HomeMy WebLinkAboutContract 44557 V CITY
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CONTRACTNO.1
CAUSE NO. 342-244917-10
LINDA LARKED § IN THE DISTRICT COURT
V 342ND JUDICIAL D11STRICT
1§
CITY OF FORT WORTH § TAR NT COUNTY, TEXAS
COMPROMISE SIETT N AGRE EMENT AND
COMPLETE AND FINAL RELEASE
This Compromise Settlement Agreement and Complete and Final Release
("Agreement"') is entered into by and between Linda Limed ("Lamed") and the City of
Fort Worth, Texas ("'City"). .. arned and the City may be referred to collectively as the
"Parties." The Parties, made and enter the Agreement to settle claims, controversies, and
disputes, among the Parties arising out of an n l ent that occurred on April 171, 2008.
RECITALS
A. Lamed has presented an inverse-condemnation claim against the City in the
342 Judicial District Court of Tarrant County, Texas, Cause No. 342-
244917-10, arising out of an incident that occurred "on or about April 17,
2008"' ("Lamed's lawsuit.").
B. I: order t .void the inconven e ce costs, � tn� rt lnt� of on
� tin d
litigation', and without any dm ss � f wrongdoing or l l .b l t �� th e �lt�,
a settlement has 'been agreed 'upon by the Parties on the term s and
conditions are set forth here I
C,ITY'SECRETARY Rt C�IVED JUN 2 0 2013
FT.WORTH,TX
AGREEMENT
THEREFORE in exchange for the promises, releases, and payments set forth
below, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows.-
1. Payment,
In consideration of the release set forth above, the City agrees to pay to Lamed
Fourteen Thousand, Nine-Hundred Thirty-Two and No/100 Do�llars ($,i 4,932.0 �) and to
the Law Firm of Smith & Smith Teti Thousand, Sixty-Eight and N 00 Dollars
($10,068,.00) within three weeks of the execution of this Agreement in compromise of all
claims including all attorneys fees, as set forth below.
2. Release and Dischar ge,
In consideration for the payments and release set out herein, Lamed agrees to
forever release and discharge the City, its elected officials, employees, assigns,
representatives, and attorneys firom, any and all past, present, or future claims, demands,
obligations, actions, causes of action,, rights, damages., costs, expenses and compensation
of any nature whatsoever, whether based on an inverse-condemnation claim,, tort, or other
theory of recovery, that Lamed now has, or which may hereafter accrue or otherwise be
acquired, on account of, or in any way growing out of, or which is the subject of Larned's
petition, including, without limitation, any and all known or un,known claims for property
damages, bodily and personal iqJuries to the Lamed, and the consequences thereof, which
have resulted or may result from the alleged inverse condemnation clal*m,,, tort, or other
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aN
theory of recovery against the City. This release shall be a fully binding and complete
settlement between the Lamed and the City.
3 Dismissal of Lamed"s Lawsuit.
Upon the satisfaction and compliance with the Recital B, Lamed's counsel will
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deliver to the City's counsel an order of dismissal with prejudice of Larned's lawsuit
Y-%
described in ikecital, A above.
.1 nd
The Parties agree that ajudgment shall be entered by the 342 District Court that
Lamed take nothing by way of Lamed's lawsuit., The parties shall Jointly move for such
relief within one week of the payment of the amounts described in Paragraph I
4. Warranty of CUac,jjy to Execute thl,s,,A,greement
Lamed represents, and warrants that no other person or entity has or has had any
interest in the claims, demands,, obligations, or causes of action referred, to 'in this
Agreement, that Larned has the sole and exclusive right to receive sums specified in this
Agreement, and that Lamed has not sold, assigned, transferred, conveyed or otherwise
disposed of any of the claims, demands, obligati,ons', or causes ol N action referred to in 'this
Agreement.
,5. Construction,by State Law
This Agreement shall be governed by, construed, enforced -in accordance with, and
subject to the laws of the State of Texas, and venue, for any suit regarding, this Agreement
or the underlying claims shall lie in Tarrant County, Texas.
......................................... .................
