Loading...
HomeMy WebLinkAboutContract 45650 (2)CITY SECRETARY CONTRACT NO.JL147CO3___ IN THE UNITED STATES .DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION IIARMIT CHATTHA vs. CITY OF FORT WORTH § CIVIL ACTION NO, 4:13-CV-055-Y COMPROMISE SETTLEMENT AND RELEASE AGREEMENT f Y I. Parties The Parties to this Compromise Settlement Agreement are: 1.01 Harmit Chattha 1.02 City of Fort Worth J IL Definitions E 2.01 "Plaintiffs" means Harmit Chattha 1 tt 2.02 "City" means Defendant City of Fort Worth, its principals, directors, officers, 1 employees, partners, subsidiaries, divisions, attorneys, agents, representatives, successors, and assign cc 2.03 "Defendants" are the City z r. 2.04 "Litigation" means Cause Number 4:13 -CV-05 5-Y, styled FIarrnit Chattha v. City of Fort Worth n i 2.05 "Settlement Agreement" mans this Compromise Settlement Agreement d I i g :5 1 COMPROMISE SETTLEMENT 4 AND RELEASE AGREEMENT Page 1if FF8 U [RECORD i T ©Q �i YSECRETARY p[mow 1 4 % r �I, ii it x z including all attached exhibits, if any. 2.06 "Judgment" means the Final Judgment dismissing all claims with prejudice to refilling as to the Defendant. III. Statement of Facts The parties stipulate and agree to the following facts: 3.01 3.02 3.03 3.04 3.05 Plaintiff and Defendant are parties to this Litigation. Plaintiff and Defendant desire to settle this Litigation. Bona fide disputes and controversies exist between the Plaintiff and Defendant, both as to the fact and extent of liability, if any, and as to the fact and extend of damages, if any, and by reason of such disputes and controversies, the parties to this Settlement Agreement desire to settle all claims and causes of action of any kind whatsoever which the parties have or may have against each other. The parties intend that the full terms and conditions of the Compromise and Settlement offer be set forth in this Settlement Agreement. In consideration of the agreements contained in this Settlement Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the parties agree as follows: IV. Representations and Warranties 4.01 Each party to this Settlement Agreement warrants and represents he or she or it COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 2 has the power and authority to enter into this Settlement Agreement and that this Settlement Agreement and all documents delivered pursuant to this Settlement Agreement, to which he or she or it is a party, are valid, binding and enforceable upon him or her or it, 4.02 Each party to this Settlement Agreement warrants and represents that no consent, approval, authorization or order of, and no notice to, or filing with any court, governmental authority, person or entity, is required for the execution, delivery and performance of this Settlement Agreement. 4.03 Plaintiff warrant and represents that he owns the claim or claims asserted and/or released in this Settlement Agreement and that no part of this claim or claims asserted against the Defendants and/or released in this Settlement Agreement have been assigned or transferred to any other person or entity, V. Settlement of Terms In reliance upon the representation, warranties and covenants in this Settlement Agreement, and concurrently with the execution and delivery of this Settlement Agreement, the parties have settled and compromised their claims and causes of action against each other as follows: 5.01. Plaintiff releases the City of Fort Worth from any and all claims raised, whether in contract or in tort, including intentional torts, claims for negligence, gross negligence, wrongful death and/or survival claims arising from the facts and circumstance leading up to and including the Litigation COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 3 and arising out of or in any way connected with the injuries and/or damages, if any sustained by Plaintiff. 5.02. Defendant City shall pay to Plaintiff $8,000.00, in settlement of all claims against the City of Fort Worth. 5.03. Plaintiff Harmit Chattha releases and forever discharges Defendant City from any and all claims, demands and causes of action of whatever kind or character which the Plaintiff have, or may have in the future, whether known or unknown, based on any events that have occurred prior to the date this Settlement Agreement is signed by all settling parties, whether or not growing out of or connected in any way with, the matters alleged in the Litigation. 