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1997-194 O INANCENO q AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF SARA SANGSTER IN AN AMOUNT NOT EXCEEDING $150,000, AUTHORIZINO 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 clann for damages of Sara Sangster was subrmtted agmnst the C~ty of Denton, Texas, and WHEREAS, the C~ty Council of the C~ty of Denton, Texas beheves that ~t ~s m the best ~nterest of the C~ty to comprormse the clmm ~n an amount not exceeding $150,000 to avmd the uncemunty of trial, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the proposed settlement of the clmm of Sara Sangster m an amount not to exceed $150,000 ~s hereby ratified and approved, subject to final execution of a release of all clatms by adverse parttes, m a form approved by the C~ty Attorney SECTION II That the C~ty Manager ~s hereby authorized to act on the C~ty's behalf ~n paying the settlement obhgat~ons anthonzed hereto SECTION III That ttus ordinance shall become effecuve munedmtely upon ~ts passage and approval PASSED AND APPROVED tbas the~_e/~day of 1 997 JP~.K.~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 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 at as agreed by and between CLAIMANT, Sara Sangster and the RELEASED PARTY ~dentlfied as the City of Denton, Texas, and its past, present, and future officers, elected officmls, employees, agents, and attorneys (all m both their offieaal and ~ndlvldual capacmes), and their respective insurers, and those ~n pnvlty wath any of them, as follows 1 The RELEASED PARTY wall pay to CLAIMANT the total aggregate sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000), the receipt and sufficiency of wlueh is hereby acknowledged 2 For and m considerataon of soad payment, CLAIMANT, Sara Sangster, hereby fully releases, discharges, and acqmts the RELEASED PARTY, from, and agree that the sum so prod shall be m full and final satisfaction and compromise of all actions, causes of action, claims 0ncludmg subrogation clatms, claims for contribution or lndemmty as to money paid m connection wath flus settlement, claims under the survaval of actaons statute [Tex C~v Prac& Rem Code §71 021, ere ], and elanns under the wrongful death statutes [Tex Clv Prac& Rem Code §71 001, etc ]), and demands, on account of or m any way growing out of any and all neghgence, lntent~onal misconduct, vaolat~on of Constatutlonal or statutory rights, conspiracies, breach of any duty of good faith and fair dealing, death, personal injuries, damage to repntat~on, pa~n and suffenng, grief, bereavement, loss of consortium, loss of compamonsbap, damage to famflml relatlonsbap, mental anguish, psyebae mjury, loss of earmng capacity, loss of household servaces, 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 smd CLAIMANT against smd RELEASED PARTY growing out of or xn any way connected wath the drowning of Machael Sangster on or about November 24, 1996, all as more fully described an the letters from Tamothy Robinson to Herb Prouty dated January 9, 1997 and February 18, 1997, to winch reference as made for more complete descnptaon, any events or htagataon connected wath or growang out of smd lnmdent or fins settlement, or any event whach occurred prior to the date of fins settlement CLAIMANT does hereby agree to mdemmfy and save harmless the smd RELEASED PARTY of and from all further clmms, demands, costs, or expenses arising out of any injuries and damages sustaaned by Sara Sangster or by any of her respeetave natural or adoptave family members or relaUves, as a result of said drowmng, any of the events connected wath, or growing out of, smd ancadent or thss settlement, or any event wbaeh occurred pnor to the date of fins settlement Tins mdemmty only relates to the clmm asserted by Sara Sangster and an no way anvolves or relates to the clmm bemg assertexl by the legal representataves and he~rs of Mlehelle Jameno 3 CLAIMANT understands and agrees that the amount prod under fins agreement as an full satasfaetmn of all mjunes and damages ansang on account of the above described events and that she wall receave no further sums of money therefrom CLAIMANT agrees to not assert or prosecute any further claims or lawsmts therefore against anyone whomsoever, whether or not herem or otherwase named, described or adentafied 4 Further, CLAIMANT expressly warrants that there are no outstanchng unpmd hospatal hens, medacal insurance subrogataon clmms, or property damage subrogataon clmms and at as expressly understood and agreed that CLAIMANT has already prod or wall pay out of the aforementaoned sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 DOLLARS ($150,000) all property damages and medxcal, doctors' and hospatal charges receaved an the past or to be ~ncurred m the future and that CLAIMANT wall defend, andemmfy, and hold harmless the said RELEASED PARTY, of and from the payment of such submgataon chums and hospatal hens (especmlly w~th reference to any liens under the Texas Hospital Lien Law) 5 CLAIMANT expressly warrants that no member of her family has suffered any psyctuc injury, mental angtush and/or damage to the familial relatlonsbap as a result of the events m question or as a result of CLAIMANT's alleged damages and injuries CLAIMANT agrees to defend, hold harmless and mdemmfy the RELEASED PARTY from the payment, and for the defense, including, expenses, and reasonable attorney's fees, of any and all such elmms for psycluc injury, mental anguish and/or damage to the fanuhal relat~onstup Ttus paragraph is hrmted to Sara Sangster's munechate family 6 CLAIMANT hereby represents and warrants to the RELEASED PARTY that no promises, representalaons or agreements not set out herein have been made to her, that ttus Compromase Settlement & Release of All Clatms is executed without reliance upon any statement or representation of any person or parties released or their representatives, eoncermng the nature and extent of the injuries, damages and/or legal liability therefor, that acceptance of the conslderataon set forth herein is a full accord and sat~sfactaon of a disputed clmm, wlueh is incapable of being exactly determined, and for wbach liability is expressly demed, and that ttus Compromise Settlement & Release of All Clmms is made of her own free w~ll and accord after consulting w~th and acting upon the advice of her attorneys 7 The partlas agree that neither CLAIMANT nor the RELEASED PARTY shall release, publish, or otherwise make known to thtrd parties the terms of this Agreement, unless reqtured by the Texas Pubhc Information Act or a court of competent jurisdiction 8 The undersigned Sara Sangster in further consldarat~on of the payment herein made to her, states that she ~s the sole surwwng heir of M~chael Sangster, that no probate or other legal proceechng ~s penchng as to the estate of Michael Sangster, and that none w~ll be forthcoming 9 Although originally dra~ed by attorneys for the RELEASED PARTY, tl~s Compromise Settlement & Release of All Claims is a contract wtuch is the product of negotiations between the parties and attorneys for the parties and wluch shall, in the evem of any chspute over ~ts meamng or application, be interpreted fmrly and reasonably, and neither more strongly for or agmnst either party Tins document contains the entire agreement of the partaes hereto THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE CONTRACTUAL AND NOT MERE RECITALS .190-? Attorney for CLAIMANT THE STATE OF TEXAS COUNTY OF DENTON Tbas mstrumentwas acknowledged before me on the ~r0~day ot~?~0-9-, 199t~7, by Sara Sangster Notary Pubhc-Staie of Texas - My Comrmssaon Expires ~ ~**?~"~'~*h 'hOTARY PUBLIC ~J~..?~.~) ~ State of Texas