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Home My WebLink AboutContract 59136CITY SECRETARY CONTRACT NO. 59 l 3( O CAUSE NO. 2018 CF 000056 STATE OF TEXAS § § v. § § FOUR (4) GAMBLING DEVICES, § TWENTY NINE THOUSAND EIGHT § HUNDRED FIFTY SEVEN DOLLARS § ($29,857.00) IN UNITED STATES § CURRENCY AND OTHER GAMBLING § PARAPHERNALIA § IN THE MUNICIPAL COURT CITY OF FORT WORTH TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS I.RECITALS WHEREAS , the City of Fort Worth Police Department, under a valid search warrant, seized four (4) eight-liner gambling device s, twenty-nine thousand eight hundred and fifty-seven dollars ($29,857.00) in United States currency and other alleged gambling paraphernalia on or about March 31 , 2018 at 3704 Decatur Avenue, Fort Worth , Texas 76106 ; and WHEREAS, Petition e r, State ofTexas (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 numb e r, pursuant to the Texas Code of Criminal Procedure Art. 18.18(6). Notice was sent in accordance with Art. 18.18 of the Texas Code of Criminal Procedure; and, WHEREAS, Three Amigos and Mahendra Kunwar (as an authorized representative of Three Amigos and Pacchim, Inc.), interested parties in the seized property described in the State's Mot ion, answered the State 's Motion; and no other perso ns have answered the State's Motion with regard to the seized property as described in the State 's Motion ; and t'>Jc ~~Ci Al RECORD I -dTY SE CR ETARY 1 FT. WORTH, TX WHEREAS, Three Amigos and Mahendra Kunwar (''Respondents"), through their attorney, Terrence L. Ridgely , have offered to compromise and settle all claims and causes of action of any kind which they may have against the City of Fort Worth ("City"), its agents, employees, workers, representatives, 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 of the terms and fmdings in the attached forfeiture order (''Forfeiture Order"), Three Amigos and Mahendra Kunwar acknowledge that it is the intention of this agreement to be a full and fmal settlement of all claims arising out of the alleged seizure of the property described in the State 's Motion and, therefore , compromise and settle all claim s against the City under any other theory , whatsoever; and, WHEREAS , even though the City denies any liability of any kind on account of the seizure made the s ubject of this litigation , the City and Respondents , through the respondent's attorney, Terrence L. Ridgely, have agreed to the terms and fmdings detailed in the attached Forfeiture Order in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. II. TERMS THEREFORE, IN CON SID ERA TION OF THE MUTUAL PROMISES HEREIN AND THE SETTLEMENT OF THE ABOVE NUMBERED AND ENTITLED CAUSE, THE PARTIES AGREE AS FOLLOWS: l. After the execution of the agreement, the City and Three Amigos / Mahendra Kunwar, through their respective attorneys, agree to submit the attached Forfeiture Order in cause number 2018 CF 000056 to a City of Fort Worth Municipal Court Judge for signature, which shall dispose of all claims , and be fmal , and appealable. COMPROMISE SETTLEMENT AGREEMENT ANDRELEASE OF ALL CLAIMS Cause No . 2018 CF 000056-State v. Four (4) Gambling Devices, et al. Page2 2. Three Amigos and Mahendra Kunwar, release the City , it s agents , emp loyees, workers , representatives , 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 2018CF000056 , executed on March 31 , 2018 at 3704 Decatur Ave., Fort Worth, Texas 76106, including the State's Motion for forfeiture under article 18 .18(b) of the Texas Code of Criminal Procedure in the above cause number, and any other matters related to this litigation , whether known or unknown. 