Loading...
HomeMy WebLinkAboutContract 61138City Secretary j 113� Contract No �q CAUSE NO.2022-004966-3 JAMES HENRY KELLEY III § IN THE COUNTY COURT Plaintiff § V. § § AT LAW No. 3 THE CITY OF FORT WORTH § Defendant § § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY I. RECITALS WHEREAS, James Henry Kelley III, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about August 24, 2020, he received personal injuries in an automobile accident when a City of Fort Worth Police vehicle pulled in front of his vehicle; WHEREAS, Plaintiff James Henry Kelley III further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"), by way of its employee, proximately caused the above -described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff James Henry Kelley III, suit was filed against the City in the above -entitled and numbered cause, reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiff's claims and cause of action; WHEREAS, Plaintiff James Henry Kelley III has offered to compromise and settle all claims and causes of action of any kind which he may have against the City, its agents, employees, workers and representatives, and all others connected with or in privity with the City, arising out of or connected in any way with the above described accident in consideration of payment by the City to Plaintiff James Henry Kelley III, and his attorney James R. Ames III, the sum of Ninety -Five Thousand Dollars ($95,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the accident described above and Plaintiff's alleged injuries; and WHEREAS, even though the City denies any liability of any kind on acc. m the alleged incident made the subject of Plaintiff, James Henry Kelley III's, suit, t� 4 v _: „ _ 1, c_,, a c" CITY SECRETARY FT. WORTH, TX has agreed to the payment terms described above in compromise and settlement of the disputed claims and in order to avoid further time-consuming and costly litigation. II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Plaintiff agree that: 1. James Henry Kelley III, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to James Henry Kelley III and his attorney, James R. Ames III of Sample Ames, PLLC, the sum of Ninety Five Thousand Dollars ($95,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiff's alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for himself, his representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Plaintiff might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 2022-004966-3, in the County Court at Law No. 3, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental suffering (past and future), medical expenses (past and future), physical impairment (past and future), and any other kind, character or nature of damage, which could or might be the subject of a claim by him arising from the incident hereinabove described. 2. In consideration of the payment described above, Plaintiff agrees 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 with or in privity with the City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff James Henry Kelley III, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, James Henry Kelley III, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by him, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about August 24, 2020, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless Defendant, 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 Compromise Settlement Agreement and Release of All Claims for Personal Injury -James Henry Kelley III Cause No. 2022-004966-3; Kelley v. City of Fort Worth Page 2 of 6 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 NONE OF THE MEDICAL BILLS OF JAMES HENRY KELLEY III HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI - GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, 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 JAMES HENRY KELLEY III ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HIM WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, James Henry Kelley III, and his attorney acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or his counsel regarding the tax consequences of the payments made to him or to his attorney under this Agreement; and (2) Plaintiff and his attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his attorney in this Agreement, and for paying taxes (federal, state, or otherwise), if any, which any taxing authority determines or claims are owed with respect to such payments. 