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HomeMy WebLinkAboutContract 47506 vah l 8 9 1p 77�? l MYSECRETAW CONcT w. r lJ CAUSE NO. 2015-003161-3 RITA SANCH -Ind NATHANIEL § IN THE COUNTY COURT AT LAW OF o, GALATA, Individually and as Next § << endo 7 IAH GALATA, § - 0169 L Plaintiffs, § § TARRANT COUNTY, TEXAS VS. § THE CITY OF FORT WORTH, § Defendant. § COURT NUMBER THREE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS is made and entered into by and between Nathaniel Galata and the City of Fort Worth, Texas. ARTICLE I-DEFINITIONS As used in this Agreement,the following terms shall have the definition indicated in this Article. 1.1. "Agreement" shall mean this Settlement Agreement and Release of All Claims. 1.2. "Plaintiff'shall mean Nathaniel Galata. 7 1.3. "City" shall mean the City of Fort Worth. ; ?j.r�<<' AT 1.4. "Parties"shall mean Nathaniel Galata and the City, collectively. y'� (` ATH9 1.5. "Claims" shall mean any and all of Nathaniel Galata's claims against the City. ARTICLE H-RECITALS AND PURPOSE 2.1. Plaintiff brought suit due to a car accident that occurred on or about April 20, 2014, at the intersection of Forest Park Boulevard and Cantey Street, in Fort Worth,Texas, 2.2 Plaintiff alleges that he was the driver in an automobile when Defendant's employee, driving a City vehicle, ran a stop sign and crashed into the vehicle in which he was driving. As a result of the incident he allegedly suffered injuries as outlined in his Original Petition. 2.3. Defendant asserts, and continues to assert, that it is not liable for the accident and resulting injuries. However, the Parties desire to settle, in the manner set forth herein, any and all claims or controversies between them in order to avoid future uncertainty and any further litigation. SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 1 0 y CAt',- Sav'tckf , t!4ctI mss. cF-c-) NOW,THEREFORE, upon the execution of this Agreement and in consideration of the mutual promises and agreements contained herein, the Recitals contained herein, and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree to the following: ARTICLE III-TERMS OF AGREEMENT 3.1. Consideration. In consideration for Plaintiff's promises and covenants herein, the City makes the following promises: payment to Nathaniel Galata and his Attorney, Wade A. Barrow, of The Law Offices of Steven C. Laird PC, the sum of$11,500.00 (Eleven Thousand Five Hundred Dollars). Payment of the above fees and damages shall be made by check payable to Nathaniel Galata and The Law Offices of Steven C. Laird PC for distribution. Plaintiff agrees that this payment and promise by the City is sufficient consideration for the promises and covenants made in this Agreement. Further, Plaintiff acknowledges that this is a complete and final release and that no other money is to be paid to him or on his behalf, on account of any cause of action or claim he may have against the City as of the date of this agreement for matters forming the basis of his lawsuit. 3.2. Release of All Claims and Disputes and Covenant Not to Sue. Plaintiff, for himself and on behalf of his attorneys, heirs, assigns, successors, executors, and administrators, IRREVOCABLY AND UNCONDITIONALLY RELEASES, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE the City and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from and for any and all claims, complaints, obligations, promises, agreements, causes of action, debts, demands, costs, losses, damages, and expenses (including, without limitation, attorney's fees) whatsoever, pled or unpled, other than any arising from a breach of this Agreement, under any municipal, local, state, or federal law, common or statutory, for any acts or omissions whatsoever, whether known or unknown, fixed or contingent, liquidated or unliquidated, specifically including, but not limited to, any claim Plaintiff may have against SETTLEMENT AGREEMENT AFND RELEASE OF ALL CLAIMS Page 2 of� the City arising from the matters that form the basis of his lawsuit, including, but in no way limited to, claims brought pursuant to Section 101.021 of the Texas Civil Practice&Remedies Code. 3.3. Hospital Liens and Medicare. 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 Plaintiff, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about April 20, 2014 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, 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 as well as any subrogation claim ever asserted by any party including any insurance company or self-insured. PLAINTIFF REPRESENTS THAT NONE OF HIS 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. 3.4. Taxes. The Parties will report, as may be required by law, their respective payments and receipts of the amounts described herein. Each party shall bear its own respective tax liability, if any, arising from the payment made pursuant to the terms of this Agreement. Plaintiff acknowledges that the SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 ofV 6,�C' sqVIC � r ' -4 C ( Us. ( City has made no representations to him regarding the tax consequences of any amount or benefit received by his pursuant to the terms of this Agreement. 3.5. No Admission of Liability. Plaintiff understands and agrees that this Agreement is made for the sole purpose of resolving the differences between the Parties. The City specifically disclaims any liability to Plaintiff, and this Agreement shall not, in any way, be construed as an admission of liability by the City. 3.6. Entire Agreement. The Parties agree that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or undertakings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed orally, and any changes or amendments must be signed by all Parties affected by the change or amendment. 