HomeMy WebLinkAboutContract 57609 r CT Noo.57 rfc►09
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release("Agreement")is made and delivered by and among
the following: Diana Oviedo, Dependent Administrator of the Estate of Jose Antonio Vasqu z,
Deceased,the plaintiff in the Lawsuit described below("Vasquez");the City of Fort Worth,a for"Ier
defendant in the Lawsuit and Landon's employer(the"City");and Justin Landon,a defendant in the
Lawsuit ("Landon"). Collectively, Vasquez, Landon, and the City will sometimes be referred Ito
herein as the "Parties."
WHEREAS, Vasquez filed a lawsuit against Landon and the City, styled,Jose Vasguezi►).
Justin Landon, Civ, Action No.4:18-cv-340-P,in the United States District Court for the Northern
District of Texas, Fort Worth Division (the"Lawsuit"); and
WHEREAS,Vasquez asserted claims in the Lawsuit,including for alleged excessive force
and related claims against Landon and the City arising from the arrest of Vasquez on or about
July 16, 2017 (the"Incident"); and
WHEREAS,on or about September 24,2021,Vasquez_dismissed his claims against the City;
and
WHEREAS,during the course of the Lawsuit Jose Antonio Vasquez died,and Diana Oviedo
was appointed to serve as the dependent administrator of his estate; and
WHEREAS, the City has always assumed,and continues to assume, the costs of defense of
the Lawsuit for Landon including Landon's attorney fees; and
WHEREAS, the Parties desire to settle and compromise all claims asserted in the Lawsuit
and all matters related to the Lawsuit and the Incident in order to avoid the continued costs and
uncertainty of litigation; and
SF,TTt.EMFNT AGREEMENT AND RELEASE.-PAGE I OFFICIAL R COR
CITY SECRETARY �
OFFICIAL
WORTH, TX
WHEREAS;Landon and the City deny all liability and wrongdoing,and the Parties agree that
nothing herein shall constitute or be construed as an admission of any liability or wrongdoing by any
party,
NOW, THEREFORE, f6r and in consideration of the promises, representations, releases,
warranties and covenants contained in this Agreement, the Parties hereby agree as follows,
ARTICLE 1
Consideration
1.1 After this Agreement is firllyexecuted and delivered to all parties,the Parties sh 11
execute and file a Stipulation of Dismissal in the form attached hereto, dismissing all claims with
prejudice in the Lawsuit, with each party to bear its own costs and attorney fees.
1.2 Defendants agree to pay the total sum of$65,000 to Vasquez within 60 days of
the tiling of the stipulation of dismissal,with$55,000 o f said sum to be paid by the City and$10,000
of said sum to be paid by Landon.
1.3 Each party shall pay their respective attorney's fees and other costs.
1.4 The consideration for this Agreement includes(a) the consideration recited in
Article I of this Agreement; (b) the releases granted in Article 2 of this Agreement; (c) dismissal
with prejudice of the Lawsuit;and(d)the other promises and agreements set forth in this Agreement.
The Parties acknowledge the receipt and sufficiency of the consideration for this Agreement.
ARTICLE 2
Releases
2.1 Except for the obligations imposed on the Parties by this Agreement,Vasquez
on his own behalf and on behalf of his respective agents, employees, servants, representatives,
sF.,r,r1,F,NiF NI'AGRF.FDiFN'r AND RELFA5E-PACE 2
attorneys, insurers, reinsurers, subsidiaries, successors and assigns, and any entity claiming by,
through or under him,does hereby release,acquit and forever discharge Landon and the City as well
their respective agents, employees, servants, representatives, attorneys, insurers, reinsure is,
subsidiaries,successors and assigns,from and against any and all 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 judgment interest and
expenses), of any and every character, kind and nature whatsoever, at law or in equity, whether
known or unknown,past,present or future,accrued or unaccrued,contingent or fixed,whether based
on the law of contract, tort, or otherwise, whether under statutory law or the common law, ansi g
out of, resulting from, based upon or related in any way to the Incident, the subject matter of the
lawsuit,any other past incident or transaction between the Parties,or the actions of the Parties in the
negotiation and execution of this Agreement.
ARTICLE 3
Express Understandings and Acknowledgments
3.1 The Parties understand and acknowledge that this Agreement is a FUa,
UNCONDITIONAL AND COMPLETE RELEASE by Vasquez and includes all claims against t e
released parties,including,but not limited to claims for actual damages,exemplary damages,breach
of contract,fraud,violation of any federal or state constitutions,laws,or regulations,breach of duties
of good faith and fair dealing,bad faith,attorney's fees, interest,or any other cause of action whi h
was or could have been brought in the Lawsuit.
3.2 The Parties understand and acknowledge that upon execution of this Agreemc nt
there are no further obligations or duties of any kind, express or implied, legal or equitable, owed
SKI`IXAIENT AGREEWNT AND 14FAXASE,-PAGE.3
by any of the Parties to any of the Parties,with regard to the subject matter of the Lawsuit except as
provided in this Agreement.
