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1991-182e \boydsetlo ORDINANCE NO -J- _19X__ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT OF THE CITY OF DENTON'S SUBROGATION CLAIM IN DOUGLAS ,A BOYDSTON ET AL V CHRYSLER CORPORATION, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Compromise Settlement Agreement of the City's subrogation claim pending in the United States District Court for the Eastern District of Texas, Sherman Division, in the cause styled Douglas A Bovdston et al v Chrysler Corpo- ration, Civil Action No 4 90CV-183, is approved in accordance with its terms The City Manager is authorized to execute the agreement and all other documents and receive payment and take such action as is necessary to comply with the terms of said agreement SECTION II That this ordinance shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this the /1day of Aex, 1991 BOB CASTLEBERRY, MA ATTEST JENNIFER WALTERS, CITY SECRETARY BY j 1. Ali. APPROVED IS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION DOUGLAS A BOYDSTON and SUSAN K BOYDSTON Husband and Wife, and BRIAN J HORN Plaintiffs vs CHRYSLER CORPORATION Defendants CIVIL ACTION NO 4 90CV-183 FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT WHEREAS, as a result of an automobile accident on or about August 14, 1988, DOUGLAS A BOYDSTON and BRIAN J HORN suffered personal injuries, and WHEREAS, DOUGLAS A BOYDSTON and BRIAN J HORN, were employees of the CITY OF DENTON Whereby said employer paid certain hospital or medical expenses for injuries in said accident, and WHEREAS, DOUGLAS A BOYDSTON, SUSAN K BOYDSTON and BRIAN J HORN (hereinafter referred to as Plaintiffs filed a lawsuit in the 362ND Judicial District of Denton County, Cause No 90-40463-362, styled DOUGLAS A. BOYDSTON. SU§AN K. BOYDSTON and BRIAN J. HORN V. CHRYSLER CORPORATION, and WHEREAS, in this lawsuit, Plaintiffs alleged several FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 1 causes of action against CHRYSLER CORPORATION (hereinafter referred to as Defendant including, but not limited to, negligence, strict liability in tort breach of express and implied warranties, gross negligence, and violation of the Texas Deceptive Trade Practices Act, and WHEREAS, the case was removed to the United States District Court For The Eastern District Of Texas, Sherman Division and given Civil Action No 4 90-CV-183, and WHEREAS, the CITY OF DENTON intervened in said lawsuit alleging a subrogation interest and reimbursement for payment of hospital or medical payments in behalf of DOUGLAS A BOYDSTON and BRIAN J HORN, and WHEREAS, Plaintiff-Intervenor, CITY OF DENTON, has agreed upon a full and final settlement and compromise of any and all claims, demands, damages, controversies, liabilities, obligations, debts, and causes of action that may or might have arisen or that could arise in the future against Plaintiffs and Defendant or any of the parties released herein out of the allegations that form the basis of those claims brought in it's intervention Civil Action No 4 90-CV-183, or Cause No 90-40463-362 as more fully described in Plaintiff's and Plaintiff-Intervenor's pleadings filed with the Court NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 2 that Plaintiff-Intervenor, CITY OF DENTON does hereby forever release, remise, acquit, discharge and covenant to hold harmless DOUGLAS A BOYDSTON, SUSAN K BOYDSTON and BRIAN J HORN, JEEP CORPORATION, JEEP EAGLE CORPORATION, JEEP EAGLE SALES CORPORATION, CHRYSLER CORPORATION, CHRYSLER MOTORS CORPORATION, AM COMPUTER LEASING CORPORATION, and their insurers, parent companies, subsidiaries, affiliates, agents, distributors, wholesalers, retailers, component part manufacturers and sellers, employees, servants, directors, officers, shareholders, successors and assigns, attorneys, and all other persons, firms, corporations, entities, or organizations (hereinafter collectively referred to as the Released Parties ) that might in any manner be liable to Plaintiff-Intervenor, CITY OF DENTON for any and all claims, demands, damages, controversies, liabilities, obligations, debts, and causes of action, whatsoever the nature, known or unknown, foreseeable or unforeseeable, past, present, or future, arising directly or indirectly out of the payment of any and all hospital or medical bills, either in the past, present or future in behalf of DOUGLAS A BOYDSTON and BRIAN J HORN as a result of injuries sustained in the August 14, 1988 accident For and in consideration of the agreement by Plaintiff-Intervenor as set forth above, Plaintiffs, on FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 3 behalf of themselves and the other Released Parties herein agree to pay to Plaintiff-Intervenor the total lump sum of Seventeen Thousand Five Hundred and No/100 Dollars ($17,500 00), to be paid concurrent with the execution of this release to the CITY OF DENTON By signature of its representative(s), the CITY OF DENTON does hereby acknowledge that the payment of the aforementioned consideration, the receipt and sufficiency of which is hereby acknowledged, is a full, final, and complete satisfaction, settlement, release, and discharge of any and all liability whatsoever on the part of DOUGLAS A BOYDSTON, SUSAN K BOYDSTON, BRIAN J HORN, CHRYSLER CORPORATION and the other Released Parties that might in any manner be liable to the CITY OF DENTON by reason of any condition, cause, or thing in any way connected with or arising out of the allegations that form the basis of the CITY OF DENTON'S Intervention lawsuit and/or the incident on August 14, 1988, as more fully described in the pleadings filed with the Court The CITY OF DENTON further WARRANTS AND REPRESENTS that no part of any