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HomeMy WebLinkAboutContract 56506 CITY SECRETARY r.�. 6®. �10 � aF�aR�W�t� CAUSE NO.JP01-21-SC00014759 6 tv, A�Y PROGRESSIVE COUNTY MUTUAL § IN THE JUSTICE COURT INSURANCE COMPANY § Plaintiff, § § PRECINCT No. 1 V. § JESUS ADRIAN CONTRERAS and § FORT WORTH § TARRANT COUNTY,TEXAS POLICE DEPARTMENT, Defendants. SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and delivered by and among Progressive County Mutual Insurance Company ("Progressive") and the City of Fort Worth, all of whom are sometimes collectively referred to herein as the"Parties." WHEREAS, Progressive sued the City of Fort Worth as subrogee as its insured Paw Wall; WHEREAS,Progressive sued the City of Fort Worth arising out of an automobile accident between its insured, Paw Wall, and a police vehicle owned and operated by the City on April 2, 2020; and WHEREAS, Progressive alleges their vehicle, a 2020 Honda Civic LX VIN 2HGFB2F56CH327698,was damaged as a result of the accident. WHEREAS,the Parties desire to settle the property damage in controversy, NOW, THEREFORE, for and in consideration of the promises, representations, releases, warranties, and covenants contained in this Agreement,the Parties hereby agree as follows: ARTICLE 1 Consideration I.I. The Parties shall cooperate in executing and filing a Notice of Nonsuit with prejudice and shall submit same to the Court for entry. 1.2. The City of Fort Worth,shall pay to Plaintiff, Progressive the total sum of$4,415.90 within 14 days of its receipt of a fully-executed copy of this Agreement. Progressive a/s/o Paw Wah v. City of Fort Worth. —Settlement.4greement&Release 1:at ,e i 1 UFMOAL RECORD aTV SECRETARY 77 AAd- TRIF.Tx 1.3. No party shall pay costs or attorney's fees to any other party. 1.4. The consideration for this Agreement includes (a) the consideration recited in Article 1 of this Agreement; (b) the releases granted in Article 2 of this Agreement; (c) dismissal with prejudice of the Lawsuit; and (d) the other representations, warranties, promises, and agreements set forth in this Agreement. The Parties acknowledge the receipt-and- dD sufficiency of the consideration for this Agreement. QS- ARTICLE 2 Release Except for the obligations imposed on the Parties by this Agreement, Progressive on its own behalf and on behalf of its insured, agents, attorneys, successors, and assigns, and any person or entity claiming by,through or under it, does hereby release, acquit and forever discharge the City and each of its current or previous agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns (collectively,the"Released Parties"),from and against any and all property damage claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post j udgment interest and expenses),arising out of,resulting from,based upon,or related in any way to the accident made the subject matter of the lawsuit,JP01-21- SC00014759,in the Justice Court,Precinct 1,Tarrant County Texas. ARTICLE 3 Express Understandings and Acknowledgments 3.1. The Parties understand and acknowledge that this Agreement constitutes a FULL, UNCONDITIONAL AND COMPLETE RELEASE and includes all property damage claims against the City, including, but not limited to claims for actual damages, compensatory damages, exemplary damages, punitive damages, violations of any federal or state common law duty, statute, or regulation, attorney's fees, interest, or any other property damage cause of action that was or could have been brought in the Lawsuit or otherwise relating to or arising from the Accident. 3.2 The Parties understand and acknowledge that upon execution of this Agreement there are no further obligations or duties of any kind,express or implied, legal or equitable,owed by any of the Parties to one another with regard to the subject matter of the Lawsuit, except as may be expressly provided in this Agreement. 3.3 The Parties understand and acknowledge that by executing this Agreement,no party admits any liability, such liability being specifically denied. The Parties understand and acknowledge that this Agreement is made as a compromise and shall never be used as evidence of liability or wrongdoing of any of the Parties in any claim, cause of action or Progressive a/s/o Paw Wah v. City of Fort Worth.