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Home My WebLink About064656 - Settlements - Contract - Gloria Dora Sylva, Individually and Representative of the IBE Estate of Brandon ZapataCSC No. 64656 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION GLORIA DORA SYLVA, § INDIVIDUALLY AND § REPRESENTATIVE OF IBE ESTATE § OF BRANDON ZAPATA, § § Plaintiffs, § § v. § § TOWN CENTER MALL, L.P., BOXER § PROPERTY FINANCE, L.P., GRUPO § ZOCALO, L.P., GRUPO ZOCALO § MANAGEMENT, LLC, § TOWNCENTER PROPERTY, LLC, § ERICA BARERRA, ROBERT § MORRIS, AND CITY OF FORT § WORTH; § § Defendants. CIVIL ACTION NO.: 4:25-cv-00404-O COMPROMISE SETTLEMENT AND RELEASE AGREE:MENT 1. Parties The parties to this Compromise Settlement and Release Agreement are: 1.01 Gloria Dora Sylva; and 1.02 the City of Port Worth 2.Definitions 2.01 "Plaintiff" means Gloria Dora Sylva, Individually and As Representative of the Estate of Brandon Zapata. 2.02 "City" or "Defendant City" means Defendant City of Fort Worth, its principals, directors, officers, employees, partners, subsidiaries, divisions, COMPROMISE SETTLEMENT AND RELEASE AGREEMENT -Sylva OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PAGEl OFlO attorneys, agents, representatives, successors, and assigns. 2.03 "Releasor" means Gloria Dora Sylva, Individually and As Representative of the Estate of Brandon Zapata. 2.04 "Released Parties" means the Defendant City of Fort Worth and its respective administrators, attorneys, insurers, officers, employees, agents, representa.tives, predecessors, affiliates, successors, and assigns, and all other persons, fiYms, and corporations to whom and for whose conduct the City may be liable for the incident that is the basis of this litigation. 2.05 "Litigation" or "Lawsuit" means Civil Action Number 4:25-cv-00404-0, styled Gloria Dora Sylva, Individually and representative o, f' the Estate vf Brnadon Zapata v. Town Center Mall, L.P., et al, pending in the United States District Court for the Northern District of Texas, Fort Worth Division. 2.06 "Settlement AgreemenY' means this Compromise Settlement and Release Agreement, including all attached e�ibits, if any. 2.07 "Released Claims" shall mean any and all claims, demands, and causes of action against Released Parties, of whatsoever nature, whether known or unknown, which have accrued or which may ever accrue to Releasor or Releasor's respective heirs, administrators, agents, successors, or assigns, including, but not limited to, any and all claims for past, present, and/or future pecuniary loss, loss of companionship and society, persanal injury, death, mental anguish, pain and suffering, medical expenses, funeral and burial expenses, exemplary damages, loss of income, lost earning capacity, loss of COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 2 OF 10 support, properiy damage, and a11 ather losses, damages, or remedies of any kind, including, without limitation, actual, exemplary, and puuitive damages, whether in contract or in tort, or arising under or by virtue of the common law, statute, constitution, regulation, or by any other means, and that are now recognized by law or that may be created in the future by any manner, and which claims, demands, or causes of action arise from, or are on account of or in any way relate, directly or indirectly, to the incident that is the basis of this Lawsuit or that are or could have been made the subject of the Lawsuit. 3. Statement of Facts The parties stipulate and agree to the following facts: 3.01 Plaintiff and Defendan.t City are parties to this Litigation. 3.02 Plaintiff and Defendant City desire to settle this Litigation. 3.03 Bona fide disputes and controversies exist between Plaintiff and Defendant City, both as to the fact and extent of liability, if any, and as to the fact and extent of damages, if any, and by reason of such disputes and controversies, the parties to this Settlement Agreement desire to settle all claims and causes of action of any kind whatsoever which the parties have or may have against each ather, and which in any way relate, directly ar indirectly, ta the incident that is the basis of this Lawsuit or that are or could have been made the subject of the Lawsuit. 3.04 The parties intend that the full terms and conditions of the Compromise and 5ettlement offer be set forth in this Settlement Agreement. