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Home My WebLink About2002-223ORDINANCE NO. AMA—,i �? j AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS IN A CLAIM FILED AGAINST THE CITY OF DENTON BY LARK SCHUTTE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Compromise Settlement Agreement and Release of All Claims in a claim filed against the City of Denton by Lark Schulte, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute said Settlement Agreement on behalf of the City. SECTION 2. The City Manager is hereby authorized to expend the funds in accordance with the attached Compromise Settlement Agreement and Release of All Claims. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / W,c day of 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B GEC/' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SAOur Documents\Ordinencu\02Vchutte .ad. JUN-03-2002 MON 11:08 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PACE 2 KNOW ALL MEN BY THESE PRESENTS: That it is agreed by and between CLAIMANT, Lark Schutte, and the RELEASED PARTY identified as the City of Denton, Taxes 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 CLARAANT the total aggregate sum of SD[TY SEVEN THOUSAND FOUR HUNDRED FORTY SEVEN AND N01100 DOLLARS ($67,447.00), of which $27,447.00 has previously been paid in settlement of property damage claims and direct payments to physicians, the receipt and sufficiency of which is hereby acknowledged. 2. For and in consideration of said payment, CLAIMANT, Lark Schutte, hereby ibuy releases, discharges, and acquits the RELEASED PARTY, from, and agree that the sum so paid shall be in toll 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, 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 companionship, 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, anosney's fees, pro- 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 CLAIlv1ANT against any of said RELEASED PARTY growing out of or in any way corrected with: the collision that occurred between the CLADAANT and the RELEASED PARTY at the 900 block of Port Worth Drive on or about July 18, 2000; any events or litigation connected with or growing out of COMPROM U SEI1 MUNT AND am EA n OF ALL CLAM -PAGE 1 JUN-03-2002 MON 11:08 AM FROM:IIENTON CITY ATTORNEY FAX:9403827923 PAGE 3 said incident or this settlement; or any event which occurred prior to the date of this settlement. CLAB ANT 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 CLAIMANT or by any of HER respective natural or adoptive family members or relatives, as a result oil. said collision; any of the events connected with, or growing out ot; said incident or this settlement; or any event which occurred prior to the date of this settlement. 3. CLABAANT understands and agrees that the amount paid under this agreement is in fall satisfaction of all injuries and damages arising on account of the above described events and that she will receive no further sums of money.therefrom. CLAMANT agrees to not assert or prosecute any father claims or lawsuits therefore against anyone whomsoever, whether or not herein or otherwise named, described or identified Any and all claims against parties not specifically released herein, if say, are hereby assigned in firll to the parties hereby released. 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 CLARY ANT has already paid or will pay out of the aforementioned sum of SIXTY SEVEN THOUSAND FOUR HUNDRED FORTY SEVEN AND NO/100 DOLLARS ($67,447.00) all property damages and medical, doctors' and hospital charges received in the past or to be incurred in the fiam and that CLAMANT will defend, indemnify, and hold harmless the said RELEASED PARTY, of and from the payment of such subrogation claims and hospital liens (especially with reference to any liens under the Texas Hospital Liam Law). S. CLAIMANT expressly warrants that her spouse, if she has one, has not suffered any loss of consortium as a result of the events in question or CLAMANT'S alleged injuries and damages. CLAIMANT also expressly warrants that no member of her family has suffered my plc injury, mental anguish and/or damage to the familial relationship as a result of the events in question or as a result of CLAIlv1ANT'S alleged damages and injuries. CLAIMANT agrees to defend, hold harmless and indemnify the RELEASED PARTY from the payment, and for the COMPROMM s817URAWT AND P8L9AS9 OF ALLCLAW&..PAG9 s JUN-03-2002 MON 11:09 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 4 defense, including, expenses, and reasonable attorney's fees, of any and all such claims for loss of consortium, psychic injury, mental anguish and/or damage to the familial relationship. 6. CLAIMANT hereby represents and warrants to the RELEASED PARTY and to the Court 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 therefore, that acceptance of the consideration set forth herein is a hill 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 gee will and accord after consulting with and acting upon the advice of her attorney. 7. Although originally drafted by attorneys for the RELEASED PARTY, this Compromise 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 evarrt 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 t' day of V 2002. M SCHUTTE CLA26AW COMFROMSE aErME "W AND a9LEASH OF ALL CLOa... PA48 JUN-03-2002 MON 11:09 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 5 Attomey for CLAZLANT EULINB BROOK, MAYOR CITY OF DENTON, TEXAS RELEASED PARTY Herbert L. Prouty, Attorney for RET THE STAT$VOF TEXAS COUNTY OF DENTON This inetntment was acl=wledged before me on the day of J1,- c 2002, by Lark Schulte, My Commission Expires: 114 b coAuaO)-= 88rYLM4= AND ItaLSASS OF ALL CLAW ... PACE 4 Notary Public -State of Texas ?tpPY Pvpp�''"q� =r' o's=�HAR?Nxaa.700/ JUN-03-2002 MON 11:09 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 5 EULINE BROOK, MAYOR CITY OF DENTON, TEXAS RELEASED PARTY APPROVED: Herbert L, Prouty, City Attorney Attorney for RELEASED PARTY THE STATE OF TEXAS COUNTY OF DENTON i This instrument was acknowledged before me on the(--rly of 2002, by Lark Schulte, My Commission Expires: k 1 164 CMDROAQ36 S$MMUNT AND =SASS OF ALL CLAIMS..,FA084 &G�—� (_ ,,—L Notary Public -State of Texas 1P.......� �''.. SHARON BIRD E110, 8lal of Tuna '., ,�........... .: � y = my commission BtPtne 03.11.9001 JUN-03-2002 MON 11:10 AM FROM:DENTON CITY ATTORNEY FAX:9403827923 PAGE 6 T11B STATE OF TEXAS ) COUNTY OF DENTON ) This Instrument was acknowledged before me on tl !' day of 2002, by Euline Brock, Mayor, on behalf of the City of Denton, Texas. Qo/� u / 11 b 'o• to o Texas My Commission Expires: la �oz MWW DWAA0WZWV&ftVM&&n"dW ;q•"•': fit '"i JENNIFER K, WALTERS Nomp-Pnblic,Smtc nfTexas Nly rnmmissinn Expires '+..a. F December 19, 2002 AND MUM OF ALL CLAW&JA08 5