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HomeMy WebLinkAbout24-1754ORDINANCENO. 24-1754 AN ORDiNANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASE IMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED “ ALEJANDRO A. AR(;UELLO, JR. v. CITY OF DENTON: “ CAUSE NO. 24-5726-467. PENDING IN THE 467TH JUDICIAL DISTRICT COURT, DENTON COUNTY, TEXAS; AND DIRECTING THE CITY MANAGER OR DESIGNEE AND THE CITY’S ATTORNEYS TO EFFECTUATE AS NECESSARY AND APPROPRIATE THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE TO EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby ratifies and approves the proposed settlement of litigation styled “ Alejandro ,4. Arguello, Jr. v. City of Denton; “ Cause No. 24-5726-467, pending in the 467th Judicial District Court, Denton County, Texas, under terms set forth in the attached Settlement Agreement and Release. SECTION 2. The City Manager or designee and the City’s Attorneys are hereby authorized to act on the City’s behalf in approving and executing any and all documents necessary or appropriate to effectuate the terms of the settlement, and to take other actions necessary to finalize the settlement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. is ordinance was made by CcP J RLJ5potl q„,„,d,A„'=''’t:'.T,t:’ IDF-Jby the following vote a - n :. This Ordinance was pasged and approved Aye Nay Abstain Absent Mayor Gerard Hudspeth:1/ Za / ./ IZ ,/ Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASgF,r) ANn APPROVFr) thi, M, II th d,v „f S,n+,Mb,r ' 2024. ====n= ATTEST: LAUREN THODEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: V w&Q' da/a+dub EXHIBIT “A” Settlement Agreement and Release DaaJsbn EnvdQPB ID: 73C21C8F6T7G+88G991&29F7360D0367 DocABW1 ErwdDpe iD: 5Ba77BFGCC2A+05naBA&7A4aZA71&CT CAUSE NO. 24-5726467 ALEJANDRO A ARGUELLO, JR g § § § g 6 S $ g Hi THE DISTRICT COURT PlaintiH1 Vs 46WJUDrciALDrsr3ucT CITy OF DENION, DefwdaBt.DENTON COUNTy, TEXAS BACKGROUND Plaintiff Alejandro A. Arguello, Jr. (“PlaintifF) claims money damages against the City of Denton, Texas (“Denton” or “City”) for the incidents alleged in this lawsuit. Released Parties (as defined below) deny any liability. The Parties (as defined below) desire to settle all matters to avoid the inconvenience and expense of litigation and to buy accord. AGREEMENT DefinItions. 1. 2. 3. 4. 5. 6. 7. “Agrcmrent” means this Compromise Settlement and Release of Claims. “Court” means the 467a1 Judicial District Court of Denton County, Texas. “Incident” or “Incidents” means the series ofevarts involving the Parties occurring on or about 3/30/2023, in Denton, Texas, described or referenced in the Lawsuit as basis for any and all claims asserted therein. “Lawsuit” means the action tnaring the style and cause number shown above and the contents of the parties’ live pleadings. “Parties” means Alejandro A. Arguello, Jr., and City of Denton, Texas. 'Plaintiff’ means the natural person presently known as Alejandro A. Atguello, Jr. (date of birth , / f , SSN # XXX-XX- ), under that name and any prior or subsequent names. His leased Parties” means City of Denton, Texas and all of their respective past, present, and future ollicia] s, officers, shareholders, principals, employees, independent contractors, agents, attorneys, legal representatives, predmessors, successors, assiprs, insurers5 risk pol$ and all persons, firms, and corporations in privity with the City of Denton, Tocas, even if those persons or entities am not specifically named in this Agrwment However, for the limited purposes of provisions of this Agreement relating to signatures, deIIvery, and/or notice, this term shall be construed &q to mean only those persons and entities named as defendants in the lawsuit. Compfolnise SetaemmtAgnemBnt end Release of ClaIms (Alejandro A. Arguello, Jr.)Page 1 of 9 