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HomeMy WebLinkAboutContract 50164 a 096-282354-15 ,r G,c ` a A. MACK, Individually and as § In the District Court Representative of the Estate of § GLORIA COPELAND MACK, § Deceased, § Plaintiff, § § for the 96th Judicial District V. § CITY OF FORT WORTH, § Defendant. § of Tarrant County,Texas COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS For the consideration described below, this Compromise Settlement Agreement and Release of All Claims (the "Agreement") is hereby entered into by Plaintiff Roy A. Mack, Individually and as Representative of the Estate of Gloria Copeland Mack, Deceased(hereinafter referred to as "Releasor"). Releasor hereby agrees as follows: A. CONSIDERATION AND RELEASE Releasor agrees to accept a cash settlement paid by or on behalf of Defendant City of Fort Worth in the total sum of $45,000 in full settlement, compromise, release, discharge, and acquittance of any and all claims and demands, known or unknown, of whatever kind or character, which Releasor, his heirs, successors, assigns and personal representatives, or any of them, may now have or hereafter have against Defendant City of Fort Worth, its insurers, heirs, successors, assigns, personal representatives, partners, agents, attorneys, and any and all parties in privity with such organizations or individuals, in their individual and representative capacities, (hereinafter collectively referred to as "Released Parties")arising directly, indirectly, or in any other way om tffle matters, acts OFFICIAL RECORD CITY SECRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 1 FT.Rbc,IW'- events, and omissions set forth and alleged, or which could have been alleged by Releasor in his pleadings in the above numbered and styled civil action made the basis of this lawsuit (the "Claim"). This Release is intended to be the most comprehensive possible, and includes any and all claims, known or unknown, which Releasor might have against the Released Parties related to the Claim. This Release includes, but is not limited to, any and all claims and demands for property damage of any kind, personal injuries, physical pain and suffering, physical disability, mental anguish, breach of contract, exemplary damages, statutory damages, attorneys' fees, and any and all other loss, expense and/or detriment of whatever kind or character, present, past or future, which Releasor may now have or hereafter have against Released Parties growing out of, resulting from, giving rise to, or connected in any manner with the events, circumstances and lawsuit herein described and all the alleged effects, damages and disabilities resulting therefrom. B. TAX TREATMENT Released Parties make no representations or warranties to Releasor regarding the income tax treatment of this settlement or any portion thereof and Releasor agrees that any decision of the Internal Revenue Service with regard to the taxation of this settlement is the responsibility of the Releasor and Releasor assumes all risks thereof. C. ASSIGNMENT OF CLAIMS It is warranted and represented that Releasor has not assigned any part of his claim, in part or in whole, to any other person or any entity, except the assignment made by Releasor to his undersigned attorneys. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,-,Page 2 1352810.1 2453.1 D. HEALTHCARE EXPENSES AND LIENS It is expressly understood and agreed that Releasor has not incurred any healthcare expenses as a result of the Claim, and there are no healthcare liens with respect to the Claim. E. MEDICARE SECONDARY PAYER Releasor and his counsel acknowledge and agree that, because there are no healthcare expenses as a result of the Claim, there is no need to comply with the requirements of 42 U.S.C. § 1395y(b) and the rules and regulations adopted thereunder. F. FINAL AGREEMENT RELEASOR FURTHER WARRANTS AND REPRESENTS THAT HE HAS ENTERED INTO THIS COMPROMISE SETTLEMENT AGREEMENT OF HIS OWN FREE WILL AND IN ACCORDANCE WITH HIS OWN JUDGMENT, AND AFTER CONSULTATION WITH HIS ATTORNEYS, AND THAT HE HAS NOT BEEN INDUCED TO ENTER INTO THIS COMPROMISE SETTLEMENT AGREEMENT BY ANY STATEMENT, ACT, OR REPRESENTATION OF ANY KIND OR CHARACTER ON THE PART OF ANY OTHER PARTY. RELEASOR UNDERSTANDS AND AGREES THAT THE CONSIDERATION RECITED IN THIS AGREEMENT IS IN FULL AND COMPLETE SATISFACTION OF ANY CLAIMS OR DAMAGES HE MAY HAVE AGAINST RELEASED PARTIES, AND THAT RELEASOR WILL NOT RECEIVE ANY FURTHER CONSIDERATION OF ANY TYPE FROM ANY OF THE RELEASED PARTIES. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 3 1352810.1 2453.1 G. NO ADDITIONAL PAYMENTS IT IS THE INTENTION OF THE RELEASOR THAT THE RELEASED PARTIES WILL NOT, AT ANY TIME, BE CALLED UPON TO PAY ANY FURTHER SUM TO RELEASOR, OR ANYONE CLAIMING BY, THROUGH OR UNDER RELEASOR, AS A RESULT OF THE CLAIMS OR SETTLEMENT OF THIS LAWSUIT. H. COUNSEL OF RECORD The Releasor represents that Macdonald Devin, PC is the proper and only law firm of record authorized to assert the claims asserted or assertable in the lawsuit, and there is no other counsel currently or previously associated with this case on his behalf. I. DISMISSAL WITH PREJUDICE Releasor or his attorneys of record will execute an agreed order of dismissal with prejudice contemporaneously with the execution of this agreement, with each party to pay their own attorneys' fees and court costs. J. NO ADMISSION OF LIABILITY Releasor agrees and acknowledges that this settlement is being made by Released Parties in order to avoid further trouble, litigation, and expense, and is the compromise of doubtful and disputed claims, that none of the Released Parties admit liability for the causes of action asserted by Releasor, and that Released Parties have at all times and still do expressly deny any and all liability for the claims asserted against them in the above numbered and styled civil action. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 4 1352810.1 2453.1 K. BINDING AGREEMENT This Agreement and all of the terms herein are binding upon and inure to the benefit of Releasor's respective heirs, successors, assigns and personal representatives. M. PARTIAL INVALIDITY Should any term or provision of this Agreement be declared invalid by any Court of competent jurisdiction, Releasor and Released Parties intend that all other terms and provisions of this Agreement shall remain valid and binding and have full force and effect as if the invalid portion had not been included. N. GOVERNING LAW Releasor and Released Parties expressly agree that this Agreement is governed by, and will be construed and enforced in accordance with Texas law. Gnu. 2zo SIGNED this day of-eeot.. Roy A.'Mack, Releasor COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS--Page 5 1352810.1 2453.1 APPROVED: Bryan Rutherford Texas Bar No. 2402 628 BRutherfordaMacdonaldDevin.com Patrick F. Madden Texas Bar No. 00787943 PMadden@MacdonaIdDevin.com Macdonald Devin,PC 3800 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2130 214.744.3300 Telephone 214.747.0942 Facsimile Attorneys for Plaintiff STATE OF i R Y n i § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Roy A. Mack, known to me to be the individual whose name is subscribed hereinabove, and after being duly sworn on his oath stated that he has read and fully understands the foregoing Compromise Settlement Agreement and Release of All Claims, and that he has executed same for the purposes and consideration and in the capacity therein stated. SUBSCRIBED AND SWORN TO this "day of �n�ot 201f. �.``a'v"n'�•,, JULIE ELLEN RITCN I Notary Public,State of Texas �y +:' Comm. Expires 06-03-2020 � Notary ID 2275941 Notal' Public, in and for the State of Texas COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 1352810.1 2453.1 APPROVED: Date: Susan Alanis Assistant City Manager /V. 2!2 Date: Harvey L. Frye,Jr. Assistant City Attorne O�F°RT d'1� Date: Mary J. Kay S' City Secretary ` �XAS 1295: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 7 1352810.1 2453.1