Loading...
HomeMy WebLinkAbout1997-194ORDINANCE NO qq-1911 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF SARA SANGSTER IN AN AMOUNT NOT EXCEEDING $150,000, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE APPROVED AS TO FORM BY THE CITY ATTORNEY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the claim for damages of Sara Sangster was submitted against the City of Denton, Texas, and WHEREAS, the City Council of the City of Denton, Texas believes that it is in the best interest of the City to compromise the claim in an amount not exceeding $150,000 to avoid the uncertainty of trial, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the proposed settlement of the claim of Sara Sangster in an amount not to exceed $150,000 is hereby ratified and approved, subject to final execution of a release of all claims by adverse parties, in a form approved by the City Attorney SECTION II That the City Manager is hereby authorized to act on the City's behalf in paying the settlement obligations authorized herem SECTION III That this ordinance shall become effective immediately upon its passage and approval . PASSED AND APPROVED this the � day of , 1997 J ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Page 1 of 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS That it is agreed by and between CLAIMANT, Sara Sangster and the RELEASED PARTY identified as the City of Denton, Texas, and its past, present, and future officers, elected officials, employees, agents, and attorneys (all in both their official and individual capacities), and their respective insurers, and those in privity with any of them, as follows 1 The RELEASED PARTY will pay to CLAIMANT the total aggregate sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000), the receipt and sufficiency of which is hereby acknowledged 2 For and in consideration of said payment, CLAIMANT, Sara Sangster, hereby fully releases, discharges, and acquits the RELEASED PARTY, from, and agree that the sum so paid shall be in full and final satisfaction and compromise of all actions, causes of action, claims (including subrogation claims, claims for contribution or indemnity as to money paid in connection with this settlement, claims under the survival of actions statute [Tex Civ Prac & Rem Code §71 021, etc ], and claims under the wrongful death statutes [Tex Civ Prac & Rem Code §71 001, etc 1), and demands, on account of or in any way growing out of any and all negligence, intentional misconduct, violation of Constitutional or statutory rights, conspiracies, breach of any duty of good faith and fair dealing, death, personal injuries, damage to reputation, pain and suffering, grief, bereavement, loss of consortium, loss of compamonship, damage to familial relationship, mental anguish, psychic injury, loss of earning capacity, loss of household services, loss of wages, loss of profits, loss of money, damage to property, taking of property, attorney's fees, pre- and post - judgment interest, and all other causes of action and damages whether known or unknown and whether heretofore asserted or not, owned or possessed by said CLAIMANT against said COMPROMIS9 SETTLEMBNT AND RELEASE OF ALL CLAIMS PAGE I RELEASED PARTY growing out of or in any way connected with the drowning of Michael Sangster on or about November 24, 1996, all as more fully described in the letters from Timothy Robinson to Herb Prouty dated January 9, 1997 and February 18, 1997, to which reference is made for more complete description, any events or litigation connected with or growing out of said incident or this settlement, or any event which occurred prior to the date of this settlement CLAIMANT does hereby agree to indemnify and save harmless the said RELEASED PARTY of and from all further claims, demands, costs, or expenses arising out of any injuries and damages sustained by Sara Sangster or by any of her respective natural or adoptive family members or relatives, as a result of said drowning, any of the events connected with, or growing out of, said incident or this settlement, or any event which occurred prior to the date of this settlement Tlus indemnity only relates to the claim asserted by Sara Sangster and in no way involves or relates to the claim being asserted by the legal representatives and heirs of Michelle Jimeno 3 CLAIMANT understands and agrees that the amount paid under this agreement is in full satisfaction of all injuries and damages ansmg on account of the above described events and that she will receive no further sums of money therefrom CLAIMANT agrees to not assert or prosecute any further claims or lawsuits therefore against anyone whomsoever, whether or not herem or otherwise named, described or identified 4 Further, CLAIMANT expressly warrants that there are no outstanding unpaid hospital liens, medical insurance subrogation claims, or property damage subrogation claims and it is expressly understood and agreed that CLAIMANT has already paid or will pay out of the aforementioned sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND N01100 DOLLARS ($150,000) all property damages and medical, doctors' and hospital charges received in the past or to be incurred in the future and that CLAIMANT will defend, indemnify, and hold harmless the said RELEASED PARTY, of and from the payment of such subrogation claims and hospital liens COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 2 (especially with reference to any liens under the Texas Hospital Lien Law) 5 CLAIMANT expressly warrants that no member of her family has suffered any psychic injury, mental anguish and/or damage to the familial relationship as a result of the events in question or as a result of CLAIMANT's alleged damages and injuries CLAIMANT agrees to defend, hold harmless and indemnify the RELEASED PARTY from the payment, and for the defense, including, expenses, and reasonable attorney's fees, of any and all such claims for psychic injury, mental anguish and/or damage to the familial relationship Tlus paragraph is limited to Sara Sangster's nnmediate family 6 CLAIMANT hereby represents and warrants to the RELEASED PARTY that no promises, representations or agreements not set out herein have been made to her, that this Compromise Settlement & Release of All Claims is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefor, that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim, which is incapable of being exactly determined, and for which liability is expressly denied, and that this Compromise Settlement & Release of All Claims is made of her own free will and accord after consulting with and acting upon the advice of her attorneys 7 The parties agree that neither CLAIMANT nor the RELEASED PARTY shall release, publish, or otherwise make known to third parties the terms of this Agreement, unless required by the Texas Public Information Act or a court of competent jurisdiction 8 The undersigned Sara Sangster in further consideration of the payment herein made to her, states that she is the sole surviving heir of Michael Sangster, that no probate or other legal proceeding is pending as to the estate of Michael Sangster, and that none will be forthcoming 9 Although originally drafted by attorneys for the RELEASED PARTY, this Compromise COMPROMISE OZTTLEMHRELEASE OF ALL CLAIMS PACE 3 Settlement & Release of All Claims is a contract which is the product of negotiations between the parties and attorneys for the parties and which shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against either party This document contains the entire agreement of the parties hereto THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE CONTRACTUAL AND NOT �/MERE RECITALS WITNESS OUR HANDS this _Ib " day of , 1992 'Sara Sangster APPROVED Attorney for CLAIMANT THE STATE OF TEXAS COUNTY OF DENTON z , This instrument was acknowledged before me on the "DVy day of f �� , 199, by Sara Sangster � Notary Public -State of Texas ' My Commission Expires I-'�'I�IIqg * q RHONDA STAN C tf jl° NOTARY PUBLIC State of Texas Comm ExP 122198 COMPROMISE SETTLEMHNT AND RELEASE OF ALL CLAIMS PAGE 4