2006-122
ORDINANCE NO. .2tJ(}(;- /22
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
LITIGATION STYLED SHELDON BROMBERG V CITY OF DENTON, CAUSE NO. 2005-
40017-362, CURRENTLY PENDING IN THE 362ND DlSTRICT COURT OF DENTON
COUNTY; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEYS TO ACT ON
THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE
OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF
CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTNE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Compromise Settlement and Release
of All Claims attached hereto and made a part hereof, in litigation styled Sheldon Bromberg v.
City of Denton, Cause No. 2005-40017-362, currently pending in the 362nd District Court of
Denton County, Texas.
SECTION 2. The Interim City Manager and City Attorneys are hereby authorized to act
on the City's behalf in approving and executing any and all documents, and to take other actions
necessary, to finalize the settlement and release of claims.
SECTION 3. The Interim City Manager is hereby authorized to expend the funds in
accordance with the settlement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
rut 't!?
PASSED AND APPROVED this the 2 - day of ay~ , 2006.
c~A~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
;
.-..
"..
I
~
I
COpy
SHELDON BROMBERG,
Plaintiff
s
s
s
s
s
s
s
r f! t:. ().
'41._
, "
i -3 N14'
. ',!!!::-. . . 08
i ::'11~~' ~,':'-; 1';' j /1 r..,.
'... I ,~; C" -'!..It L """
~ t,!, D[;no) I fiN
' 1)'1 Co
IN THE DISTRICT COIIRT .. T X
--
. ~~"~'~''',"''4'f.t~.."...
CAUSE NO. 2005-40017-362
----:::rPlJr r
v.
362ND JUDICIAL DISTRICT
CITY OF DENTON, TEXAS,
Defendant
OF DENTON COUNTY, TEXAS
COMl'ROMISE SETTLEMENT & RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS:
That it is agreed by and between PLAINTIFF, Sheldon Bromberg, and the RELEASED
PARTY identified as the City of Denton, Texas (Defendant) 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:
Within 60 days of the execution of this settlement agreement, the RELEASED PARTY will
remove the existing switch box from the Sherwood Mobile Home Park, which is on the real
property located at 3750 Pockrus Page Road, Denton, Texas, 76208 (the "property''), and install a
rust-free flat plate type metal cover installed flush against the existing pad, and provide fill dirt and
sod, if requested by PLAINTIFF, to allow PLAINTIFF to slope the surrounding soil up to near the
height of tOO existing concrete pad. If such fill dirt and sod are requested, it is expressly agreed and
understood that RELEASED PARTY makes no warranty with regard to the adequacy of the design
or installation, or the impact that such fill may have upon drainage, and that PLAINTIFF assumes
all responsibility for the design, and any impact that it may have upon drainage. To the extent that
any of these activities require access outside the existing right-of-way or easements, PLAINTIFF
hereby grants a temporary license to RELEASED PARTY to access the site and perform the actions
set forth herein. Additionally, the RELEASED PARTY will pay to PLAINTIFF the total aggregate
sum of one hundred and noli 00 dollars ($100.00).
In addition, the RELEASED PARTY agrees that - with respect to the Electric Easement at
issue in this lawsuit entered into by the RELEASED PARTY and PLAINTIFF and recorded on
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAlMS _ PAGE 1
October 28,2003 - the RELEASED PARTY will not locate m above-ground switch or add-on
any other above-ground electrical componerts on the property, aside from normal maintenance on
existing electrical components on the property, for so long as (I) PLAINTIFF owns the property;
and (2) the use of the property does not change. PLAINTIFF and the RELEASED PARTY agree
that this settlement agreement is not transferable, and that any subsequent purchaser of the property
will not have standing to enforce the terms of this settlement agreement. Similarly, PLAINTIFF
and the RELEASED PARTY agree that if any subsequent purchaser of the property elects to take
legal action against the RELEASED P ARTY for claims concerning the Electric Easement or claims
growing out of or in any way connected with the incidents made the basis of this suit, as more fully
described in the pleadings on file, PLAINTIFF will NOT and does not indemnifY and will NOT and
does not save harmless the RELEASED PARTY of and from all such claims, demands, costs, or
expenses arising out of any injuries and damages sustained by any such subsequent purchaser of the
property or by any of his successors, assigns, or respective natural or adoptive family members or
relatives.
