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Home My WebLink AboutContract 60130141-332734-2fffy SECRETARY FILED GO CT NO. `O�/1 \i ,RRANT COUNTY 9/15/2023 10:05 AM A. CAUSE NO. 141-332734-22 THOMAS DISTRICT CWILDERLERK CIERRA HOBBS, INDIVIDUALLY AND § IN THE DISTRICT COURT NEXT FRIEND OF C.J. JR., A MINOR § Plaintiff, § V. § 141st JUDICIAL DISTRICT CITY OF FORT WORTH AND § JEREMY CARDEN § Defendants. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS For and in consideration of the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Cierra Hobbs, As Next Friend of C.J., a minor (Plaintiff), who is represented by attorney David M. Patin, of Godsey Martin, P.C. agree that: 1. Plaintiff agrees to release, settle, compromise and discharge the City as set out herein; the City agrees to pay to or on behalf of Minor Plaintiff, C.J., Jr., the sum of Twenty -Four Thousand Dollars ($24,000.00). Payment of $24,000.00 will be apportioned as ordered by the Court at a prove -up hearing to be held at the Court's earliest convenience, and will be in full and final settlement of all claims against the City its agents, employees, workers or representatives, arising out of Plaintiff's injuries that allegedly resulted from a certain accident which occurred on April 18, 2021. 2. In consideration of the terms and provisions of this settlement agreement and release, as herein stated, Plaintiff agrees and does hereby release, acquit and forever discharge the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from any and all claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever in law or in equity, actions and causes of action of whatever kind and character whether in contract or in tort, known or unknown, presently existing or which might ever accrue to Minor Plaintiff, C.J., Jr. arising out of or having to do with the claims, causes of action or allegations described in Plaintiff's claims as well as from any other claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever which might arise as a result of any actions or conduct of the City of Fort Worth. 3. For the same consideration as herein set out, Cierra Hobbs, As Next Friend of Compromise Settlement Agreement and Release of All Cierra Hobbs, as next friend of C.J., a minor v. CFW Cause No. 141-332734-22 OFF OAL RECORD? CITY SECRETARY FT, ''FORTH, TX OSO RUM SEP 19a 3 Af 0:35 C.J., Jr., a minor, in her representative capacity does, for the minor Plaintiff, his heirs, executors, administrators, successors and assigns, hereby release, acquit and forever discharge the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from any and all claims, demands, attorney's fees, penalties, actions and causes of action of whatever kind and character, whether in contract or in tort, known or unknown, presently existing or which may accrue in the future, arising a certain accident which occurred on April 18, 2021. 4. This Release is intended to extinguish any and all debts, obligations or causes of action existing between Minor Plaintiff C.J., Jr. and the City concerning a certain accident which occurred on April 18, 2021. 5. It is the intention of Plaintiff and the City that this release shall be effective as a full and final accord and satisfaction and as a bar to all actions, causes of action, costs, expenses, attorney's fees, damages, claims, and liabilities whatsoever, whether or not known, suspected, claimed or concealed. Plaintiff expressly waives and relinquishes any and all rights and benefits which Plaintiff may have under Texas and Federal statute or common law principal, to the fullest extent that Plaintiff may lawfully waive such rights or benefits pertaining to the release of claims against the City. In connection with such waiver and relinquishment, Plaintiff acknowledges that she is aware that she may hereafter discover claims, liens, or facts in addition to or different from those which she now knows or believes to exist with respect to the subject matter of this release, but it is her intention to fully, finally and forever settle and release all of the disputes and differences known or unknown, suspected or unsuspected which do now exist, which may exist in the future, or have existed between Plaintiff and the City arising out of or in connection with the released claims. 6. Cierra Hobbs warrants and represents that she is the natural parent, guardian and next friend of the Minor Plaintiff, C.J., Jr., and no other party or entity owns or holds any claim or cause of action by, for or through the minor Plaintiff regarding the circumstances arising from the matters contained in this Release and Settlement Agreement. Cierra Hobbs represents and testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, C.J., Jr. 7. Cierra Hobbs, in her representative capacity, does for the minor Plaintiff, and his successors, heirs, executors, administrators, representatives, insurers, agents, and assigns, covenant and agree that she will not institute any suit or action, or prosecute or in any manner voluntarily aid in the institution or prosecution of any claim, demand, suit, action or cause of action, State or Federal, against the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, with respect to any matter, cause or thing whatsoever