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1990-027ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH DIANNE SCRUGGS; 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 Dianne Scruggs, providing for the settlement and compromise of the claim now pending 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 the4j day of 141604~ , 1990. RAY S H S, MAYOR ATTEST: JE NIFE ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Lmqa~ BY: THE STATE OF TEXAS § COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS COUNTY OF DENTON § For and in consideration of the sum of Twelve Thousand Nine Hundred Seventeen and 59/100 Dollars ($12,917.59) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, Dianne Scruggs does hereby release, acquit and forever discharge the City of Denton, Texas and all other persons, firms or corporations, whether named herein or not, his agents, employees, family members and insurers, all and each of them, of and from any and all actions, causes of action, claims (including subrogation claims), and demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of any and all personal injuries, pain and suffering, grief, bereavement, loss of consortium and companionship, mental anguish, loss of earning capacity and property damage, whether known or unknown and whether heretofore asserted or not, resulting or to result from the collision which occurred on or about June 19, 1989, in which Dianne Scruggs does hereby agree to indemnify and save harmless the said City of Denton, Texas of and from all further claims, including subrogation claims, demands, costs or expense arising out of the injuries and damages she sustained as a result of said incident. The undersigned understands and agrees that the amount paid under this agreement is in full satisfaction for all damages arising on account of the above described incident and that she will receive no further sums of money. The undersigned agrees to not assert or prosecute any further claims or lawsuits therefore against anyone whomsoever, whether or not herein or 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. It is expressly understood and agreed that Dianne Scruggs has already paid or will pay out of the aforementioned sum of Twelve Thousand Nine Hundred Seventeen and 59/100 Dollars ($12,917.59) all medical, doctors' and hospital charges received in the past or to be incurred in the future and that she will defend, indemnify and hold harmless the said City of Denton, Texas and all other persons, firms or corporations, of and from any claims for such charges, especially with reference to any liens under the Texas Hospital Lien Law. It is expressly warranted by Dianne Scruggs that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of any person or parties released to their representatives, concerning the nature and extent of the injuries, damages and legal liability therefore; that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim for which liability is expressly denied. This document contains the entire agreement of the parties hereto. The provisions of this release are contractual and not mere recitals. WITNESS my hand this 4 day of , 1990. THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acngwledged before me by Dianne Scruggs on this the ram` day of ~-iS Lk CLh 1990. Public, State of Texas my commission Expires: JEANETTE SCOTT n yJ NOTARY PUBLIC, STATE of TEXAS j~rE pF tf MY Commission Enos Mar. 31, 1!!3 PAGE 2