For and in consideration of said payment and other valuable consideration stated herein, the
receipt and sufficiency of which is hereby acknowledged, PLAINTIFF hereby fully releases,
discharges, and acquits the RELEASED PARTY from all actions, causes of action, 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, damage to reputation, fraud, trespass, mental
anguish, psychic injury, loss of wages, loss of profits, loss of money, damage to property, taking of
property, attorney fees, pre- and post-judgrnentinterest, and all other causes of action and damages
whether known or unknown, related to the incidents in question, and whether heretofore asserted or
not, owned or possessed by PLAINTIFF against RELEASED PARTY growing out of or in any
way connected with the incidents made the basis of this suit, all as more fully described in the
pleadings on file herein, to which reference E made for more complete description; any events or
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS _ PAGE 2
litigation connected witb or growing out of said incidents. PLAINTIFF hereby agrees to indemnifY
and save harmless tbe said RELEASED PARTY of and from all further claims, dernands, costs, or
expenses aris ing out of any injuries and damages sustained by PLAINTIFF or by any of his
respective natural or adoptive family members or relatives, as a result of said incidents; any of tbe
events connected witb, or growing out of, said incidents. Claims for breach of this settlement
agreement are not released by this settlement agreement.
PLAINTIFF understands and agrees tbat this agreement is in full satisfaction of all injuries
and damages of a disputed claim arising on account of tbe above described events, and that he will
receive no further compensation tberefrom. Further, neitber tbis Agreement nor tbe consideration
paid shall be construed as an admission of liability on the part of tbe RELEASED PARTY, by
whom liability is expressly denied. PLA1NTIFF agrees to not assert or prosecute any further claims
or lawsuits against tbe RELEASED PARTY related to clairns released, as described above. This
release is intended to constitute a general release by PLAINTIFF oftbe RELEASED PARTY of all
claims of any kind, known or unknown, related to tbe incidents in question. To tbe extent any
claims or causes of action have not been released by this settlement agreement, PLAINTIFF hereby
assigns tbose claims or causes of action to tbe RELEASED PARTY.
For and in consideration of PLAINTIFF'S disrnissal of this lawsuit and otber valuable
consideration stated herein, tbe receipt and sufficiency of which is hereby acknowledged, tbe
RELEASED PARTY hereby fully releases, discharges, and acquits PLAINTIFF from any and all
claims and/or causes of action and/or damages, whetber known or unknown, related to tbe incidents
in question, and whetber heretofore asserted or not, owned or possessed by tbe RELEASED
PARTY against PLAINTIFF growing out of or in any way connected witb tbe incidents made tbe
basis of this suit, all as more fully described in tbe pleadings on file herein, to which reference is
made for rnore complete description; any events or litigation connected witb or growing out of said
incidents. The RELEASED PARTY hereby agrees to indemnifY and save harmless tbe said
PLAINTIFF of and from all further claims, demands, costs, or expenses arising out of any injuries
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS _ PAGEJ
and dsmages sustained by the RELEASED PARTY as a result of said incidents; any of the events
connected with, or growing out of, said incidents or this settlement.
The RELEASED P ARTY understands and agrees that this agreement is in full satisfaction
of all injuries and damages of a disputed claim arising on account of the above described events,
and that it will receive no further consideration therefrom. Further, neither this Agreement nor the
consideration paid shall be construed as an admission ofliabiIity on the part of the PLAINTIFF, by
whom liability is expressly denied. The RELEASED P ARTY agrees to not assert or prosecute any
further claims or lawsuits against the PLAINTIFF related to claims released, as described above.
This release is intended to constitute a general release by the RELEASED PARTY of PLAINTIFF
of all claims of any kind, known or unknown, related to the incidents in question. To the extent any
claims or causes of action have not been released by this settlement agreement, the RELEASED
PARTY hereby assigns those claims or causes of action to PLAINTIFF.
Further, PLAlNTlFF expressly warrants that there are no outstanding unpaid property
damage subrogation claims and it is expressly understood and agreed that PLAINTIFF has already
paid or will pay all property damages associated with the property in question, and that PLAINTIFF
will defend, indemnifY, and hold harmless the said RELEASED PARTY, of and from the payment
of such subrogation claims.
