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1993-004e:\tit\dsmith\setlment.o ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH- ORIZING THE CITY MANAGER TO EXECUTE A RELEASE IN THE MATTER OF SMITH V. THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Mutual Release of Claims in the matter of Smith v. The City of Denton, Texas, providing for the settlement and .--ompromise of the litigation now pending between the parties in the 158th District Court, Denton County, Texas, Cause No. 90-20599-l E8 is approved in accordance with its terms, and the City manager is hereby authorized to execute same on the City's behalf. SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY CASTLEBERRY, BY* APP OVED AS TO LEGAL FORM: DEBRA A. DRAYO1ITCH, CITY ATTORNEY BY: cause No. 90-20599-158 DAVID L. SMITH AND LAVON SMITH vs. ERNEST CALVERT, Individually; CALVERT PAVING CORP; THE CITY OF DENTON; MAR-TIERRA INVESTMENTS; HARRY J. NORTON, Individually; and G.S. KLEIN, Individually § IN THE DISTRICT COURT O. S S S § DENTON COUNTY, TEXAS § S § § § 158TH JUDICIAL DISTRICT RELEASE KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the payment FIVE HUNDRED of EIGHTEEN THOUSANL acknowledged ($18,500.00 , r($ ) DOLLARS, receipt of which is hereby hereby DAVID L. SMITH and LAVON SMITH release, acquit and fully discharge THE(Plaintiffs) do TEXAS (Defendant), its manager, city council persons servants and employees of and from an agents, claims for damages, injuries y and all controversies, , losses, nature, whether known or unknown, in costs, and expenses, of any an way growing Of or in connection with the alleged incident m ade he basis of tthe above styled and numbered suit and all alleged damages resulting from said incident, including such circumstances which either were or could have been alleged in the above styled and number cause. By execution of this agreement, Plaintiffs shall be barred completely from making any further claims or bringing any other actions or suits in connection with such occurrence, and agree to hold Defendant harmless from, and to defend and indemnify it against, any and all further claims, whether such claims are made directly or indirectly, for contribution or otherwise. Further, Plaintiffs expressly warrant that no member of their family, including minors, other than parties to this lawsuit, has suffered any psychic injury, mental anguish, or damage to the familial relationship as a result of the dispute described in this release, save and except the alleged damages and injuries suffered by Plaintiffs. Plaintiffs agree to hold harmless, indemnify, and reimburse Defendant from any claims for damages, injuries, losses, costs, expenses, or losses of consortium, mental anguish, or damages to the familial relationshi expenses, and reasonable attorney ps including court costs, of this warranty. 's fees, as a result of a breach Release - page 1 cjt/deatoul/release.ord.121892. Plaintiffs agree that the Plaintiffs, their predecessors, administrators and assigns. S S S Plaintiffs represent and warrant that they have read this release, understand it, and execute it voluntarily upon their own best judgment. There are no promises, terms, conditions or obliga- tions between the parties other than those contained in this release, and this release supersedes all previous communications, representations, or agreements, either verbal or written, between the parties to the above-styled lawsuit. Plaintiffs acknowledge that no representations of fact or opinion were made to them by Defendant, or anyone on behalf of Defendant, to induce Plaintiffs to execute this release of their claims against Defendant. Plaintiffs represent and warrant that they will execute an Agreed Motion to Dismiss all claims against The City of Denton with prejudice to the right to refile the same. THE STATE OF TEXAS COUNTY OF DENTON This instrument was eember;-1992, by David i terms of this release bind successors, heirs, executors, DAVID L. SMITH LAVON SMITH acknowledged L. Smith and Release - page 2 cjt/dentonl/release.ord.121892.