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HomeMy WebLinkAboutResolution - 2014-R0083 - Compromise Settlement Agreemand And Release Of All Claims - Trengrove - 02/27/2014RESOLUTION 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 for and on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of All Claims with Steve Trengove,Melissa Trengove,Individually and as representatives of the Estate of Jared Trengove,and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 27,2014 GLEWc.ROBERTSON,MAYOR ATTEST i-gJ^g.^-^.<.^ Rebecca Garza,City Secreta APPROVED AS TO CONTENT: Leisa Hutcheson,Director of Human Resources and Risk Management APPROVED AS TO FORM: JeffHajftsell,CniefLitigation Attorney vwxcdocs/RES.Agrmt-Trengove February 10,2014 COMPROMISE SETTLEMENT AGREEMEN'r 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 ("City"), and Steve Trengove, Melissa Trengove, individually and as representatives of the Estate of Jared Trengove, ("Claimants"). RECITALS WHEREAS, on or about September 6, 2013, Jared Trengove was operating a motorcycle driving northbound on Indiana Avenue between 82nd Street and Loop 289; and WHEREAS, Jared Trengove was involved in a motor vehicle accident with a vehicle owned by the City of Lubbock and driven by a City of Lubbock employee; and WHEREAS, Jared "Trengove suffered fatal injuries as a result of this motor vehicle accident; and WHEREAS, the City and Claimants desire to settle all claims regarding this incident in exchange for the consideration and releases set forth below. 1. IN CONSIDERA"TION of the payment by the City of the sutn of "TWO HUNDRED FIFTY THOUSAND and No/100 Dollars ($250.000.00), Claimants do hereby enter into this Settlement Agreement and do hereby release, acquit, and forever discharge the City, its respective predecessors, successors, assigns, owners, City Council, partners, members, managers, employees, directors, legal representatives, insurers, independent contractors, agents and attorneys (the "Itclease.es"}, of and from any and all liability, claims, demands, damages, attorney's fees, costs. liens. including but not limited to any hospital, medical, insurance, Medicare or Medicaid liens, whether 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 Claimant now has or may hereafter have, whether known or unknown, arising from the accident on September 6, 2013. 2. Claimants hereby agree that they are responsible for any outstanding liens, claims, or rights of subrogation that may now or hereafter exist arising out of or relating to this occurrence including, but not limited to, Medicare liens. 3. The City agrees to make payment within ten (10) days following approval of this Settlement Agreement by the City Council of the City of Lubbock. Payment shall be made by check payable to Steve Trengove and Melissa Trengove. 4. This Settlement Agreement includes any transaction, occurrence, matter or thing whatsoever, whether known or unknown, arising or occurring due to this incident 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. Claimants hereby declare that they fully understand the terms of this Settlement Agreement and voluntarily accept the above stated sum for the purpose of making full and final settlement of any and all the injuries, damages, expenses, and inconvenience above mentioned. 5. 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. The Claimants agree that any such proceeding would cause irreparable injury to the party against whom it is brought and that any court of competent jurisdiction may enter an injunction restraining prosecution thereof. 6. The Claimants agree that the damages suffered by the City, and persons, firms, corporations, or other entities protected by this Settlement Agreement by reason of any breach of any provision of this Settlement Agreement shall include not only the amount of any judgment that may be rendered against said City, persons, firms, corporations, or other entities, or any of them, by reason of a breach of this Settlement Agreement, but shall also include all damages suffered by them, including the cost of attorneys' fees and other costs and expenses of instituting, preparing, prosecuting, defending any action or suit resultin�(I from a breach of this Settlement Agreement, whether taxable or otherwise, and costs to them of attorneys' fees and all other costs and expenses of instituting, preparing, or prosecuting any counterclaim, suit, motion, or action or action to recover damages resulting from the breach of this Settlement Agreement, whether taxable or otherwise. 7. Claimants hereby represent and warrant that they, and they alone, own the claimed rights, interests, demands, actions, or causes of action, obligations, or any 3 other matter covered by this Settlement Agreement (the "Claimed Rights"), and that they have not transferred, conveyed, pledged, assigned or made any other disposition of the Claimed Rights. Steve Trengove and Melissa Trengove further warrant and represent they are the only heirs at law of Jared Trengove. Claimants agree to indemnify and hold harmless the Releasees from and against any and all claims, demands, or causes of action and the reasonable and necessary costs, including attorneys' fees, incurred in the defense of any such claim that any person who claims an ownership, including any liens whether statutory or otherwise, in the claimed rights, interests, demands, actions, or causes of action, obligations, or any other matter covered by this Settlement Agreement. 8. The terms of this Settlement Agreement shall inure to the benefit of, and be binding upon, the Claimants, Releasees, and their heirs, legal representatives, successors or assigns. 9. All signatories to this Settlement Agreement hereby warrant that they have the authority to execute this Settlement Agreement and bind the respective parties. 10. 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. 11. 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. 4 12. 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. 13. 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. 14. 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. 15. Each party has consulted with whatever consultants, attorneys or other advisors each deems appropriate concerning the effect of this Settlement Agreement and Claimants assume the risk arising from not seeking further or additional consultation with such advisors. 16. 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. 17. 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. 18. Mach 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 5 influenced in making this settlement by any representative of a party or parties released. 19. 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 A --122i q roe , 2013. CLAIMANT: STEVE TRENGOVE, `DIVIDUALLY AND ON BEHALF OF THE ESTATE OF JARED TRENGOVE MEL SSA TI2ENGOVE, INI)I V IDUALLY AND ON BEHALF OF THE ESTATE OF JAILED TRENGOVE S'1'A'rE OF 'TEXAS § COUNTY OF LU1313OCK Before me, the undersigned authority, personally appeared STEVE TRENGOVE, INDIVIDUALLY AND ON BEHALF OF TIII ESTATE OF JAR[;D TRL-'NGOVE, 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 therein expressed. "P KIM PETERSON Notary Public, State of Texas T; My Commission Expires January 18, 2017 �c p� Notary I'lfblic. State of Texas 6 STA'f E OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, personally appeared MELISSA TRENGOVE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JARED 'rRENGOVE, 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 therein expressed. KIM PETERSON _ Notary Public, State of Texas My Commission Expires b, January 18, 2017 koa� RZ--too-�-/ Notary Public, State of Texas CITY OF LUBBOCK By: _ GLEN . R BERTSON, Mayor