HomeMy WebLinkAboutContract 53003 E�EI / n, CITY SECRETARY
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SF_CREfARY CAUSE NO. 2019 CF 000018
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STATE OF TEXAS § IN THE MUNICIPAL COURT
V. §
FOUR(4) GAMBLING DEVICES, § CITY OF FORT WORTH
ONE HUNDRED FOURTY EIGHT §
THOUSAND TWO HUNDRED FORTY §
FOUR DOLLARS (148,244.00) §
IN UNITED STATES §
CURRENCY AND OTHER §
GAMBLING PARAPHERNALIA § TARRANT COUNTY, TEXAS
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS
WHEREAS, the City of Fort Worth Police Department, under a valid search warrant,
seized four (4) alleged gambling devices, one hundred forty-eight thousand two- hundred forty-
four dollars($148,244.00) in United States Currency and other alleged gambling paraphernalia on
or about February 7,2019 at 3705 E. Ryan Ave., Fort Worth, Texas 76110; and
WHEREAS, Plaintiff, State of Texas (State),through a City of Fort Worth Assistant City
Attorney, filed a Motion for Forfeiture ("State's Motion") in the City of Fort Worth Municipal
Court, under the above cause number, pursuant to the Texas Code of Criminal Procedure Art.
18.18(b). Notice was sent in accordance with Art. 18.18 of the Texas Code of Criminal Procedure;
and,
WHEREAS, Anand Kumar, an interested party in the seized property described in the
State's Motion, answered the State's Motion and no other person has answered the State's Motion
with regard to the seized property as described in the State's Motion; and
WHEREAS, the City of Fort Worth ("City") has offered to Anand Kumar, through his
attorney, Robert McGrath, to compromise and settle all claims and causes of action of any kind
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS OFFICIAL gRECORD
Cause No.2019 CF 000018—State vs.4 Gambling Machines,etc. CITYSECIETARY
FT. WORTH,TX
which he may have against the City, its agents, employees, workers, representatives, and officers,
and all others connected with or in privity with the City, arising out of or connected in any way
with the above described seizure in consideration to the terms and findings in the attached
forfeiture order ("Forfeiture Order") in full and final settlement of all claims arising out of the
alleged seizure of the property as described in the State's Motion,and Anand Kumar 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 seizure
made the subject of this litigation, the City and Anand Kumar, through his attorney, Robert
McGrath, has agreed to the terms and findings described in the attached Forfeiture Order in
compromise and settlement of disputed claims and in order to avoid further time consuming and
costly litigation.
THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN AND
THE SETTLEMENT OF THE ABOVE NUMBERED AND ENTITLED LAWSUIT, THE
PARTIES AGREE AS FOLLOWS:
1. After the execution of the agreement, the City and Anand Kumar, through his attorney
Robert McGrath, agree to submit the attached Forfeiture Order in cause number 2019 CF 000018
to a City of Fort Worth Municipal Court Judge for signature, which shall dispose of all claims, is
final, and appealable.
2. Anand Kumar, releases the City, its agents, employees, workers, representatives, and
all of its officers, and all others connected with or in privity with the City from any claim relating
to the Fort Worth Police Department's seizure of the property under search warrant number
CFWMC2019SW000018,executed on February 7, 2019 at 3705 E. Ryan Ave.,Fort Worth,Texas
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Cause No.2019 CF 000018—State vs.4 Gambling Machines,etc. Page 2
76110, the State's Motion for forfeiture under article 18.18(b) of the Texas Code of Criminal
Procedure in the above cause number, any matter in the above cause number, and any other matter
related in this litigation, whether known or unknown.
3. This Compromise Settlement Agreement and Release of All Claims is entered into in
settlement of all doubtful and disputed claims.
4. That Anand Kumar 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/her by his/her attorney, Robert McGrath, and that it is fully
understood.
