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HomeMy WebLinkAboutContract 52161 w CITY SECRETARY CONTRACT No. 5 a I(0 I CAUSE NO. 2016-000171-3 THE STATE OF TEXAS § IN THE COUNTY COURT Plaintiff § VS § AT LAw No.3 ALL ITEMS ON EXHIBIT A § Defendant § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Compromise Settlement Agreement And Release Of All Claims is between Jose Manuel Gonzalez, sometimes referred to as Mr. Gonzalez or Third Party Plaintiff, and the City of Fort Worth, sometimes referred to as the City or Third Party Defendant and does not affect Mr. Gonzalez's claims, if any, against the State of Texas. All references to Mr. Gonzalez refer to him in his individual capacity and to any business entity with which he is associated or was associated at the time of the alleged acts and omissions of the City described below. In short, it is the purpose of this Agreement to release the City from all claims arising from the alleged acts and omissions described below. This Agreement augments, but does not nullify, the Memorandum of Settlement executed March 1, 2019 at the mediation of this case. WHEREAS, even though the correct style of this case is "The State Of Texas v All Items On Exhibit A", on or about May 17, 2018 Third Party Plaintiff filed a First Amended Third-Party Petition And Counterclaim incorrectly styled "Jose Manuel Gonzalez v City Of Fort Worth and State Of Texas." Regardless of the style of the case, it is the intention of Jose Manuel Gonzalez to release all claims he has against the City of Fort Worth as a result of seizure of property at or near an his places of business on or about December 1, 2014 including all claims asserted by Jose Manuel Gonzalez in Cause Number 2016-000171-3 and all claims that could have been asserted in that cause; and OFFICIAL RECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FT. Q , T WHEREAS, Jose Manuel Gonzalez alleges that on or about December 1, 2014 the City of Fort Worth, without probable cause or a proper warrant, seized property from Mr. Gonzalez alleging that such property was stolen, but never prosecuted Mr. Gonzalez; and WHEREAS, Mr. Gonzalez alleges that such acts and omissions on the part of the City constitute a violation of the provisions requiring due process, protection against unreasonable search and seizure, due course of law and equal protection of the Texas Constitution and that he suffered monetary damage as a result of the acts and omissions of the City; and WHEREAS, as a result of the alleged acts and omissions of the City and the alleged monetary damage described above, Mr. Gonzalez filed suit 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 Mr. Gonzalez's claims and causes of action; and WHEREAS, Third Party Plaintiff, Jose Manuel Gonzalez, has offered to compromise and settle all claims and causes of action of any kind which he may have or claim against the City, its agents, employees, workers and representatives, and all others connected with or in privity with the City(not the State of Texas), arising out of or connected in any way with the above described alleged acts and omissions of the City, in consideration of payment by the City jointly to Plaintiff and his attorney, Francisco Hernandez, of the sum of Forty-Six Thousand Two Hundred Seventy-Five and 75/100 Dollars ($46,275.75) and the return of all or part of the property in question as described below in full and final settlement of all claims arising out of the alleged injuries and damages of Jose Manuel Gonzalez and Mr. Gonzalez 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 acts and omissions made the subject of Third Party Plaintiff's suit, City has agreed to the COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 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: 1. Jose Manuel Gonzalez, Third Party Plaintiff herein, for and in consideration of payment by the City of Fort Worth,jointly to Third Party Plaintiff, Jose Manuel Gonzalez, and his attorney, Francisco Hernandez, of the sum of Forty-Six Thousand Two Hundred Seventy- Five and 75/100 Dollars ($46,275.75) and the return of all or a portion of the property in question as described below in full and final settlement of all claims arising out of the alleged acts and omissions described above and the receipt and sufficiency of such consideration being hereby acknowledged and confessed, Mr. Gonzalez 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 (not the State of Texas), of and from any and all claims of every kind, character or nature which said Mr. Gonzalez might assert by reason of the above described alleged incident together with all claims heretofore asserted in Cause No. 2016-000171-3, in the County Court at Law No. 3, 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 alleged incident hereinabove described. 