HomeMy WebLinkAboutContract 45650 CITY SECRITAW
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CONTRACT N0. " -.�.� Z,
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
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HARMIT CHATTHA §
VS. § CIVIL ACTION NO. 4:13-CV-055-Y
CITY OF FORT WORTH §
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COMPROMISE SETTLEMENT AND
RELEASE AGREEMENT }
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I. Parties
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The Parties to this Compromise Settlement Agreement are:
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1.01 Harmit Chattha
1.02 City of Fort Worth
IL Definitions .
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2.01 "Plaintiffs" means Harmit Chattha
2.02 "City" means Defendant City of Fort Worth, its principals, directors, officers,
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employees, partners, subsidiaries, divisions, attorneys, agents, representatives,
successors, and assign
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2.03 "Defendants" are the City
2.04 "Litigation" means Cause Number 4:13-CV-055-Y, styled Harmit Chattha v.
City of Fort Worth
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2.05 "Settlement Agreement" mans this Compromise Settlement Agreement
COMPROMISE SETTLEMENT
AND RELEASE AGREEMENT P" 1
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including all attached exhibits, if any.
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2.06 "Judgment" means the Final Judgment dismissing all claims with prejudice to
refilling as to the Defendant.
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III. Statement of Facts
The parties stipulate and agree to the following facts:
3.01 Plaintiff and Defendant are parties to this Litigation.
3.02 Plaintiff and Defendant desire to settle this Litigation.
3.03 Bona fide disputes and controversies exist between the Plaintiff and Defendant,
both as to the fact and extent of liability, if any, and as to the fact and extend 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 other.
3.04 The parties intend that the full terms and conditions of the Compromise and
Settlement offer be set forth in this Settlement Agreement,
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 acknowledge, the parties agree as follows:
IV. Representations and Warranties
4.01 Each party to this Settlement Agreement warrants and represents he or she or it
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AND RELEASE AGREEMENT Page 2
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has the power and authority enter into this Settlement Agreement and that this
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Settlement Agreement and all documents delivered pursuant to this Settlement
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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 warrant and represents that he 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 Defendants and/or released in this Settlement Agreement
have been assigned or transferred to any other person or entity,
V. Settlement of Terms
In reliance upon the representation, warranties and covenants in this Settlement
Agreement, and concurrently with the execution and delivery of this Settlement Agreement,
the parties have settled and compromised their claims and causes of action against each
other as follows:
5.01. Plaintiff releases the City of Fort Worth from any and all claims raised,
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 circumstance leading up to and including the Litigation
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AND RELEASE AGREEMENT Page 3
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and arising out of or in any way connected with the injuries and/or damages,
if any sustained by Plaintiff.
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5.02. Defendant City shall pay to Plaintiff $8,000.00, in settlement of all claims
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against the City of Fort Worth,
5.03. Plaintiff Harmit Chattha releases and forever discharges Defendant City
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from any and all claims, demands and causes of action of whatever kind or
character which the Plaintiff have, 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, whether or not
growing out of or connected in any way with, the matters alleged in the
Litigation.
5.04. This release includes, but is not limited to: (a) any claim against the City of
Fort Worth growing out of or connected in any way with the matters set
forth and alleged in the Petition filed in Litigation or which could be alleged
in the Litigation by amendment or supplement; (b) any claims against the
City based in whole or in part on the activities of Defendant that may have
been alleged to create any right or action for recovery of damages or
injunction, under any federal or state statutes or administrative rule or other
judicial decisions or the common law of the Untied States or any state or
subdivision of the United States or any foreign country or subdivision of
any foreign country; (c) any claims against the City based in whole or in
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apart on the activities of defendant that may have been alleged to create or
contribute to any other right, claim or cause of action of any Plaintiff
against any Defendant; and (d) claims against the City for punitive or
exemplary damages, attorney's fees or penalties.
5,05. 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, in this
Litigation. To the extent any claims or causes of action against Defendant
City of Fort Worth have not been released by this Settlement Agreement,
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Plaintiff hereby assign those claims or causes of action to Defendant City.
Indemnity
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5,06. Plaintiff agrees to defend, indemnify and hold harmless the Defendant City
from and against any claims, demands, hospital liens as a result of, arising
out of, or in anyway growing out of the incident of February 10, 2010,
regardless of whether they result from the actual or alleged negligence or
other misconduct of the Defendant, or its principals, directors, officers,
employees, partners, subsidiaries, divisions, attorneys, agents,
representatives, successors, and assigns.
Choice of Law
5.07. This Settlement Agreement shall be governed and construed in accordance
with laws of the State of Texas.
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Miscellaneous
5.08. The parties agree that this Settlement Agreement is entered into for
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settlement purposes only in order to avoid further litigation and expense,
and it is further agreed that the parties do not admit liability or darnages to
each other or anyone else, as the result of the events that form the basis of
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the litigation but expressly deny any and all such liability.
5.09. This Settlement Agreement has been prepared by the joint efforts of the
respective attorneys for each of the parties.
5.10. If any provision of the Settlement Agreement is or maybe 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 j
without being impaired or invalidated in any way.
5.11. None of the parties to this Settlement Agreement have expressed any facts,
representations, expressed or implied warranties, 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
and supersedes all prior written or oral agreements, and the terms are
contractual and not mere recitals.
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Apr 28 14 W54a FIVE STAR AUTON-EX 074510346 p,2
U.4. TFTF. PARTIES EXI%ESSLY WARRANT TFIAT THEY 14AVF
CARE17ULLY READ THIS ST` 71EMENT A(3REEMJ--Xr AND ALL
EXI-11111TS ATTACITU) TO THE SEA.ITLEMENr AGRUMENT"
UNDERSI'AND [TS C'ONT13NTS, AND SIGN 1111S SETTLEMIm'
AGREEMENT ASTI-t!'AR OWN FREE ACT,
Date
AI PROV A A F TAM"AND CONUNT
K�S`Rrr t121 S"oni
"Texas State Bar Nb, 10354100
Attomey for Plaintiff
Bv:
C des Daniels
Assistant City Manager,City of Fort Worth
APPROVED AS TO FORM AND CONTENT.
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Laq itia Colemn r
Texas State Bar No., 00792417 F
Attorney for Defendwit City, of'Fort Worlb
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OFFICIAL RECORD 0011-00
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ciTY SECRETARY 7Y
T.W010 141 TX J. Kay pp i &#Ary
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Apr 28 14 09:54a FIVE STAR AUTO PLEX 8174510346 p.1
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE NE-, the undersignied, a notary Public in and for the State of Texas, on this
day personally appeared Harmit Chattha, known to me to be the person who executed the
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foregoing instrument, who acknowledged to me that hL executed the same for the purposes
and consideration therein expressed; that he executed the same as his free and voluntarily act
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and deed after having lidly read it; and after realizing the effect thereof to be a full and final �
release of Defendant City of Fort Worth, for any matter or thing dealt with in the foregoing
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instrument; that the same was executed by him without any threat, force, fraud, duress, or
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representation of any kind by any.person whomsoever, and that the said Harnlit Chattha, at
the time of execution of the release, was completely sober, sane and capable of
understanding the character of his acts and deeds, and was in complete charge of all of his
faculties and capable of executing this instrument and of understanding the significanc=e of
lus acts.
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GI.VI:N UNDER MY HAND AND .SEAL OF OFFICE, this day of
2014.
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FLATOYA R GREEN
MDecember 17,2014 s otaiy Public in a�r i for- J,¢'!-i-
+ ekat' The State of Ieaas
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