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Home My WebLink AboutContract 57545 DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-49961C7BCB53 CITY SECRETARY '^ONITRACTNO. 5�5 45 CAUSE NO.342-316676-20 STEVEN KEYS: AND SHERI § IN THE DISTRICT COURT EDWARDS § CSQ REC'D § MAY 12122 AM9:50 Plaintiffs, § § TARRANT COUNTY, TEXAS VS. § CITY OF FORT WORTH § § 342ND JUDICIAL DISTR5ICW' Defendant. COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Steven Keys, Plaintiff in the above-entitled and numbered cause, alleges that he was injured on or about April 27, 2019,when the vehicle that he was driving westbound on East Hattie Street in Fort Worth was struck by a City of Fort Worth police department vehicle owned by the City of Fort Worth (sometimes referred to herein as "City" or "the City") and operated by an employee of the City; and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth along with the negligence of its employee proximately caused the above-described accident; and, WHEREAS, as a result of such accident and the alleged injury of Steven Keys, Plaintiff filed suit against the City in the above-entitled and numbered cause, reference being made to the pleadings on file for a more full and complete description of Plaintiff's claims and cause of action; and, WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of tion of any kind which he may have against the City, its agents, employees, worker and representatives,and all others connected with or in privity with the City,arising out 9,f ry nneeted—_--- , COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-49961C7BCB53 in any way with the above described accident in consideration of payment by the City jointly to Plaintiff and his attorney, Nic Coward, of the sum of One Hundred and Fifty Thousand ($150,000.00) in full and final settlement of all claims arising out of the alleged injuries of Steven Keys and Plaintiff acknowledges that it is the intention of this agreement to compromise and settle all claims against the City under any other theory,whatsoever; and, WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff's 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. THE PARTIES AGREE AS FOLLOWS: l. That Steven Keys,Plaintiff herein,for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Steven Keys, and his attorney,Nic Coward, of the sum of One Hundred and Fifty Thousand ($150,000.00) in full and final settlement of all claims including injuries arising out of the April 27, 2019 incident herein described,the receipt and, sufficiency of such consideration being hereby acknowledged and confessed, Plaintiff does hereby 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. 342-316676-20, in the 342nd Judicial District, Tarrant County, Texas, including claims of 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys Pa�2 DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-4996lC7BCB53 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, employees, workers and representatives of the City of Fort Worth, and all others connected with or in privity wi the City of Fort Worth, its heirs, representatives, successors and assigns, from any and all clai s or causes of action, including any costs or expenses in connection therewith,which may hereafter be brought by Plaintiff, or by anyone on his behalf, arising out of the above described incident. Plaintiff further represents that he is the only person entitled to act on his behalf. In short,Plaintiff represents that he is the only person authorized to pursue any claim or cause of action arising om the alleged injuries and he agrees to defend, indemnify and hold harmless the City of Fort Worth against any claim hereafter asserted by anyone as a result of such alleged injuries. 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 his, or anyone else on his behalf or in any way pertaining to or arising out of the injury that allegedly occurred on or about April 27,2019, made the basis of this litigation,have 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 them 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 ay hereafter be made under the authority of the Texas Hospital Lien Law or any other state or fe eral statute, rule, or regulation PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID, OR OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEND�I FY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys Page 3 DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-4996lC7BCB53 CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. 4. 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 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 doubtful and 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. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and he hereby authorizes and directs his attorney,Nic Coward, to approve an Agreed Order of Dismissal,with prejudice,with respect to his claims and causes of action in the above entitled and numbered case. And, in this connection,Plaintiff and his attorney agree 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. That it is understood and agreed that all taxable court costs will be paid by the 1 iarty incurring same. 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 Steven Keys 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 his by his attorney and that it is fully understood. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys Pale 4 DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-4996lC7BCB53 9. That, by his signature hereto, Steven Keys represents and declares that he is ore than eighteen (18) years of age and is fully competent to enter into this Compromise Settle-f,ent Agreement And Release Of All Claims, that his 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 his as inducement to enter into this Compromise Settle 7ent Agreement And Release Of All Claims. 10. That, whether specifically stated or not, any reference herein to "Plaintiff' or "Steven Keys"refers to Plaintiff, Steven Keys. This agreement shall be effective as of the date the last party signature is affixed herer as indicated by the dates set forth below the respective signatures. Steven Keys, Plaintiff Date: 5/3/2022 STATE OF TEXAS § DALLAS COUNTY OF T AT A T'�T § BEFORE ME, the undersigned authority, on this day personally appeared Steven Keys, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3RD dad} of MAY , 2022. �i OFFICIAL RECORD CITY SE RETAov R v COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys FT. MAItTH,TX DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-49961C7BCB53 `UUUt111I// `�L1 C.. q"� jkY zX Notary Pu lic in and for the State of Texas .!oIFOF,% ` M COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys DocuSign Envelope ID:68F584C3-A4B6-4D6C-95B4-4996lC7BCB53 APPROVED AND AGREED TO: Date: 5/3/2022 Nic Coward Witherite Law Group,PLLC 10440 N. Central Expressway Suite 400 Dallas, TX 75231-2228 Telephone: (214)378-6665 Nic.Coward@witheritelaw.com APPROVED: � Date: S /Z 2aZa Assistant City Manager CITY OF FORT WORTH A ROVED AS TO FORM: �I'd-V'j I Date: << 2Z t p en m ie si ant City Attorney AT ��- Date:Ohnnitte Goodall, City Secr tar y Of �� ; FRWORTHM RECORD CITYETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Keys Page