2. In addition to the monetary payment described above, the City will allow Mr. Gonzalez, at his own expense, to retrieve all or some of those items of property allegedly seized by the City as described above which items are currently stored at the City's auto pound. The retrieval will take place at a mutually agreeable time as described in the Memorandum of Settlement executed by the parties at the mediation of this case. Those items retrieved by Mr. Gonzalez will be taken by him "as is" and no further sums, whatsoever, will be paid for any COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 damage to that property. Mr. Gonzalez relinquishes any claim, whatsoever, to any property not retrieved by him as described above. 3. Mr. Gonzalez represents that he is the only person entitled to possession of the property allegedly wrongfully seized by the City as described above, including the property to be released to him by the City and he agrees to defend, indemnify and hold harmless the City against any claim hereafter asserted by anyone who claims to be entitled to that property or who claims to have been damaged by the City's seizure of that property.. 4. Mr. Gonzalez acknowledges that he has been represented in this litigation by attorneys, Francisco Hernandez and Jason Smith. Mr. Hernandez is lead counsel and Mr. Gonzalez and Mr. Hernandez have instructed the City to make the settlement check out to Mr. Gonzalez and Mr. Hernandez and they promise to defend, indemnify and hold harmless the City against any claim by Jason Smith to any of the proceeds of this settlement or any other claims for attorney's fees or expenses. 5. 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 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 all of Mr. Gonzalez's claims and liability for Mr. Gonzalez's alleged damages, if any, and intends, by this settlement, merely to buy its peace. 6. Third Party Plaintiff, Jose Manuel Gonzalez, agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, as to the City of Fort Worth and he hereby authorizes and directs his attorney, Francisco Hernandez, to approve an Agreed Order of Dismissal, with prejudice, with respect to his claims and causes of action against the City of Fort COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 Worth in the above entitled and numbered cause. And, in this connection, Third Party 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. 7. It is understood and agreed that all taxable court costs will be paid by the party incurring same and that each party will pay its own attorney's fees and expenses. 8. By his signature hereto, the undersigned, Francisco Hernandez, attorney for Third Party Plaintiff, and his law firm, hereby release the City of Fort Worth, to the same extent Third Party Plaintiff has released the City of Fort Worth, from any cause or causes of action which said attorney or his law firm may have by virtue of assignment or otherwise arising out of the alleged incident made the basis of the above-entitled and numbered suit. 9. 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. 10. Third Party Plaintiff, Jose Manuel Gonzalez, 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 him by his attorney and that it is fully understood. Any difficulty Mr. Gonzalez has reading, writing or understanding English has been remedied by the assistance of his attorney. 11. By his signature hereto, Jose Manuel Gonzalez represents and declares that he 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 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 him as inducement to enter into this Compromise Settlement Agreement And Release Of All Claims. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 12. Whether specifically stated or not, any reference herein to "Third Party Plaintiff' or "Jose Manuel Gonzalez" refers to Third Party Plaintiff, Jose Manuel Gonzalez and any business entity with which he is associated or with which he was associated at the time of the alleged seizure of property described above. This agreement 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. Jose Manuel Gonzalez, Third Party Plaintiff Date: -- / STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jose Manuel Gonzalez, 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 day of ACY 2019. JANETT CHAVE.Z 0.Y PUN4i a Notary Public STATE OF TEXAS 'qT or ei ID#130590813 AM o o b is in and for the State of Texas APPROVED AND AGREED TO: Date: rancisco Hern dez -- OFN��AL RECORD r h. ETAR Y COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FT. 'W® TX r Offices of Francisco Hernandez 800 West Weatherford Fort Worth, Texas 76102 franciscoLckexasmexicolaw.com AAPPROVDate:M ager CITY OF FORT WORTH j4l`f c4 4 APPROVED AS TO FORM: , Date: / Harvey L. Frye, Jr. ` A Senior Assistant City Attorney F O ATTEST: OF,,......R T u �l 7 -Date: Mary J. Kays , ty S cre ary OFFICIAL RECORD Cl CRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FT WORIUgtk