The URL can be used to link to this page

Home My WebLink AboutContract 52954 1> CITY SECRETARY 2419 CONTRACT NO-, 5� c� ca�F�5v��e� a C�Tt5ECR� y> CAUSE NO.348-302176-18 CHARD CHARLES SHANLEY AND § IN THE DISTRICT COURT JENNA SEARS,AS NEXT FRIEND OF § SEBASTIAN SEARS,A MINOR § Plaintiffs § § 348TH JUDICIAL DISTRICT VS § THE CITY OF FORT WORTH § Defendant § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS For and in consideration of the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged,the City and Jenna Sears As Next Friend of Sebastian Sears, a minor and Law Offices of Barry Martines (Plaintiff)agree that: 1. Plaintiff agrees to release, settle, compromise and discharge The City as set out herein; The City agrees to pay to or on behalf of Minor Plaintiff, Sebastian Sears, the sum of $20,000.00. Payment of$20,000.00 will be made to Jenna Sears As Next Friend of Sebastian Sears,a minor and their attorney Barry Martines of the law firm Law Office of Barry Martines in full and final settlement of all claims against the City its agents, employees, workers or representatives, arising out of Plaintiffs injuries that allegedly resulted from a certain accident which occurred on or about the 215t day of July, 2017, at or near Fort Worth,TX. 2. In consideration of the terms and provisions of this settlement agreement and release, as herein stated, Plaintiff agrees and does hereby release, acquit and forever discharge the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from any and all claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever in law or in equity, actions and causes of action of whatever kind and character whether in contract or in tort, known or unknown, presently existing or which might ever accrue to Minor Plaintiff, Sebastian Sears arising out of or having to do with the claims, causes of action or allegations described in Plaintiffs claims as well as from any other claims, demands, suits, debts, promises, damages,judgments,executions,guaranties or warranties whatsoever which might arise as a result of any actions or conduct of the City of Fort Worth. 3. For the same consideration as herein set out, Jenna Sears As Next Friend of Sebastian Sears,a minor,does in her representative capacity,her heirs,executors,administrators, successors and assigns, hereby release, acquit and forever discharge the City of Fort Worth, and its employees,attorneys,and council members,in their official and individual capacities,including their successors and assigns, from any and all claims, demands, attorneys fees, penalties, actions OFFICIAL.RECORD CITY SECRETARY FT. WORTH,TX and causes of action of whatever kind and character, whether in contract or in tort, known or unknown, presently existing or which may accrue in the future, arising a certain accident which occurred on or about the 2 1"day of July, 2017, at or near Fort Worth, TX. 4. This Release is intended to extinguish any and all debts, obligations or causes of action existing between Minor Plaintiff Sebastian Sears and the City concerning a certain accident which occurred on or about the 21'day of July, 2017,at or near Fort Worth,TX. 5. It is the intention of Plaintiff and The City that this release shall be effective as a full and final accord and satisfaction and as a bar to all actions, causes of action, costs, expenses, attorney's fees, damages, claims, and liabilities whatsoever, whether or not known, suspected, claimed or concealed. Plaintiff expressly waives and relinquishes any and all rights and benefits which Plaintiff may have under Texas and Federal statute or common law principal,to the fullest extent that Plaintiff may lawfully waive such rights or benefits pertaining to the release of claims against The City. In connection with such waiver and relinquishment,Plaintiff acknowledges that he is aware that he may hereafter discover claims, liens, or facts in addition to or different from those which he now knows or believes to exist with respect to the subject matter of this release, but it is his intention to fully, finally and forever settle and release all of the disputes and differences known or unknown,suspected or unsuspected which do now exist,which may exist in the future, or have existed between Plaintiff and The City arising out of or in connection with the released claims. 6. Jenna Sears warrants and represents that she is the natural parent, guardian and next friend of the Minor Plaintiff, Sebastian Sears,and no other party or entity owns or holds any claim or cause of action by, for or through the minor Plaintiff regarding the circumstances arising from the matters contained in this Release and Settlement Agreement.Jenna Sears represents and testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, Sebastian Sears. 