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2009-080ORDINANCE NO. 209- AN ORDINANCE APPROVING A COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS BETWEEN DOROTHY FARRIS AND THE CITY OF DENTON FOR SETTLEMENT OF A CLAIM; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ACTIONS NECESSARY TO FINALIZE SETTLEMENT OF THIS CLAIM; AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS IN THE AMOUNT STATED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the proposed Compromise Settlement & Release of All Claims between Dorothy Farris and the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or his designee, and the City's Attorneys are hereby authorized to act on the City's behalf in approving and executing any and all documents necessary or appropriate to effectuate the terms of the settlement, including the expenditure of budgeted funds in the amount stated therein, and to take other actions necessary to finalize the settlement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. ~L PASSED AND APPROVED this the 7- day of~ '2009. A. B GVS; MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY COUNTY OF DENTON § STATE OF TEXAS § COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That it is agreed by and between CLAIMANT, Dorothy Farris, and the RELEASED PARTIES, identified as the City of Denton, Texas, and its past, present, and future officers, elected officials, employees, agents, and attorneys (all in both their official and individual capacities), and their respective insurers, and those in privity with any of them, as follows: 1. The RELEASED PARTIES will pay to CLAIMANT the total aggregate sum of one hundred seventy five thousand dollars ($175,000.00), the receipt and sufficiency of which is hereby acknowledged. 2. For and in consideration of said payment, CLAIMANT, hereby fully releases, discharges, and acquits the RELEASED PARTIES, from, and agree that the sum so paid shall be in full and final satisfaction and compromise of, all actions, causes of action, and claims (including subrogation claims, claims for contribution or indemnity as to money paid in connection with this settlement, and demands) on account of, or in any way growing out of, any and all negligence, intentional misconduct, violation of Constitutional or statutory rights, conspiracies, breach of any duty of good faith and fair dealing, death, personal injuries, damage to reputation, pain and suffering, grief, bereavement, loss of consortium, loss of companionship, damage to familial relationship, mental anguish, psychic injury, loss of earning capacity, loss of household services, loss of wages, loss of profits, loss of money, damage to property, taking of property, attorney's fees, pre- and post judgment interest, and all other causes of action and damages, whether known or unknown, and whether heretofore asserted or not, owned or possessed by said CLAIMANT against any of said RELEASED PARTIES, growing out of, or in any way connected with: an incident that occurred on or about November 19, 2007 in the 700 block of North Locust in Denton, Texas, 1 connected with or growing out of said incident or this settlement; or any event which occurred prior to the date of this settlement. CLAIMANT does hereby agree to indemnify and save harmless said RELEASED PARTIES of and from all further claims, demands, costs, or expenses arising out of any injuries and damages sustained by CLAIMANT, or by any of her respective natural or adoptive family members or relatives, as a result of said accident, any of the events connected with, or growing out of, said incident or this settlement, including any event which occurred prior to the date of this settlement. 3. CLAIMANT understands and agrees that the amount paid under this agreement is in full satisfaction of all injuries and damages arising on account of the above described events and that she will receive no further sums of money therefrom. CLAIMANT agrees to not assert or prosecute any further claims or lawsuits therefor against anyone whomsoever, whether or not herein or otherwise named, described or identified. Except for claimant's claim against Ruby Franks, any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released. 4. Further, CLAIMANT expressly warrants that there are no outstanding unpaid hospital liens, Medicare liens, Medicare or medical insurance subrogation claims, or property damage subrogation claims, and it is expressly understood and agreed, and a material element of this Agreement, that CLAIMANT has already paid or will pay out of the aforementioned sum of one hundred seventy five thousand dollars ($175,000.00) all property damages and medical, doctors' and hospital charges received in the past, or to be incurred in the future, and that CLAIMANT will defend, indemnify, and hold harmless the said RELEASED PARTIES, of and from the collection or payment of such subrogation claims, Medicare liens and hospital liens (especially with reference to any liens under the Texas Hospital Lien Law, as well as the statutes and regulations associated with the Medicare Secondary Payer program, 42 USC§1395y(b) and 42 CFR 411). 5. CLAIMANT also expressly warrants that no member of her family has suffered any psychic injury, mental anguish and/or damage to the familial relationship as a result of the events in question or as a result of CLAIMANT'S alleged damages and injuries. CLAIMANT agrees to defend, hold harmless and indemnify the RELEASED PARTIES from the payment, and for the defense, including, expenses, and reasonable attorney's fees, of any and all such claims for loss of consortium, psychic injury, mental anguish and/or damage to the familial relationship. 6. CLAIMANT hereby represents and warrants to the RELEASED PARTIES that no promises, representations or agreements not set out herein have been made to her, that this Compromise Settlement & Release of All Claims is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefor, that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim, which is incapable of being exactly determined, and for which liability is expressly denied, and that this Compromise Settlement & Release of All Claims is made of her own free will. 7. Although originally drafted by attorneys for the RELEASED PARTIES, this Compromise Settlement & Release of All Claims is a contract which is the product of negotiations between the parties and attorneys for the parties and which shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against either party. This document contains the entire agreement of the parties hereto. 8. THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE CONTRACTUAL AND NOT MERE T S. WITNESS OUR HANDS thi day , 2009. Dorothy Farris Claimant 3 G._- eo ge C. Campbell, City Manager City of Denton Approved as to Legal Form: ~X'zc _7 Man k Lyle Attorney f~r Claimant City Attorney STATE OF TEXA § COUNTY OF ENTON § Before me on this day personally appeared Dorothy Farris known or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowle d to me that she executed the same for the purposes and consideration therein e,~ pressed. ~J Given under my hand and seal of office this , day 20 AVA WATSON My COMMISSION EXPIRES Augus120, 2011 STATE OF TEXAS COUNTY OF DENTON )Y2--~ Notary Before me on this day personally appeared George Campbell, City Manager for the City of Denton, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 2009. Given under my hand and seal of office this JANE E. RICHARDSO Notary Public. State of Texas - My Commission Expires June 27, 2009 &Aoff Don-t caW ideoMsisNasedw / day of 1C1dA6&f1L'11- Ncffary Public