5. The release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of the City regarding whether or not it is liable for any damages alleged in the above -entitled and numbered cause. It is also understood and agreed that this settlement is in compromise of disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of the City of Fort Worth, and, in fact, City denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff, James Henry Kelley III acknowledges that he and his attorney, James R. Ames III, are the only Compromise Settlement Agreement and Release of All Claims for Personal Injury -James Henry Kelley III Cause No. 2022-004966-3; Kelley v. City of Fort Worth Page 3 of 6 parties entitled to the proceeds of this settlement and agrees to defend and indemnify the City of Fort Worth and all persons or entities connected with the City of Fort Worth against any person or entity, including, but not limited to, any attorney or law firm who claims to have represented Plaintiff at any time with regard to the alleged damages made the basis of this lawsuit or that could have been made the basis of this lawsuit who claims to be entitled to the proceeds of this settlement. 6. Plaintiff agrees to dismiss the cause of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorney, James R. Ames III, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, James Henry Kelley III's, claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff, James Henry Kelley III, and his attorney agree to expeditiously provide any information the Court may require, and/or to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 7. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 8. 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. The Parties agree that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or undertakings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed orally, and any changes or amendments must be signed by all Parties affected by the change or amendment. 9. Plaintiff, James Henry Kelley III, represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail, to him by his attorney and that it is fully understood. 10. By his signature hereto, James Henry Kelley III, Plaintiff, represents and declares that he is more than eighteen (18) years of age and is fully competent to enter into this Compromise Settlement Agreement and Release of All Claims, that the representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. Compromise Settlement Agreement and Release of All Claims for Personal Injury -James Henry Kelley III Cause No. 2022-004966-3; Kelley v. City of Fort Worth Page 4 of 6 03/04/2024 09:32 8172953836 JOS" PHARMA PAGE 03/03 From: SOnrples Allies Fax; IMM51905 To: Flu: (61i) 215.15N Pepe: 6 019 0211612024 1:27 PM 11. It is understood and agreed that this Agreement shall be governed by and construed and enforced in accordance with, and subject to, the laws of the State of Texas, to the extent not preempted by Federal law. 12. This Agreement is the product of arm's-length negotiations between the Parties, and no Party shall be deemed to be the drafter of any provision or the entire Agreement. The wording in this Agreement was reviewed and accepted by all Parties after reasonable time to review with legal counsel, and no Party shall be entitled to have any wording of this Agreement construed against the other Party as the drafter of the Agreement in the event of any dispute in connection with this Agreement This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. / [►NOES HENRY Eflo+�er ir� ,. lala �, 1tS Date: V 3-1 'a L/ STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared JAMES .HENRY KELLEY TH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f*� day of ffiarfJn_, 204 = LENA REDING i Notary Pubk, Sloe of Texas = i * NOTARY ID * 134s50W4 Notary Public in and for the State ofo'exas My CaMA990n &p %12.27 APPROVED AS TO SUBSTANCE, AND FORM: /s/ James R. Ames pate: 31512024 Attorney for Plaintiff James R. Ames III State Bar No. 24091111 Compromise Settlement Agreement and Release of All Claims for Personal Injury -James Henry Kelley III Cause No. 2022-004966-3; Kelley v. City of Fort Worth Pagc 5 of 6 Steven R. Samples State Bar No. 24086348 SAMPLES AMES 460 West Harwood Road Hurst, Texas 76054 817-605-1505 855-605-1505 Fax docket@tex.law ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: Assistant City Manage CITY OF FORT WO TH APPROVED AS TO FORM: Attorney for Defendant, City of Fort Worth Destiney-Ariel Hicks Assistant City Attorney ATTEST: J ette S. Goodall, City Secretary Date: �19�111Qo?