PLAINTIFF further represents and warrants that the law firm of Thompson & Knight LLP
is the only counsel employed by him to represent him with regard to the aforementioned claim and
with regard to the advisability of entering into this Agreement, and PLAINTIFF has been fully
advised by said counsel regarding his rights and the execution of this Agreement. However, if there
are any other attorneys who have been employed by PLAlNTlFF in connection with claims arising
from this suit, then PLAINTIFF shall be responsible for these fees or claims and PLAINTIFF shall
INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTY HARMLESS for any such
attorney fees or claims made by the other attorneys.
PLA1NTIFF expressly warrants that that no member of his family has suffered any psychic
injury, mental anguish and/or damage to the familial relationship as a result of the events in question
COMPROMISE SEITLEMENT AND RELEASE OF ALL CLAIMS _ PAGE4
or as a result of PLAINTIFF'S alleged damages and injuries. PLAINTIFF agrees to defend, hold
harmless and indemnifY the RELEASED PARTY from the payment, and for the defense, including,
expenses, and reasonable attorney fees, of any and all such claims for loss of consortium, psychic
injury, mental anguish and/or damage to the familial relationship.
PLAINTIFF hereby represents and warrants to the RELEASED PARTY and to the Court
that no promises, representations or agreements not set out herein have been made to him; that this
Compromise Settlemert & 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
detemrined, and for which liability is expressly denied, and that this Compromise Settlement &
Release of All Claims is made of his own free will and accord after consulting with and acting upon
the advice of his attorney.
INDEMNTIY
PLAINTIFF AND THE RELEASED PARTY RELEASE AND GIVE UP ANY
CLAIM THAT EITHER HAS AGAINST THE OTHER RELATED TO THE INCIDENTS
IN QUESTION. THE PARTIES UNDERSTAND AND AGREE THAT THIS IS A FULL
AND FINAL GENERAL RELEASE, SETTLEMENT, AND INDEMNTIY AGREEMENT
FOR ANY MATTER OR THING DESCRIBED OR REFERRED TO HEREIN. THE
PARTIES AGREE THAT THIS GENERAL RELEASE, SETTLEMENT, AND
INDEMNITY AGREEMENT MAY BE PLEADED AS AN ABSOLUTE AND FINAL BAR
TO ANY AND ALL SUIT OR SUITS PENDING OR wmCH MAY HEREAFTER BE
PENDING OR PROSECUTED BY PLAINTIFF OR THE RELEASED PARTY AGAINST
THE OTHER, OR ANYONE CLAIMING BY, THROUGH, OR UNDER THE PARTIES,
AND PLAINTIFF AND THE RELEASED PARTY AGREE TO BRING NO FURTHER
ACTION OF ANY KIND AGAINST THE OTHER FOR DAMAGES ARISING FROM
THE INCIDENT DESCRIBED ABOVE, AND PLAINTIFF FURTHER AGREES TO
COMPROMISE SEITLEMENT AND RELEASE OF ALL CLAIMS _ PAGE 5
DEFEND, INDEMNIFY, AND HOW HARMLESS THE RELEASED PARTY FROM ANY
ACTION BROUGHT BY, THROUGH, OR UNDER PLAINTIFF, SEEKING TO
RECOVER DAMAGES DIRECTLY OR DERIVED FROM THOSE DAMAGES OR
CLAIMS THE PARTIES ARE CLAIMING AS A RESULT OF TillS INCIDENT.
THIS OBLIGATION TO INDEMNIFY, DEFEND, AND HOLD HARMLESS IS
BINDING UPON PLAINTIFF REGARDLESS OF THE CAUSE OF INJURIES OR
DAMAGES COMPLAINED OF OR OF FAULT. IT IS SPECIFICALLY AGREED THAT
PLAINTIFF SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE FOR ITS
OWN NEGLIGENCE, IF ANY, AS WELL AS THE NEGLIGENCE, IF ANY, OF ANY
OTHER PARTIES MENTIONED OR REFERRED TO IN TillS DOCUMENT,
RELATING TO INJURIES WHICH RESULTED FROM THE INCIDENTS MADE THE
BASIS OF THIS SUIT, FROM ANY CAUSE OF ACTION BROUGHT BY, THROUGH OR
UNDER THE PARTIES. THE PARTIES FURTHER AGREE THAT THIS GENERAL
RELEASE, SETTLEMENT, AND INDEMNITY AGREEMENT SHALL BE CONSTRUED
UNDER THE LAWS OF THE STATE OF TEXAS.