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 3 OF 10 3.05 In consideration of the agreements contained in this Settlement Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 4. Representations and Warranties 4.01 Each party to this Settlement Agreement warrants and represents that he or she or it has the power and authority to enter into this Settlement Agreement and that this Settlement Agreement and all documents delivered pursuant to this Settlement Agreement, to which he or she or it is a party, are valid, binding, and enforceable upon him or her or it. 4.02 Each party to this Settlement Agreement warrants and represents that no consent, approval, authorization or order of, and no notice to, or filing with, any court, governmental authority, person, or entity is required for the execution, delivery, and performance of this Settlement Agreement. 4.03 Plaintiff warrants and represents that she owns the claim or claims asserted and/or released in this Settlement Agreement and that no part of this claim or claims asserted against the Released Parties and/or released in this Settlement Agreement have been assigned or transferred to any other person or entity. 5. Settlement Terms In reliance upon the representation, warranties, and covenants in this Settlement Agreement, and concurrently with the execution and delivery of this Settlement COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 4 OF 10 Agxeement, the parties have settled and compromised their claims and causes of action against each other as follows: 5.01. Settlement Funds. Defendant City shall pay to the Plaintiff the sum of Fifty Thousand Dollars ($50,000.00) in full and final settlement of all claims against the City of Fort Worth as alleged in Civil Action No. 4:25-cv-00404- O("Settlement Funds"). All Plaintiff-incurred costs of court, expert fees, administrator fees, ad litem fees, attorneys' fees, and all other expenses incurred by Plainriff, unless otherwise expressly noted below, shall be paid by Plaintiff out of the Settlement Funds. The payment of the Settlement Funds is not to be construed as an admission of liability by any of the Released Parties. 5.02. Tazes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff and her attorney, Nate Washington, The Washington Firm, P.C., acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or her counsel regarding the tax consequences of the payments made to her or to her attorney under this Agreement; and (2) Plaintiff and her attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and her 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. 5.03. Release of All Claims and Disvutes and Covenant Not to Sue. COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 5 OF 10 5.03.1. Plaintiff releases the City of Fort Worth from any and all claims, whether in contract or in tort, including intentional torts, claims for negligence, gross negligence, wrongful death and/or survival claims arising from the facts and circumstances leading up to and including the Litigation and arising out of, or in any way connected with the injuries and/or damages, if any, sustained by Plaintiff. 5.03.2. Plaintiff releases and forever discharges Defendant City from any and all claims, demands, and causes of action of whatever kind ar character which the Plaintiff has, or may have in the future, whether known or unknown, based on any events that have occurred prior to the date this Settlement Agreement is signed by all settling parties, growing out of or connected in any way with the matters alleged in the Litigation. 5.03.3. This release specifically includes any claim against the Released Parties growing out of or connected in any way with the matters set forth and alleged in the complaint filed in the Litigation, or which could be alleged in the Litigation by amendment or supplement. 5.04. This release is intended to constitute a release by Plaintiff of Defendant City of Fort Worth for all claims of any kind, known or unknown, which were or could have been made in this Litigation. To the extent any such claims or causes of action against Defendant City of Fort Worth have not been released by this Settlement Agreement, Plaintiff hereby assigns those COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 6 OF 10 claims or causes of action to Defendant City. 5.05. Dismissal. Plaintiff agrees to file a stipulation of dismissal in the above- entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney to do so with respect to Plaintiff's claims and causes of action in the above-entitled and numbered case against the Ciry, in this connection, Plaintiff agrees ta and does hereby instruct her attorneys to expeditiously provide any information the Court may require, and/or to attend any hearings the Caurt may require, in connection with the dismissal of said lawsuit. 