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HomeMy WebLinkAboutResolution - 2020-R0368 - Compromise Settlement Agreement, Marvin StilesResolution No. 2020-R0368 Item No. 6.4 October 27, 2020 RESOLUTION 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 on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of all ms between the City of Lubbock and Marvin Edward Stiles regarding Claim 20-C-027, and ed documents. Said Agreement is attached hereto and incorporated in this resolution as if set forth herein and shall be included in the minutes of the City Council. by the City Council on October 27, 2020 ,TTEST: DANIEL M. POPE, MAYOR Garza, City AS TO CONTENT: Financial Officer AS TO FORM: Deputy City Attorney Settlement Agnnt-Marvin Edward Stiles Resolution No. 2020-RO368 STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS 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 ("the City"), and MARVIN EDWARD STILES, ("the Claimant"). RECITALS WHEREAS, on or about October 23, 2019, City of Lubbock employees were using a Hydra -Vac to clear a blocked sewer line; and WHEREAS, as a result of the employees activities, sewage over flowed into the Claimant's residence at 9502 Miami in Lubbock, Texas; and WHEREAS, Claimants allege that the City employees were negligent in causing this overflow of sewage; and WHEREAS, Claimant alleges that the overflow of sewage caused damage to their property and filed a claim with the City; and WHEREAS, the City denies any liability to Claimant for any claim or cause of action, but is willing 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 the City of the sum of ONE HUNDRED TWENTY-NINE THOUSAND, EIGHT HUNDRED TWENTY SEVEN AND 02/100 Dollars ($129,827.02), Claimant does hereto enter into this PAGE 1 OF 4 MS'S RIITIALV��/ /�J / Settlement Agreement and do hereby release, acquit, and forever discharge the City of Lubbock, Texas, its respective predecessors, successors, assigns, owners, City Council, partners, members, managers, employees, directors, legal representatives, insurers, independent contractors, agents and attorneys (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 Claimant now has or may hereafter have, whether known or unknown, arising from the incident on October 23, 2019, involving the City of Lubbock. 2. Payment shall be made by check payable to Marvin Edward Stiles and Carpet Tech/CT Construction 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 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 PAGE 2 OF 4 MS'S INITIAL✓ 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. Claimant hereby declares that he fully understand the terms of this Settlement Agreement and voluntarily accept the above stated sum for the purposes of making full and final settlement of any and all the injuries, damages, expenses, and inconveniences above mentioned. 5. The terms of this Settlement Agreement shall inure to the benefit of, and be binding upon, the Claimant, Releasees, and their 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. 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. 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. PAGE 3 OF 4 MS'S INITIALS: FOR THE CLAIMANT EDW••D STILES STATE OF TEXAS COUNTY OF LUBBOCK § Before me, the undersigned authority, on this 13IX� day of October, 2020, personally appeared MARVIN EDWARD STILES, 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. VERONICA TOBIAS Notay Public, State d Texas Notary IN 13201085.7 { My �Oexeti51g1 EXQMBS 05132023 Notary Public FOR THE CITY OF LUBBOCK: By: DANIEL M. POPE, MAYOR Signed this 27th day of October. 2020 PAGE 4 OF 4 NIS'S INITIALS: