Res 1997-192 - Laserfiche WebLink

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The aforementioned consideration is accepted by the City of San Marcos in full satisfaction of all damages arising out of said accident, without regard to the nature of such damages or the legal theory of recovery. The payment of said sum by the parties herein released is not to be construed as an admission of liability, which has been denied. The City of San Marcos has heretofore brought suit in Cause No. 5621, City of San Marcos vs. Sierra Logistics, Inc. d/b/a Sierra Highway Express; In the County Court at Law Number 2 of Hays County, Texas to recover damages sustained by the City of San Marcos as a result of the above described accident. The above mentioned consideration is accepted by me as a representative of the City of San Marcos in full compromise and settlement of all claims and causes of action for damages being asserted in said suit, or which might have been asserted in said suit, and I agree that a Judgment may be entered in such suit dismissing the City of San Marcos' cause of action with prejudice and denying the City of San Marcos any recovery without, in any manner whatsoever, having an effect or prejudice to the rights of any of the parties released herein. As a part of the consideration for the payment of the above mentioned sum by the parties hereby released, the City of San Marcos has expressly warranted and represented and do hereby for the City of San Marcos, its legal representatives, administrators, successors and assigns, expressly warrant and represent to each and all of the parties hereby released that: (1) I am legally competent to execute this Release on behalf of the City of San Marcos; (2) all expense of any and every nature and character whatsoever incurred by the City of San Marcos or on its behalf arising from the above described accident have been or will be hereafter paid in full; and 198935 STL 0003041\1099 PQY 2