6. Entire Agreement and'Successors. in Interest
The Parties expressly acknowledge and agree that this Agreement embodies the
entire agreement between tie Parties, and supersedes any and all prior agreements,,
arrangements, or understandings between the Parties. No oral understandings,
statements,, promises, terms, co roc itions, obligations, or agreements contrary or in
addition to the terms of the Agreement exist. The Agreement cannot be modified,
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changed, or amended except by a writing signed by each of the Parties or tneir duly
authorized representatives, successors, or assigns.
7. Repres,entati",ons of Commehension of Document
Lamed represents and warrants that-, (1) she is of legal age and i's legally
competent to execute the Agreement, (21) she is authorized to, do so, (3) she is freely and
voluntarily entering into this Agreement based upon his or her own evaluation of the risks
and benefits of entering into this Agreement as compared with going forward with the
litigation, (4) she has conferred with his or her counsel of choice and has had the legal
consequences and effects of entering, into this Agreement explained to, him or her; and (5)
no promises, inducements, representations, or conduct by any other party, its agents, or
its ts attorneys have 'Induced her to execute th is Agreement.
8. Additional Documents,
The Parties agree, to cooperate fully and execute all documents and totake all
additional actions, that may be necessary or appropriate to give full force and effect to the
basic terms and intent of this Agreement.
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9. Nora As ).rumen or Transfer of Interest By Lartled
Lamed warrants and represents that she has not in any way transferred, conveyed,
or in any other way assigned the claims and causes of action that are raked in this
Agreement.
10. SeverabLlity Clause
us
The Parties agree t,�h t should any provision ofthis, Agreeme nt be held invalid or
�illegal, such invalidity or illegality shall not 'Invalidate the whole of the Agreement,.
rather, the Agreement shall be construed as if It did not contain the invalid or illegal part,
and the rights and bligat ns of the "; rt s shall be construed a�nd enforced accordingly.
l l. E t"
Lr .,A p,
rase r t,
This, Agreement contains the entire greeme t b�etwe n, Larn d and the City
regarding the matters set forth herein. There are other understandings, or agreements,
in settlement of L amed,'s lawsuit, verbal or otherwise, between the Parties except as
expressly set forth herein..
12. Co rte ar ��xecut n of the Agre,ement
This Agreement may be executed in a number of counterparts, each of which shall
be deemed an r ginal for all purposes.
13, Effectiveness
This Agreeme nt shall beCOMe effective Immediately following execution on the
latest date �t s executed by either party.
Signatures appear on following age.
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LINDA ARNE Executed on
R
��Gry
CITY OF FORT O H . EXAS Executed on 2013
By � A'by*
Its SeD.ior Rlsk Manager Maxy Jo K� s O)City Secretary
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A:r
Low
APPROVED F OR F RM AND LEGALITY
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sere P., Gorski, Jr.
0 "
Assistant City Attorney
OFFICIAL,RECORD
SECRETARY
FTv WORTH,TX
STATE OF TEXAS §
COU`NTY OF TARRANT §
BEFORE ME,, the undersigned authority, on t,nis day personally appeared Linda
Lamed,
known to me to be the person, whose name is subscribed to 'the foregoing
instrument and acknowledged to me that, she executed it as the act and deed of Linda
Lamed and for the purposes and consideration therein expressed and in the capacity
I �
therein stated, and that he was I t to do so.
G N UNDER MY HAND AND SEAI.., OF OFFICE this
11s,
LYE I day
of 2013.
igl 000
S S. E.JANUSZ
E ANOZ
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state Of Tex,3115
N,otary Pubict
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omm 0 Mi "Sion Expires
My c 's"s 014 00f
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octobet 27,20114 11 Notary K&iy�A and for the Sil T
STATE OF TEXAS §
COUNTY OF TAR-RANT §
,BEFORE 1E. the undersigned authority, on this day personally appeared
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of the C ity of Fort Worth,
known to me to be 'the perrson and oifficer whose name is subscribed to the foregoing
instrument, and acknowledged to me that she executed the same as the act and deed of
the City of Fort Worth, a municipal clorporation of Tarrant County, Texas, for the purpose
and consideration therein expressed and In the capacity therein stated.
GIVEN t.JNDER MY HAND AND SEAL OF OFFICE th*s,
o ...
A, A AL AL I&
TRACEY K 1*VAY`
NoWry PuNk,State of Texas
my Cwv*s&Expr"
es
ary n and for thj�<tate of Texas
bw 11 1,2015 Not Publi i
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