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Home My WebLink AboutContract 47753 EC IVE r MAY 101016 �I C �� SERYOFOTAPT wo rp CAUSE NO. 348-271185-14 r; COMMUNITY OF HOPE LUTHERAN § IN THE DISTRICT COURT CHURCH OF FORT WORTH § Plaintiff, § V. § 348TH JUDICIAL DISTRICT CITY OF FORT WORTH § Defendant. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Community of Hope Lutheran Church of Fort Worth (hereinafter sometimes referred to as "Plaintiff') alleges that at all times relevant hereto, it owned the property at 4301 Miller Avenue, Fort Worth, Texas 76119; and WHEREAS, Plaintiff further alleges that on or about March 21 and 23, 2012, its premises were damaged when water pipes burst and flooded its buildings due to the negligence of the City of Fort Worth and its employees; and, WHEREAS, as a result of such incident and damages allegedly suffered by Plaintiff, suit has been filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiffs claims and cause of action; and, WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which it may have against the City, its agents, employees, workers and representatives, and all others connected with or in privity with the City, arising out of or connected in any way with the above described incidents in consideration of payment by the City to Plaintiff of the sum of Twenty Three Thousand Dollars ($23,000.00, zll and final COFFICOAL Ell ECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FV S E( R, F,�1.Ar{7 COMMUNITY OF HOPE LUTHERAN CHURCH OF FORT WORTH v.CFW settlement of all claims arising out of the alleged injuries and damages allegedly suffered by Plaintiff, Community of Hope Lutheran Church of Fort Worth; and, WHEREAS, even though City denies any liability of any kind on account of the alleged incidents made the subject of Plaintiffs suit, City has agreed to the payment terms described above in compromise and settlement of disputed claims and in order to avoid further time- consuming and costly litigation. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. That Community of Hope Lutheran Church of Fort Worth, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Plaintiff, the sum of Twenty Three Thousand Dollars ($23,000.00) in full and final settlement of all claims arising out of the alleged damages sustained by Plaintiff, Community of Hope Lutheran Church of Fort Worth, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff for itself, its representatives, successors and assigns, Plaintiff does hereby unconditionally release, acquit and forever discharge the City of Fort Worth, its agents, employees, workers and representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Plaintiff might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 348-271185-14, in the 348`h District Court, Tarrant County, Texas, including claims of any kind, character or nature for damage which could or might be the subject of a claim by it arising from the incidents hereinabove described, 2. That in consideration of the payment described above, Plaintiff agrees to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, officers, employees, workers and representatives of the City of Fort Worth, and all others connected with COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS COMMUNITY OF HOPE LUTHERAN CHURCH OF FORT WORTH v,CFW Page 2 or in privity with the said City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff, or by anyone on its behalf, or by anyone claiming to be subrogated to the rights of the Plaintiff or any other person or entity who claims to have been damaged as a result of the alleged damage to the Plaintiff s property arising out of the above described incident. This agreement specifically includes, but is not limited to, any claim ever asserted by any person or entity claiming any interest in Plaintiff's real or personal property by virtue of mortgage, deed of trust or otherwise. It also includes, but is not limited to, any subrogation claim ever asserted by any insurance company against the City by virtue of any , claim ever paid to the Plaintiff as a result of the incidents described above. The Plaintiff represents that it is the only person or entity entitled to recover monetary damages as a result of the damage to Plaintiffs property as a result of the incidents described above and the Plaintiff agrees to indemnify, hold harmless and defend the City of Fort Worth against any claim ever asserted by any person or entity claiming to be entitled to any recovery as a result of damage to the Plaintiff's property as a result of the incidents described above. 3. That the release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of City regarding whether or not it is liable for any damages alleged in the above-entitled and numbered cause. It is also understood and agreed that this settlement is in compromise of doubtful and disputed claims and that the payment made hereunder is not to be construed as admissions of liability on the part of the City of Fort Worth and, in fact, City denies liability for the above-described incidents, if any, and intends, by this settlement,merely to buy its peace. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS COMMUNITY OF HOPE LUTHERAN CHURCH OF FORT WORTH v.CFW Page 3 4. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and it hereby authorizes and directs its attorneys, Shannon, Gracey, Ratliff & Miller LLP, 420 Commerce Street, Suite 500, Fort Worth, TX 76102, to approve an Agreed Order Of Dismissal, with prejudice, with respect to its claims and causes of action in the above entitled and numbered case. And, in this connection, Plaintiff and its attorneys agree to expeditiously provide any information the Court may require, and to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 5. That it is understood and agreed that all taxable court costs will be paid by the party incurring same. 6. That by his signature hereto, the undersigned, Blake M. Hedgecock, attorney for Plaintiff, and his law firm, hereby release the City of Fort Worth, to the same extent Plaintiff has released the City of Fort Worth, from any cause or causes of action which said attorney or his law firm may have by virtue of assignment or otherwise arising out of the alleged incidents made the basis of the above-entitled and numbered suit. 7. That this Compromise Settlement Agreement And Release Of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8. That Plaintiff, Community of Hope Lutheran Church of Fort Worth, represents and acknowledges that this Compromise Settlement Agreement And Release of All Claims has been read in its entirety before signing and that it is fully understood. 9. That the person whose signature appears below holds the position of 6-esJo,"It with the Community of Hope Lutheran Church of Fort Worth and he or she has authority to act on behalf of the Plaintiff and to enter into this agreement on behalf of the Plaintiff. If a dispute COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS COMMUNITY OF HOPE LUTHERAN CHURCH OF FORT WORTH v.CFW Page 4 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared /U C and, upon his/her oath, states that he/she is a s,` o-'/ for the Community of Hope Lutheran Church of Fort Worth, that he/she is duly authorized to make this affidavit, that he/she has read the foregoing Compromise Settlement and Release of All Claims. The facts stated in it are within his/her personal knowledge and are true and correct, SWORN TO AND SUBSCRIBED before me on this, the=?V4�4day of Deae,mbei;,,2DL5., f` x/. L"L, Notgt Public in and for the tate of Texas r'i+a:nes 1 EDYTHE K.BLMAUM Notary Public * *` STATE OF TEXAS Nota ID 0 1092169.9 My Comm.F�cp.July 21,9017 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS COMMUNITY OF HOPE LUTHERAN CHURCH OF FORT WORTH v. CFW Page 6 APPROVED AS TO FORM AND SU\STANCE: A Date: Blake M.. cock State Bar blot 2 025899°- SHANNON GRAGEY RATLIFF&MILLER LLP 420 Commerce Street, Suite 500 Fort Worth, TX 76102 (817) 336-9333 (telephone) (817) 336-3735 (facsimile) bhed eg_cockQshannon rg acey.com ATTORNEYS FOR PLAINTIFF OFFICIAL RECORD CITE'SECRETARY FT.WORT H9 TX APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: s �� Harvey L. Frye, Jr. Assistant City Attorney ATTEST: IN ® OP ry J. Kity Secrat COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS COMMUNITY OF HOPE LUTHERAN CHURCH OF FORT WORTH v.CFW Page 7