—Settlement Agreement&Release Page 12 suit, except in a suit wherein a breach of this Agreement is alleged. ARTICLE 4 Express Representations and Warranties Progressive represents and warrants as follows: 4.1 Progressive is legally competent and have capacity to execute this Agreement. 4.2 All expenses of any and every nature and character whatsoever incurred by Progressive arising from the Accident or in connection with the Lawsuit have been or will hereafter be paid in full by Progressive, including, but not limited to any and all claims of'others who may claim a lien, subrogation, or other rights with respect to or related to the Accident described above and cost of repair, loss of use, diminution in value and all property damage claims,whatsoever incurred or sustained as a result of it. 4.3 Progressive has not assigned, pledged or otherwise in any manner whatsoever sold or transferred, either by instrument in writing or otherwise, any right, title, interest or claim that it has or may have by reason of the Occurrence or any matters arising out of or related thereto. 4.4 Before executing this Agreement, Progressive has fully informed itself of its terms, contents, conditions and effect, and no promise or representation of any kind has been made to it by the Released Parties or by anyone acting for them,except as is expressly stated in this Agreement. 4.5 Progressive has relied solely and completely upon their own judgment and the advice of their counsel in making this settlement, and both filly understand that this is a full, complete and final release, and that the aforementioned$4,415.90 is all the money that is to be paid by the City to Progressive as a result of the Accidenvwhich underlies the released claims,and that Progressive will have no further rights to appeal. 4.6 T21ie-Progressive acknowledges that each of the above warranties and representations is a (4✓ material and inducing condition precedent to the funding of the consideration of this Agreement. ARTICLE 5 Dismissal of Suit Upon the execution of this Agreement,the Parties shall mutual ly cause their respective counsel to file a joint motion or stipulation of dismissal with prejudice in the Lawsuit. The motion or stipulation shall provide that the matter is dismissed with prejudice to the right of any party to re-file same, and that all costs are assessed against the party incurring same. Progressive alslo Paw Wah v. City of Fort Worth.--Settlement Agreement&Release Page J 3 ARTICLE 6 Miscellaneous 6.1 This Agreement shall be governed and interpreted in accordance with the laws of'the State of Texas. 6.2 This Agreement and the rights and obligations included in this Agreement shall inure to the benefit of and be binding upon each party to this Agreement and their respective successors and assigns. 6.3 If any provision or term of this Agreement shall for any reason be held to be unenforceable or invalid, the remainder of the Agreement shall not be affected. 6.4 This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings and agreements between the Parties or any of them with respect to the subject matter of this Agreement. The provisions of this Agreement shall not be waived, modified or amended except by subsequent writing signed by all Parties. EXECUTED in multiple counterparts on the dates a y the signatories below. rogressive Fire an asualty Insuranc Company STATE OF'FE#t�cS OHIO COUNTY OF TARRANT § �- HAMILTON This instrument was acknowledged before me on the day of October , 2021, by Authorized Representative Rebecca Wright as of Progressive F' and asualty Insurance Company. Nota ublic in an he State of Texas Ohio APPROVED AS TO FORM: �,°'.�\�� f. ,�1t�TA'• 9/2912021 .:,..% Date: Jes kates At rney for Plaintiff, Progressive cr/s/a Paw Wah v. City of Fort 1 , Lt�8»rent Agreement&Releas RG file 3091922 LFT. ���REC"RD Y SECRETARY WORTH,TX I APPROVED: U17d Date:_ /016 ZZ021 141Jesus"Jay"Chapa -- Assistant City Manager CITY OF FORT WORTH APP VED AS TO FORM: l • Date: ! ZO 24 Lyn . Winter Senior Assistant City Attorney ATTE CA— Date:/617 &1 -/ Ronald P.Gonzales,Acting Ci ecretary 0 �XAS Progressive a/s/o Paw Wah v. City of Fort Worth.—Settlement Agreement&Release P u g e 15 OFMCPAL RECORD CITY SECRETARY