also
requires a mutual release between the defendants .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 90ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON -`,x ;11 ;�) APPROVED AS RECOMMENDEDOTHER
74-t, ..
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: CountyiCounsel ATTESTED a Sam 99
cc: Public Works Dept. PHIL- BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY 2K , DEPUTY
CONTACT:
cc:
dfll(2): a:\bd-agree
1 . 35
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims
(hereinafter the "Agreement") is entered into by and between
CECILIA MIGUEL RODRIGUES (hereinafter "plaintiff") and THE HOFMANN
COMPANY (on behalf of itself and COUNTY OF CONTRA COSTA) ," and
RAYMOND VAIL & ASSOCIATES, and WILLIAM G. McCULLOUGH CO. , D.
SCHUETTE CO. , and COGGINS SCHUETTE CO. (hereinafter collectively
referred to as "defendants") .
Plaintiff has filed a civil action for money damages in the
Superior Court of California, County of Contra Costa, Action No.
C90-04293 . In said action, plaintiff alleges that construction
work performed on Vintage Parkway in the vicinity of her property
located in Oakley, California, caused her to suffer real and
personal property damage, diminution in value of real and personal
property, loss of use of real and personal property, emotional
distress, attorneys ' fees and litigation costs.
The defendants deny, and continue to deny, each of plaintiff's
allegations. Defendants have also filed various cross-complaints,
alleging that if they are held liable to plaintiff, or to other
cross-complainants in the subject civil action, then ultimate fault
or liability rests with such other parties. Each defendant herein,
denies and continues to deny, all of the allegations directed
against it. The parties to this Agreement desire to settle all of
the disputes between them which could ever relate to the foregoing
matters, and to cause the subject civil action to be dismissed,
with prejudice, as to each and every party to this Agreement. This
Agreement is entered into voluntarily, solely for the purpose of
.e
bringing the subject claims to a conclusion, and to avoid further
costs, risks and expenses associated with continued litigation.
By entering into this Agreement, no party is admitting fault,
liability or wrongdoing, nor shall this Agreement ever be construed
as such.
WHEREFORE, in consideration of these covenants and agreements,
the parties hereby agree as follows:
1. Payment to Plaintiff: The defendants shall pay to
plaintiff the total sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND
N0/100 ($150,000.00) allocated between themselves as follows:
THE HOFMANN COMPANY on behalf of
itself and COUNTY OF CONTRA COSTA $131,500.00
WILLIAM G. McCULLOUGH, et al. $ 15, 000.00
RAYMOND VAIL & ASSOCIATES $ 3 , 500. 00
TOTAL $150,000.00
Such payments shall be made by check or draft, payable to
CECILIA MIGUEL RODRIGUES and the Law Firm of Cox, Garrett, Nagle
& Lally, her attorneys of record.
2. Performance of Repairs: In further consideration of the
settlement memorialized in this Agreement, defendant THE HOFMANN
COMPANY shall pay for repairs on plaintiff's property to be
performed by a licensed contractor to be employed solely by
plaintiff, consisting of clearing, tree removal and regrading that
portion of plaintiff's property adjacent to the property line
between the Vintage Parkway right-of-way and plaintiff's remainder
property in accordance with the Grading Plan and estimate set forth
and agreed to in ADDENDUM A hereto in the sum total amount of
2
$12,073.00. Said repairs shall be completed in good faith and in
a professional and workmanlike manner within 60 days of receipt of
settlement proceeds by plaintiff. Plaintiff shall cooperate in any
manner necessary to facilitate approval of said work by any
governmental authority and release of all improvement bonds
referable to that portion of Vintage Parkway in the vicinity of
plaintiff's property.
3. Release of Claims by Plaintiff: The plaintiff does
hereby forever release and discharge each of the defendants, and
each of their respective owners, principals, shareholders,
subsidiaries, affiliated companies, officers, directors, agents,
servants, employees, heirs, successors and assigns, from any and
all claims, demands, actions or causes of action, whether known or
unknown, contingent or certain, past, present or future, which
arise out of or which relate in any way to the claims raised or
made by or on behalf of the plaintiff in the subject civil action,
including claims for inverse condemnation, loss of lateral support,
trespass, fraud, intentional infliction of emotional distress,
negligence, and any resulting property damage, diminution in value
of real property, loss of use of real property, damage or injury
to personal property, bodily injuries, emotional distress,
litigation expenses, costs and attorneys' fees.
