1991-173ORDINANCE NO r
4?
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE SETTLE-
MENT AND RELEASE AGREEMENT WITH FERNANDO MARTINEZ, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Compromise Settlement and
Release Agreement between the City of Denton and Fernando Martinez,
providing for the settlement and compromise of the claim now pend-
ing between the parties is approved in accordance with its terms,
and the City Manager is authorized to execute the agreement and all
other documents and make the payments and take such action as is
necessary to comply with the terms of said agreement
SECTION II That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the day of 1991
CASTLEBERRY,
ATTESTS
, CITY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
RELEASE IN FULL OF ALL CLAIMS
ECCO 08] D
FOR AND IN CONSIDERATION of the
the sum of thirteen thousand
hereby aiLjjy(yledSV ~Ifi,~gg of lawful age do hereby release acquit and forever discharge
lars (S
the receipt of which is
e and The
and any other persons firms or corporations of and from any and all actions causes of action claims demands damages costs loss of service ex
penses and compensation on account of of in any way growing out of any and all known and unknown personal injuries and property damage resulting
of to result from an accident that occurred on or about the 23rd day of March 19 91 at or near
Denton, Texas
I/we do hereby declare and represent thatthe injuries sustained are permanent and progressive and that recovery therefrom is uncertain and indef
irate and in making this release ihs understood and agreed that I/we rely wholly upon my/our own judgment belief and knowledge of the nature ex
tent and duration of said injuries as well as the liability questions involved and the I/we have not been influenced to any extent whatsoever in
making this release by any representations of statements regarding said injuries or liability or any other matters made by the persons firms or cor
porations hereby released or by any person(s) representing or acting for him or them or by any physician or surgeon by him or them employed
It is further understood and agreed thatthis settlement is in FULL SATISFACTION OF ALL DAMAGES of a doubtful and disputed claim and that
the payment of said sum is not to be construed as an admission of liability on the part of the above party/parties released and discharged by whom
liability is expressly denied
THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THIS IS IN FULL SATISFACTION FOR ALL DAMAGES ARISING ON ACCOUNT OF
THE ABOVE DESCRIBED ACCIDENT AND WILL RECEIVE NO FURTHER SUMS OF MONEY AND THAT THE UNDERSIGNED AGREES TO NOT
ASSERT OR PROSECUTE ANY FURTHER CLAIMS OR LAWSUITS THEREFOR AGAINST ANYONE WHOMSOEVER WHETHER OR NOT HEREIN
OTHERWISE NAMED DESCRIBED OR IDENTIFIED ANY AND ALL CLAIMS AGAINST PARTIES NOT SPECIFICALLY RELEASED HEREIN IF
ANY ARE HEREBY ASSIGNED IN FULL TO THE PARTIES HEREBY RELEASED
This release contains the ENTIRE AGREEMENT between the parties hereto and the terms of this release are contractual and not a mere recital
1/we further statethat I/we have carefully readthe foregoing release andknowthe contents thereof and I/we sign thesame as my/our own free act
WITNESS C ~ hand and seal this the-9day of 199-Z
In presence of
WITNESSES TO SIGNATURES
State of
County of
0 t is day of y
~t c i to
foregoing instrument ande-j "Z!Z acknowledged that-
My term expires 14' to
inez
O` CAUTION? 'W
Read b~/efore igmng
I L-.1~-✓t 4'.,CYC7 `(S. al)
2 (seal)
19-f-/, before me personally appeared
me nown to be the person- described herein, and who executed the
voluntarily axe uteri the same
"1172 H n1
NOrnryptn I rc o ,
I xis
4Y~A
(ff this release 1s acknowledged before a Notary J?58}(cr rre~ip neaseaf elQ~i~'f11fd5~gtanec{~p.a u 1
':E`/ oc row }i 1 199
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