� Date: 3/8/2024 Date: 1�3`/ 2/Z0 Zyc Compromise Settlement Agreement and Release of All Claims for Personal Injury Ames Henry Kelley III Cause No. 2022-004966-3; Kelley v. City of Fort Worth OFFICIAL RECORD Page 6 of 6 CITY SECRETARY FT WORTH, TX STATUTORY DURABLE POWER OF ATTORNEY NO'11CIi: 7'llF, POW'I:RS GRANTI,"D BY TIIiS DO(:UMI-'N'I' ARI: BROAD AND SWI,'I:PlN(;. TI II:Y ARI; F.M)LAIN1iD IN TI Ili DURABLE 110ATR OIL A'1'I'ORNI:Y A(;1', SUBi,rrI.l i P,'1T1'l,l i 2, Isti'1',\'1'I i5 (:ODI:. ll l'OI' I l;\\'l i;\Nl' (1UI :S'1'lONS ;\ROUT"1'l iI :SI YOW'I:RS, OBTAIN COMP1 T"NT LFIGAL ADVICI:. TIl1S DOCUMENT DOES NOT AUTI1ORl%Ii ANYONI-*'1'O \LAKE MFDiCAL AND O'1'1IF'R I IIiA,IXI I-CARI: DI CISIONS FOR YOU. YOU MAY RI?VOKI? '1'I IiS POW'I :R OI' ,\'ITORNIW IF YOU IA'1'I:R WIS11 11) DO SO. IFYOU \C'r\N`1' YOl'R :\GENT TO I [,\\'1', '1'1Ili .tl:'1'{ IORi'll' "1'O SiGN 1 lO\II l''QUI'1'Y LOAN DOCUM .NTS ONYOUR BIi11ALF,11IiS POWER OF A'1'1'ORNIiY MU51' Bli SIGNED BY YOU ATTI IF, OFFICI; OFTI 11: 1,1:NDI:R, AN XITORNI'Y AT LAW, OR A "I'TI1.1: COMPANY. You should select someone you trust to serve as your agrent. Unless you spmli - othemise, generally the agent's authority will continue until: (1) you die or revoke the powcr of attorney; (2) your agent resigns, is removed by court order, or is unable to act for you; or (3) a guardian is appointed for your estate. 1, James Henry Kelley III, of Johnson Counn, Texas, appoint Patricia Kay Bachhofer-~tone, 5118 Pala Duro Drive, Joshua, "Texas 7W59, 1i 17..727.3428, as my agent (attorney in fact) to act for me in any lawful way with respect to all of the following poxycrs that i have initialed below. (YOU MAY APPOINT CO-AGI:NTS. UNI.I:SS YOU 1'ROVIDI- O'I'I iI:RW'1SIi, MAY AC1' INDi:PF,NDi.N'I'l.Y.) TO GRANTALL. OFTI II: FOLISAVING 1'O\\'FRS, INITIAL TI II : LiNT? IN I-*RON'I' O1.- (( )) ,\ND 1GNiORli "1'llli LINF-S IN FROM OF T111'. 0'1111:R POATIRS I,1S'I'liD IN (A) TI IROUGi I (N). '1'O GR;\N't' A I'O\�L�IiR,YOI' i\iUS'I' INI'I'(AI.'I't II? I,1N1:IN I�1ZUN'1`UI�'!'I II•: PO\k'I?It YOl' ARI; GRANiTiNG. TO W111111011) A P ME-R, DO NOT INITIAL '1'l11: LINE 1N FROM' OF —1.11]: 1-10WI:R. YOU MAY, BUT DO NO"I' NFF,D'1'O, CROSS Oh'1' I?ACI i POW'I :R W'ITI 1111:1.1). (A) Real property transactions; (13) Tangble personal property transactions; (0 Stock and bond transactions; (D) Commodity and option transactions; (11) Banking and other financial institution transactions; (I•) Business operating transactions; (G) insurance and annuity transactions; (1 I) I -state, trust, and other beneficiary transactions; (1) Claims and litigation; Statutcm• Durable ItCwcr of Atumne • Principal: James Henry Kelley III P-.iW 1 of G Initials _,_._ p) Personal and family maintenance; (K) Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service; (I) Retirement Plan transactions; (r\'1) Tax matters; .... (N) l)i},,ital assets and the content of an electronic communication; (0) AIa.OI '1'i Il: POWF.16 LISTED iN (A)THROUGH (N). YOU DONO'1' I IAVl,'IO iNi'1'it\l.'I'I ll: LINI," iN FRONTOI- ANY O1'I IER NONVI:R II: YOU iNITIAL LINE: (0). SPECIAL INNSIRU(XIONS: Special instructions applicable to agent compensation (initial in front of one of the following sentences to have it apply; if no selection is made, each agent w•il] be entitled to compensation that is reasonable under the circumstances): My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to nsation that is reasonable under the circumstances. ! My agent is entitled to reimbursement of reasonable expenses incurro.•cl on my behalf but shall receive no compensation for serving as my agent. Special instructions applicable to co -agents (if you have appointed co -agents to act, initial in front of one of the following sentences to have it apply; if no selection is made, each agent will he entitled m act independeody): I?ach of my co-aWnts may act i Sdepcndcoth• for me. My co -agents may act - r me only if the co -agents act jointly. My co -agents y .ty-31;L�)r me only if a majority of the co -agents act jointly. Special ins-Eructions applicable }ifts (initial in front of the follo wing sentence to have it apply): I gr tnt my agent the power to apply m• property to make Ofts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held bt- one, except that the amount of a Oft to an individual may not exceed the amount of annual exclusions allowed from the federal Oft tax for the calendar year of the I,rift. (e e A040 GRANT OF SPFICIFIC AUTI iORI•IY: Vt* (jAf';S t ',to A1y agent'MAY NOT do any of the following spt.