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Home My WebLink AboutContract 49823 12345 CITY SECRETARY" CV ��G 241 r CONTRACT NO.- L G\C�FOGP�P C ROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS P I. RECITALS WHEREAS, Genoveva Charles and the Estate of Juan Fidel Falcon, (hereinafter "Claimants"), allege that on or about May 10, 2016, Mr. Falcon received bodily and personal injuries in an automobile accident when he was struck by a City of Fort Worth vehicle operated by Bryce Davis; WHEREAS, Claimants further allege that the negligence of the City of Fort Worth (the "City"), by way of its vehicle and/or employee, Bryce Davis, proximately caused the above- described accident; WHEREAS, Claimants have offered to compromise and settle all claims and causes of action of any kind which they may have against Bryce Davis, 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 accident in consideration of payment by the City to Claimant Genoveva Charles and her attorney Mark A.J. Fassold, of the law firm WATTS GUERRA LLP the sum of Thirty Thousand Dollars ($30,000.00) in full and final settlement of all claims and/or causes of action against Bryce Davis, the City, its agents, employees, workers or representatives, arising out of the Claimants' alleged injuries; and WHEREAS, it is understood and agreed that this settlement, and the payment made, are not to be construed as an admission of liability by Bryce Davis or the City, and that the even though Mr. Davis and the City deny any liability of any kind on account of the alleged incident made the subject of the above-referenced claim, the City has agreed to the payment terns described above in compromise and settlement of the disputed claims and in order to avoid time consuming and costly litigation. II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufticiency of which is acknowledged, the City and Claimants agree that: 1. Genoveva Charles and the Estate of Juan Fidel Falcon, Claimants herein, for and in consideration of payment by the City of Fort Worth to Genoveva Charles and her attorney, Mark A.J. Fassold, of the law firm WATTS GUERRA LLP the sum of Thirty Thousand Dollars ($30,000.00) in Cull and final settlement of all claims against Bryce Davis, the City, its agents, employees, workers or representatives, arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Claimants, does for themselves, their representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and OFFICIAL RECOR® CITY SECRETARY FT.WORTH, TX representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every land, character or nature which said Claimants might assert by reason of the above described incident together with all claims that could heretofore be asserted, including claims for wrongful death, survivor claims, physical pain and suffering (past and future), medical expenses (past and future), physical impairment (past and future), and any other kind, character or nature of damage which could or might be the subject of a claim arising from the incident hereinabove described. 2. In consideration of the respective payment described above, Claimants agree to indemnify and forever hold harmless and defend Bryce Davis and the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and all others connected with or in privity with the 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 Claimants or by anyone on their behalf, arising out of the above described incident. 3. For the same consideration, Claimants declare and warrant that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Juan Fidel Falcon, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about May 10, 2016, made the basis of this claim, has been or will be paid or compromised by Claimants, and Claimants hereby agree to defend, indemnify and hold harmless the City of Fort Worth, Bryce Davis, and any other person, corporation, association, partnership, or entity in privity with or connected with them, as well as any person, corporation, association, partnership, or entity they are or may be required to defend, indemnify, or hold harmless from and against any claims for medical, hospital, and/or other claims and expenses of any and every nature, including but not limited to, claims which may hereafter be made under the authority of the Texas Hospital Lien Law or any other state or federal statute, rule, or regulation. CLAIMANTS REPRESENT THAT NONE OF THE MEDICAL BILLS OF JUAN FIDEL FALCON HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF CLAIMANTS ARE MISTAKEN IN THIS REGARD AND MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, CLAIMANTS WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE OR OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. CLAIMANTS ALSO REPRESENT THAT THEY WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY THEMSELVES WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. All sums set forth above constitute damages on account of personal physical injuries, or physical sickness, arising from an occurrence, within the meaning of Section 104(a) of the Internal Revenue Code of 1986, as amended. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- Juan Fidel Falcon PAGE 2 5. The release of claims contained herein is given with full knowledge of all parties to the referenced claim that there is a dispute on the part of the City regarding whether or not it, or Bryce Davis, are liable for any damages alleged. It is also understood and agreed that this settlement and release is in compromise of disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of Bryce Davis or the City of Fort Worth, and, in fact, both Bryce Davis and the City deny liability for the above-described accident, if any, and intends, by this settlement, merely to buy its peace. 6. By his signature hereto, the undersigned, Mark J. Fassold, attorney for Claimants, and his law firm, hereby release the City of Fort Worth to the same extent Claimants have released it, 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 incident made the basis of the above- referenced claim. 7. 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. Claimants, Genoveva Charles and the Estate of Juan Fidel Falcon, represent and acknowledge that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that it has been hilly explained, in detail, to them by their attorney and that it is fully understood. 9. By her signature hereto, Genoveva Charles, Claimant represents and declares that she is more than eighteen (18) years of age and is fully competent to enter into this Compromise Settlement Agreement and Release of All Claims, that the representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to her as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. 10. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- Juan Fidel Falcon PAGE,3 1011212017 14:57 Alice Copy&Business Center TA?g361396 4629 P.0051008 ..\�, GENOYEVA CHARLi S ,Claimant Date: �p ESTATE OF JUAN FEDEL FALCON, Claimant Date: /r [ADDMONAL SIGNATURES APPEAR ON TEE FOLLOWING PAGES] CowRQMISE sErnEmENT A09BEmwr AND RELEASE OF ALL CLAIMS- Juan r*!Falcon PACE 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX f 1011212017 14:57 Alice Copy&Business Center fAX)361396 4629 P.0061008 STATE OF TEXAS $ COUNTY OF TWUMNT � BEFORE ME,the undersigned authority, on this day personally appeared GENOVEVA CHARLES, Mown to me to be the person whose name is subscribed to the foregoing instrument, and aelenowledged to me that she executed the same as her fi-ee act and deed for • purposes and oonsideration therein expressed. GIVEN CINDER MY HAND AND SEAT; OF OFFICE thisI�� day of 2017. JMSICA L 1S * „ NOTARY PUBIC STATE OF TEXAS WOOMM.EXP 011412018 (/l. NO<AW0120M41•7 No Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TA7 § BEFORE ME,the undersigned authority, on this day personally appeared GENOVE'VA CHARLES, as representative of the ESTATE OF JUAN FIDEL FALCON, known to me to be the person whose name is subscribed to the foregoing iastrumeut, and acknowledged to me that she executed the some as her free act and deed for purposes and Consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of OGbw&r 2017. JESS'IQA L 1 R3Z * NOTARY a1B6iC STATE OFWA WMA DP.0411412dl8 NoWy Public in and for the State of Texas NOUN ID ISM41.7 [ADDMONAL SIGNATURES APPEAR ON THE FOILLOVMG PAGES] COWROWSE SETTLEMENT AGREMvM T AND RELEASE OF ALL CLAiMS- Jran FW Falcon PAGE 5 OFRECORD CITY SECRETARY FT,wORTH,TX L APPROVED AS TO SUBSTANCE AND FORM: Date: /V//C?// 7 I M AJ.Fa sold.Bar N .24012609 ),iA`M GU RRA LLP iol Four Dom nion Drive Bldg. 3, Suite 100 San Antonio,Texas 78257 Phone: 210-447-0500 Fax: 210-447-0501 rnfassolOD-wattsguerra.com ATTORNEY FOR CLAIMANTS CITY OF FORT WORTH: APPROVED: Y ? /' Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: 0113 2011 Lynnnter AssisttaKCity Attorney ATTEST: Date: Mdry f.Ka*!�Otffse6ktary COMPROMISE SETTLEMENT AGREE OF ALL CLAIMS- Juan Fidel Falcon -W, ;ff PAGE 6 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Date: L0 a "FRVAL RECOR'r :l KI% FT. WORTH, 1,: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- Juan Fidel Falcon PAGE 7