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1989-0992740L NO j9 _OR9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT WITH RUBEN AND MARY GONZALES, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Compromise Settlement and Release Kgreement between the City of Denton and Ruben and Mary Gonzales, 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 imme ate y upon its passage and approval PASSED AND APPROVED this the L- day of , 1989 RAY H ' mp UK ATTEST / E APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY LL-Q?~~ THE STATE OF TEXAS § COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS COUNTY OF DENTON § For and in consideration of the sum of Ten Thousand, Five Hundred Dollars ($10,500 ) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, Ruben Gonzales and Mary Gonzales do 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 March 18, 1989 in which, we do 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 sustained by them as a result of said incident The undersigned understand and agree 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 agree 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 Ruben G tzaofs tand he out Mary Gonzales have already paid or will pay aforementioned sum of Ten Thousand, Five Hundred Dollars ($10,500 ) all medical, doctors' and hospital charges received in the past or to be incurred in the future and that they 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 RUBEN GONZALES Page Two it is expressly warranted by Ruben Gonzales and Mary Gonzales 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 i.n7uries, damages and/or legal liability therefore, that acceptance consideration of the 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 ~I day of a~ - 2~' 1989 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me b Ruben Gonzales and Mary Gonzales on this the 316j day of ~rry LINDA HOLLEY Notary Public * * STATE OF TEXAS of ry Public, ~tate~Texas Ap,1 4 My Comm Exp Dec 4 1989 My 2 J A" Ruben Gonzal