•cific acts forme C'Nl.I:SS i have INITIALED the speciFc authority listed below: Statutuny Durable 114iwer of Ationic Princip il: James Henry Kelley III Path 2 of G Initials (CAUTION: Granting; any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INI'11AL ONLY the specific authority you WANT to give your agent. If you DO N(YI' want to grant your T rc of thefollowing powers, you may also CROSS ( UTa power you DO NOT want Create, amend, revoke, or terminate an inter vn'o's trust; Make a gift, subject to the limitations of Section 751.0.32 of the Durable Power of Attorney Act (Section 751.032, N.states C(Kic) and am' % 44�c,i.al instruFFtions in this power of attorney; ---'' Fee "" b p"f t'r Ow WOkJJ Create or change rights of survi%orxhip; Create or change a beneftcian• designation; Authorize another person to exercise the authority grrtntW under this power of attorney. ON'I'111? FOLLOWING LINES YOU 11AY CiIVI? SPECIAL INSTRUCTIONS LI ITINC OR I0C1'I?ND1NG, TI I1: POWEAS GRAvTFI) TO YOUR AGE.: T. UNLESS YOU DIRECI' O'I'111: WISE BI'.LOW. Till's P(AVIA OV ATI*ORNI:Y IS FI'11I-C TIVfi IV MI-,DIATI:LY AND VA H. CONTIN111i UNTI1.IT ERMINATFS. CHOOSE ONV OF THE' FOLLOWING AI:I'I',RNATIVFS BY CROSSING OUT TI IF AI TI:RNA'11VI: NCYI' CI IOSEN: (A) This power of attomey is not affected by my subsequent disability or incapacity. o a omcy DCtxnue. tiyc ulxn me disability or i aeitc-1 YOU SHOULD CI IOOSI. ,�l:l'I?IZN;�'I'I�'I? (A) IF -1-1 IIS POW FR OF ATFORNEY IS TO BFCOM1: 1:1:1-'1'1C IV1; ON TI II? DATI? IT IS 1;XFCL "IT 1). 11: N1:1-1-11L'R (A) NOR (11) IS CRC )SSI ;I) 0UI', I- I' V-ILL BI : ASS U,\11:1) TI I A1' YOI: CI IC )SI Al:l'I:RNA'1'IVI: (A). If Alternative (11) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date Later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. 1 authorize the physician who examines me for this purpose to disclose my physical or mental Statuttm Durable Power of Attomey 11rincigxd: James Henry Kelley Ill P,W3ofG Mirials condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this Power of attnmey that is based on the determination made by a Physician of my disability or incapacity. l agree that any third party who receives a copy of this document may act under it. 'Termination of this durable power of attorney is not cffLrtiyc as to a third party until the third party has actual knowledge of the termination. 1 agree to indemnify the third party for am• claims that arise atrainst the third party because of reliance on this power of attorney. The meaning and effect of this durable power of attorney is determined by *Texas law. If any agent named by me dies, becomes incapacitated, resigns, refuses to act, or is removed b}• court order, or if my marriage to an agent named by me is dissolved by a court decree of divorce or annulment or is declared void by a court (unless l Provided in this document that the dissolution or declaration does not terininatc the agent's authority to act under this power of attorney), I name the following (each to act alone and successively, in the order named) as successors) to that agent: ,first Alternate Ag=: Second Allemate A 4nt: Signed this A day of January, 2023. I Ames Henry Kelley III, Principal State of Texas § County of Tarrant § This instrument was acknowledged before me on this A�4W day of anuary, 2023 by James Henry Kelley III. 04v16q, CATHERINE ANN AUSHIOW DUNNAVAIf `x°:•:n: Notary Public, State of Texas Comm. Expires 04-01-2026 Notary ID 434257 Statuttm' Durable Power of iWorrmcy Princirni: James Henry Kelley III Page 4of6 N( lie, S` a of TexaS� Initial. IMPORTANT INFORMATION FOR AGENT .\gcnt's Duties \`(lien you accept the authority granted under this power of attorney, you establish a "fiduciary" relationship with the principal. This i,,:t special legal rclatiunshrp that imposes on you Iegral duties that continue until YOU resign or the power of anornc•\ is terminated, suspended, or revoked b\ the principal or by operation of law. A fiduciary duty �-cneralk includes the dttt\' to: (1) act in good faith; (2) do nothing beyond the authority granted in This power of attorney; (3) act loyally for the principal's bent: tit; ;Tl avoid conflicts that would impair Vnur ability to act in the principal's best interest; and (5) disclose \•our identit as ;In agent when you act for the Principal by \Vriting or printing the name Of the principal and signing Four own name as "agent" In the following manner: (Principal's Name) by (Your Signature, as A,,ctu In addition, the Durable Powcr of attorney- .1ct (Subtitle 1), *1 itie 2, Estates Code) rcyuirc•s you to: (1) maintain records of each action taken or decision made on behalf of the principal; (2) maintain all records until dcliycrcd to tht.