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1991-183e \wpdocs\patelset o ORDINANCE NO ! / /P3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT BETWEEN THE CITY OF DENTON AND DAXA PATEL, ET AL, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Release agreements between the City of Denton and Daxa Patel, et al, providing for the settlement and compromise of the litigation now pending between the parties in the 16th District Court of Denton County, Texas, Cause No 88-4133- A is approved in accordance with their terms SECTION II That this ordinance shall become effective .immedi- ately upon its passage and approval PASSED AND APPROVED this the ?day of 1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY J AP OVED TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY IA-i A4 111,14 BY hj) patelset o NO 88-4133-A DAXA PATEL, individually and as Next Friend of KALPASH PATEL, and as Representative of the estate of DARSANA PATEL and KAMALA PATEL, et vlr * VS * CITY OF DENTON, JOSEPH ARNOLD EMBERLIN, AND ROBERT CRUZ LOZANO and KIRAN PATEL IN THE DISTRICT COURT OF DENTON COUNTY, TEXAS 16TH JUDICIAL DISTRICT KNOW ALL MEN BY THESE PRESENTS That I, the undersigned, Daxa Patel, individually and as next friend of Kalpash Patel, and as Representative of the Estate of Darsana Patel, for and in consideration of the sum of ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000 00) cash to me in hand paid, receipt of which is hereby acknowledged and confessed, do hereby for myself, my heirs, representatives and assigns, forever release, discharge, and acquit The City of Denton, its officers, elected officials, employees, agents, insurers, and attorneys, and Robert Cruz Lozano and Joseph Arnold Emberlin, and their respective families, relatives, insurers, and attorneys, of and from any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, interest, attorneys' fees, and compensation, whether known or unknown, and whether previously asserted or not, growing out of, or arising from an accident which occurred on or about December 14, 1986, or from this litigation, or from this RELEASE - DAYA PATEL...... PAGE 1 settlement, or from any other event which occurred prior to the date of this release, and I do further in consideration of such payment release, discharge, and acquit the City of Denton, its officers, elected officials, employees, agents, insurers, and attorneys, and Robert Cruz Lozano and Joseph Arnold Emberlin, their respective families, relatives, insurers, and attorneys, of and from any and all claims under the Judgment heretofore rendered in this cause, and I do here and now declare such Judgment, as to the recovery awarded to me, to have been fully paid, discharged, and satisfied In further consideration, I represent that I have read this Release, or have had it read to me, that I am signing this Release without relying upon any statement or representation of any person or party released, or their representatives, concerning the nature and extent of my injuries, damages, and/or legal liability therefor, that acceptance of the consideration set forth herein is a full accord and satisfaction of disputed claims, and that I am signing this Release after consulting with, and acting upon, the advice of my attorney THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS WITNESS MY HAND this day of , 1991 Daxa Patel, Individually and as Next Friend of Kalpash Patel, and as Representative of the Estate of Darsana Patel RELEASE - DAXA PATEL. PAGE 2 THE STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on the day of 1991, by Daxa Patel, Individually and as Next Friend of Kalpash Patel, and as Representative of the Estate of Darsana Patel Notary Public - State of Texas APPROVED Charles Noteboom Attorney for Plaintiffs RELEASE - DA%A PATEL....... PAGE 3 STATE OF TEXAS COUNTY OF AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared who being by me duly sworn, deposed as follows My name is , I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated I do solemnly swear and affirm that I am fluent in Gujarati and in English, I have read and interpreted the foregoing Release to Daxa Patel, I have truly translated from English to Gujarati the contents of the above and foregoing Release Daxa Patel has stated that she understands the contents of the Release and has signed the document for the consideration expressed therein AFFIANT SWORN TO AND SUBSCRIBED before me on the day of , 1991 Notary Public, State of Texas NO 88-4133-A DAXA PATEL, individually and * IN THE DISTRICT COURT OF as Next Friend of KALPASH PATEL, and as Representative of the estate of DARSANA PATEL and KAMALA PATEL, et vir * DENTON COUNTY, TEXAS VS * CITY OF DENTON, JOSEPH ARNOLD EMBERLIN, AND ROBERT CRUZ LOZANO and KIRAN PATEL * 16TH JUDICIAL DISTRICT RELEASE KNOW ALL MEN BY THESE PRESENTS That we, the undersigned, Mohan Patel and Kamala Patel, for and in consideration of the sum of EIGHTY THOUSAND DOLLARS AND NO CENTS ($80,000 00), cash to us in hand paid, receipt of which is hereby acknowledged and confessed, do hereby for ourselves, our heirs, representatives and assigns, forever release, discharge, and acquit The City of Denton, its officers, elected officials, employees, agents, insurers, and attorneys, and Robert Cruz Lozano and Joseph Arnold Emberlin, and their respective families, relatives, insurers, and attorneys, of and from any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, interest, attorneys' fees, and compensation, whether known or unknown, and whether previously asserted or not, growing out of, or arising from, an accident which occurred on or about December 14, 1986, or from this litigation, or from this settlement, or from any other event which occurred prior to the date of this release, and we do further in consideration of such RELEASE - MORAN 6 KAMALA PATEL - PAGE 1 payment release, discharge, and acquit the City of Denton, its officers, elected officials, employees, agents, insurers, and attorneys, and Robert Cruz Lozano, and Joseph Arnold Emberlin, their respective families, relatives, insurers, and attorneys, of and from any and all claims under the Judgment heretofore rendered in this cause, and we do here and now declare such Judgment, as to the recovery awarded to us, to have been fully paid, discharged, and satisfied In further consideration, we represent that we have read this Release, or have had it read to us, that we are signing this Release without relying upon any statement or representation of any person or party released, or their representatives, concerning the nature and extent of our injuries, damages, and/or legal liability therefor, that acceptance of the consideration set forth herein is a full accord and satisfaction of disputed claims, and that we are signing this Release after consulting with, and acting upon, the advice of our attorney THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS WITNESS OUR HANDS this day of 1991 Kamala Patel Mohan Patel THE STATE OF TEXAS ) COUNTY OF This instrument was acknowledged before me on the day of 1991, by Mohan Patel and Kamala Patel Notary Public-State of Texas RELEASE - MOHAN 8 KAMALA PATEL - PAGE 2