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HomeMy WebLinkAboutContract 48765t''? � � ` . RECEti/Ep �Et�F+I� ` :_ �UI ! cirr o� FORr woRht CITYSECR�?'A��' CAUSE NO. 2014-006080-1 I�ENIA GARCIA-GOMEZ and ROSA ARASO, Individually and as Next Friend Of YOSMARY RODRIGUEZ, a Minor, and LUIS MURILLO, Plaintiffs, v. THE CITY OF FORT WORTH, Defendant. § § § § § § § § § § § § CITY �CRETARI� �� � CONTRACT N0. �'� (� ' 1N THE COUNTY COURT AT LAW No. 1 T�IRRANT COLTNTY, TEXAS CONIPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Yosmary Rodriguez (hereinafter sometimes refez�ed to as "Plaintiff') in the above-entitled and numbered cause, alleges that on or about October 14, 2014, she received personal injuries when the vehicle she was riding in collided with a City of Fort Worth vehicle driven by a City of Fort Woi-th employee in Fort Worth, Tai-rant County, Texas; and, WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth (hereinafter sometimes refeiyed to as "City"), along with the negligence of its employee proximately caused the above-described accident; and, WHERF;.hS, as a result of such accident and injuries and damag�s allegedly suffered by Plaintiff, suit has been filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said cause 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 action of any kind which she may have against the City, its agents, employees, worlcers representatives, and all others connected with or in privity with the City, arising out of COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 1 connected in any way with the above described accident in consideration of payment by the City jointly to Plaintiff and her attorney, James R. Baudhuin, of the sum of Fifteen Thousand Dollars ($15,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Yosmary Rodriguez; and, WHEIZEAS, even though City denies any liability of any lcind 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 io avoid further time consuming and costly litigation; and, WITEREAS, at the time of the alleged accident described above and at the time this lawsuit was filed Plaintiff, Yosmary Rodriguez, was a minor and, therefore, suit was filed on her behalf by Rosa Araso as next friend of Yosmary Rodriguez; and, WHEREAS, Plaintiff, Yosmary Rodriguez, attained her 18th birthday on October 3, 2016 and is competent to execute this Release on her own behalf NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. That Yosmary Rodriguez, Plaintiff herein, for and in consideration of payment by the City of Fort Worth, jointly to Plaintiff, Yosmary Rodriguez, and her attorney, James R. Baudhuin, of the sum of Fifteen Thousand Dollars ($15,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Yosmaty Rodriguez, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff for herself, her representatives, successors and assigns, Plaintiff does hereby unconditionally release, acquit and forever discharge the City of Fot�t Worth, and its agents, employees, worlcers 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 assei�t by _ COMPROMISE SETTLEMENT AGREEM�NT AND RELEASE OF ALL CLAIMS Page Z reason of the above described incident together with all claims heretofore asserted in Cause No. 2014-006080-1, in County Court at Law No. 1, Tar�ant County, Texas, including claims for physical pain and mental anguish, medical expenses (past and future), loss of earning capacity and any other kind, character or nature of damage which could or might be the subject of a claim by her arising from the incident hereinabove described. 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 with the said City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff, or by anyone on her behalf, arising out of the above described incident. 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 Plaintiff, or on her behalf, or in any way per-taining to or arising out of the injury that allegedly occurred on or about October 14, 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 Fbt-t Worth, and any other person, corporation, association, pai-tnership, 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 her•eafter be made under the authoiity of the Texas Hospital Lien_Law or any other state or_federal statute, rule, or_regulation. _ COMPROMISE SETTLEM�NT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF PLAlNTIFF, YOSMARY RODRIGUEZ, HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAlNTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAlNTIFF 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. 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 City regarding whether or not it is liable for any damages aIleged 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 agY•ees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and she hereby authorizes and directs her attar•ney, James R. Baudhuin, to approve an Agreed Order Of Dismissal, with prejudice, wiih respect to her claims and causes of action in the above entitled and numbered case. And, in this connection, Plaintiff COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 and her 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 party 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 Plaintiffs, Yosmary Rodriguez and Rosa Araso, represent and acknowledge 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, in Spanish, if necessary, to them by their attorney and that it is fully understood. 