In entering into this Agreement and release provided for
herein, it is the intent of the plaintiff to waive all rights or
benefits which she may have under Civil Code §1542 which provides
as follows:
3
"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. "
Plaintiff acknowledges that there is a risk that the damages
which she believes she has suffered or will suffer may later turn
out to be other than or greater than those now known, suspected or
believed to be true. Further, other facts on which plaintiff may
be relying upon in entering into this Agreement may later turn out
to be other than, or different from, those now known, suspected or
believed to be true.
Plaintiff also acknowledges that in entering into this
Agreement and the release provided for in this Agreement, she has
expressly agreed to accept the risk of such possible unknown
damages, claims, demands, actions and causes of action. Plaintiff
acknowledges, represents and warrants that in waiving all rights
or benefits she may have had under Civil Code §1542, she has had
the advice of counsel, and further represents, warrants and agrees
that this Agreement shall remain in full force and effect,
notwithstanding the occurrence of such possible changes or
differences in material facts.
4. Prospective Release with Regard to Repair Work:
Plaintiff acknowledges that in order to perform the work on her
property as agreed to pursuant to Section 2, infra, and as set
forth in ADDENDUM A hereto, subcontractors employed by her will
necessarily be required to enter onto plaintiff's property to
perform said work, that trees as specified in Addendum A will have
4
.........n.....w .. .......,..w. ...,__.-.a__.... .�.: .,.±GS..[..`�`...�::.:.ti`iti�•ijam,Rsii'CTC.S'V::tie:ri+,tie:.ti;:Y�ti:3........,.::`:L:...-.ter^•. :.::w:,2\'�+.�7Ki• l'iGtiitxtiCti'•Ci�G4':in`ttw'n]{�:.:.i.Ktiv.._.xr..:_.;�:..:.�::.t.:r.i..::::_::
to be removed, that grading and other construction equipment will
have to be operated upon plaintiff's property, that dust and noise
will be created as a result of said work, that said work will
necessarily cause some interference with plaintiff's comfortable
use and enjoyment of her property during the course of such work,
and that such work will alter the existing grade and contour of
plaintiff's property.
In consideration of defendant's agreement to pay for the work
on plaintiff's property to be performed by a licensed contractor
employed solely by plaintiff, in compliance with Section 2, infra,
and the Grading Plan set forth in Addendum A, plaintiff hereby
releases defendants from any and all claims, demands, actions or
causes of action, whether known or unknown, contingent or certain,
past, present or future, which arise out of or which relate in any
way to the design and performance of the work set forth in Addendum
A, including but not limited to claims for defects in any aspect
of said work.
In entering into this prospective release with regard to the
work to be performed on her property, it is the intent of plaintiff
to waive all rights or benefits which she may have under Civil Code
§1542 which provides:
"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. "
Plaintiff acknowledges that there is a risk that the effect
of said work on her property, including but not limited to the
5
inconvenience, level of dust, noise, number of workers on her
property, amount of equipment on her property and interference with
the peaceful use and enjoyment of her property during the course
of the work set forth in Addendum A may later turn out to be other
than, or greater than, that now known, suspected or believed to be
necessary. Further, other facts on which plaintiff may be relying
in entering into this Agreement may later turn out to be other
than, or different from, those now known, suspected or believed to
be true.
Plaintiff also acknowledges that in entering into this
settlement and the release provided for in this Agreement, she has
expressly agreed to accept the risk of such possible unknown
damages, claims, actions and causes of action. Plaintiff
acknowledges, represents and warrants that in waiving all rights
and benefits she may have under Civil Code §1542, she has sought
the advice of counsel, and further represents, warrants and agrees
that this Agreement shall remain in full force. and effect,
notwithstanding the occurrence of such possible changes or
differences in material facts.
5. Warranty of Ownership and Authority: Plaintiff does
hereby represent and warrant that at the time of the initiation of
the subject Contra Costa County Superior Court civil action, and
at the time of the execution to this Agreement, she was and is the
owner of each of the claims, demands, actions and causes of action
which plaintiff is releasing or purports to be releasing pursuant
to the provisions of this Agreement.
6
.tit$.....T_ ._ _-._.]..1.._.... _... .. _ ._.a._i_-.e...._..�..v.__.,.a_....e... ._.ti ..._....d_�.�.._ .... -..._.:.Y:r...._s.. ,.,-..................t..,_.__ti......._......._._...,...._._._�...._._...,_�,__....,..._...._.......,.�..._.,_..
