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Home My WebLink AboutC2006-135 - 4/18/2006 - Approved COMPROMISE SETTLEMENT AGREEMENT THIS COMPROMISE SETTLEMENT AGREEMENT (hereinafter "Agreement") is by and between Minandro Mojica III, and wife, Rhonda Mojica, and Marilyn C. Dietz, a single person, whose address IS 5205 Edinburg Circle, Corpus Christi, Nueces County, Texas 78413, (hereinafter "The Mojica's and Dietz") and the City of Corpus Christi (hereinafter "the City"): WHEREAS. Minandro and Rhonda Mojica and Marilyn C. Dietz, whose home is located at 5205 Edinburg Circle. Corpus Christi, Nueces County, Texas 78413, claim that their home was damaged by a sewer line that they claim was improperly placed; and WHEREAS. the Mojica's and Dietz filed a complaint concerning the sewer line and claiming damage to their home: and WHEREAS, bona fide disputes and controversies exist between the parties, both as to the liability and the amount thereof, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of any kind whatsoever which the Mojica's and Dietz have, or may have, in the future arising out of such occurrence. and intend that the full terms and condition of the compromise and settlement be set forth in this Agreement. NOW, THEREFORE, for and in consideration of the recitals set forth herein and the sum of ONE HUNDRED AND THIRTY NINE THOUSAND AND FIVE HUNDRED DOLLARS ($139,500.00) for the purchase of the house, and TWENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($22,500.00) for damages and 2006-135 04/18/06 M2006-124 Mo.jica III, Minandro. et al Page 1 of 6 ~'"""*"'..... .,- relocation costs, for a total of ONE HUNDRED SIXTY-TWO THOUSAND DOLLARS ($162,000.00), the receipt and sufficiency of which is hereby acknowledged, Minandro and Rhonda Mojica and Marilyn Dietz have this day. agreed to transfer by deed good title, in the above referenced property, and they have released, and by the presents do hereby RELEASE, ACQUIT and FOREVER DISCHARGE the City of Corpus Christi, its agents, contractors, subcontractors, servants, insurers and employees, and all persons, natural or corporate, in privity with them or any of them, from any and all claims or causes of action of any kind whatsoever, at common law, statutory, or otherwise, based on any theory of law, which the Mojica's and Dietz have or might have, known or unknown. now existing or that might arise hereafter, directly or indirectly attributable to the above-described occurrence, Including the taking, the relocation expenses, any expenses related to the inverse condemnation, any claims relating to the sewer line, any claims relating to the property, under any theory of law, it being intended to release all claims of any kind which the Mojica's and Dietz might have against those hereby released whether asserted in their claim or not. The parties also agree that this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives successors, and assigns. it IS expressly understood and agreed that the terms hereof are contractual and not merely recitals, and that the agreements herein contained and the consideration transferred, IS to compromise doubtful and disputed claims, to avoid litigation, and buy peace, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. Page 2 of 6 ..........'...- In further consideration of the receipt of funds as above described, the undersigned do hereby and agree to indemnify and hold harmless, the City of Corpus Christi, and any other person, firm, or corporation bound to defend or pay judgments against the City, agents, employees, or servants, from and against any and all claims, demands. or causes of action, including claims for contribution or indemnity, and the reasonable and necessary costs, including attorney's fees incurred in the defense of any such claim, which the Mojica's and Dietz have or may have arising out of, or resulting from the damage to the house and property located at 5205 Edinburg Circle. as above described Minandro and Rhonda Mojica and Marilyn Dietz warrant that each of them has read this Agreement and fully understands it to be a compromise and settlement and release of all claims. known or unknown, present or future, that they have or may have against the City, arising out of the matters described herein. Mlnandro and Rhonda Mojica and Marilyn Dietz each warrant that they are of legal age and legally competent to execute this agreement, and that they do so of their own free will and accord without reliance on any representation of any kind or character not expreSSly set forth herein. The Mojicas and DIetz further warrant that they each understand the terms and nature of this agreement and agree that this Agreement is in full settlement of and satisfaction for all damages and claims arising on account of the damage to their home, the property, the taking, relocation and any other expenses related to inverse condemnation that form the basis for this claim and that they will receive no further sums of money from the City. Page 3 of 6 IT IS FURTHER AGREED that this Agreement constitutes and contains the entire agreement and understanding of the parties. The parties have equally participated or had the opportunity to participate In the drafting of this Agreement. As such, In the event any term is ambiguous, no construction or inference shall arise against or in favor of any party as a result of drafting or participating in the drafting of this Agreement The parties further agree that should any provision of this Compromise Settlement agreement be found to be in violation of law, the remainder of this Agreement shall retain full validity Executed in triplicate, any of which constitutes an original. " ~\~ ", 4- Minandro Mojica, III ,;' \ , !, '\ \. Rh:~M~j~~ - j ji " -- / I I GL \'1~~'c. ~etz 1- ." f Page 4 of f .........."";- THE STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on ~q1!l day of /JJt:lI.4:f- 2006, by Minandro Mojica, III. II .......... --J ! ,-~?~ ~\ SUSAN McGENNIS i, : .JlI'(_ :'~ v COMMISSION EXPIRES ! \~i-...\~?; August 5.2006 '....t... / [Seal] 1h~:J for the State of Texas THE STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on ~ day of ~ 2006, by Rhonda Mojica. /.~;-,_ SUSAN McGENNIS ] r..",..;".V1Y C MMISSION EXPIRE l:"Of.~~.Ugust H, 200f "IIIU.\\ f {( [Seal] THE STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ ;j 1JJ This instrument was acknowledged before me o~ -day of ~ 2006, by Marilyn C. Dietz. ~.~~f1;t. ~~*'c'c ~"'i ':"~ - . . - 'If.....,,..~:: ".9"0'" SUSAN McGENNIS \~Y (('MMiSSiCN EXPIRE \u~usts 2006 ~ I I I ~ / [Seal] /1Il ~-J or the State of Texas Page 5 of f '''........ ...... CITY OF CORPUS CHRISTI, TEXAS ~ / George K. Noe. City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY (' I I '0~~~ ') " AV\L~ ,2006. APPROVED AS TO LEGAL FORM, THISl\;", DAY OF FOR THE CITY ATTORNEY By: ~ i. '; ." n ~I{. ! /,' Ir-tr;'., \ ,l .. ~. \,I- k. 'l (," t' ,. fJ Veronica Ocanas, Assist nt City Attorney CITY LEGAL DEPARTMENT THE STATE OF TEXAS S COUNTY OF NUECES S l ''1 G This instrument was aCKnowledged before me on (,1 An. lZ (I , 2006 by George K. Noe as City Manager for the City of corpu~ Texas mUnicipal corporation, on behalf of ~ corporation. :~~~U'- f\ ll~ Notary Public in and for the State of Texas t'~ 2.00lc'~h! ~i ,',' '. ~'. . U). ..-.-' '-{Ii i JOf lJ" ri;ui\'4;l\.. _..__~-- W~.- . ;/fL '_.._-~4"L S[CIf.1" 'R"I [Seal] ~ ~ ~ ~~";Iiy;r;~:, TAMERA l RILEY . * .\ '.otary Public I STATE OF TEXAS > ~~~ My Comm. Exp. 05-26-2008 > Page 6 of 6