9. That, by her signature hereto, Yosmary Rodriguez represents and declares that she is more than eighteen (18) years of age and is fully competent to enter into this Compromise Settlement Agreement And Release Of All Claims, that her 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 her as inducement to enter into this Compromise Settlement Agreement And Release Of All Claims. 10. That Plaintiff, Rosa Araso, states that at the time of the accident �escribed above and at the time of the filing of this lawsuit, Yosmary Rodriguez was a minor and, therefore, Rosa Araso filed this lawsuii as next friend of Yosmary Rodriguez. Plaintiff, Rosa Araso, fui-ther states that Plaintiff, Yosmary Rodriguez, attained her 18th birthday on October 3, 2016 and, therefore, is fully competent to execute this Release on her own behalf. Therefore, Plaintiff, Rosa _ _ _ _ _ ._ COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 Araso, in all things, approves of the settlement of all claims of Yosmary Rodriguez against the City of Fort Worth. 11. That the style of this case refers to "Rosa Araso, Individually and as next Friend of Yosmary Rodriguez" (emphasis added). However, Rosa Araso suffered no damage in her individual capacity as a result of the accident mentioned above and filed suit only on behalf of Yosmary Rodriguez. Therefore, in consideration of the settlement of this entire lawsuit, Rosa Araso releases the City of Fort Worth fiom all claims she may have or claim to have as a result of that accident. 12. Yosmary Rodriguez and Rosa Araso acknowledge that the City of Fort Worth relies on their representations that Yosmary Rodriguez has attained the age of 18 years and is, in all things, competent to execute this Release. In consideration of this reliance by the City of Fort Worth and the settlement of this lawsuit on the terms described above, if this information is incorrect, Yosmaxy Rodriguez and Rosa Araso agree to indemnify the City of Fort Worth and all agents, employees, workers and representatives of the City of Fort Worth and all others connected with the said City of Far-t Worth, its heirs representatives, successors and assigns for any damage suffered by any of them as a result of such reliance. The terms of this Settlement Agreement and Release of All Claims�are contractual and not mere recitals and it is the intent of Yosmary Rodxiguez and Rosa Araso to once and forever compromise, settle and release all claims they may have against the City of Fort Worth as a result of the accident mentioned above. This agi•eement shall be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective signatures. COMPROMISE SETTLEMENT AGRE�MENT AND RELEASE OF ALL CLAIMS Page 6 \ � �� � ' 1? ) 1 ��1 ,U ��/? � Yo, ary Rodr guez � Plaintiff Date: r�% — �p — � � .�-- _�y�� . _�� -i • 1 � I � I Date: /r ' �� � � � OFFICIAL RECORD CITY SECRETARY FT. WORTH; TX COMPROMISE SETTLEMENT AGR�EMENT AND RELEAS� OF ALL CLAIMS Page 7 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undeisigned authority, on this day personally appeared Yosmas•y Rodriguez, lcnown to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged to me that she executed the same as her fi•ee act and deed for puiposes and consideration therein expressed. 2016. GIVEN IJNDER MY HAND AND SEAL OF OFFICE this b day of �, C Notar Public in and for the State of Texas a..�o `4py,Y�PUp�' BOS�Y LACKEY i°' ?=, MY COMMISSIOtJ EXPIRES ��-:�: S�P7EMBER 4, 2020 ''''Fpf{?*�` NnTARY la: 10480222 OFFICIAL RECORD CtTY SECRETARY FT. WORTH, TX COMPROMIS� SETTLEMENT AGR��MENT AND RELEASE OF ALL CLAIMS Page 8 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Rosa Araso, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed for• puiposes and consideration therein expressed. 2016. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of DCi� , �lv otary ub ic in and for the State of Texas "" BOSBY IACKEY `pY PUB ?��' ��= MYCOMMISSION EXPIRES 't'�"`' SEPTEMBER �1, 2020 �'y'.?��;,� NOiARY ID: 10480222 OFFICIAL RECORD CITY SECRETARY — - - ------ -- F7'. WORTH, TX -- — COMPROMISE SETTLEMENT AGREEM�NT AND RELEASE OP' ALL CLAIMS Page 9 Translator: STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , a person fluent in Spanish and English and states that that he/she has interpreted the above Compromise Settlement and Release of All Claims for Rosa Araso, that Rosa Araso understands and agrees to the terms as stated and accepts the same as her free act and deed for purposes and consideration therein expressed. GIVEN IJNDER MY IIAND AND SEAL OF OFFICE this day of 2016. Notary Public in and for the State of Texas COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 10 �":• �� �.,�.� �`,[--- Assistant City Manager CITY OF FORT WORTH �-�--_ ; ? .� �' � Hajvey L. Frye, Jr. Assistant City Attorney ATTEST: ;����� Mary J. Kay Date: 3 // �7 Date: � � � �l� �- Date: OFFICIAL RECORD CITY SECRETARY PT. WORTH, TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OT ALL CLAIMS Page 11 Contract Compliance Manager: By signing I acicnowledge that I am the per•son responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � . Harvey L. Frye, Jr. ���' v�= -i �. , f—�, -�. J��' Senior Assista t City Attorney �FF�CIAL RECORD CITY SECRETARY IT. WORTH, TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 12