HomeMy WebLinkAboutContract 5948411TY SECRETARY
R,erFACT NO., SLI.-------
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made and delivered by and
between Plaintiff, ALVIN ALEJANDRO-ALVERIO ("Alejandro-Alverio"), Defendants,
PRESTON HULL and RONNY DERAMUS, and, the CITY OF FORT WORTH (the "City"),
who is not a party in the Lawsuit, collectively, referred to herein as "the Parties".
WHEREAS, Alejandro-Alverio filed a lawsuit against Defendants styled, ALVIN
ALEJANDRO-ALVERIO v. PRESTON HULL and RONNY DERAMUS, Civil Action No.
4:22-CV-309, in the United States District Court for the Northern District of Texas, Fort Worth
Division (the "Lawsuit");
WHEREAS, Alejandro-Alverio asserted claims in the Lawsuit for alleged excessive force
and related claims against the Defendants arising from the arrest of Alejandro-Alverio on or
about April 26, 2020 (the "Occurrence"); and
WHEREAS, the Parties desire to settle and compromise all claims asserted in the Lawsuit
and all matters related to the Lawsuit and the Occurrence in order to avoid the continued costs
and uncertainty of litigation; and
WHEREAS, the Defendants deny all liability and wrongdoing, and the Parties agree that
nothing herein shall constitute or be constructed as an admission of any liability or wrongdoing
by any parry.
NOW, THEREFORE, for and in consideration of the promises, representations, releases,
warranties, covenants, and indemnities contained in this Agreement, the Parties agree as follows:
ARTICLE 1
Consideration
1.1 After this Agreement is fully executed and delivered to all parties, Alejandro-Alverio
shall execute a Motion or Stipulation of Dismissal With Prejudice, subject to the reasonable
approval or agreement by the lawyers for the Defendants, and shall submit same to the Court for
entry.
1.2 The City shall pay Plaintiff Alvin Alejandro-Alverio and his attorney Breanta Boss,
Scott H. Palmer, P.C., the sum of Twenty Thousand Dollars ($20,000.00) in full and final
settlement of all claims and matters as specified herein within 30 days of the receipt of a fidly-
executed copy of this Settlement Agreement.
1.3 Each party shall pay their respective attorney's fees and costs.
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) dismissal with
prejudice of the Lawsuit; and (d) the other representations, warranties, promises, indemnities,
SETTLEMENT AGREEMENT AND RELEASE
Alejandro-Alverio v. Hull and Deramus Page I OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
and agreements set forth in this Agreement. Alejandro-Alverio acknowledges the receipt and
sufficiency of the consideration for this Agreement.
ARTICLE 2
Releases
2. Except for the obligations imposed on the Parties by this Agreement, Alejandro-
Alverio, on his own behalf and on behalf of his respective agents, employees, servants,
representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns, and any
person or entity claiming by, through or under him, does hereby release, acquit and forever
discharge Defendants, Preston Bull and Ronny Deramus, and City and each of their current or
previous agents, employees, servants, representatives, elected officials, attorneys, insurers,
reinsurers, subsidiaries, successors and assigns (collectively, the "Released Parties"), from and
against any and all claims, demands, causes of action, liabilities and damages (including but
not limited to actual damages, exemplary and punitive damages, statutory damages, penalties,
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, or otherwise, whether under constitutional law, statutory law, or common law,
whether state or federal, including, but 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 Alejandro-Alverio and the Defendants, the
Occurrence, the subject matter of the lawsuit, or the actions of the Parties in the
negotiation and 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
Parties, including, but not limited to claims for actual damages, exemplary damages, breach of
contract, fraud, violation of any federal or state law or regulation, breach of duties of good faith
and fair dealing, bad faith, attorney's fees, interest, or any other cause of action which was or
could have been brought in the Lawsuit or otherwise relating to or arising from the Occurrence.
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
the Released Parties to Alejandro-Alverio with regard to the subject matter of the Lawsuit,
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 to any other Party, or any other person or entity by reason of the claims and
allegations made by the Parties, such liability being specifically denied. The Parties understand
and acknowledge that this Agreement is made as a compromise and shall never be used as
SETTLEMENT AGREEMENT AND RELEASE
Alejandro-Alverio v. Hull and Deramus - Page 2
evidence of liability of any of the Released Parties, or the named Defendants, 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
Alvin Alejandro-Alverio represents and warrants as follows:
4.1 Alejandro-Alverio is legally competent and has capacity to execute this
Agreement.
4.2 Alejandro-Alverio represents and warrants that the he has not assigned, pledged,
sold or transferred any right, title or other interest, in any claim, cause of action or suit against
any of the other Parties, to any person or entity. Alejandro-Alverio agrees to indemnify and hold
harmless the Released Parties against any demand, claim or suit, including necessary expenses of
investigation and reasonable attorney's fees, in which allegations contrary to the representations
and warranties in this paragraph are asserted.
4.3 All expenses of any and every nature and character whatsoever incurred by
Alejandro-Alverio arising from the Occurrence or in connection with the Lawsuit have been or
will hereafter be paid in full by Alejandro-Alverio, 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 Occurrence described above and any injuries or damages
incurred or sustained as a result of it.
4.4 To Alejandro's knowledge, no insurance, hospital, Social Security, Medicare,
Medicaid, child support, FELA, or Veterans' Administration liens exist or will give rise to any
claim against the Released Parties.
4.5 Before executing this Agreement, Alejandro-Alverio 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 Parties or by anyone acting for them, except as is expressly
stated in this Agreement.
4.6 Alejandro-Alverio has relied solely and completely upon his own judgment and
the advice of his counsel in making this settlement, and Alejandro fully understands that this is a
full, complete and final release, and that the aforementioned $20,000.00 is all the money that is
to be paid to him by or on behalf of the Released Parties as a result of the Occurrence and that
Alejandro-Alverio will have no rights to appeal or further litigation.
4.7 Alejandro-Alverio acknowledges that he is not relying upon the advice of the
Released Parties or the Released Parties' counsel or representatives as to the legal and tax
consequences of this Agreement.
SETTLEMENT AGREEMENT AND RELEASE
Alejandro-Alverio v. Hull and Deramus Page 3
4.8 Alejandro-Alverio 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
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
5.1 Alejandro-Alverio does hereby INDEMNIFY, DEFEND and HOLD
HARMLESS each and all of the Released Parties from and against all losses (specifically
including attorneys' fees and costs) arising out of any claims, demands, causes of action,
suits or judgments made, filed or obtained by any person, governmental entity or quasi -
governmental entity, firm or corporation arising out of the Occurrence brought by,
through or under Alejandro-Alverio (specifically including but not limited to any claims
brought by any governmental entity, insurance carrier or medical provider seeking
reimbursement for payments made to or on behalf of Alejandro-Alverio).
ARTICLE 6
Dismissal of Suit
6. Upon the execution of this Agreement, Alejandro-Alverio shall cause his counsel to
file a motion or stipulation of dismissal with prejudice in the Lawsuit after submitting the motion
or stipulation to Defendants' Counsel for reasonable approval. The motion or stipulation and
any related order shall provide that the matter is dismissed with prejudice to the right of any
party to re -file same and that all costs are assessed against the party incurring same.
ARTICLE 7
Miscellaneous
7.1 This Agreement shall be governed and interpreted in accordance with the laws of the
State of Texas.
7.2 This Agreement and the rights and obligations included in this Agreement shall inure
to the benefit of and be binding upon the Released Parties and the Parties and their respective
successors and assigns.
7.3 If any provision or term of this Agreement shall for any reason be held to be
unenforceable or invalid, the remainder of the Agreement shall not be affected.
7.4 This Agreement constitutes the entire agreement between the Parties to this
Agreement and supersedes all prior oral and written understandings and agreements between the
Parties and the Released 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.
SETTLEMENT AGREEMENT AND RELEASE
Alejandro-Alverio v. Hull and Deramus Page 4
EXECUTED in multiple counterparts on the dates attested by the signatories below.
Alvin Alejandro-,�� v1.�rio, Plaintiff
Date: ig I Z O 2 3
STATE OF TEXAS §
COUNTY OF TARRANT §
�
This instrument was acknowledged before me on the day of Y n A "l2023, by
Alvin Alejandro-Alverio.
Notary Public, State aE Texas Notary Public, State of Texas
Comm. Expires 03.14.2027
Notary la 134251003
Ronny Derniaus, Defendant
Date:
Preston Hull, Defendant
Date:
APPROVED:
Breanta Boss
COUNSEL FOR PLAINTIFF
Kenneth E. East
SETTLEMENT AGREEMENT AND RELEASE
Alejandro-Alverio v. Hull and Deramus Page 5
Date: 5 H -'�.?_ - —
Da;
EXECUTED in multiple counterparts on the dates attested by the signatories below.
Alvin Alejandro-Alverio, Plaintiff
Date:
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of , 2023, by
Alvin Alejandro-Alverio
Notary Public, State of Texas
Ronny ermaus, efendant
Date: 5/24/2023
Preston Hull, Defendant
Date:
SETTLEMENT AGREEMENT AND RELEASE - PAGE 5
EXECUTED in multiple counterparts on the dates attested by the signatories below.
Alvin Alejandro-Alverio, Plaintiff
Date:
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of , 2023, by
Alvin Alejandro-Alverio.
Notary Public, State of Texas
Ronny Dermaus, Defendant
Date:
; rzo,
Preston Hull, Defendant
Date: 5 - ((- )y!
APPROVED:
Breanta Boss
COUNSEL FOR PLAINTIFF
r
Kenneth E. East
SETTLEMENT AGREEMENT AND RELEASE
Alejandro-Alverio v. Hull and Deramus — Page 5
Date:
Date: A,
COUNSEL FOR PRE-STON
yes T. Jeff y,
UNSEL R
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CITY OF FORT WORTH:
APPROVED:
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
Date: -- , �—`�/.Z023,
Date:
5 24-2023
.pO4tl�n _.._....,._
nn M. Winter a4� V oRr��
Senior Assistant City Attorney a ®000000000, coo
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Wtylecretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
05/25/2023
Deirdre O'Neal
SFTiTLEIMENNT AGREEM�;NT ANi) Ii -LEASE
AIc}art&u-Alvc6o %. Iiu'�I wtL! Detatitus I'age f- OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX