24-326ORDINANCE NO. 24-326
AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASEIMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED “ STATEFARM MUTUAL AUrOMOBiLE INSURANCE COMPANY AS SUBROGEE OF ANTONEE
BEAN r CITY OF DENTON ; ” CAUSE NO. CV-2024-00042, PENDING IN THE DENTONCOUNTY COURT AT LAW NO. 2, DENTON COUNTY, TEXAS; AND DIRECTING THECITY MANAGER OR DESIGNEE AND THE CITY’S ATTORNEYS TO EFFECTUATE ASNECESSARY AND APPROPRIATE THE TERMS OF A SETTLEMENT AGREEMENT ANDRELEASE TO EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTIVEDATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby ratifies and approves the proposed settlement of
litigation styled “State Farm Mutual Automobile Insurance Company as Subrogee of Antonee
Bean v. City of Denton; ” Cause No. CV-2024-00042, pending in the Denton County Court at Law
No. 2, Denton County, Texas, under terms set forth in the attached Settlement Agreement andRelease
SECTION 2. The City Manager or designee and the City’s Attorneys are hereby authorizedto act on the City’s behalf in approving and executing any and all documents necessary or
appropriate to effectuate the terms of the settlement, and to take other actions necessary to finalizethe settlement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
„,,,d,T£yml ? TELI:=S
by the following vote LL ql :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:J
1/J
,/
\/aJ
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the 20+- day of £brubf y , 2024.
ammt{UDI
ATTEST:
JESUS SALAZAR, CITY SECRETARY 1\\\ tIll III//DENT
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY. PaM (+). data+%zu
EXHIBIT “ A”
Settlement Agreement and Release
/
NO. CV-202+00042
STATEFARM MUIUAL AuroMOBUE ! at Ti{ECOUNrY COURTiNsuRANaB COMPANY AS §SUBROGEE OFANrONEEBEAN, ' SPhintiE, g
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6g DENTONCOUNFY, TEXAS
COMPROhasE SETrLEhEBNr AGREEMENT AND REIEASE
Ye AT LAW NO. 2
aN OF DwroN.Defendant
STATE OF TD(AS
COUNIY OF DmfroN
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nbIOW ALL MEN BY THESE PRESEbas:
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1. ' That I, Bjake Landon, whose title is Attorney and Authorized Representatjvg of
State Farm Mutual Automobile Insurance Company, the undersigned authorized representative
of .State Fann Mutual Automobile Insurbnoe Company as-Subrogw ofAntonw Bean for and in
consideration of the sum of SEVEN THOUSAND AND ONE HUNDRED AND NINBW-ONE
DOLLARS AND 57/100 ($7,191.57) ash paid to Carpenter & Schwracher, P.C. as attorneys
for State Farm (hereinafter “State Fann”) by the City of Denton, the rwoipt of which is-hereby
acknowledged, do by these prcsalts a1knowledge the fun and complete settlement of State
Farm’s subngation claim against the City of Denton, which inoludw Antonw B un’s property
damage deductible, reimbw#ment for car seats, and outof-pocket expenses rdmbutsed by State
FaIn, abd hereby rel msn and forever disctwg® Amet Bfantley IV add the City of Dw&)n,
flour any and all dam8ges sustained bj State Farm resulting Bom the automobile' accident
between Anton% Bean and Jeremy Black, an employee of the City of Denton, on or about
January 11, 2023, at or near Denton, Teias, which allegations are set out more fUlly in PlaintifFs
Original Petition in this matter filed in the County Court at Law No. 2 in Denton County.
COMPROMISE SETTLEWNr AGREEMENT AND RELEASE Page 1 of 5
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2. It is the intention of the undersigned to aeknowledge the satisfwtiar in full of
all damages of any nature whatsoever which have onuneci to State Fumas8nsuk of the above
descrR8d accident, whether fully dweloped at this time or not it is rmderstood that the
considerations stated cover the contingencY of a greater or lesser damage to State FRan, whether
known or unknown at this time, fully developed or otherwise.
3. As fUrther consideration for payment of said sum, State Farm hneby agnes to
plotwt, indemnify, and hold harmIng the City of Denton, ang .its oHicns or employew eDm any
claizr for davugw, and to nimburse or to make good any loss, damage, or cost (including
attomeyls few) that the City of Denton may have to pay if any fuILer litigation arises Born any
property damge claims made by or through State Farm Mutual Automobile Insurance
Company, including Anton@ Ban’s property damage deductible, nsulti.ng Born the accident
desuibed in Paragraph 1 above.
