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Home My WebLink About1988 SETTLEMENT & COMPRIMISE RELEASE V w f D OFFICE OF THE CITY ATTORNEY MEMORANDUM T0: Jennifer Walters, City Secretary , i FROM: Debra A. Drayovitch, City Attorney SUBJECT: Release--Denton Electric Shop, Inc. ' I ~ DATE: July 26, 1988 Attached is a release in full settlement of. all claims against the s City of Denton filed by Denton' Electric Shbp,-2nc. and Dickerson Construction Company as a result of an incident that occurred at the Singing Oaks Apartments on December 12, 1986. Should you have any questions, please advise. I DAD:,js Attachment r 1 ~ ! f i . fl 1 I~ ~ 1 A 2419L i RELEASE IN FULL OF ALL CLAIMS FOR AND IN CONSIDERATION of the payment to Denton Electric Shop, Inc. the sum of Five Thousand Five Hundred Two Dollars and Forty Cents ($5,502.40), the receipt of which is hereby acknow- ledged, I, being of lawful age, do hereby release, acquit and forever discharge, on behalf of Denton Electric Shop, Inc., the City of Denton, any agent, servant or employee thereof and any other persons, including Dickerson Construction Company, firms or corporations of and from any and all actions, causes of action, claims, demands, costs, loss of service, expenses and compensa- tion, on account of, or in any way growing out of, any and all known and unknown personal injuries and property damage resulting or to result from an incident that occurred at the Singing Oaks Apartments on or about the 12th day of December, 1986, in Denton, Texas. I do hereby declare and represent that in making this release it is understood and agreed that I rely wholly upon my judgment, belief and knowledge of the nature, extent and duration of said E damages as well as the liability questions involved, and that I have not been influenced to any extent whatsoever in making this release by any representations or statements regarding said ! injuries, or liability, or any other matters, made by the persons, firms or corporations hereby released, or by any persons repre- senting, or acting for him or them. It is further understood and agreed that this settlement is j in FULL SATISFACTION OF ALL DAMAGES of a doubtful and disputed j, claim, and that the payment of said sum is not to be construed as f{ an admission of liability on the part of the above party/parties released and discharged by whom liability is expressly denied. l The undersigned understands and agrees that this is in full r satisfaction for all damages arising on account of the above described incident and will receive no further sums of money and that the undersigned agrees to not assert or prosecute any further i claims or lawsuits therefor against anyone whomsoever, whether or not herein otherwise named, described or identified. Any and all claims against parties not specifically released herein, if any, ` are hereby assigned in full to the parties hereby released, 11 This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital. I further state that I have carefully read the foregoing release and know the contents thereof, and I am signing the same as my own free act. i 'j PAGE 1 1 I j . i I I ' ~ 1 1 WITNESS my hams and seal this the day of July, 1988. F i I DENTON ELECTRIC SHOP, INC. i BY: HRNEl'yST SZ' ~DP ON, PRE /1 SIDENT CITY OF DENTON$ TEXAS ~j i ` APPROVED AS TO FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ` THE STATE OF TEXAS COUI'TY OF DENTON 4 On this _a"day of July, 1988, before me, the undersigned ! Notary Public, personally appeared Ernest F. Simpson, President of Denton Electric Shop, Inc., personally known to me to be the person ment and de3cribed herein, acknowledged that a he voluntarily executed foregoing the same. instru- WITNESS my hand and official seal. I Y UBL Co ST TE F T I p My Coumission expires: ~'~~'O f f i PAGE 2 ` 1 is - I, 5 D OFFICE OF THE CITY ATTORNEY MEMORANDUM ? i i TO: Jennifer Walters, City Secretary FROM: Diane Callander, Assistant City Attorney SUBJECT: Compromise and Settlement Release between the City of Denton and Roya Soleimani II DATE: July 150 1987 h ~ original Attached is the Compromise- t Y Roy between the City of Denton and the Rycity. Should you a Sole mans.-t leasehafileBIn~ the official records of questions, please advise. E ~ 1 DIANE CALt"DER DC:js I Attachment l4 , I ! r I i I ,4 1862L THE STATE OF TEXAS S COMPROMISE AND SETTLEMENT AGREEMENT BETWEEN ROYA SOLEIMANI COUNTY OF DENTON S AND THE CITY OF DENTON, TEXAS THIS AGREEMENT is by and between the City of Denton, Texas, a 1 municipal corporation, located in Denton County, Texas, hereinafter ffl referred to as "City" and Roya Soleimani, a feme sole being at least eighteen years of age and residing in Little Elm, Denton County, Texas, hereinafter referred to as "claimant"; WHEREAS, claimant incurred property damages on or about March ` 12, 1987, to a motor vehicle, more particularly described as a blue 1981 GLC Mazda, and such vehicle was owned wholly by claimant 1 on the date such damages were incurred; and WHEREAS, the damages alleged by claimant were a result of claimant allegedly striking a traffic standard base that was under the control of City; and WHEREAS, claimant has duly and timely filed a claim with City s through its authorized representatives to recover for those property damages as described above; and ` WHEREAS, the parties to this agreement contend that there exist bona fide