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HomeMy WebLinkAboutContract 45733 (2)• • CAUSE NO. 10-84449-1 ANTONIA MENDOZA § Plaintiff, § CITY OF FORT WORTH, § Defendant. § CITY SECRETARY CONTRACT NO. ?N15�'33 • • • • • • 1N THE COUNTY COURT • • • • • AT LAW. Na::1 • • • • • • • • TARRANT COUNTY, TEXAS : ▪ -:.- COMPROMISE SETTLEMENT ANDRELEASE AGREEMENT • 1. Parties The parties to this Compromise Settlement and Release Agreement are: 1.01 Antonia Mendoza • 1.02 City of Fort. Worth • • 2. Definitions 2.01 "Plaintiff' means Antonia Mendoza. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 2.02 "City" .means Defendant City of Fort Worth, its principals, directors, officers, • • employees, partners, subsidiaries, divisions, attorneys, . agents, representatives, successors, and assigns. 2.03 "Defendant" is the City. • • • • • • • • • • • • 2.04 "Litigation means Cause Number 10-844491, styled Antonia Mendoza v, City.._ of Fort. Worth. • 2.05 "Settlement Agreement" means this Compromise Settlement • Agreement, including all attached exhibits, if any. • • • COMPROMISE SETTLEMENT AND RELEASE AGREEMENT • • .•..• •. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • .. • nd Rel ease . . . . • • • • • • • . i▪ :.;• '.: • :: .. :4. . Page 1'. ©r SECRETA J7 ;' • • • . • • • • • • • • 2.06 "Judgment" means the Final Judgment dismissing all claims with prejudice to, refiling as to the Defendant. 3: Statement of Facts The parties stipulate and agree to the following facts: 3.01 Plaintiff and Defendant are parties to this Litigation. 3.02 Plaintiff and Defendant desire to settle this Litigation. 3.03 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 extent 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 ofany kind whatsoever which the parties have or may have against each other. • 3.04 The parties intend that the full terms and conditions of the Compromise and • Settlement offer be set forth in this Settlement Agreement. • 3.05 In consideration of the agreements contained in this Settlement Agreement, •arid • other good and valuable consideration, the receipt and sufficiency of which is: hereby acknowledged, the parties agree as follows: 4. Representations and Warranties 4.01 Each party to this Settlement Agreement warrants and represents that he orshe or it 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 COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 2 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, orfiling with any court, governmental authority, person or entity; is required for, the executio delivery and performance of this Settlement Agreement. 4.03 Plaintiff warrants and represents thatshe 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 Defendant and/or released in. this Settlement Agreement have been assigned_ or transferred to any other person or entity. . 5. 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. paxties have settled and compromised theirclaims 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 Tor negligence, gross negligence, wrongful death and/or survival claims arising from the facts and circumstances leading up to and including the Litigation and arising out of, or m any way connected with the injuries and/or damages, if any, sustained by Plaintiff. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT • 5.02. Defendant City shall pay to Plaintiff EIGHT THOUSAND. AND NO/100 DOLLARS($8,000.00) in settlement of all claims against the City of Fort Worth. 5.03. PlaintiffAntonia Mendozareleases and. forever discharges DefendantCity from any, and all claims, demands and causes of action of whatever kind or character which the Plaintiffhas, 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 allegedin the Litigation. 5.04. This release includes, but is not limited to: (a) any claim against the City .of Fort Worthgrowmg out: of or connected in .any way with: the matters set` forth :and alleged in the Petition filed in the 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 laws of the United States or :any d 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 orin apart on the activities of Defendant that may have been alleged. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 4 to create .or contribute to any other right, claim or cause of actions 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 Plaintiffof 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, Plaintiffhereby assigns those claims or causes of action to Defendant City. Indemnity 5.06. Plaintiffagrees 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 September 1, 2008, that is the basis of this lawsuit, 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 a 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 remainingprovisions shall nevertheless survive and continue in full force • and effect without being impaired or invalidated in any way.i. 5.1.1. None of the parties to this Settlement Agreement have expressed any facts, • representations, expressed or implied 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, • • supersedes all prior written or oral agreements, and the terms . are contractual and not mere recitals. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT Page 6 By: • 5.14. THE . PARTIES . EXPRESSLY WARRANT THAT THEY . HA1 • • • i CAREFULLY READ THIS SETTLEMENT AGREEMENT AND ALL : EXHIBITS ATTACHED TO THE SETTLEMENT = AGREEMENT • • • • ▪ • • • • UNDERSTAND ITS CONTENTS, AND . • SIGN THIS SETTLEMENT AGREEMENT AS THEIR OWN FREE ACT. Antonia M • 142S) itV Dat APPROVE G AS TO FORM £ 1 D ' ONTENT: • KavitaBha: la State Bar 1 o, 119(J6D32,1. Attorney fi P . intiff Antonia Mendoza • By: Fernando Costa Assistant City Manager, City of Fort Worth APPROVED AS TO FORM AND CONTENT: • L etitia Col an Brown Texas State Bar No. 00792417 Attorney for Defendant City of Port Worth • • COMPROMISE SETTLEMENT AND RELEASE AGREEMENT , o0 0 0 d a 0 ecretary • • • • • • • • • • • • • • • • • • • • • • • • • • • • t • • • • • • .• r rma M1 1 'moth • • • Y • • • • • • • • s.- • • • • • • • • • • • • • .•:., • • . ;. • .. _ ▪ f ▪ :. • J•• . • • • • • • • • FF.11© L4-7(re,( 57J / to "-7 t f (1 [1 t5 �-tN Jt- J ��_.� 7d ;_ C I G • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 Antonia Mendoza, known to me to be the person who executed the foregoing instrument, who acknowledged to me that she executed the same for the purposes and consideration therein expressed; that she executed the same as: her free and voluntary act and deed after having fully read it; and after realizing the effect thereof tobe a full and final release of Defendant City of Fort -Worth, for any matter or thing dealt with in the - foregoing instrument; that the same was executed by her without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that the said Antonia Mendoza, at the time of execution of the release, was completely sober, sane and capable of understanding the character of heracts and deeds, and was in complete charge of all oilier faculties and capable of executing this instrument and of understanding the, significance of her acts. GIVEN UNDER MY HAND AND SEAL OF OFFIC H, this day of ,�. , 2014.. otary Publ' m and for The State otTexas COMPROMISE SETTLEMENT AND RELEASE AGREEMENT • • Page:8 •