arising out of, based in whole or in part upon, relating to, or existing, by reason of the transaction, events, occurrences, acts, omissions or failures to act, of whatever kind or character whatsoever, alleged or which could have been alleged, in this litigation with regards to C.J., Jr. 8. The purpose of this Agreement is to accomplish the compromise and settlement of disputed and contested claims, and nothing in this agreement shall be construed as an admission Compromise Settlement Agreement and Release of All Claims Cierra Hobbs, as next friend of C.J., a minor v. CFW Cause No. 141-332734-22 Page 2 of 7 by any party to this agreement of any liability of any kind to any other party to this agreement. The City denies the allegations set out in the claim and further denies the City is liable to Plaintiff in any respect whatsoever. 9. Cierra Hobbs, As Next Friend of C.J., Jr., a minor, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff, or on Plaintiff's behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on April 18, 2021, made the basis of this claim, have been or will be paid or compromised by Plaintiff, and hereby agrees to defend, indemnify and hold harmless the City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or connected with them, as well as any person, corporation, association, partnership, or entity they are or may be required to defend, indemnify, or hold harmless from and against any claims for medical, hospital, and/or other claims and expenses of any and every nature, including but not limited to, claims which may hereafter be made under the authority of the Texas Hospital Lien Law or any other state or federal statute, rule, or regulation. PLAINTIFF REPRESENTS THAT THE MEDICAL BILLS OF C.J., JR. HAVE BEEN PAID BY MEDICARE, MEDICAID, OR BY ANOTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY. PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID, OR OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. PLAINTIFF ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY PLAINTIFF WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 10. This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of Texas applied to contracts made in Texas to be wholly performed in Texas by Texas domiciliaries. 11. This Agreement shall constitute the complete expressions of the terms of the settlement. All prior and contemporaneous agreements, representations, and negotiations are superseded. 12. If any provision of this Agreement is illegal or unenforceable, then that provision shall be deemed stricken and all remaining provisions shall remain in force and effect. 13. This Compromise Settlement Agreement and Release of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 14. Cierra Hobbs, As Next Friend of C.J., Jr., a minor, represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety Compromise Settlement Agreement and Release of All Claims Cierra Hobbs, as next friend of C.J., a minor v. CFW Cause No. 141-332734-22 Page 3 of 7 before signing and that it has been fully explained, in detail, to her by Plaintiff's attorney and that it is fully understood. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Compromise Settlement Agreement and Release of All Claims Cierra Hobbs, as next friend of C.J., a minor v. CFW Cause No. 141-332734-22 Page 4 of 7 This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth belo%v. CIERRA HOBBS, AS NEXT FRIEND OF C.J., A MINOR, PLAINTIFF Date: ' — I ` L STATE OF TEXAS § COUNTY OFOA,VA� § BEFORE ME, the undersigned authority, on this day personally appeared CIERRA HOBBS, known to ne to be the person whose name is subscribed to the foregoing instrument, and acknowledged to nie that she executed the saute as her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of 202-31. Notary Public in and Ior the State of-,i]r—;=�+ - �`yYne�� CHRISTINA KENNEDY Y r,_Notary Public, State of Texas �* + Comm. Expires 01-21-2025 Notary ID 11953371 �r1110 Compromise Settlement Agreement and Release of All Claims Cierra Hobbs, as next fiend of C'.1.. a minor %, CFW Cause No. 141-332734-22 Page j ul APPROVED AS TO SUBSTANCE AND FORM: /s/ David M. Patin David M. Patin Texas Bar No. 24076611 15000 Surveyor Blvd. Addison, TX 75001 Tel. (214) 744-3339 Fax. (469) 620-0036 Email: dpatin@gmfirm.com C4Bog.5?)/ 47St. Haltom City, TX 76117 Tel: (817) 999-6910 Fax: (817) 457-8554 Email: coryboggess@gmail.com Attorney Ad Litem CITY OF FORT WORTH: APPROVED: Assistant `City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Attomey for efendant, City of Fort Worth Destiney-Ariel Hicks Assistant City Attorney Compromise Settlement Agreement and Release of All Claims Cierra Hobbs, as next friend of C.J., a minor v. CFW Cause No. 141-332734-22 Date: 09/01 /2023 Date: Date: 9115' 12d23 Date: 9/14/2023 wo.;ic.ua w�wweA c'f 9S 1.I±M' IF 1411M�i01. 1rR6r�ewv CIY( SECRETARY FT. WORTH, TX Page 6 of 7 ATTEST: 4.d4O�p�� I L� O` °0°OR-000 'ILIA `o 00 odd Date: 9 ¢ity Secretary V g=o / o d PPS o°°° *,d °oo°°° p a�njQ Ao�ooa 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. Date: 09/14/2023 Yolanda Fouche OFFICIAL. RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Cierra Hobbs, as next friend of C.J., a minor v. CFW Cause No. 141-332734-22 Page 7 of 7