Plaintiff further represents and warrants that she has not
sold, assigned, conveyed or transferred any of the claims, demands,
actions or causes of action, which she is releasing or purports to
be releasing pursuant to the provisions of this Agreement.
Plaintiff further represents and warrants that although she
had made various claims against various first party insurers for
some of the same damages, claims, demands or actions, or causes of
action, which have been directed against some of the defendants in
the subject civil action, such first party carriers have each
agreed and covenanted with plaintiff that they will not pursue any
subrogation claims, nor will they seek reimbursement for any monies
paid to plaintiff against any of the parties which are being
released, or which purport to be released by plaintiff pursuant to
the provisions of this Agreement.
6. Indemnity Agreement: Plaintiff does hereby agree to
defend, indemnify and hold harmless each of the defendants and each
of their respective owners, principals, shareholders, subsidiaries,
affiliated companies, officers, directors, agents, servants,
employees, heirs, successors and assigns, of and from any claim,
demand, action or causes of action, including interest, costs and
attorneys' fees, taxable or otherwise, which plaintiff is
releasing, or which plaintiff purports to be releasing, pursuant
to any of the provisions of this Agreement, or which arise out of,
which relate to in any way, or which result form the falsity or
inaccuracy of any representation or warranty made by plaintiff
herein.
7
7. Release Between Defendants: Each defendant, on behalf
of itself, and on behalf of its respective owners, principals,
shareholders, subsidiaries, affiliated companies, officers,
directors, agents, servants, employees, heirs, successors and
assigns, does hereby forever release and discharge each other
defendant, and each other defendant's respective owners,
principals, shareholders, subsidiaries, affiliated companies,
officers, directors, agents, servants, employees, heirs,
successors, assigns, of and from any and all claims, demands,
actions or causes of action, for damage, indemnity or contribution
under any legal or equitable theory, known or unknown, contingent
or certain, past, present or future, which may arise out of or
which may relate in any way to any of the claims, demands, actions,
cause's of action which plaintiff is releasing pursuant to the
provisions of this Agreement, or which arise out of or in any way
relate to any claims, demands, actions or causes of action
presented in any cross-complaint herein.
In entering into this Agreement and release provided for
herein, each of the defendants expressly waives all rights or
benefits which it may have under Civil Code §1542 which provides:
"A general release is not extended claims which the
creditor does not know or suspect exist in his favor at
the time of executing the release, which if known by him
must have materially affected the settlement with the .
debtor. "
In so waiving such rights or benefits under Civil Code §1542,
each defendant acknowledges that it is accepting the risks of
unknown damages, or a change in material facts, to the same extent
8
.).:... ...`. . - .....•.... .. ... .... v.n......Q.:....._..n...vn a.....v.. •\ .i4'tin...v\._•. _•...._ti�....n•..vti..r...wa..w...G.....2•.v.+•.......G._._..v. ..w..._..w\....wkitr.:xrv• 3iTw•v:Lni4.:..1.•'.1.h.1a•�Jti:i�.•::�t_w.•..•.
as the plaintiff as more fully described in Section 3 of this
Agreement.
This Release is not intended to effect any rights or
obligations between COUNTY OF CONTRA COSTA and THE HOFMANN COMPANY
arising out of the Agreement between said parties for acquisition
of offsite right-of-way
8. Covenant Not to Sue: Each party in this Agreement, on
behalf of itself and on behalf of its respective owners,
principals, shareholders, subsidiaries, affiliated companies,
directors, officers, agents, employees, heirs, successors and
assigns, covenants and agrees never to commence or prosecute nor
voluntarily aid in the commencement or prosecution of, any claim,
demand, actions or causes of action against any of the other
parties hereto, or of any of their respective owners, principals,
shareholders, subsidiaries, affiliated companies, officers,
directors, agents, employees, servants, successors or assigns,
which arise out of or relate in any way to the claims, demands,
actions or causes of action which comprise the subject matter of
this Agreement.
9. Dismissal of Complaint and Cross-Complaints: Plaintiff
and each of the defendants who have filed a complaint or cross-
complaint relating to or arising out of the claims, demands,
actions and causes of action comprising the subject matter of this
Agreement shall promptly cause to be filed a dismissal, with
prejudice, of such complaint or cross-complaint, including but not
limited to all complaints or cross-complaints filed in Contra Costa
9
.. ....... .vS__...• .>....:_.._i..__....__.. -:ti•:�5...w.www....ti wti���var.L.....�- T='-=.. - .. wU.a..vlS... •v.v::ti;• wc`•Ca:iw.w.at.2.....h.a.�::�C:.`c1\bw`ataitkG\.'Y.:.._�r.>.1.�.C.:v_�:�n::�_S.•�ti�r.\::
County Superior Court Action No. C90-04293 as to each other party
to this Agreement only. Said dismissals need not include
defendants or cross-defendants who are not parties to this
Agreement.
10. Waiver of Claims for Costs and Attorneys Fees: Each
party to this Agreement agrees to bear its own costs of suit,
consultants' fees, experts' fees, attorneys' fees, and other costs
and expenses of any kind or character arising out of or related in
any way to any of the claims, demands, actions or causes of action,
which comprise the subject matter of this Agreement.
11. Stipulation to Alternative Dispute Resolution Procedures
for Enforcement of Settlement Agreement: Each party to this
Agreement acknowledges, stipulates and agrees that the settlement
of this action occurred in part under the auspices of the Honorable
Coleman F. Fannin of Judicial Arbitration Mediations Services
(JAMS) to whom this matter was referred by the Contra Costa County
Superior Court.
The parties hereto further acknowledge, stipulate and agree
that any disputes which may arise between the parties concerning
the performance of this agreement and most particularly with regard
to any claim, demand, action or causes of action which might arise
out of the performance of the work described in Addendum A shall
be resolved through binding arbitration presided over by the
Honorable Coleman F. Fannin of JAMS in accordance with California
Code of Civil Procedure §1282 et seq. governing the conduct of
arbitration proceedings. The terms of Code of Civil Procedure
10
.....•,.,.. ... .�:. .::..:..-,c.�v;.�..-«r:•:�:... iz..:�:iivtil�+s•�.`.=�� :tn:�.;,::�c .i=33:;e..n_��ti;.a:: ._.�.tti�v._._..:,it::i�c�....-;::.::..:_t ti:�ti�: __w. .__..__... .._ .... ..`_ .......::.i::..<.,....,K..r..:•e=-=.:.:
§1283.05 are incorporated into and thus made a part of this
arbitration agreement. In the event Judge Fannin is unable, or
unavailable to preside over the arbitration of any dispute arising
out of this Agreement, such dispute shall be arbitrated through
JAMS by such other arbitrator or arbitrators as the parties may
agree upon. If the parties cannot agree upon an arbitrator, each
side shall select one arbitrator, a third arbitrator shall be
selected by the two arbitrators so chosen and the matter shall thus
be decided by a panel of three arbitrators.
Plaintiff and each defendant further acknowledge, stipulate
and agree that with regard to any alternative dispute resolution
proceeding arising out of this Agreement, each party shall bear its
own attorneys' fees, experts' fees and costs, and that the fees of
JAMS : shall be divided pro rata among the parties to such
proceedings.
12. Benefit of Counsel and Experts: Plaintiff represents and
warrants that during the course of the negotiations leading to the
settlement reflected herein, she has had the benefit of counsel.
Plaintiff further represents and warrants that the contents of this
Agreement, and the meaning of its various terms have been explained
to her by her attorneys, and that this Agreement is executed
voluntarily and with full knowledge of its significance.
Plaintiff further represents and warrants that during the
course of the negotiations leading to the settlement reflected
herein, she has had the benefit of advice from experts and
consultants in the pertinent fields of expertise.
11
w..._.::.�::_v:::.i-:.•.s+..�..o..•v_, .<..__.__.... _._,_.__.a__._,..a...,........_..�_:::c �..,...._tip........._.. r..>.<-.n.._�.�•.:....r�a.:..:.e......r_..._.,. .._....,... .r __._.r_ .,_.._..__,.......z,....x'�:«....,::
Plaintiff represents and warrants that in entering into this
Agreement and the release reflected herein, she is not relying upon
any opinion, conclusion, recommendation or estimate provided by any
defendant, or any expert or consultant retained by any of the
defendants.
13. Warranty of Capacity and Authority: Each signatory to
this Agreement represents and warrants that he or she is competent
to execute this Agreement on his or her own behalf, or has the
confidence and the express authority of the person or entity on
whose behalf he or she is signing, do execute this Agreement on
behalf of such other person or entity.