cause or claim hereby released has been transferred or assigned to anyone, in addition, any and all causes or claims against parties not specifically released herein, if any, are hereby assigned in full to the Released Parties FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT PAGE - 4 The CITY OF DENTON FURTHER AGREES and hereby REPRESENTS that during its administration of hospital or medical insur- ance benefits that all hospital and medical bills, costs, liens, resulting or arising from the occurrence in question that have been received by the City have been paid or will be paid if qualified under the City plan and DOUGLAS A BOYDSTON and BRIAN J HORN represent and warrant that all hospital and medical bills resulting from the occurrence in question have been paid or presented to the City for payment The CITY OF DENTON FURTHER WARRANTS AND REPRESENTS that DOUGLAS A BOYDSTON and BRIAN J HORN shall be afforded access to the City's group health insurance program on the same terms and in the same manner as other City employees The CITY OF DENTON FURTHER AGREES that this settlement agreement shall not be interpreted as an admission of liabil- ity on the part of any of the Released Parties, but liability is expressly denied, the sum being paid by way of compromise to avoid expenses and to terminate all controversies as to all parties, regardless of the extent of the damages and expenses The CITY OF DENTON FURTHER AGREES AND UNDERSTANDS that the above-stated consideration is the sole consideration for this Full and Final Release and Settlement Agreement and that the consideration stated is contractual and not a mere FULLiAND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 5 recital that all agreements and understandings of all parties are embodied and expressed herein, and that no representation of any kind has been made to it with respect to this settlement by the Released Parties, or any other person, firm association, or corporation on their behalf The CITY OF DENTON FURTHER AGREES that all parties shall bear their own costs of court and attorneys' fees and that the CITY OF DENTON will request that the Court dismiss all claims that were or could have been brought in the referenced lawsuits Further, the CITY OF DENTON agrees to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Full and Final Release and Settlement Agreement In the event of any dispute regarding this settlement agreement or the above-referenced lawsuit, any such dispute shall be resolved in conformity with and by the application of Texas law THE CITY OF DENTON, BY THE SIGNATURES BELOW, CERTIFY THAT IT OR ITS REPRESENTATIVES HAVE READ THIS FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT, AND FULLY UNDERSTAND ITS MEANING AND IMPORTANCE AND HAVE DISCUSSED THIS SETTLEMENT WITH ITS ATTORNEYS IN THIS MATTER THE CITY OF DENTON UNDERSTANDS THAT THE MONEY PAID TO IT BY THE RELEASED FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT PAGE - 6 PARTIES, IS THE ENTIRE AMOUNT IT WILL EVER RECEIVE FROM THE RELEASED PARTIES AS A RESULT OF ITS INTERVENTION LAWSUIT AND ALLEGED SUBROGATION INTEREST THE CITY OF DENTON UNDERSTANDS THAT IT IS GIVING UP ANY CLAIM FOR ANY SUBROGATION INTEREST FOR PRESENT MEDICAL OR HOSPITAL EXPENSES PAID AND THAT IT IS ALSO GIVING UP ANY CLAIM FOR ANY SUBROGATION INTEREST FOR MEDICAL OR HOSPITAL EXPENSES THAT MAY ARISE IN THE FUTURE THE CITY OF DENTON FURTHER UNDERSTANDS THAT THE MONEY PAID AS REFERENCED HEREIN CONSTITUTES MONETARY CONSIDERATION FOR SUCH FUTURE SUBROGATION INTEREST FOR MEDICAL OR HOSPITAL EXPENSES IF ANY, OF WHICH MAY ARISE OUT OF OR RELATE TO THE AUGUST 14, 1988 ACCIDENT IN WITNESS WHEREOF, WE HAVE HEREUNTO SIGNED OUR NAMES THIS THE (SAY OF 1991 PLAINTIFF- CITY OF DE STATE OF TEXAS ) COUNTY OF DENTON ) BEFORE ME, the undersigned authoorrity, on this day personally appeared ~~/CL[/l2JldJCY who being deposed and duly sworn stated upon his oath that he is the of the CITY OF DENTON and FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT PAGE - 7 that he executed the foregoing instrument in behalf of the CITY OF DENTON and that he executed the same for the purposes and conside- ration therein expressed and in the capacity therein expressed Given under my hand and seal of office this the day of November, 1991 m.v.a..n.o.aa.me+.e.o fO1~pY F JENN~IFpERRyyrK WAITERS r N i STATE OF TEXAS My CWWMW 9008 DeeerNW 10 1094 O AR JPBLIC; STATE OF TEXAS DOUGLAS A BOYDSTON, PLAINTIFF -D-OUgl4Zt A°B ston STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared Douglas A Boydston, who being deposed and duly sworn stated upon his oath that he is one of the plaintiffs in the above- referenced cause, that he executed the foregoing instrument and that he executed the same for the purposes and consideration therein expressed and in the capacity therein expressed Given under my hand and seal of office this the day of r! U1yN ~,..,I 1991 ~j `'lx(-/-v 'NOTAAY PUKE CT 8TA EoOf TEMa COmm1lNOn EAplrn Mar 311"3 ARY PUBLIC, STATE OF TEXAS FULL AND FINAL RELEASE AND SETTLEMENT AGREEEMNT PAGE - $/FINAL BRIAN J HORN, PLAINTIFF Brian H n STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared Brian J Horn, who being deposed and duly sworn stated upon his oath that he is one of the plaintiffs in the above- referenced cause, that he executed the foregoing instrument and that he executed the same for the purposes and consideration therein expressed and in the capacity therein expressed Given under my hand and seal of office this the Iq 11L day of ,NGV441t 1991 Py p Oh'~A41-7~~ JEANETTE SCOTT ARY PUBLIC, STA E OF TEXAS ' NOTARY PUBLIC STATE OF TEXAS " T NT Cemm116" Expires Aar 31 1993 FULL AND FINAL RELEASE AND SETTLEMENT AGREEEMNT PAGE - 9/FINAL