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HomeMy WebLinkAboutContract 62323RG 3152479 CAUSE NO.2024-003797-3 Contract No PROGRESSIVE COUNTY MUTUAL § IN THE TARRANT COUNTY INSURANCE COMPANY § Plaintiff, § § COURT AT LAW NO.3 V. § CITY OF FORT WORTH § § TARRANT COUNTY, TEXAS Defendant. § COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PROPERTY DAMAGES I. RECITALS WHEREAS, Progressive County Mutual Insurance Company, Plaintiff in the above - entitled and numbered cause ("Plaintiff'), alleges that Plaintiffs insured, Andrew C. Tome's, vehicle was damaged as a result of an accident that occurred on or about May 15, 2023 at or near US 287 E. and Cobb Park Drive; WHEREAS, Plaintiff Progressive County Mutual Insurance Company 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 Plaintiff Progressive County Mutual Insurance compensated its insured for property damages allegedly suffered; WHEREAS, Plaintiff Progressive County Mutual Insurance alleges it became subrogated to the claim for property damages allegedly suffered by Plaintiff s insured, and as a result, 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 Plaintiffs claims and cause of action; WHEREAS, while the City of Fort Worth denies that the alleged damage to Plaintiff's insured's vehicle was caused by any negligence or other fault of the City or its officers, agents or employees, it has agreed to pay, and Plaintiff has agreed to accept, the total sum of Two Thousand Fourteen Dollars and Twenty -Nine Cents ($2,014.29) in full and final settlement of any and all property damage claims of Plaintiff, his/her heirs, representatives, successors and assigns and any other person or entitv in urivity with Plaintiff. against the Citv_ of Fort Worth. its officers. agents Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3e 1 OFFICIAL RECORD Pa 1 of 7 g j CITY SECRETARY FT WORTH, TX L '� �2_45 and employees and all other persons and entities in privity with, or connected with, the City of Fort Worth, hereinafter sometimes referred to as the Released Parties, as a result of the described above accident; and WHEREAS, the City 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. If. 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. Progressive County Mutual Insurance Company, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Progressive County Mutual Insurance Company, for the sum of Two Thousand Fourteen Dollars and Twenty -Nine Cents ($2,014.29) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiff's alleged damages, and the sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for itself, its 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 property damage 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. 2024-003797-3, in the Tarrant County Court at Law 3, Tarrant County, Texas, including claims for any other kind, character or nature of property damage, which could or might be the subject of a claim by it arising from the incident hereinabove described. PLAINTIFF PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY ALSO REPRESENTS THAT IT WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY IT WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 2. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Progressive County Mutual Insurance Company, and its attorney acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or its counsel regarding the tax consequences of the payments made to it or it's attorney under this Agreement; and (2) Plaintiff and its attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and its 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. 3. The release of property damage 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 Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3 Page 2 of 7 payment made hereunder is not to be construed as admission of liability on the part of the City of Fort Worth, and, in fact, the City denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. 4. Plaintiff agrees to dismiss the cause of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs its attorney, Jessica Lobes, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Progressive County Mutual Insurance Company's, claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff, Progressive County Mutual Insurance Company, and its 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. 5. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 6. This Compromise Settlement Agreement and Release of All Property Damage 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. 7. Plaintiff, Progressive County Mutual Insurance Company, represents and acknowledges that this Compromise Settlement Agreement and Release of All Property Damage Claims has been read in its entirety before signing and that it has been fully explained, in detail, to it by its attorney and that it is fully understood. 8. By its signature hereto, Progressive County Mutual Insurance Company, Plaintiff, represents and declares that it 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 it as inducement to enter into this Compromise Settlement Agreement and Release of All Property Damage Claims. 9. 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. 10. 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 Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3 Page 3 of 7 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. PP��ikGR S COUNTYMU Lhi<CE COMPANY, Plaintiff Date: 11/12/2024 Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3 Page 4 of 7 STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, 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 12th day of November 2024. N&P1n and for the State of Texas A. .mm.__ + n�• %M LOBES _* My Notary ID 0 = ` a; :•j�^ E>q>>res Meroh 27, 2027 !-1tj . numinn ■i.— . . 11-IIu -1.. 1,1, n .ie,nn s,.ii Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3 Page 5 of 7 APPROVED AS TO FORM: rAtto y fo laintiff Jess a R. Lobes Texa State Bar No. 24083405 Rathbone Group LLC 5930 Royal Lane, Ste E#515 Dallas, Texas 75230 Telephone: (800) 809-5521 Facsimile: (216) 298-4495 ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: - -) L., Assistant City Mana er CITY OF FORT W RTH APPROVED AS TO FORM: Attorney for Defendant, City of Fort Worth Destiney-Ariel Hicks Assistant City Attorney ATTEST: Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3 Page 6 of 7 Date: 1 1 i1 2/2024 Date: 1 d?o2 li Date: 11 /13/2024 FoMcIAL RECORD, CITYSECRETARY FT, WORTH, TX hate: I I l Z-0 / 2-0a -a�tnette S. Goodall, City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Progressive v. CFW Cause No. 2024-003797-3 Page 7 of 7