Docudgn EIwdQpe Dl 73C21C8F-537G+&8G991&29F7360Da367 Dwnbn Elwelape rn: 68c77BF&cc2A4cHF8eA&7Nl02zA718c7 Release of Claims and Djgcharg& 8.In consideration for the payment described in Paragraph 10 of this Agreement, Plaintiff hereby completely role uses and foreva discharges and acquit$ the Released Parties aon, and agrees that the sum so paid shall be in full and final satisfaction and oompromis8 oe all actions, causes ofaaiar, claims (including subrogation claims, claims for contribution or indunnity as to money paid in connection with this settlement) and demands, on account oC in connection with, or in any way gn>wing out of or relating to any and all negligence, intendonal misoanducl mt8liaHon, violation of any state or federal statutes or coda, breach of any duty of good faith and fair dealing, death, personal injuries, physical or mental impairmeat, all incidents and contact with any City of Denton employee (or official or representative), damage to reputation, pain and sufFering, grief, bereavement, loss of consortium, loss of companionship, damage to familial relationship, mental anguish, psychic injury, humiliation, and emotional stress, disfigurement, loss of quality of life, loss of earning capacity, loss of benefits, loss of retirement, loss of household services, loss of wages, loss of back wagos, loss of seniority, loss of pronrotional opjDrtunitics, loss of profits, loss of money, damage to property, taking of property, attorneys’ fe6s, court costs, pre and post.judgment interest, and all other causes of action and damages whether known or unknown, pasS present, and future, and whether heretofore asserted or not, owned or possessed by Plaintiff against any of said Released Parties growing out of said incidents or this settlement; or any event which occurred prior to the date of this settlement Plaintiff alrther assigns all of the rights and remedies released in this paragraph or arising Born the Incident to the City of Denton, Texas, jointly and severally. a.Plainti# represents and agrees that he has not as8igned or transferred any right, title or interest to any claims, dernands, actions, or causes of action nlea8ed hereby to any person, firm, or business entity. b,Plaintiff understands and agncs that the amount paid under this agreement is full satisMction of all injuries and damages arising on amount of the above-described events and that he will receive no further sums of money thenfronb it is expressly understood and agreed that Plaintiff has already paid (or will resolve out of the Settlement Payment) all property damages, all medical, doctors’, and hospiu] charges re%ivod in tho past or to be incurred in the future and all child support and family liens. Plaintiff and his attorneys hereby acknowledge and agree it is their responsibility to ensure the satisfaction of all lion claims, including but not IImited to workers compensation, Medicare, Medicaid, hospital, medical provider, and health insurance liens, and child support and family liens from the Settlement Pawent. Plaintiff agrees to not assert or pr03eoute in any forum any further complaints, claims, or lawsuits therefor a98inst anyone whomsoever in relation to the Incident(s), whether or not heroin or otherwise named, dwcribed, or identified. Ge Plaintiff hereby represents and agrees to the Released Parties and to the Court that no promises, representations, or agreanents not set out heroin have been made to him, that this Agreement is executed without reliance upon any statement or Colnpfamise Settlement Apeernent and Release ofaairns (A]ejandro A. Arguello, Jr.)Page 2 of 9 Docusign EIwek#)e ID: 73C21G8F437C-488C-091&29F7360D0367 Dow$bn &lwtgpe la 68c77BFc4G2&qD6FB9Ab7A4Q22A718C:7 lvpresenwion of any person or parties released or their repn%ntatives, concerning Me nature and extent of the brjuries, damages