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1994-138b:\settle.o ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH- ORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF W. LAMONT BROWN AND ANNE BROWN V. JAMES DARRELL MAYSE AND CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City execute a Compromise Settlement of W. Lamont Brown and Anne Bro of Denton, providing for the litigation now pending between Court, Denton County, Texas, Ce not to exceed Forty-four Thousan in accordance with the terms of of All Claims, a copy of which Manager is hereby authorized to Release of All claims in the matter settlement and compromise of the the parties in the 211th District Luse No. 92-30748-211 in an amount d Five Hundred ($44,500.00) Dollars the Compromise Settlement Release is attached hereto. SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the !a1 day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY 61-1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY~( ~c-K CAUSE NO. 92-30748-211 W. LAMONT BROWN, and ANNE § IN THE DISTRICT COURT BROWN, § Plaintiffs § VS. § OF DENTON COUNTY, TEXAS § JAMES DARRELL MAYSE, Individually § and CITY OF DENTON, § Defendants § 211TH JUDICIAL DISTRICT COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Forty-four Thousand Five Hundred Dollars ($44,500.00) to be paid by Defendants, W. Lamont Brown and Anne Brown do hereby release, acquit, and forever dis- charge the Defendants (including, but not limited to, City of Denton, Texas, its elected officials, agents, employees, and all of said Defendants' insurers and attorneys, hereinafter referred to as "Defendants") of and from any and all actions, causes of action, claims (including subrogation claims), demands, liabilities, obli- gations, costs, expenses and damages of any kind whatsoever, whether based in common law, contract, warranty or tort, or upon constitutional or statutory rights, including, but not limited to, court costs, attorneys fees, damage to reputation, pain and suf- fering, grief, bereavement, loss of consortium and companionship, mental anguish, loss of earning capacity, loss of profits, damage to and taking of property, loss of services, actual, punitive and exemplary damages, and all other damages, whether known or unknown, and whether heretofore asserted or not, resulting or to result from, or in any manner related to the alleged injury which occurred on or about November 26, 1990, all as more fully described in the pleadings on file herein to which reference is made for a more com- plete description; and do hereby agree to indemnify and save harm- less said "Defendants" as described above, of and from all further claims, including subrogation claims, demands, liabilities, obliga- tions, costs or expenses and damages arising out of the alleged injuries and damages sustained by them as a result of said incident, whether or not included in a claim for damages. The undersigned understands and agrees that the amount paid under this agreement is in full satisfaction of all damages arising on account of the above described alleged injury, and that they will receive no further sums of money from the "Defendants" as described above as a result of this injury. It is expressly understood and agreed that W. Lamont Brown and Anne Brown have already paid or will pay out of the aforementioned total sum of Forty-four Thousand Five Hundred Dollars ($44,500.00) all medical, doctors' and hospital charges received in the past or to be incurred in the future by them, and that they will defend, indemnify and hold harmless said "Defendants" as described above from any claims for such charges. In further consideration of the payments made by the "Defen- dants" as described above, W. Lamont Brown and Anne Brown expressly warrant and represent that (other than medical charges discussed above) no assignment, pledge, sale or transfer of any right, title, interest or claim which is released herein has been made, except to PAGE 2 counsel approving this Release. W. Lamont Brown and Anne Brown further agree to indemnify and hold harmless the "Defendants" as described above from any claims or causes of action brought by persons or entitles claiming a right, title, interest or claim in the matters herein released. It is expressly warranted by Plaintiffs that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or repre- sentation of any person or parties released or their representa- tives, concerning the nature and extent of the injuries, damages and/or legal liability therefor; that acceptance of the consider- ation set forth herein is in full accord and satisfaction of a disputed claim for which liability is expressly denied by Defen- dants. FOR THE SAME CONSIDERATION, it is agreed that the above styled suit will be dismissed with prejudice with costs of suit taxed to the party incurring same. This document contains the entire agreement of the parties hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS. WITNESS our hands this day of , PLAINTIFFS . C7~lryri /fit LAMONT BRO N ANNE BROWN DEFENDANT CITY OF D PAGE 3 1994. APP OnV.E-D : 9~vw~ W"v DAN TRAMMELL ATTORNEY FOR PLAINTIFFS MICHAEL A. BUCEK ATTORNEY FOR DEFENDANT CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared W. Lamont Brown, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas and W. Lamont Brown, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, W. Lamont Brown was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1994. MELINDACOBB `<< r"• MY COMMISSION EXPIRES Notary Public, State of Texas May 1, 7997 THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Anne Brown, known PAGE 4 to me to be the person who executed the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed; that she executed the same as her free and voluntary act and deed after having it fully explained to her, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas and Anne Brown, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by her without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Anne Brown was completely sober, sane, and capable of understanding the character of her acts and deeds and was in complete charge of all of her faculties and capable of executing this instrument and of understanding the significance of her acts. GIVEN under my hand and seal of office this the a ~w day of 1994. V.,%o''%g MELINDA COBS s : W COMMISSION EMPIRES /~//f~\ May 1, 1887 n,~) Notary Public, tate of Texas THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Lloyd V. Harrell, City Manager of the City of Denton, Texas, a municipal corporation, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas and W. Lamont Brown and Anne Brown, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any threat, force, fraud, duress, or rep- resentation of any kind by any person whomsoever; and that at the time of execution of the release, Lloyd V. Harrell was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the r day of 1994. STEPHANIE rORD Notary Public, Texas 1 PUBLIC, STArE OF rC!AS mi:swa Expire, Feh B:\RELEASE.RRO 9i PAGE 5