disputes and controversies between them as to liabilit; and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of any kind whatsoever which claimant has or may have in the future arising out of such occurrence and intend that the terms and conditions of the j compromise and settlement be set forth in this Agreement; i NOW, THEREFORE, in consideration of the mutual agreements set forth herein, including the recital set forth hereinabove, the parties agree as follows: For and in consideration of One Thousand Five Hundred Dollars and No Cents ($1,500.00), paid in hand to claimant the receipt and i E sufficiency is hereby acknowledged, claimant has this day released and by these presents does release, acquit and forever discharge the City of Denton, its representatives, agents, and employees from y any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, which claimant has or might have, known or unknown, now existing or that might arise here- after, directly or indirectly attributable to the above described occurrence. In further consideration of the receipt of funds as described above, the claimant does hereby agree to indemnify and hold harm- 3 less the City of Denton, its agents, representatives and assigns from and against any and all claims, demands or causes of action, Including claims of contribution or indemnity, and the reasonable " and necessary costs, including attorney's fees, incurred in defense of any such claim which the State of Texas, its agents, representa- tives, insurer, successors or assigns and Zachry Construction Coa- 1 pany, its agents, representatives, insurer, successors, or assigns may have against City from the damages sustained by claimant on or about March 12, 1987, as above described. r This Compromise and Settlement Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors, and assigns. It is understood and agreed by the parties that this Comprnaise and Settlement Agreement constitutes the entire agreement between the parties and supersedes any and all prior arrangements, agree- ments or understandings between the parties relating to the subject s i S r ■ 5 it E matter. The parties agree that no oral statement, promises or understandings exist contrary to the terms of this Settlement Agreement. } This Compromise and Settlement Agreement arises out of a doubtful and disputed claim, and that all contents of this agreement shall not be construed as an admission of liability, by or on behalf of City, all such liability being expressly denied. t This Agreement shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas and irc the event of a dispute, venue for any and all causes of E I action, whether at law or equity, shall be instituted and main- ; I tained in Denton, Denton County, Texas. ROYA SOLEIMANI CITY OF DFNTON, TEXAS BY: w - DATE : 07, o z . l 9Fg- DATE: APPROVED AS TO FORM: BO VEIGEL HANCE P. DRAWER B MCKINNEY, TEXAS 75069 ATTORNEY FOR ROYA SOLEIMANI I DIANE R 215 EAST MCKINNEY DENTON, TEXAS ATTORNEY FOR CITY OF DENTON THE STATE OF TEXAS 5 COUNTY OF DENTON I } On this 7 day of July , 1987, before ■e, the undersigned Notary Public, personally appeared Roya Soleimani, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. WITNESS my hand and official seal. E i Gail Kirby a NOTARY PUBLIC, TAM TFX My conmission will expire 09/02/1986. PAGE 2 r -T, RV -0pl-wowww- THE STATE OF TEXAS S COUNTY OF DENTON S On this 6-1M day of I undersigned Notary Public, 1987, before ae, the personally known to me to be the aperson pwhoe executed Vthe awithin Instrument as City Manager of the City of De of the Municipal Corporation therein named and nacknowled ed beohame that the corporation executed it. - e I WITNESS my hand and official seal i 1 MOrl~w0~ PUB , xA E t'. j i r r j 1 i ~ k } i ;F PAGE 3 t i t { W iI f I OFFICE OF THE CITY ATTORNEY ' MEMORANDUM R , T0: Jennifer Walters, City Secretary FROM: Debra A. Drayovitch, City Attorney SUBJECT: Arthur Robertson and Ernest Perez Releases DATE: July 13, 1988 J i Attached are the original releases executed by Arthur Robertson I and Ernest Perez relative to a claim against the City of Denton. I would appreciate your filing in the official records of the j City. Should you have any questions, please call. Thanks! c i r ` DEBRA DRAYOVITCH s DAD : j s Attachments 29801 f E t f f 1y ' j 1 1 1 Z !I A ~r 2395L itt I c i THE STATE OF TEXAS S _ RELEASE AND SETTLEMENT COUNTY OF DENTON 3 IN FULL OF ALL CLAIMS k it is hereby agreed by and between ERNEST PEREZ and the CITY OF DENTON as follows; I. FOR AND IN CONSIDERATION of the payment to'ERNEST PEREZ the sum of Eight Thousand Dollars ($8,000.00)1 the receipt of which is hereby acknowledged, ERNEST PEREZ, being of lawful age, does i hereby release, acquit and forever discharge the CITY OF DENTON, { its agents, officers, and employees, including but not limited to f officer Craig Fitzgerald and any other persons, firms or corpora- tions of and from any and all actions, causes of action, claims, demands, costs, loss of service, expenses and compensation, on account of, or in any way growing out of, any and all known and unknown personal injuries, violation of statutory or constitu- tional rights, damage to reputation and property damage resulting from or growing out of certain events which occurred on or about j the 26th day of December, 1987, in the City of Denton, Texas, : =c which resulted in the arrest and detention of