3 . Three Amigos and Mahendra Kunwar represent that no ot her person or entity has an interest in the property seized under search warrant number 2018CF000056 , executed on March 31 , 2018 at 370 4 Decatur Ave., Fort Worth , Texas 76106 , and detailed in the State 's Motion for forfeiture. Three Amigos and Mahendra Kunwar, therefore, agree to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents , employees, workers and representatives of the City of Fort Worth, and all others connected w ith or in privity with the City of Fort Worth, its heirs , representatives , successors and assigns, from any and all claims or ca uses of action, in c ludin g any costs or expenses in connection therewith, whic h may hereafter be brought by any person or entity c laiming an interest in the property seized in this litigation . 4. This Compromise Settlement Agreement and Release of All Claims is e nt ered into in settlement of all doubtful and disputed claims. 5. Three Amigos a nd Mahendra Kunwar represent and acknowledge that this Compromise Settlement Agreement and Release of AU C laims has been read in its entirety before signing and that it has been fully explained , in detail, by their attorney, Terrence L. Ridgely , and that it is fully understood. COMPROMISESEfTLEMENT AGREEMENT ANDRELEASE OF ALLCLAIMS Cause No . 2018 CF 000056-Stat e v . Fo ur (4) Gambling D evi ces, et al. Page3 6. By his signature hereto , the undersigned, Terrence L. R id ge ly, attorney for Three Amigos and Mahendra Kunwar, and his law frrm, hereby re lease the City of Fort Worth to the same extent Three Amigos and Mahendr a Kunwar have released them, from any cause or causes of action which said attorney or his law frrm may have by virtue of a ssignment or otherwise arising out of the alleged incident made the basis of the above -entitled and numbered cause . 7 This Compromise Settlement Agreement and Re lease of A ll Claims may be exec ute d in a number of identical counterparts , each of which shall be deemed an original for all purposes. 8. By his signature hereto , Mahendra Kunwar, represents and declares that he is more than eighteen (18) years of age and is fu lly 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 contractua l 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. Mahendra Kunwar, fwiher represents and declares that he is authorized to sign this agreement on behalf of Three Amigos and New Pacchirn, Inc. This agreement shall be effective as of the date the last party signature is affJXed hereto as indicated by the dates set forth below the respective signatures. tV Mahendra Kunwar, Interested Party A uthorize d Representative for Three Amigos President and Director, New Pacchim, Inc. Date : 3/16/2023 ------------ COMPROMISE SETTLEMENT AGREEMENT AND REI.EASE OF ALL CLAIMS Cause No . 2018 CF 00005 6-State v. Four (4) Gambling D e vi ces, et al. Page4 STATE OF TEXAS § COUNTYOFTARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mahendra Kunwar , 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 there in expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of _._D_,_~....L.J,C~tc .......... ~~,~_,_) __ __,, 2023 . ._.i~;xt::f:;✓-:. TRACY ALLYSON MOORE SEBESTA [~{:.A,.>:~i Notary Public , State of Texas ~~~.~.::._~~ Comm . Exp ires 07-0 1-2024 '-':rt••~•-!"-,,,,,m\\\\\"' Notary ID 13072490 1 Notary Pubfuvin 7and for The State of Texas [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] COMPROMISE SETTLEMENT AGREEMENT ANDRELEASE OF ALL CLAIMS Cause No . 2018 CF 000056-State v. Four (4) Gambling De vices, et al. Pages APPROVED A TO SUB TANCEANDFORM: ~ Date: 3116n023 Te1Tanc~ -------- Texas Bar No. 00797320 RIDGELY LAW FrRM 4100 Spring Valley Road, Ste 870 Dallas, Texas 45244 Attorney for Three Amigos and Mahendra Kunwar APPROVED: As sistan t City Manager Fe rnando ostn CITY OF FORT WORTH .,........Benjamin J. Sampract Senior As sistant City Attorney ATTE T: Dnte: 8-Bd -ZC,2;3 CO MPROMJ SESElTIBMEiNT AGREEMENT A DRELEASE OF ALL CLAIMS use No. 2018 • 000056-Stat e v. Four (4) Gambling Devi ces, el al . -··-1·'ll'l7'P"IT"""I RECORD · ' >f:CRETARY VORTH,TX