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Home My WebLink AboutContract 50442 t CITY scCRETARY P,E COZITRACT A10. � 12018 ; MAR Z CASE NO.JP06-17-SC00014012 c�rlorlop,, r WE�VMMART N § THE JUSTICEOF THE PEACE COURT VS. § PRECINCT NO. 6 CITY OF FORT WORTH § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Welton Martin, a Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about December 5, 2017, he received damages when his car was towed off his private property by the City of Fort Worth Police Department; WHEREAS, as a result of such damages allegedly suffered by Plaintiff, suit was 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; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which she 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 incident in consideration of payment by the City to Plaintiff Welton Martin, the sum of Six Hundred Twenty One ($621.00) and No/100 Dollars in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the Plaintiff's alleged damages; and WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff's suit, the City has agreed to the payment terms described above in compromise and settlement of the disputed claims and in order to avoid further 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 sufficiency of which is acknowledged, the City and Plaintiff agree that: 1. Welton Martin, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Plaintiff, the sum of Six Hundred Twenty One ($621.00) and No/100 Dollars in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiff's alleged damages, and the recei-t and sufficient of such COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL ®FICIAL RECORD CLAIMS— Welton Martin-CAUSE NO.JP06-17-SC00014012 PAGE 1 GITY,6ECR�'ARY FT.MRTN,TX consideration being hereby acknowledged and confessed by Plaintiff, does for himself, his representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and 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. JP06-17-SC00014012, in the Justice of the Peace Court Number Six, Tarrant County, Texas, including claims for 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 by him arising from the incident hereinabove described. 2. In consideration of the respective payment described above, Plaintiff agrees to indemnify and forever hold harmless and defend 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 Plaintiff Welton Martin, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by him, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about December 5, 2017, made the basis of this litigation, has been or will be paid or compromised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless Defendant City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or connected with it, as well as any person, corporation, association, partnership, or entity it is 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. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF 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. PLAINTIFF ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HIM WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS— Welton Martin-CAUSE NO.JP06-17-SC00014012 PAGE 2 4. 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 the 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 disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of the City of Fort Worth, and, in fact, City denies liability for the above-described accident, if any, and intends, by this settlement, merely to buy its peace. 5. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice. Plaintiff agrees to expeditiously provide any information the Court may require, and/or to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 6. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 7. By his signature hereto, the undersigned, Welton Martin, hereby releases the City of Fort Worth from any cause or causes of action which he may have by virtue of assignment or otherwise arising out of the alleged incident made the basis of the above-entitled and numbered suit. 8. 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. 9. Plaintiff Welton Martin 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. 10. By his signature hereto, Plaintiff Welton Martin represents and declares that he 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 him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. Welton Martin, Pro Se Plaintiff Date: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS— Welton Martin-CAUSE NO.JP06-17-SC00014012 PAGE 3 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared WELTON MARTIN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. 14— GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9 day of March, 2018. Teresa M John ID#95442-6 Notary Pu lic in and fo My Comm. Exp. The State of Texas OFO April 24, 20M APPROVED AS TO SUBSTANCE AND FORM: OFFICIAL R:Tx CITY OF FORT WORTH CITY SECR APPROVED: FT.WORT Date: Jesus ("Jay") Chapa Assistant City Manager APPROVED AS TO FORM: Date: 3 //q 11g Christopher K. Austria Assistant City Attorney x FoT wo ` M&C: o: ATTEST: ... ;� 1295: NA Date: � � Mary J. K e/, dtWecli*�y COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS— Welton Martin-CAUSE NO.JP06-17-SC00014012 PAGE 4 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: 3 Lisa Nwose Risk Management Analyst OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS--Welton Martin-CAUSE NO.JP06-17-SCO0014012 PAGE 5