PEREZ. ERNEST PEREZ represents to the CITY OF DENTON that in making # this release it is understood and agreed that he relies wholly upon his judgment, belief and knowledge of the nature, extent and l duration of said injuries as well as the liability questions Jj involved, and that he has not beets influenced to any extent what- r soever in making this release by any representations or statements regarding said injuries, or liability, or any other matters, made by the persons, firms or corporations hereby released, or by any person(s) representing, or acting for him or them. III. j it is further understood and agreed that this settlement is in FULL SATISFACTION OF ALL DAMAGES of a doubtful and disputed claim, and that the payment of said sum is not to be construed as an admission of liability on the part of the above party/parties released and discharged by whom liability is expressly denied. { r i i i i r J ~ i f ERNEST PEREZ understands and agrees that this is in full satisfaction for all damages arising on account of the above described incident and that he will receive no further sums of money and that he hereby agrees to not assert or prosecute any further claims or lawsuits therefor against anyone whomsoever, whether or not herein otherwise named, described or identified. Any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released. ! This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital. FATNESS my hand and seal this the day of June, 1988, i ZOO ERNEST PEREZ APPROVED AS TO FORM: ~ i 01, ILLIA RANTHAM ATTORNEY FOR ERNEST PEREZ CITY OF LENTON, TEXAS LOY V. HARRELL. C TY MANAGER APPROVED AS TO FORM: DEBRA A, DRAYOVITCH CITY ATTORNEY 1 t' PAGE 2 r I. • i~ f. . ' R E 3 i i THE STATE OF TEXAS S COUNTY OF Dzwrog-S j q 1(BJ On this dr~ day of June, 1988, before me, the undersigned Notaiy Public, personally appeared Ernest Perez, personally known to me to be the person described herein, and who executed the 1 foreg-iing instrument and acknowledged that he voluntarily executed the same. WITJEi;S my hand and official seal. 1 N ARY PUBLIC, STATE OF TEXAS 1 E my Commission expires: . "f E E 1 ' 1 PAGE 3 F i f l ~ S 1 c s t ~r v r1 WNW I 2395L s ~i THE STATE OF TEXAS S RELEASE AND SETTLEMENT COUNTY OF DENTON S IN FULL OF ALL CLAIMS It is hereby agreed by and between ARTHUR ROBERTSON and the CITY OF DENTON as follows: I. FOR AND IN CONSIDERATION of the payment to ARTHUR ROBERTSON' the sum of Three Thousand Dollars ($3,000.00), the receipt of which is hereby acknowledged, ARTHUR ROBERTSON, being of lawful j age, does hereby release, acquit and forever discharge the CITY E OF DENTON, its agents, officers, and employees, including but not j limited to Officer Craig Fitzgerald and any other persons, firms or corporations of and from any and all actions, causes of action, claims, demands, costs, loss of service, expenses and , compensation, on account of, or in any way growing out of, any I and all known and unknown personal injuries, violation of statutory or constitutional rights, damage to reputation and ting from or rowng out of whichroccurredeon orlabout the 26thgdayiof DecemberCe1987~, tnethe evnts City of Denton, Texas, which resulted in the arrest and detention of ROBERTSON. i II. i i ARTHUR ROBERTSON represents to the CITY OF DENTON that in making this release it is understood and agreed that he relies wholly upon his judgment, belief and knowledge of the nature, j .i extent and duration of said injuries as well as the liability questions involved, and that he has not been influenced to any extent whatsoever in making this release by any representations or statements regarding said injuries, or liability, or any other matters, made by the persons, firms or corporations hereby released, or by any person(s) representing, or acting for him or 1 them. III. E it is further und_s ALL DAMAGESCeof ahdoubtful sandldisputed • i in FULL SATISFACTION OF claim, and that the payment of said sum is not to be construed as r an admission of liability on the part of the above party/parties y released and discharged by whom liability is expressly denied. } i i I. i. ~ ,i I f, ~ I i i N I ' ARTHUR ROBERTSON understands and agrees that this is in full satisfaction for all damages arising on account of the above described incident and that he will receive no further sums of money and that he hereby agrees to not assert or prosecute any 7 further claims or lawsuits therefor against anyone whomsoever, whether or not herein otherwise named, described or identified. Any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released. i This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a mere recital. 1 WITNESS my hand and seal this the ;-,j - day of June, 1988. ARTHUR ROBERTSON APPROVED AS TO FO { I LLIA T ' I ATTORN Q RTHUR ROBERTSON 9`, t CITY OF DENTON, TEXAS LLOY V. HARRELL, C Y MANLGER APPROVED AS TO FORM: DEBRA A. DRAYOVIT { CITY ATTORNEY a PAGE 2 E t ~ i I ~ I i 14j r fi THE STATE OF -iB S S ~ivc~ l/iA'y COUNTY OF S i On this day of June, 1988, before me, the undersigned notary Public, personally appeared Arthur Robertson, personally known to me to be the person described herein, and who executed the foregoing instrument and acknowledged that he voluntarily executed the same. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF My Commission expiresl~ul. /g Y y f 1 1 . j • j PAGE 3 I.. r • R S i 7 I I V 1 1 i Lm IE i ~y r,