13. Binding Nature and Recordation of Agreement: This
Agreement shall be binding upon and shall inure to the benefit of
each party hereto, and each parties respective owners, principals,
shareholders, subsidiaries, affiliated companies, officers,
directors, agents, servants, employees, heirs, successors and
assigns.
Plaintiff hereby consents to the filing of a copy of this
Agreement in the Alameda County Superior Court Action No. C90-
04293 . Plaintiff further consents to the recording of a memorandum
of this settlement agreement in the Official Records of the Alameda
County Recorder's Office in a form substantially identical to
ADDENDUM B attached hereto. Plaintiff will cooperate in the
execution of all necessary documents to effectuate such
recordation.
12
,. .,... �, :..._:, ':.::,.r„ . _;__.:..:._.......:...:-..�.......c.c..s:.�,,.,..._::..e_,...':c......:..:.,.a<.....-:.::.,.. .ti.-.Yw.i.;_.. ....._., ..r.-,_,a. ...c:.._..>,.. �«,e.,.aawo.>,...,...,........_•,.+......,.. ....,..,a.z-r-..�..�.a._....c.c.s,,...c �.
It is the intent of the parties to this Agreement that the
terms and conditions reflected herein shall be binding upon
plaintiff and all of her heirs, successors and assigns, and that
its terms and conditions shall constitute covenants which "run with
the land. "
14. Entire Agreement: This Agreement, including ADDENDUM
A and B, contains the entire agreement of the parties with respect
to the matters covered hereby, and supersedes any oral or written
understandings or agreements between the parties with respect to
the subject matter of this Agreement. No party is authorized to
make any representations or warranties except as set forth herein,
and no agreement, statement, representation or promise by any party
hereto which is not contained herein shall be valid or binding.
Plaintiff acknowledges that she has not relied upon any warranties,
representations, statements or promises by any of the parties
herein released, or any of their agents or consultants except as
may be expressly set forth herein.
15. Choice of Laws: This Agreement shall be construed in
accordance with the laws of the State of California.
16. Counterparts to Agreement: This Agreement may be
executed simultaneously or in any number of counterparts, each of
which shall be deemed an original, equally admissible in evidence,
but all of which together shall constitute one in the same
agreement, notwithstanding that the signatures of each party or
their respective representatives do not appear on the same page of
this Agreement.
13
... ....�._...:•u`ti`ti::.+. ...... .... �v ue_s._.:'..\r:�`.`\u`a`itwa:xYa[.}ti'tii:.a......_...t.s.xuiT..:.�.'....�:aZti'n...xl..irae��1iKe>V:tit:.':S-^'v'-... +31'+`'\A- s.x�:u:S.:.w.r:.v[.a:.'t:.]:....z....ti..Cs`�....`.tti ..:...:.._w.n✓...> _w.w..
17. Severability: If any provision or any part of any
provision of this Agreement is, for any reason, held to be invalid,
unenforceable or contrary to public policy, law, statute,
regulation or ordinance, then the remainder of this Agreement shall
not be effected thereby, and shall remain valid and fully
enforceable.
18. Amendments or Modifications to Agreement: No
modification or amendment of this Agreement shall be of any force
or effect unless in writing and executed by all parties hereto.
19. Construction of Agreement: This Agreement, and each of
the provisions hereof, has been reached as a result of negotiations
between the parties and their respective attorneys. Each of the
parties hereto expressly acknowledges that this Agreement shall not
be deemed to have been prepared by or drafted by any particular
I
party, or parties hereto, and that the normal rule of construction
to the effect that any ambiguities are to be resolved against the
drafting party or parties shall not be employed in the
interpretation of this Agreement.
14
._ ...�.L•i:.h...... .inw:.v.......... ..v........v.•`�:..:a``.`:._\,tixv'�.:t+wual+.v...w`es::.t:>2..:n.w.>.a+wn.,wr...:....•.rn.:ul�•v•:v✓.i�l::a.•..a..v- ...,....w,2:3ti_�:...v.:.1v:iJi:i:..+:•:l.•.•..-V::._�..,_:.`a_ _� _n..�...n_.................._........w..