5.. By his signature hereto,the undersigned, Robert McGrath, attorney for Anand Kumar,
and his law firm, hereby release the City of Fort Worth to the same extent Anand Kumar has
released them, 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.
6 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.
7. By his signature hereto, Anand Kumar, 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 the representations,declarations and agreements herein
including matters in the recitals are accurate, binding, and are contractual in nature and that no
representation or agreement not herein expressed has been made to it as inducement to enter into
this Compromise Settlement Agreement and Release of All Claims.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Cause No.2019 CF 000018—State vs.4 Gambling Machines,etc. Page 3
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.
ANAND KUMAR, Interested Party
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared ANAND
KUMAR, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged he executed the Compromise Settlement Agreement and Release of All Claims
as his free act and deed for purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2019.
Notary Public in and for the State of Texas
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Cause No.2019 CF 000018—State vs.4 Gambling Machines,etc. Page 4
2. Anand Kumar, releases the City, its agents, employees, workers, representatives, and
all of its officers,and all others connected with or in privity with the City from any claim relating
to the Fort Worth Police Department's seizure of the property under search warrant number
CFWMC2019SW000018, executed on February 7, 2019 at 3705 E. Ryan Ave., Fort Worth,
Texas 76110. the State's Motion for forfeiture under article 18.40) of the Texas Code of
Criminal Procedure in the above cause number, any matter in the above cause number, and any
other matter related in this litigation,whether known or unknown.
3. This Compromise Settlement Agreement and Release of All Claims is entered into in
settlement of all doubtful and disputed claims.
4. That .Anand Kumar 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/her by his/her attorney,Robert McGrath,and that it is fully
understood.
5. By his signature hereto, the undersigned, Robert McGrath, attorney for Anand
Kumar,and his laws firm,hereby release the City of Fort Worth to theisame extent Anand Kumar
has released them, from any cause or causes of action which said atiorney or his law firm may
have by virtue of assignment or otherwise arising out of the alleged I incident made the basis of
the above-entitled and numbered suit.
6 This Compromise Settlement Agreement and Release of NIll Claims may be executed
in a number of identical counterparts,each of which shall be deemed an original for all purposes.
7. By his signature hereto, Anand Kumar, represents and declares that he is more than
eighteen (I8) years of age and is fully competent to enter into th;s Compromise Settlement
.Agreement and Release of All Claims, that the representations. delclarations and agreements
herein including matters in the recitals are accurate, binding, and arf contractual in nature and
that no representation or agreement not herein expressed has been made to it as inducement to
enter into this Compromise Settlement Agreement and Release of All(aaims.
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.
i
.AA'�Dt R,Unterested Party
Date: i
STATE OF TEXAS §
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day persgnally appeared ANAND
KUMAR, known to me to be the person whose name is subscribed to;the foregoing instrument,
and acknowledged he executed the Compromise Settlement Agreerent and Release of All
Claims as his free act and deed for purposes and consideration therein expressed.
GIVEN UNDER MY HAND{AND SEAL OF OFFIFE: this day of
rotary iblic in and for the State of Texas
r FMCPAL RECORD
APPROVED AS TO SUBSTANCE AND FORM: _° ItI,rr12os1osa. 4 � �} �'' `�.