and/or legal liability therefor, that acceptance of Ore coasiduation set forth herein is a full accord and satisfaction of a disputed claim for which liability is expressly denied and that this Agreement is made of his own free will and accord after consulting with and noting upon the advice of his attorney. d.Plain6ff understands this Agreement is in compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons or entities hereby nlmsed, by each of whom liability is hereby expressly denied. ee Plainti# understands that this is an unconditional, unqualified release, and also includes all claims, attorneys’ Bes, or other expenses incurnd by or on &half of the undersigned in connection with the filing and prosecution of the Lawsuit, including taxable court costs. 9.All of Plaintiffs releases in this Agreement are made on behalf of himself, his estate, and his respective past, present, and future afFiliates, insured$ agents, principals, servants, legal representativm, mrployee s, pRdwesson, successors, attorneys, assigns, heirs, insurers, and all persons, firms, or corporations in privity with any of them, even if those persons or entities are not specifically named in this Agmemcnt. Payment. 10.City of Denton must pay $18,000– mfencd to as the “Settlement Payment” - in the form of a check in the amount of $18,000 to Alejandro A. Argu6IIo, Jr. and John L. McCraw, Ill P.C., and must deIIver Settlement Payment to the office McCraw Law Group (’“Plaintiffs Counsel”), 5900 South Lake Forest Drive, Suite 450, McKinney, Texas 75070 - within three weeks ofn®ipt of the original fully executed Agreement to the Office of the City Attorney, 215 E. McKinney, Denton, Texas 76201, To be considcrod fully executed, the Agwement must be (i) signed and dated by Plaintiff befom a notary public, (ii) signed by PlaintifFs legal counsel, and (iii) signed by the Released Parties aBer formal City Council approval, PlaintifFs Counsel shall promptly provide Rel6ased Parties with notice oonfirming receipt of the Settl8rnent Payment on txhalf of Plaintiff and declaring the exact amount received. Dismissal with Prejudice. 11.Piaintiawill ale a voluntary dismissal or nonsuit, with prejudiQe, of his lawsuit against the City of Denton, Alejandro A. Arguello, A v. City of DevItort, Cause No. 24-5726-467 (467th Judicial District, Denton County), within savor (7) business days following receipt of payment. CompromIse Settlement Agreement and Release of Claims (Alejandro A. ArgueIlo, it.)Page 3 of 9 Deco sjgn Envelope ID: 73C21C8F-537C488C491 &29F7360D0367 DouBtP BNdqe ID: 58C77BFGCC2b406F4QA&7A40aA718c7 Other Payments, Costs, and Expenses, 12.Except for the Settlement Payment, Relmwd Partiw are not obligated to make any other paymmts and the Parties must bear thcir own court costs, attorney fees, and any other expenses incurred in the Lawgujt or relating to the Incident. Agreements. 13.Plaintiff agrees that: a. b. C. he has 6l11 capacity and authoriQ' to execute the Agn ement; he has not assigned or transferred any rights or claims for damages that he is releasing in this Agreement; there are no outstanding or unpaid - in whole or in part - subrogatian clairns, including without lirnitation medical subragation claims that relate in any way to the incidents alleged in the lawsuit; and: i. There are no liens - equitable, common-law, or statutory – that relate in any way to the Incidents alleged in the lawsuit, including without limitation hospital liens, medical, Mediaate/Medicaid or other liens, or medical insurance subrogation claims which have attached or could attach to any consideration given in this Agreement, or which could form the basis of any claim or penalty against the Released Parties; or ii. PlaintifFhas obtained - and filed with the proper once(s) – a full and final release of any liens - equitable, common-law, or statutory – including without limitation hospital liens, which have attached or could attach to any consideration given in this Agreement, or which could form the basis of any claim or parra Ity against the Released Parties. iii- PlaintifF mpresenB and agrees that he has not mcoived Medicare benefits for any medical treatment, including treatment for any work injuries, as a result of the Incident; that he does not currently have pending an application for Medicare benefits; that he does not intend to apply for Medicare benefits within the next thirty months; that he understands that if he does apply for Medicare bcnefits within the next thirty months and submits bills for treatment of any alleged injuries arising from the Incident, that these bills may be dcnicd by Medicare. Plaintiff represents and agrees that the purpose of this Agnement is not to shift responsibility for pawent of medical expenses resulting from the alleged injuries to Medicare. Plaintiff understands that the Released Parties have relied upon this information in consideration of the settlomerrt of Plaintiffs claims. d.It is expressly agreed that Plaintiff has paid, or out of said sum, will pay or satis8', any outstanding lions, any liens under the Texas Family Code, child support and family liens, hospital liens, claims, medical insurance subrogation clahns, Compromise Settlement Agmement and Release of ClaIms (AI6jandtu A. Argueliop Jr.)Page 4 of 9 Dtxwdgn Envelope ID: 73C21CBF-53@188C-991&29F7360CX>367 tk3wggn Ehuek)pe ID= 6BC77BFC>Cc2;u06F49A&7A4QaA7t8c7 property dwnage 3ubrogadon claims, attorney liens, and submgation interests of any nature, pasb present, and future arising out of or relating to the Incident. ea Plaintiff cxpressly atte6B and agrees that no member of his family has suffered any psychological injury, mental anguish and/or damage to the familial wlationship as a result of the evenB in question or as a result of PlaintifFs alleged damages and hjurieg. PLArNrrFr ACR£8S TO D£F£Nn, HOLD HARMLZSS ANO rNDEwrNrrv THX RT,IEASED PARTIES FROM THE PAYMENr, AND FOR THE DEFENSEs INCLUDING9 EXPENSES AND REASONABLE ATTORNEYS’ FEES) OF ANy AND ALL SUCH CLAIMS FOR LOSS OFcoNsoRTruM,Psyauc WJURY,MWrALANCUiSH Ah'D/ORDAMAC8 TO THE FAMILIAL RELATIONSHiP. Indemnity. 14.IN THIS AGREEMEVI'l aINDEMNIFY}) MEANS THE DUrY TO FULLY AND IMMEDIATELY R£rMBURS8REr.EAS£D PARTIES roRTH£R£LZASRUPARlln$’: A.COSTS OF COURT) ATTORNEY FEESI AND ANY OTHER EXPENSES INCURRED US ANy TYPE OF LEGAL DEmisE; B.cons OF COURT, ATrORNEY FXES, ANn ANy OTnxR Ex?nvsES INCunnED IN ENFORCING OR ATrEMrrnVG TO ENFORCE ANY OF THIS AGREFAIENT sS UVDEMNrrY PROViSIONS; B.OBLIGATION, DEm) PAYMENr, swTIEhumw) OR JUDGMENT. 15.PLAUVTrrr ACR£XS TO nvu£&©v£ry ANn HOLD HARMLESS R£LEAs£n PARTr£S rN CONNECTION WITH ANY CIAIMSl COUNTERCLAIM1 PROCEEDINGI DEMAND! LAWSUIT9 AcrION! OR CAUSE OF ACTION THAT: A+RZLAT£D rN ANy WAy TO TaE IwcIDENTS ALLECED IN THIS LAWSUIT AND IS BROUGHT BY OR ON BEHALF OF: Ip PLABwlrF,PLAINnrF’S EgrAT£,AND/ORPLArNrnr’snErRS OR ASSiGNS; 11.ANY PERSONJ ORGANIZATION9 OR ENTITY ASSERTING OR AITEMrrING TO ASSERT A LIEN – EQUITABLE) COMMON-LAWs OR srATuroRY - AGAINST TH£R£L8AS£DPARTms; OR III. ANY PERSON) ORGANIZATION, OR ENriTY ASSERTING OR ATTEMPTING TO ASS£RTASUBROGATION CLAIM AGArNSTTHERxbnAsnD PARTIEs; B.IS NOT BROUGHT BY OR ON BEHALF OF THE RELEASED PARTIES AND CONTAINS ALLEGATIONS OR STATEMENTS THAT IN ANY WAY CONFLICT WITH ANY OF THE PLAWnrF’SWARRANrms rNTEusAGR££M£Nr; IIIII1 11} a IS BROUGHT BY OR ON BEHALF OF THE RELEASED PARTIES TO ENFORCE ANY OF THIS ACR££M£Nr’s uvDzhkxrrr PROVISIONS; Compromise Settlement Agreement 8nd Release of Claims (Alejandro A. AtBuena, Jr.)P898 S of 9 Docu sba &lvekpo ID: 73C21C8F-537C488G991 &29F7360DOW7 IXw8iH Enwlope ID: 58C778FGOG2A405F'BM&7A4022A71&C37 D.IS BROUGErr BY OR ON BEHALF OF ANY GOVERNMENT OR TAXING EFrrnY ASSERTING A TAX OBLIGATION) INIEREITI PENALTY OR OTHER OBIIGATION ARisarcFROMrAYMnvr OFTmSXTrrXMENT PROc8£ns; OR E.IS BROUGHT BY OR ON BEHALF OF ANY GOVERNMENrAL ENrrFV SEEHntG REiMBURSRMEh'r OF PAID MONETARY BMvwrrs FOR WHICH PLAINnPF MIGHT BX Drr£RMntnD IN£rXGiBL£ AS AcoNs£QuaNCE or £rTHZR Tm£ INan81vr OR THIS Sl£TFLIWIWFe Limited Confidentiality. 