3.4 The Parties understand and acknowledge that by executing this Agreement, no
Party admits any liability to any other Party,or any other person or entity by reason ofthe claims and
allegations made by the Parties,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 Df
liability of any of the Parties in any claim,cause of action or suit,except in a suit wherein a brea h
of this Agreement is alleged.
ARTICLE 4
Express Representations and Warranties
4.1 Each Party represents and warrants that the Party has not assigned,pledged,sold
or transferred any right,title or other interest,in any claim,cause of action or suit against any oft e
other Parties, to any person or entity. Each Party agrees to indemnify and hold harmless the other
Parties against any demand, claim or suit, including necessary expenses of investigation and
reasonable attorney's fees,in which allegations contrary to the representations and warranties in this
paragraph are asserted.
4.2 The Parties each represent and warrant that the person signing this Agreement on
its behalf is ful ly authorized and vested with the authority to do so.The Parties further represent and
warrant that upon execution this Agreement and the documents referred to in this Agreement sh ll
constitute valid and binding obligations of the Parties and shall be completely effective and sufficient
to vest such title or interest as is purportedly being conveyed. Each patty agrees to indemnify and
hold harmless the other Parties against any demand,claim or suit, including necessary expenses of
SF,TTLEMENT AGRFFMF.N,r AND RELEASE-PAGE 4
investigation and reasonable attorney's fees,in which allegations contrary to the representations and
warranties in this paragraph are asserted.
4.3 Vasquez represents and warrants that to his knowledge there exists no hospit 1,
medical, medicare, medicaid,or similar debt, claim,or lien arising from or related to any claim d
injuries of his allegedly related to or arising from the Incident.
4.4 Each Party represents and warrants that:
(a) Before executing this Agreement the Party read the Agreement, a�d
became fully informed of the terms, contents and conditions of this Agreement;
(b) Before executing this Agreement the legal import and effect of t is
Agreement was hilly explained to the Party by the Party's own attorney;
(c) In executing this Agreement the Party is relying only upon the Party's
own judgment and the advice of the Parry's attorney and that no other Party,other Party's attorney,
or any other person or entity, has made any promise or representation to induce execution of tl�iis
Agreement,other than the representations recited in this Agreement.
(d) The Party is entering this Agreement of the Party's own free will, d
that the Party has not been coerced or placed under any type of duress by any other Party,any other
Party's attorney, or any other person or entity to induce execution of this Agreement.
ARTICLE 5
Dismissal of Suit
S. Upon the execution of this Agreement,Vasquez shall file a stipulation of dismi s Seal
with prejudice in the Lawsuit and take other actions that may be necessary to dismiss the case and
all claims therein with prejudice. The stipulation or other motion shall provide that the mattei is
SETTLEMENT AGREEMENT AND RELEASE-PAGE 5
I
dismissed with prejudice to the right of any party to re-file same,and that all costs and attorney fees
are assessed against the party incurring same.
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 sh 11
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 e
unenforceable or invalid, the remainder of the Agreement shall not be affected.
6.4 This Agreement constitutes the entire agreement among the Parties Eld
supersedes all prior oral and written understandings and agreements among the Parties 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.
6.5 The parties agree that this Agreement(or any document containing the terms
of this Agreement) shall not be filed with any Court unless necessary to enforce the terms herein.
EXECUTED in multiple counterparts on the dates attested by the signatories below.
Diana Oviedo,Dependent Administrator of the Estate
of Jose Antonio Vasquez, Deceased
SETTLEMENT AGREEMENT AND RELEASF,-PAGE 6
OFFICIAL.RECORD
CITY SECRETARY
FT. WORTH TX
Justi on
STATE OF TEXAS $
COUNTY OF TARRANT §
M
This instrument was acknowledged before me on thoQ1 day of ,
2022,by Diana Oviedo,Dependent Administrator of the Estate of Jose Antonio Vasquez,Deceased,
MARIAFERNANDEZ fJ
Notary public,State o/Tecds
Comm. Pik 1S p7 2013
Noeeryi���4111g72
Not ry tc Sta of Texas
it
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of
2021, by Justin Landon.
ary Public, State of Texas
'r_.jjggaA -PAGE
fFT.
FICIAL REC
TY SECRET ITV
WORTH, TX
CITY OF FORT WORTH:
APPROVED:
C. k__ Date: SZq Z.z2
Assistant City Manager
CITY OF FORT WORTTI
APPROVED AS TO FORM:
U)Z � IRT11Date: 5.17.22
nn M. Winter
Senior Assistant City Attorney �`�•. ���
T 1 T: S•'•••..........
T CNr
Date:
/W,kity Secretary
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.
'0'�, 0 P,'j , -�A
Date:
OFFICIA1 RECORD
CITY SECRETARY
FT. WO ITH,TX