• principal, released by the principal, or discharged by I court; and (3) if requested by the principal, proyidc an accounting to, the principal that, unless otherwise directed by the principal or otherwise provided in the Special Instructions, must include: (A) the property belonging to the principal that has come to, Vour knowledge or into Vour possession; (B) each action taken or decision made bV \ou as ;t,`e•nt; (C) a complete account of receipts, dlsl)ursc•nicnts. and other actions of you as agent that inclttdcs ncc source and nature of each receipt, dishurSi'tllcfll. or ;Ictinn, With rca.•ipts of principal and incotllc sho\yn separately; (D) a listing of all propern- orcr which you have exercised control that includes an adequate description of each asset and the asset'-, current value, if kno\\•n to you: (li) the cash balance on hand and the name and loc<uion of the depositor\• at \\hich the c;isli balance is kept; (1 ) each known liability; (G) any other information and tact: known to \•nu :ts neccssarV for a full and dctinitc tlndCfstaneling of the exact condition of the property beloligittg to the principal; and (11) all documentation regarding the principal's property. Termination of ,\gents :\uthorit\ YOU must stop acting; on behalf of the principal If \uu learn of :ul\ cVCrrt that tcrminatcs or suspuul. this power of attorney or your authority under this power of attorney. An event that tcrminatcs this powcr of attorney or yourauthority to act tinder this power of attorrny Includes: (1) the principal's death; ('?) the principal's revocation of this power of attorne\ or your aulhorit\; (3) the occurrence of a termination c\•ent stated in this power of attorney; (4) if you are married to the principal, the dissolution of your marriage• by it court decree of diyorcc or annulment or declaration that your marriage is Void, unless otherwise provided in this power of a eCortley; (5) the appointment and qualification Of a permanent p,uardi:ul of the principal's cst:Ite unless a courr order provides orherwtsc; or SUIUM Y' Durable Po\vcr of .\tt„roc\• 11rincipa1: Junes Henry Kelley III Pas: 5 of b Initial.6 /41 _ (0) if r,rdcrcd by I court, \-()ur removal it,, (atto rncy in last) under this pwwcr of attorney. An c-%-ent that suspends this poi. er of atu,rnc\ ur your aLit h(MIN' Io act under this p)"rer ofattornct is the appointment and qualification of a tcmp()rar\ guardian unless a covert order pro>\•idcs ,)tlicr\\ise. Liability of Agent The authority granted to you under this power ()f atlo1,110• is specified in the Durahlc I'rnVcr of Attorney Act (Subtitle 11,'1 itle 2, I "states COLIC";, I f Vou Vlolatc the Durable (,f Att(,rncv .1ct , tr act bex-ond the authorilx• granted, vou may- be liable for any damages caused by the t•iolation or subject to prosecution for misapplication of propern I) a tiducian• under Chaptcr 32 of the Texas Penal Codc. TlII. ;\GI"INN, BY ACCI"1'TENG OR ,ACTING l'\I)1?K TlII' APM)IN'I'M1;NT, ASS( .\II.ti Tl IF IIDI'CIARY AND O'I'III"It 1.I-.GAI. Itl.tipO\SlBl1,1'1'11�S OI• AN M; ENT. Stittumn- t)urablc I'oa•cr of A u,rnci- Pruuipal: James Henry Kelley III , 111c;c 6 46 In,tial� r'r Date: 03/05/2024 To: William Johnson FOR YOUR CONVENIENCE We are taking the liberty of forwarding the attached information without a cover letter in the belief that promptness may be more important to you than formality. Please see Angela White's email and Destiney Ariel's email of 03/08/24 for more information. THE CITY OF FORT WORTH Office of the City Attorney 200 Texas Street Fort Worth, Texas 76102 (817) 392-7669 By: Destinev Ariel Hicks Re: James Henry Kelley III v. The City of Fort Worth; Settlement Agreement Cause No. 2022-004966-3 Please sign and date the attached where indicated. Note that there is one (1) settlement agreement attached. Please call Shoshanna Cordova x 7639 when ready for pickup. Please do not forward to City Secretary for recording at this time. Thank you.