16.Plaintia, joined by his attorneys, family, and agents, agree that the terms of this Agreement shall be kept confidentially by them, wwF that the matter was resolved without any finding of wrongdoing by the Released Parties. The undasigned agree that said persons shall not talK discuss, reImw, publish, or otherwise make known to anyone, including representatives of the press, new media, radio, television, internet, xxB81 media, or other persons with the purpose of disclosure of the terms of this agreement, unless required by a court of competent jurisdiction. Plaiati# recognizes that City of Denton, is obligatcd to comply with the Texas Public tnfounation ActfTexas Open Records Act and/or Open Meetings Ac,L and may pIuvide information about this Agreement, consistent with those obligations. Governing Law and Venue. 17.In tho case that a dispute should arise regarding the Agreement or any ofit8 provisions, the Parties agree that its terms and provisions are to be construed solely in accordance with the laws of the State of Texas, and that any lawsuit which involves this Agreement (directly or indirectly), or any provision of this Agnemenl may only be filed and litigated in a court of competent jurisdiction in Denton County, Texas. Additional DocurneBts. 18.All Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreernent. This Agreement may be executed in multiple cowHaparts, with reproduced signature pages attached as neoessary to evidence approval. Scanned or photocopied copies of this document shall be regarded as duplicate originals, Full copies of this Agreement and all signature pages shall be delivered to all Parties through their respective legal counwl, Entire Agr@meat and Successors in Interest. 19.The Agreement contains the entire agreement and understanding between the Parties, is contractual and not merc rwital, and shall be binding upon and inure to the benefit of the Parties, This Agreement renders any inconsistent prior agreements and understandings between the Parties void. The Parties do not intend any third-party beneficiaries of this Apeement (save and except those described in the definition of Released Parties above) Compnimise sotaernut Agnmlent and Relea8e of ClaIms (Alejandro A. Arguullo, Jr,)Page 6 of 9 Daclnbn Envelope ID: 73C21C8F437C488G991 &29F7360CXX367 DMStFl Ehvdop ID: 68077BFGCc2AF40n89AB7A+022A718G7 and no person or entity other than PlaintifF shall be capable of demandhlg performance of any obligation set forth haein ebm the City of Denton or of claiming any damages therefrom arising from this Agreement, Advice of Counsel 20.The Parties have had the assistance and advice of independent legal counsel throughout the negotiations leading to the Agwunent, and they have read the Agreement and consulted with theIr respective counsel regarding the meaning and effect of the Agmement. Thc Agreement has bma jointly dm8ed and is not meant to be more strictly construed against one Party than another. 