3.7. Governing Law. It is understood and agreed that this Agreement shall be governed by and construed and enforced in accordance with, and subject to, the laws of the State of Texas, to the extent not preempted by federal law. 3.8. Counterparts. It is understood and agreed that this Agreement may be executed in multiple originals and/or counterparts, each of which shall be deemed an original for all purposes, but all such counterparts together shall constitute one and the same instrument. 3.9. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 3.10. Severability. If any section, paragraph, sentence, clause, or phrase contained in this Agreement shall become illegal, null, or void, or shall be found to be against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal,null, or void, or against public policy, the remaining sections, paragraphs, sentences, clauses, or phrases contained in this Agreement shall not be affected thereby. Furthermore, in lieu of each such section, paragraph, sentence, clause, or phrase, there shall be added automatically as a part of this Agreement another section, paragraph, sentence, clause, or phrase as similar as may be possible which is legal,valid, and enforceable. SETTLEMENT AGREEMENT AND °�RELEASE OF ALL CLAIMS Page 4 U7 l / 3.11. Waiver. The waiver of any breach of any provision hereunder by any Party to this Agreement shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. 3.12. Representations. The Parties hereto, and their authorized agents or representatives, if any, hereby acknowledge and expressly warrant and represent, for themselves and for their predecessors, successors, assigns, heirs, executors, administrators, and legal representatives, that they (a) are legally competent and authorized to execute this Agreement; (b) have not assigned, pledged, or otherwise in any manner, sold or transferred, either by instrument in writing or otherwise, any right,title, interest, or claim that the Parry may have by reason of any matter described in this Agreement; (c) have read and understand the effect of this Agreement; (d) are or have had the opportunity to be represented by independent legal counsel of their choice; (e) have received all additional information requested prior to executing this Agreement; (f) execute this Agreement of their free will and accord for the purposes and consideration set forth herein, without reliance upon any statement, representation, or inducement of any other party or person not contained herein; (g) have the full right and authority to enter into this Agreement and to consummate the transfers and assignments contemplated herein; (h) are authorized to sign this Agreement on behalf of any of the Parties hereto; and (i) will execute and deliver such further documents and undertake such further actions as may reasonably be required to effect any of the agreements and covenants in this Agreement. 3.13. Acknowledgments. By executing this Agreement,Plaintiff acknowledges that(a)he has been given a reasonable time to consider this Agreement; (b)any and all questions regarding the terms of this Agreement have been asked and answered to their complete satisfaction; (c) he has read this Agreement and fully understand its terms and their import; (d) except as provided by this Agreement, he has no contractual right or claim to the benefits described herein; (e)the consideration provided for herein is good and valuable; and (f) he is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence,threat,or intimidation of any kind or type whatsoever. 3.14. This Settlement and Release of All Claims is not construed more favorably toward any party. SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 oTfT� F f1 56,7 vtc Gi e-3, �1 v C � EXECUTED this_/_3:7-day of ,2015. Nathaniel slat APPROVED AS TO FORM AND SUBSTANCE: Wade A. Barrow,Lead Attorney State Bar No. 24031844 LAW OFFICES OF STEVEN C.LAIRD,P.C. 1824 8th Avenue Fort Worth,Texas 76110 Attorney for Plaintiff Nathaniel Galata SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 ov? 12i-4 S q"c k "o3, e-� Q l L"5 C Fw THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned Notary Public, on this day personally appeared Nathaniel Galata, a person whose identity is known to me, and acknowledged to me that he has read the foregoing Settlement Agreement and Release of All Claims, and that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on the day of (AA�^V� 2015. f ;;i9v gill CINDY A.TURLEY No ary Public in d for * = MY COMMISSION EXPIRES The State Texas September 23,2017 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 7 of/,,/,? ua 5gvich-c3, f-4 a/ us. Crw By: Valerie Washington Assistant City Manager, City of Fort Worth APPROVED AS TO FORM AND SUBSTANCE: L/ I BRANDON W. CARR Assistant City Attorney State Bar No. 24074004 Brandon.Carr&fortworthtexas. oovv STEPHEN A. CUMBIE Assistant City Attorney State Bar No. 24056724 Stephen.Cutnbiegfortworthtexas. oovv ATTORNEYS FOR DEFENDANT CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Phone: 817-392-7600 Fax: 817-392-8359 Attested by: z. Mary . Ka , Secretary % 8 FOFFICIALC0 ARV TX SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 8 of 8 1�;�,,L Sa vtc k?3, e4- a / us. C Fw