DATED: , 1992
CECILIA MIGUEL RODRIGUES
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On this day of 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared CECILIA MIGUEL RODRIGUES, personally known to
me (or proved to me on the basis of satisfactory evidence) to be
the persons whose names were subscribed to this instrument and
acknowledged that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, JAMES B. COX, do hereby certify and represent that I am the
attorney for the above-named plaintiff; that I have reviewed the
terms of the above Settlement Agreement and Release of All Claims,
and that I have fully explained the contents of this document,
which is a release of all claims, both as to known and unknown
injuries which may exist, and I have advised the plaintiff to
execute the said Release of All Claims and Dismissal with
prejudice.
DATED: , 1992
JAMES B. COX
15
DATED: , 1992
ALBERT SHAW, President
THE HOFMANN COMPANY
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On this day of , 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared ALBERT SHAW, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons
whose names were subscribed to this instrument and acknowledged
that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, DAVID R. SIDRAN, do hereby certify and represent that I am
the attorney for the above-named defendant; that I have reviewed
the terms of the above Settlement Agreement and Release of All
Claims, and that I have fully explained the contents of this
document, which is a release of all claims, both as to known and
unknown injuries which may exist, and I have advised said defendant
to execute the said Release of All Claims and Dismissal with
prejudice.
DATED: 1992
DAVID R. SIDRAN
16
CONTRA COSTA COUNTY
DATED: , 1992
By: SHARON ANDERSON
Deputy County Counsel,
COUNTY OF CONTRA COSTA
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On this day of , 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared SHARON ANDERSON, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
persons whose names were subscribed to this instrument and
acknowledged that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, DAVID R. SIDRAN, do hereby certify and represent that I am
the attorney for the above-named defendant; that I have reviewed
the terms of the above Settlement Agreement and Release of All
Claims, and that I have fully explained the contents of this
document, which is a release of all claims, both as to known and
unknown injuries which may exist, and I have advised said defendant
to execute the said Release of All Claims and Dismissal with
prejudice.
DATED• , 1992
DAVID R. SIDRAN
17
DATED: , 1992
Authorized Representative of
RAYMOND VAIL & ASSOCIATES
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On this day of 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared_ personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names were subscribed to this instrument and
acknowledged that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, GARY VINSON, do hereby certify and represent that I am the
attorney for the above-named defendant; that I have reviewed the
terms of the above Settlement Agreement and Release of All Claims,
and that I have fully explained the contents of this document,
which is a release of all claims, both as to known and unknown
injuries which may exist, and I have advised said defendant to
execute the said Release of All Claims and Dismissal with
prejudice.
I
DATED• , 1992
GARY VINSON
18
... . _...
DATED• , 1992
Authorized Representative of
WILLIAM G. McCULLOUGH CO.
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On this day of 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared , personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names were subscribed to this instrument and
acknowledged that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, CONOR MEYERS, do hereby certify and represent that I am the
attorney for the above-named defendant; that I have reviewed the
terms of the above Settlement Agreement and Release of All Claims,
and that I have fully explained the contents of this document,
which is a release of all claims, both as to known and unknown
injuries which may exist, and I have advised said defendant to
execute the said Release of All Claims and Dismissal with
prejudice.
DATED: , 1992
CONOR MEYERS
19
DATED: , 1992
Authorized Representative of
COGGIN SCHUETTE CO.
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On this day of , 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared , personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names were subscribed to this instrument and
acknowledged that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, CONOR MEYERS, do hereby certify and represent that I am the
attorney for the above-named defendant; that I have reviewed the
terms of the above Settlement Agreement and Release of All Claims,
and that I have fully explained the contents of this document,
which is a release of all claims, both as to known and unknown
injuries which may exist, and I have advised said defendant to
execute the said Release of All Claims and Dismissal with
prejudice.
DATED: , 1992
CONOR MEYERS
20
. r
DATED• , 1992
Authorized Representative of
D. SCHUETTE CO.
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On this day of , 1992, before me, the
undersigned, a Notary Public in and for the State of California,
personally appeared , personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names were subscribed to this instrument and
acknowledged that he executed it.
NOTARY PUBLIC in and for the
State of California
My commission expires:
I, CONOR MEYERS, do hereby certify and represent that I am the
attorney for the above-named defendant; that I have reviewed the
terms of the above Settlement Agreement and Release of All Claims,
and that I have fully explained the contents of this document,
which is a release of all claims, both as to known and unknown
injuries which may exist, and I have advised said defendant to
execute the said Release of All Claims and Dismissal with
prejudice.
DATED• , 1992
CONOR MEYERS
settagt.rel
21