AND FOR THE SAME CONSIDERATION, PLAINTIFF AND THE RELEASED
PARTY SOLEMNLY STATE AND AFFIRM: THAT TillS GENERAL RELEASE,
SETTLEMENT, AND INDEMNTIY AGREEMENT IS NOT BEING MADE BECAUSE OF
ANY PERSUASIVE STATEMENT OR REPRESENTATION BY ANYONE
WHOMSOEVER OR FOR ANY REASON OTHER THAN THE PAYMENT AND
CONSIDERATION STATED HEREIN, AND THAT TillS GENERAL RELEASE,
SETTLEMENT, AND INDEMNITY AGREEMENT IS MADE BY THE PARTIES WITH
FULL KNOWLEDGE THAT THE PARTIES' INJURIES MAY NOT BE FULLY
UNDERSTOOD BY THE PARTIES AT TillS TIME, AND THAT NO RECOVERY ON
ACCOUNT OF THE MATTERS DESCRIBED HEREIN MAY HEREAFTER BE HAD
FROM ANYONE WHOMSOEVER PLAINTIFF AGREES THAT THE MONEY PAID
COMPROMISE SElTLEMENT AND RELEASE OF ALL CLAIMS. PAGE 6
FOR TillS GENERAL RELEASE, SETTLEMENT, AND INDEMNITY AGREEMENT IS
NO ADMISSION OF LIABILITY AND PLAINTIFF WILL NEVER CLAIM THAT IT IS.
FOR THE SAME CONSIDERATION, it is agreed that the above-styled suit will be
dismissed with prejudice to refiling the same, and that costs of court will be taxed to the party
incurring the same.
If any provision of this Settlement Agreement is or may be held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless survive
and continue in full force and effect without being impaired or invalidated in any way.
Although originally drafted by attorneys for the RELEASED PARTY, 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 meaIring 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 and supersedes all prior
written or oral agreements. This settlement agreement may not be amended, altered, modified or
changed in any way except in writing signed by all the parties to this settlement agreement. This
settlement agreement shall be governed and construed in accordance with the laws of the State of
Texas, except that any conflict of law rule of that jurisdiction that may require reference to the
laws of some other jurisdiction shall be disregarded. THE PROVISIONS OF THIS
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE CON1RACTUAL AND
NOT MERE RECITALS.
This agreement may be executed in identical counterparts or copies and/or on separated
signature pages and/or by facsimile transmission, any or all of which when taken together shall be
deemed an original for all purposes and all of which shall constitute one and the same agreement.
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS. PAGE 7
04/18/2006 lO:JS fAX Z14 ~~~ 1r~1
IHu~r~UN & ~N!aNI
lffJ VYf:.( V v..:
C&6:./(\lD...
THE STATE OF 'nlX&S )
Lc6~tW5
COUNTY OF QLIiIf '. )
This instrument was aclcnow~ before me on the \ ~ day of April, 2006, by Sheldon
Bromberg.
My Commission Expires:
'iLL, (j ~W a.cbul t0M~m.e.J:-
Notary Public-Stale of CllIifomia
THE STATE OF tEXAs )
)
COUNTY OF Den...tb.--. )
This instnunqat was acknowledged befo~ me on th?J'~ day of ~2006, by thl City of
Denton, Texas, by J:h}"'a....,\ (VV...r<f\'A.
By:
.5t~hWu.:uCJ ~~~~~~
Norary lie-SIBle ofTexas
My COmmission Expires:
~ q/";;)-oDl.Xf
COMtlOMlSE U'TTUMENT A}/l) REUASl:Qf All aAlMS_'40E ,
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On Ap~,~ l~ , 2006, before me ,j/ Ll13\'T)l)~fd , a Notary
Public in and for said State, personally appeared SHELDON BROMBERG, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand an
seal.
~ - - - - - ~IL~~~O- -I
@ Commiuion..135Q9n z
~' Notary Public - eanrnmla ~
~ Los Angelos County f
_ _ _ ~~:..~~Ju~7.:..2~