7. Jenna Sears, in her representative capacity, does for the minor Plaintiff, and his successors, heirs, executors, administrators, representatives, insurers, agents, and assigns, covenant and agree that he will not institute any suit or action, or prosecute or in any manner voluntarily aid in the institution or prosecution of any claim, demand, suit, action or cause of action, State or Federal, against the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, with respect to any matter, cause or thing whatsoever arising out of, based in whole or in part upon, relating to,or existing,by reason of the transaction,events,occurrences,acts,omissions or failures to act,of whatever kind or character whatsoever,alleged or which could have been alleged,in this litigation with regards to Sebastian Sears. 8. The purpose of this Agreement is to accomplish the compromise and settlement of disputed and contested claims, and nothing in this agreement shall be construed as an admission by any party to this agreement of any liability of any kind to any other party to this agreement. The City denies the allegations set out in the claim and further denies the City is liable to Plaintiff in any respect whatsoever. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 2 9. Jenna Sears As Next Friend of minor Plaintiff Sebastian Sears, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff, or on Plaintiff's behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about July 21, 2017,made the basis of this claim, have been or will be paid or compromised by Plaintiff, and hereby agrees to 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 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. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF SEBASTIAN SEARS 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 SHE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY PLAINTIFF WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 11. This Agreement shall be governed by,interpreted,and enforced in accordance with the laws of the State of Texas applied to contracts made in Texas to be wholly performed in Texas by Texas domiciliaries. 13. By his signature hereto,the undersigned,Barry Martines,attorney for Jenna Sears As Next Friend of Sebastian Sears, a minor, and his law firm, hereby release the City of Fort Worth to the same extent Plaintiff has released them, 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-entitled referenced claim. 14. This Agreement shall constitute the complete expressions of the terms of the settlement. All prior and contemporaneous agreements, representations, and negotiations are superseded. 15. If any provision of this Agreement is illegal or unenforceable, then that provision shall be deemed stricken and all remaining provisions shall remain in force and effect. 16. 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 3 purposes. 17. Jenna Sears As Next Friend to Minor Plaintiff Sebastian Sears,represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that it has been fully explained,in detail,to her by Plaintiff s attorney and that it is fully understood. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 4 This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. EXECUTED on this the /-1day of 2019. Jenn S ars As e t Friend of Se&Atian Sears, minor THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged TOTIA; reonthe day of�Cj , 2019 by JENNA SEARS as Next Friend of SEBSEARS, a inor' PV./i, 6 NA H. TIJERINA ?r° A+�� Notary Pudic, State of Taxes ;'!`►•+qr Comm. Expires 0&-30.2023 Notary Public in and for e State of Texas Notary ID 10344077 APPROVED AS TO SUBSTANCE AND FORM: —AV Date: /O ,7 1 Barry Ma ines LAW OFFICE OF BARRY MARTINES 2601 Airport Freeway, Suite 100 Fort Worth, Texas 76111 (817) 838-9900 (817) 838-9940 Fax barry(a),barrymartines.com Attorney for Plaintiff Date: i s / 1 J 1 Mark A. Haney 6117 PuLs HANEY PLLC 301 Commerce, Suite 2900 Fort Worth,Texas 76102 (817) 338-1717 (817) 838-9940 Fax mhaneY&pulshaney.com Attorney Ad Litem OFFICIAL RECORD CITY SECRETARY FT. WORTH TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 5 APPROVED AS TO FORM AND SUBSTANCE: APPROVED: V*.")- Date: 10(rk( ll Valerie Washington Assistant City Manager APPROVED AS TO FORM: Date: (eph Cu iezu st t City Attorney ATTEST: :U' Mary J. Kays it Secretary c�C OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 6 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. 16L E Mit rd- Date: IO h 71 a ®� Deirdre O'Neal-Mills Risk Management Analyst OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 7