21.Plaintiff mpwwnts that he has relied upon the advioe of his independent legal counsel concerning the legal and income tax consequences of this Agreement and that the terms of this Agreement are fUlly undem&>ad and votunWily accepted by him. Effectiven©s, 22.This Agroement shall become effective immediatc ly following execution by mob of the Parties. All provisions which do not include an express date for performance by a Party arc intended to be rnrpetual. Inaction of a Party regarding any breach of this Agreement shall not be construed as waiver or release of another Party’s rights to demand performance or seek damages, regardless as to whether such inaction is deliberate or inadvertent, nor shall any such inaction with respect to an individual event of breach constitute any waiver of an aggrieved Party’s right to pursue enforcement or damages with respect to any other event of breach. Modifications, 23.nIe Agreement cannot be changed or terminated except by a subsequent agreemerrt in writing that is signed by all the Parties. Invalid Provisions. 24. If any Party of this Agreement is for any reason found to tx invalid, illegal or . unenforceable, all other parts neverthelws remain valid, legal, and erdorceable. Headings. 25.The hmdings to the provisions of the Agreement are solely for the convenience of reference and are not to tn construed as terms of this Agreement No Other Rcprwentation s. 26.Other than the written representations made in this Agreement, there are no odrer representations related to the Agreement and the Parties do not rely on any OaIer representations in ex6cuting this Agreement. Notice. Compromise Settlement Apeement and Release ofCl8ims (A]ejandrn A. ArBueHo, Jr.)Page 7 of 9 DaNsign DIVMe ID: 73C21C8F-637G488G991 &29F7360D0367 Daau8lp EnubH III: SOC:77Bf04c2A4cHFaw'7A4cx22A71Bc7 28.Relewed Puties can satisB any notice or delivery requirement of this Agreement through Plaintups Counsel unless ard until PlahItiaprovides written notice of a new desigaee for notic.•b to Plainti R in a signed md notarized document delivered tD all Released Parties. Plaintiff cw1 satis8 any notice requirement arising Bum this Agreement thnugh IepI counsel for the Released Parties or their rwpective designees. After this A©eement bec,oran c#ective, if any of the Parties becomes aware that any claim, disputc, or other proceeding relating to the Incident or this Agreement is being alleged or asserted by any third party agBinst one or more other Panics, they shall use reasonable efForts to provide notice of same to the other Parties as soon as practicable. PLARqTIFF SIGNATURE: @t a Date of Signature: August 19’ 2024 Alej ilIM X Arguel lo, Jr. BEFORE ME, the undersigned authority, on this day personally appeared Alejandro A. MgueHo, Jr., who is Mown b me to be the person whose name is subscribed to the foregoing instrument, who is personally known by me or by providing u qualifying identiGcadon. GIVbIq UNDER MY HAND AND SEAL OF OFFICE THIS A DAY OF '%'as,miG),t;{$g;";{}}#By{$#at Tex 6s Natary Public – State of Texas L the undersigned attorney for Plaintiff Alejandro A. ArgueUo, Jr., do hereby certify that Alejandro A. Arguello, Jr has stated to me that he has wad each and every word of the foregoing instrument and that he understands its contents and effect; and as PlaintifFs attorney, T approve the settlement entered into. q+Hq,a++ Ob n€u9wd bF Thompson Du, Attornay forPlaintia, Alejandro A. Arguello, Jr CompromIse sotaemart Agnanent and Rele&se of Claims (Alejandro A. Arguelio, Jr.)Page 8 of 9 Docu6©n Envelope ID: 73C21C8F-537C488G991 &29F7360D0367 Dacu3©n Enwk)A ID: 5K;77BFC<:C24405F48A6-7A4022A718C7 CITY OF DmITON, TEXAS SI@{ATUREh „.,.d,.,„„,.,....% qSARA HENSLEY, ciTY On behalf of the City of Denton Per delegated authority BEFORE ME, the undersigned authority, on this day personally appeared Sara Hensley, person whose name is subscribed to tho foregoing instrument, who is or by providing a qualifying identification. SEAL OF OFFICE THIS .Y OF AtqW'P"' ~:* '’ U.'~~=’ kt£btQhtec&YA Notary Public – State of Twas APPROVED AS TO LEGAL FORM MACK REn$wAND, CiTYATroRNEY KARISALE teH RUM! WM%ly D#r3r8anl WH tbuMw IAa@6 BY:t>bIb:yU f+>./ga/2aaa” Devin Alexander CaInpn>nlise Settlerneut A8fewleut and Release of Claims (Alejandro A. Arguello, Jr,)Page 9 of 9