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HomeMy WebLinkAboutContract 56507 G TY SECRETARY TO �rT CT NO. �tp JG� SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release("Agreement")is made and delivered by and among SAGAR THAPA and the CITY OF FORT WORTH, TEXAS, including its employees and agents, all of whom are sometimes collectively referred to herein as the "Parties." WHEREAS, on or about July 26, 2021, Thapa was misidentified and arrested and detained for the offense of Keeping a Gambling Place("Arrest"); and WHEREAS, Thapa has filed a claim with the City of Fort Worth,claiming damages arising from or related to the Arrest; and WHEREAS,the Parties desire to settle all matters in controversy, NOW, THEREFORE, for and in consideration of the promises, representations, releases, warranties,and covenants contained in this Agreement,the Parties hereby agree as follows: ARTICLE 1 Consideration 1.1 An employee of the Fort Worth Police Department shall deliver to the Tarrant County District Clerk a petition for expunction wherein Thapa is the petitioner. 1.2 The City of Fort Worth on behalf of itself, its agents and employees, shall pay the filing fee associated with the petition for expunction on Thapa's behalf and shall further pay Thapa$340 for losses incurred as a result of the Arrest within 30 days, or as soon as practical, of. receipt of a fully-executed copy of this Agreement.Thapa shall withdraw his claim against the City immediately and expressly waives any right to suit against the City related to the arrest. 1.3 No party shall pay costs or attorney's fees to any other party. 1.4 The consideration for this Agreement includes (a)the consideration recited in Article 1 of this Agreement;(b)the releases granted in Article 2 of this Agreement;(c)withdraw of the claim; and (d) the other representations, warranties, promises, and agreements set forth in this Agreement. The Parties acknowledge the receipt and sufficiency of the consideration for this Agreement. ARTICLE 2 Releases 2. Except forthe obligations imposed on the Parties by this Agreement,Thapa,on his own behalf and on behalf of his agents,attorneys, successors, and assigns,and any person or entity claiming by,through orunder him,does hereby release,acquit and forever discharge the City and each of its current or previous agents, employees, servants, representatives, attorneys, insurers,reinsurers,subsidiaries,successors and assigns(col lectively,the"Released Party"),from and against any and all claims,demands,causes ofaction,liabilities and damages(including but not limited to actual'damages, exemplary and punitive damages, statutory damages, penalties, THAPA-SETTLEMENT AGREEMENT AND RELEASE 1 OFFICIAL RECORD MY SECRETARY FT. WORTH,TX attorney's fees, prejudgment and post judgment interest and expenses), of any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued or unaccrued,contingent or fixed,whether based on the law of contract, tort,orotherwise, whether underconstitutional law,statutory law,orcommon law,whetherstateor federal, including, but not limited to, claims for false or unlawful arrest, detention, or imprisonment, excessive force, assault, battery, negligence, or wrongful or malicious prosecution, arising out of, resulting from, based upon, or related in any way to any transaction or interaction between the Parties prior to the execution of this Agreement. ARTICLE 3 Express Understandings and Acknowledgments 3.1 The Parties understand and acknowledge that this Agreement constitutes a FULL, UNCONDITIONAL AND COMPLETE RELEASE and includes all claims against the Released Party, including, but not limited to claims for actual damages, compensatory damages, exemplary damages, punitive damages, violations of any federal or state common law duty, statute, or regulation,attorney's fees,interest,or any other cause of action relating to or arising from the Arrest. 3.2 The Parties understand and acknowledge that upon execution of this Agreement there are no further obligations or duties of any kind, express or implied, legal or equitable, owed by any of the Parties to one another with regard to the subject matter of the claim,except as may be expressly provided in this Agreement. 3.3 The Parties understand and acknowledge that by executing this Agreement, no party admits any liability, such liability being specifically denied. The Parties understand and acknowledge that this Agreement is made as a compromise and shall never be used as evidence of liability or wrongdoing of any of the Parties in any claim, cause of action or suit, except in a suit wherein a breach of this Agreement is alleged. ARTICLE 4 Express Representations and Warranties Thapa represents and warrants as follows: 4.1 Thapa is legally competent and has the right and capacity to execute this Agreement. 4.2 All expenses of any and every nature and character whatsoever incurred by Thapa arising from the Arrest or in connection with the Claim have been or will hereafter be paid in full by Thapa, including, but not limited to,any and all claims of providers of medical and related services, Medicare and/or Medicaid, insurers,attorneys, governmental agencies or others who may claim a lien, subrogation, or other rights with respect to or related to the arrest described above and any injuries or damages incurred or sustained as a result of it. 4.3 To Thapa's knowledge, no insurance, hospital, Social Security, Medicare, Medicaid, child support, FELA,or Veterans' Administration liens exist or will give THAPA-SETTLEMENT AGREEMENT AND RELEASE 2 rise to any claim against the Released Party. 4.4 Thapa has not assigned,pledged or otherwise in any manner whatsoever sold or transferred,either by instrument in writing or otherwise,any right,title, interest or claim that he has or may have by reason of the Occurrence or any matters arising out of or related thereto. 4.5 Before executing this Agreement, Thapa has fully informed himself of its terms,contents,conditions and effect,and no promise or representation of any kind has been made to him by the Released Party or by anyone acting for it, except as is expressly stated in this Agreement. 4.6 Thapa has relied solely and completely upon his own judgment and the advice of his counsel in making this settlement, and Malone fully understand that this is a full, complete and final release, and that the aforementioned $340 plus court filing fees for the petition is all the money that is to be paid by the Released Parties to him as a result of the Arrest which underlies the released claims, and that Thapa will have no further rights to appeal. 4.7 Thapa acknowledges that he is not relying upon the advice of the Released Party or the Released Party's counsel or representatives as to the legal and tax consequences of this Agreement. 4.8 Thapa acknowledges that each of the above warranties and representations is a material and inducing condition precedent to the funding of the consideration for this Agreement. ARTICLE 5 Withdraw of Claim 5. Upon the execution of this Agreement, Thapa shall notify the Released Party's Risk Management Department that his claim is voluntarily withdrawn. ARTICLE 6 Miscellaneous 6.1 This Agreement shall be governed and interpreted in accordance with the laws of the State of Texas. 6.2 This Agreement and the rights and obligations included in this Agreement shall inure to the benefit of and be binding upon each party to this Agreement and their respective successors and assigns. 6.3 If any provision or tern of this Agreement shall for any reason be held to be unenforceable or invalid, the remainder of the Agreement shall riot be affected. 6.4 This Agreement constitutes the entire. t etvuee, the Parties THAPA-SETTLEMENT AGREEMENT AND RELEASE and supersedes all prior oral and written understandings and agreements between the Parties or any of them with respect to the subject matter of this Agreement. The provisions of this Agreement shall not be waived,modified or amended except by subsequent writing signed by all Parties. EXECUTED in multiple counterparts on the dates attested by the signatories below. ,,Sag Thap Witness alr[G{Gc �GI — u( ecl—�'� By. Jesus Chapa Deputy City Manager City of Fort Worth EXECUTED this a3 day of 5('P�2M bC'r ,2021. THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned Notary Public, personally appeared Jesus Chapa, a person whose identity is known to me, and acknowledged to me that he is the Deputy City Manager for the City of Fort Worth; that he is duly authorized to execute this Agreement; and that he executed the Agreement in the name of and on behalf of the City of Fort Worth in said capacity, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on the a3 day of Se Pimber , 2021. 4°aEl`5 p Stall, USC �oa�s Notary Public, Who to ed THAPA-SETT€ EN NTJ RELEASE 4 . +ny =04 r�a SERVING WITH THE ARMED {'a"'•: FORCES OVERSEAS IN• ` � 1a�3' Nota .• VICENZA,ITAL-Y APPROVED AS TO FORM: lslKelly Albin Kelly Albin Attorney for City of Fort Worth Ronald P. Gonzales,Amt. City Smt* OFFICIAL RECORD THAPA-SETTLEMENT AGREEMENT AND RELEASE CITY SECRETARY 5 FT WORTH,TX