5.04. This release includes, but is not limited to: (a) any claim against the City of Fort Worth growing out of or connected in any way with the matters set forth and alleged in the Petition filed in Litigation or which could be alleged in the Litigation by amendment or supplement; (b) any claims against the City based in whole or in part on the activities of Defendant that may have been alleged to create any right or action for recovery of damages or injunction, under any federal or state statutes or administrative rule or other judicial decisions or the common law of the Untied States or any state or subdivision of the United States or any foreign country or subdivision of any foreign country; (c) any claims against the City based in whole or in COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 4 apart on the activities of defendant that may have been alleged to create or contribute to any other right, claim or cause of action of any Plaintiff against any Defendant; and (d) claims against the City for punitive or exemplary damages, attorney's fees or penalties. 5.05. This release is intended to constitute a release by Plaintiff of Defendant City of Fort Worth for all claims of any kind, known or unknown, in this Litigation. To the extent any claims or causes of action against Defendant City of Fort Worth have not been released by this Settlement Agreement, Plaintiff hereby assign those claims or causes of action to Defendant City. Indemnity 5.06. Plaintiff agrees to defend, indemnify and hold harmless the Defendant City from and against any claims, demands, hospital hens as a result of, arising out of, or in anyway growing out of the incident of February 10, 2010, regardless of whether they result from the actual or alleged negligence or other misconduct of the Defendant, or its principals, directors, officers, employees, partners, subsidiaries, divisions, attorneys, agents, representatives, successors, and assigns. Choice of Law 5.07. This Settlement Agreement shall be governed and construed in accordance with laws of the State of Texas. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 5 Miscellaneous 5.08. The parties agree that this Settlement Agreement is entered into for settlement purposes only in order to avoid further litigation and expense, and it is further agreed that the parties do not admit liability or damages to each other or anyone else, as the result of the events that form the basis of the litigation but expressly deny any and all such liability. 5,09. This Settlement Agreement has been prepared by the joint efforts of the respective attorneys for each of the parties. 5.10. If any provision of the Settlement Agreement is or may be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 5.11. None of the parties to this Settlement Agreement have expressed any facts, representations, expressed or iluphed warranties, except as expressly contained in this Settlement Agreement. 5.12. This Settlement Agreement shall continue perpetually and shall be binding upon the parties and their heirs, successors and assigns and shall inure to the benefit of the parties and their heirs, successors and assigns. 5.13. This Settlement Agreement represents the entire agreement of the parties and supersedes all prior written or oral agreements, and the terms are contractual and not mere recitals. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 6 Apr 23 14 09,54a FIVE STAR AUTOPLEX 817451034E p.2 By: 5,1.4. T'I-TT PA R TIES EXPRESSLY WARRANT rI`U E T THEY HAVE CAREFULLY READ THIS SETTLEMENT AGREEMENT AND ALL EXH[I3JTS AT'ACITED TO THE SETTLEMENT AGREEMENT, UNDERSTAND ITS CONTENTS, AND SIGN THIS SETTLEMENT AGREEMENT AS THEM OWN FREE ACT. Hama Chattha . //44 Date APPROV rK A . TO FORM: CONTENT: �_._._._... S ufliet r _ut .hi ison Texas State Bar No. 103 54100 Attorney for Plaintiff f B •. • C /ries Daniels Assistant City Manager, City of Fort Worth z, APPROVED AS TO FORM AND CONTENT: L tia Coleman down Texas State Bar No. 00792417 Attorney for Defendant City of Fort Worth. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX Attested by: • Apr 28 14 09:54a FIVESTARAUTOPLEX 8174510346 p,1 STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared Harmit Chaitha, known to me to be the person who executed the foregoing instrument, who acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntarily act and deed alter having !idly read it; and alter realizing the effect thereof to be a full and final release of Defendant City of Fort Worth, for any matter or thing dealt with in the foregoing instrument; that the salve was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that the said Harnait Chattha, at the time of execution of the release, was completely sober, sane and capable of understanding the character of his acts and deeds, and was in complete charge of all of his faculties and capably: of executing this instrument and of understanding the significance of his acts, G:NEN UNDER MY HAND AND SEAL OF OFFICE, this ( S day of 111 . 2014. SAO FLATOYA to GREEN My Commission ExpEres December 17, 2014 YW' VI al .:' ' 4 WY LP �W W COMPROMISE SETTLEtvIENT AND RELEASE AGREEMENT otafy Public in The State of Texas Page 8