Loading...
HomeMy WebLinkAboutResolution - 2021-R0187 - Settlement Agreement with Christman CableResolution No. 2021-R0187 Item No. 6.9 May 25, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute i and on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of Claims in Cause No. 2019-537,848, 237th District Court of Lubbock County, Texas styled City Lubbock v. Christman Cable, Inc., and related documents. Said Agreement is attached her( and incorporated in this resolution as if fully set forth herein and shall be included in the minus of the City Council. Passed by the City Council on May 25, 2021 Lam--•' Y DANIEL M. POPE, MAYOR ATTEST: Rebecc Garza, City Secr a APPROVED AS TO CONTENT: W. Ja ett Atkinson, City Manager APPROVED AS TO FORM: _/,;21,4�� Jef�P I r s 1 Deputy City Attorney vw:ccdocs/RES.Settlement Agrmt-Christman Cable, Inc. Resolution No. 2021-R0187 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Compromise Settlement Agreement and Release of All Claims ("Settlement Agreement") is entered into by and between the CITY OF LUBBOCK, TEXAS ("City"), and CHRISTMAN CABLE, INC. ("Christman"). RECITALS WHEREAS, in April 2018, Christman was performing excavation work pursuant to Permit No. RGHT23193 between 501h Street and Quaker Avenue and 64" Street and Peroria Avenue in Lubbock, Texas; and WHEREAS, while performing this excavation work, Christman struck a city water line; and WHEREAS, the striking of this water line caused the roadway to flood and damaged the roadway which required repairs to be performed by the City; and WHEREAS, the City alleges that Christman was negligent in the striking of this water line; and WHEREAS, the City also alleges that Christman performed faulty repairs of the roadway at 641h Street and Peoria Avenue; and WHEREAS, the City filed a lawsuit in Cause No. 2019-537,848, in the 2371h District Court of Lubbock County, Texas seeking damages against Christman due to the aforementioned activities; and PAGE 1 OF 6 WHEREAS, the City and Christman desire to settle all claims to avoid the inconvenience, distractions, uncertainties and expenses attendant to litigation and trial, in exchange for the consideration and releases set forth below: 1. IN CONSIDERATION of the payment by Christman to the City of the sum of NINETY-SEVEN THOUSAND FIVE HUNDRED and No/100 Dollars ($97,500.00), City does hereto enter into this Settlement Agreement and does hereby release, acquit, and forever discharge Christman and their respective predecessors, successors, assigns, owners, partners, members, managers, employees, directors, legal representatives, insurers, independent contractors, and agents (the "Releasees"), of and from any and all liability, claims, demands, damages, attorney's fees, costs, liens, where statutorily provided or otherwise, expenses, services, actions, causes of action, or suit in equity, of whatsoever kind or nature, whether heretofore or hereafter accruing, which City now has or may hereafter have, whether known or unknown, arising from the damages to the property of City referenced in the aforementioned lawsuit. 2. Payment shall be made by check payable to "City of Lubbock" after this Settlement Agreement is signed by all parties. 3. This Settlement Agreement may be pled as a full and complete defense to any action, suit, or other proceeding, which may be instituted, prosecuted or attempted for, upon, or in respect of any of the claims released hereby. 4. This Settlement Agreement includes any transaction, occurrence, matter or thing whatsoever, whether known or unknown, arising or occurring due to any damage that occurred due to the cutting of the City's water line at 541h and Quaker in April PAGE 2 OF 6 2018 by Christman, and any damage that occurred to the City's street at 64ih and Peoria Avenue by Christman in April 2018, including, but not limited to, all claims, demands, causes of actions of any nature, whether in contract or in tort, or arising out of, under or by virtue of any statute or regulation, that are recognized by law or that may be created or recognized in the future by any manner, including, without limitation, by statute, regulation, or judicial decision, for past, present and future damage or loss, or remedies of any kind that are now recognized by law or that may be created or recognized in the future by any manner, and including but not limited to the following: all actual damages, all exemplary and punitive damages, all penalties of any kind or statutory damages. City hereby declares that it fully understands the terms of this Settlement Agreement and voluntarily accepts the above stated sum for the purposes of making full and final settlement of any and all the injuries, damages, expenses, and inconvenience above mentioned. 5. The terms of this Settlement Agreement shall inure to the benefit of, and be binding upon City and Christman including their heirs, legal representatives, successors or assigns. 6. All signatories to this Settlement Agreement hereby warrant that they have the authority to execute this Settlement Agreement and bind the respective parties. 7. This Settlement Agreement states the entire agreement of the parties with respect to the matters discussed herein, and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises. PAGE 3 OF 6 8. This Settlement Agreement may not be amended or modified in any respect except by a written instrument duly executed by all of the parties to this Settlement Agreement. 9. If this Settlement Agreement does not become effective for any reason, it shall be deemed negotiations for settlement purposes only and will not be admissible in evidence or usable for any purposes whatsoever. 10. This Settlement Agreement has been and shall be construed to have been drafted by all parties to it so that the rule of construing ambiguities against the drafter shall have no force or effect. 11. If any portion or term of this Settlement Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Settlement Agreement shall not be affected and shall remain fully in force and enforceable. 12. Each party has consulted with whatever consultants, attorneys or other advisors each deems appropriate concerning the effect of this Settlement Agreement and each assumes the risk arising from not seeking further or additional consultation with such advisors. 13. Each party assumes the risk of any mistake of fact or law with regard to any aspect of this Settlement Agreement, the dispute described herein, or any asserted rights released by this Settlement Agreement. 14. All parties to this Settlement Agreement acknowledge and agree that they have obtained legal representation and advice, as they have deemed appropriate in entering into this Settlement Agreement. PAGE 4 OF 6 1 5. Each party further states that this Settlement Agreement, including the foregoing release, has been carefully read and each party understands the contents thereof and has signed the same as their own respective free act and has not been influenced in making this settlement by any representative of a party or parties released. 16. It is further understood that the provisions of this Settlement Agreement are contractual and not mere recitals and that the laws of the State of Texas shall govern this Settlement Agreement. EXECUTED this day of /" �L�� 2021. FOR CHRISTMAN CABLE, INC.: STATE OF TEXAS § COUNTY OF P § Before , me, the undersigned .J CC e 5 Ck i 5�—M a,, authority, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration SUSI ROBBINS My Notary ID 8 5450446 '•�;:vR'•: Expires Ap414,2024 Notary FOR THE CITY OF LUBBOCK: PAGE 5 OF 6 By: ��j DANIEL M. POPE, MAYOR PAGE 6 OF 6