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