5.06. Future Coo�aeration. All parties agree to cooperate fully and execute any and all supplementary documents and take all additional actions that may be necessary or appropriate to give full force and effect to the tenns and intent of this Settlement Agreement. 5.07. INDEMNITY. Plaintiff agrees to defend, indemnify, and hold harmless the Released Parties from and against any claims, demands, and hospital liens, incurred by her, ox on behalf of Brandon Zapata., such claims, demands, and/or hospital liens arising out of any medical and/or mental health treatment Plaintiff or Brandon Zapata received, as a result of, arising out of, or in any way growing out of the incident on April 11, 2023, regardless of whether they result from the actual or alleged negligence or any other type of misconduct of the Released Parties, or their principals, directors, officers, employees, partners, subsidiaries, divisions, attorneys, COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 7 OF 10 agents, representatives, successors, and assigns. 5.08. Choice of Law. This Settlement Agreement shall be governed and construed in accordance with laws of the State of Texas. 5.09. The parties agree that this Settlement Agreement is entered into for settlement purposes only, in order to avoid further litigation and expense, and it is further agreed that the parties do not admit liability or damages to each other or anyone else as a result of the events that form the basis of the Litigation but expressly deny any and all such liability. 5.10. If any provision of the Settlement Agreement is or may be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 5.11. None of the parties to this Settlement Agreement have expressed any facts, representations, and/or expressed or implied warranties, as an inducement to enter this Settlement Agreement, except as expressly contained in this Settlement Agreement. 5.12. This Settlement Agreement shall continue perpetually and shall be binding upon the parties and their heirs, successors, and assigns, and shall inure to the benefit of the parties and their heirs, successors, and assigns. 5.13. This Settlement Agreement represents the entire agreement of the parties regarding matters addressed herein, supersedes all such prior written or oral agreements, and the terms herein are contractual and not mere COMPR�MISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 8 OF 10 recitals. 5.14. Plaintiff assumes the risk of mistake of fact or law with regard to any aspect of this Settlement Agreement and to the dispute described herein, or any asserted rights released by this Agreement. 5_ 15. THE PAR.TIES EXPRES SLY WARR.ANT THAT THEY HAVE CAREFULLY READ THIS SETTLEMENT AGREEMENT AND ALL EXHIBITS ATTACHED TO THE SETTLEMENT AGREEMENT, IF ANY, AND UNDEI�STAND ITS CONTENTS AND SIGN THIS SETTLEMENT AGREEMENT AS TT�IR OWN FREE ACT. �� ' �� t��Q�.� G RIA DORA SYLV , Date: j '_ �� tp STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared GLORIA DORA SYLVA, known to me to be the person whose name is subscribed to the foregoing instrument, and aclaiowledged to me that she executed the same as her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of,.� ai1V �r � 2026. r ��YP ��/� GENESIS ALEXIA TORRES ' � a'�?`••, : ::;��s Nobry Public, State oi Texaa - — :��,, `�= com�►. Exptres oe-12-2024 Notary Public in and for the State of Texas ��'��,°;,,'`.�� Notery Ia 133906b04 COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva FAGE 9 OF 10 Signature: y ��;5�`� �_�� Email: allison.tidwell@fortworthtexas.gov APPROVED: �� , . Attorney for Plaintiff Nate Washington The Washington Firm, P.C. 1000 Macon St., Ste. 300 Fort Worth, TX 76102 Phone 817-339-1406 Fa�c 817-339-1407 niw�}thewfirm.com CITY OF FORT WORTH: APPROVED: �� Assistant City Manager CITY OF FORT WORTH APPROVED: �� Attorney for Defendant, City of Fart Worth Emily P. Hollenbeck Sr. Assistant City Attorney ATTEST: 4 o4q� p O� FORT�aAd a'�° �9�0 G �g -10 4 � PVo o=d ��,��R, �J Pp�y000 oo�c� ��4b nEXASo.'da Jannette S. Goodall, City Secretary Date: Date: L — � —Zs� O1/12/2026 Date: O1/12/2026 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COMPROMISE SETTLEMENT AND RELEASE AGREEMENT - Sylva PAGE 10 OF 10 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: COMPROMISE SETTLEMENT AND RELEASE AGREEMENT SUU�eCt Of tlle AgPeeTllellt: CNIL ACTION N0. 425-CV-00404-0, GLORIA DORA SYLVA V. TOWN CENTER MALL, LP, ET AL M&C Approved by the Council? * Yes ❑ No 0 If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes 0 No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 01.08.2026 Expiration Date: N/A If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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