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APPROVED AS TO SUBSTANCE AND FORM:
Date: ` 1
Robert S. McGrath
Attorney for Anand Kumar
Texas Bar No. 13652500
iudzemcgrath ab,ymail.com
524 East Lamar Blvd. Suite 280
Arlington, Texas 76011
APPROVED:
Date:2
/
;ssistant�Ci�tyManager �
Jay Chapa
CITY OF FORT WORTH
APPROVED AS TO FORM:
w
Date:
Christopher Ptustria
Assistant City Attorney
ATTEST:
#, f Date: Ldl
May J. Kay ty cretary `
®FFICIAL RECORD,
CITY SECRI~` 4AV
TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Cause No.2019 CF 000018—State vs.4 Gambling Machines,etc. Page 5
CAUSE NO. 2019 CF 000018
STATE OF TEXAS § IN THE MUNICIPAL COURT
V. §
FOUR(4) GAMBLING DEVICES, § CITY OF FORT WORTH
ONE-HUNDRED FOURTY-EIGHT §
THOUSAND TWO-HUNDRED §
FORTY-FOUR DOLLARS (148,244.00) §
IN UNITED STATES §
CURRENCY AND OTHER §
GAMBLING PARAPHERNALIA § TARRANT COUNTY,TEXAS
FORFEITURE ORDER
On 2019 came to be heard the State's Motion for Forfeiture ("State's
Motion")before the Fort Worth Municipal Court of the City of Fort Worth, Texas,pursuant to the Texas
Code of Criminal Procedure Art. 18.18, and other relevant law. The State's attorney and the attorney
representing Anand Kumar, Robert McGrath, appeared and submitted the proposed order and no
objections were raised. Anand Kumar answered and is only interested in the return of certain Property,
to wit: U. S. Currency. No person answered with regard to the coin operated amusement machines and
the rights to that property is declared to be in default. Therefore, the Court makes the following findings
with respect to the State's Motion and property seized from 3705 E. Ryan Ave., Fort Worth, Texas
76110,Fort Worth, Tarrant County, Texas ("Seizure Location")on February 7, 2019:
I.
The Court specifically FINDS that the Seizure Location is located entirely within the
incorporated limits of the City of Fort Worth; that the State's Motion was timely filed; that the
magistrate to whom the search warrant return was made did notify in writing the person found in
possession of the alleged gambling devices, proceeds and paraphernalia to show cause why the property
seized should not be destroyed or the proceeds forfeited as required by Texas Code of Criminal
Procedure Art. 18.18; written notice of the State's Motion was sent by certified mail to the person found
in possession of the property at the address where the seizure occurred; that the State's attorney and the
attorney representing Anand Kumar, Robert McGrath, appeared and submitted the proposed order and
no objections or arguments were raised; that no other parties appeared or filed a response with the
Forfeiture Order Page 1 of 2
Re: Cause#2019CF000018
court; that the State had probable cause to seize the items from the Seizure Location as determined by
the Search Warrant and Search Warrant Affidavit, (entered into evidence and made a part of the record
for all purposes herein); and that all allegations contained in State's Motion are true.
II.
IT IS THEREFORE ORDERED that the property described in the State's Motion is found by
this Court to be gambling devices,proceeds and paraphernalia, and shall be forfeited as follows:
1) The four (4) gambling devices as listed in Section I of the State's Motion and as listed in
Exhibit Number One attached to the State's Motion shall be forfeited to the Fort Worth
Police Department to be destroyed or used for training purposes or otherwise disposed of as
allowed by law;
2) Forty-Eight Thousand Two-Hundred and Forty-Four Dollars ($48,244) in United States
currency shall be forfeited to the Fort Worth Police Department to be destroyed or used for
training purposes or otherwise used or disposed of as allowed by law; and
3) The one (1) DVR S/N: WTTRA4ME058W00101; Ticket Printer S/N 1783396; the
Mother Goose and Gaggle; and Miscellaneous paperwork listed in Section I of the
State's Motion and as listed in Exhibit Number One attached to the State's Motion shall be
forfeited to the Fort Worth Police Department to be destroyed or used for training purposes
or otherwise used or disposed of as allowed by law.
4) One-Hundred Thousand Dollars($100,000)in United States Currency, shall be returned
to Anand Kumar, or his attorney Robert S. McGrath, or a duly authorized representative of
either person. Payment process may take up to 10 days from the date of the judgement
being presented to the proper City department.
5) This judgment is final and disposes of all parties and claims and is appealable.
SIGNED ON THIS THE—day of ,2019.
JUDGE PRESIDING
Forfeiture Order Page 2 of 2
Re: Cause 4 2019CF000018