4. State Fam warrants and npnnnts that it is the sole owner of the claims and
causes of action asserted and such claims have not been furtllu assigned, sold, pledged or
otherwise encumbend in arT way.
5, it is further rmdustood that this settlement is a oompa)mise of a disputed claim,
and that payment is not to be construed as an admission of liability on the part of the City of
Denton, and its oBicer8, 8gent5, or employees by whom liability is expressly denied.
6. For the aforwaid consideration, the State Farm further agrees disaliss with
prejudice Cause No. CV-2024-00042, pending in the County Court at Law No. 2 in Denton
County, Texas, styled "State FmIn Mutual automobile Insuratoe Company as Subrogee of
Antorree Bear n City of Denton. ” All claims State Farm as Subrogee of AntorIee Ban has in
such wit being bueby rel used by the undersigned as authorized repraentative of State Farm.
COMPROMISE SETFLEMENFAGRFIF;MENT AND RELEASE Page 2 or 5
7. It is understood and agreed that this ReIuse contains the entire 8greernmt
tntwwn the parties and supermdes any and all prior agreemaats, 8nhgements, or
understandings between the parties rel8tiag to the subj<# matter. No oral -undentaddings,
sbtements, prornises or inducements oontlmy to the tems of this Release mists. This Release
cannot be dhangul or terruin8tBd orally.
8. In making this agreement of compromise and settlanent, State Farm 1185 not
relied upon any statement or npnsentntion pertaining to this matter made by the persons, arms,
organizations Qr corporation? who are henby,released, or by any person or perloIls repTwenting
than.
9. It is understood and agreed that this Release shall be binding upon and intire to
the benefit of the partia and their wspwtive hein, npnsentadve s, suwwsors and assigns.
10. It is understood and agreed that this Release shall be governed by, construed and
enforced in accordan@ with, and subject to, the laws of the State of Texas.
11. It is understood and agreed that this Release may be executed in a number of
identical couaterputs, each of which shall be deemed an original for all purposes.
12. The undersigned, as authorized representative of State Farm as Subrog@ of
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AntoIne Bm, further states that in mtedng into this Settlement Agwemmt and Release, State
Farm has relied upon the legal advice of its attorney, who is the attorney of its own choice, and
that the terms of this Settlement Agnemmt have been completely read and explained to the
undersigned by State Farm’s attorney and that the tems are fully mdustood and voluntarily
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accepted by the undersigned, as authorized npresent8tive of State Farm.
COMPROMISE SFFTLEMENIF AGREEMENT AND REI IEASE Page 3 of 5
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PLABfrUF SIa{ATURE:
IJ-.05ATroRNEY AND AUTHORIZEDiiFRESENTATWE OFSTATE FARM MUrUAL AWDMOBnEINSURANCE CONnANY NSIOANrONEE BEAN
Date of Signature:February 5th, 2024
UNSWORN DECLARATION
My name is Blake Landon, my date of birth is January 9, 1991, and my once 8ddIws is
2500 Dallas Pwkwaj, Suite 495, Philo, Texas 75093. 1 amIn tudor the penalty of perjury that
the forgoiag is Que aId want.
Executed in Collin ClilaIty, Twas, on February 561, 2024.
/s/ Blake Landon
FORMAPPROvm AS TOA
BLAKE LANDON
coBUPROBasE SETTLEMENT AGREEmENT AND RELnASE Page 4 of 5
CITY OF DENrON, TEXAS
Date ofSigmtun:
Per delegated authority
BEFORE ME, the undersigned authority, on this day personally appeared Sara BaIsley,
known to me to tn the person whose name is subscdbed to the foregoing instrument, who is
personally known to me or by providing u qualifying idmtification.
VqWd IH? MY W4fND SEAL OF OFFICE THIS DAY OFtUb
teH RHWRDSa
+UIDlt3t BaHtB+uUHBtl,ala
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blott m
APPROVED AS TO LEGAL FORMMACK REINWAND, CITY ATIORNEY
BY: Du'hQ' abI'-4d4hDevin Q. Alexander
COMPROMISE SETrLEMENr AGREEMENT AND RELEASE Page 5 of 5