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Home My WebLink AboutC2009-104 - 3/10/2009 - Approved03/05/2009 11:11 512-474-0726 TX CIVIL RIGHTS PROJ PAGE 01!06 UNITEA STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI AIVISION ABEL ALONZO and DAVm RAMO9 VS. CITX OF CORPUS CHRISTI, TEXAS CIVIL ACTION N0.2:08-cv-247 RFr.F.ACF. AND SETTLEMENT AG>~E V NT 1. Whereas, Parties totheabove-referenced lawsuit and this Release and Settlemenl Agreement are Abel Alonzo and David Ramos (Plaintiffs) and the City of Corpus Christi (City). 2. Whereas, Plaintiffs allegevariouscausesofactionagainsttheDefendantrelatingtotheCity's implementation and alleged violation of the Americans With Disabilities Act, hereinafter ie{erred to as the "utcidents." 3. Whereas, PlaSntiffsdesitetodischargeandreleasetheclaimsintheaboverefetrncedlawsuit, which, they may have against the Defendaat. 4. Whereas, the City of Corpus Christi has approved within the 2008 Bond program, the expenditure of SS million towards renovating sidewalks anti curbs to bring them into compliance with the Americans wilt Disabilities Act Architectural Guidelines ("AAAAG"). 5. The settlement wnsideration herein is as follows: a) Streets named in suit. Within 24 months of the last sigaatuue below, the City agrees to install curb tamps in compliance with the relevant provisions of ADAAG across all streets listed in paragraphs 15-19 in Plaintiffs' Complaint. As to Streets listed in Paragraphs 15,17,18 and 19, if the City determines that certain curbs do not provide safe pedestrian access, it tray choose not to .install a curb ramp at that location. The decision as to .pedestrian safety will be made by the City. For each curb tamp that the City determines should not be installed, the City will install a curb ramp at another location. b) Future Street repairs and renovations. The City agrees to install curb ramps in compliance with the relevant provisions of ADAAG on al( future sheet renovations, including overlay projects. The Parties agree that the City is not o. ~~ ~m~t~ Page 1 of 6 2009-104 M2009-063 03/10/09 Alonzo, Abel and David Ramos 03/05/2009 11:11 512-474-0726 TX CIVIL RIgiTS PROJ PAGE 02/06 required to install curb tamps when a street isseal-coated. For purposes of this agteemont the following defmitions apply: Overlay: an overlay consists of milling the existing asphaltic material to a certain depth and the placement of a mat of asphaltic material, usually 1 1 /2" to 2" in thickness. The purpose of au overlay is not only to seal the pavement against moisture infilhatioo. but to increase the rideability of the finished roadway profile. Seal Coat: A Seal coat utilizes a layer of asphaltic material with a layer of rock over the asphaltic material. The purpose of a seal coat is to provide a seal to the top of the pavement to prohibit the infiltration of moisture into the pavement. c) 21X18 Bond Money Upon receipt of the 2008 Bond money for sidewalk and curb renovations, the City will use the entire amount towards sidewalk and curb ADA renovations within 48 months. The 2008 Bond money will be used for projects other than those agreed to in paragraph 5(a) of this agreement. The City will provide a detailed annual report ofthe expenditure ofthe bond money forADA sidewalk and curb renovations, including all the wozk it completed during the previous year. d) committee A 3 person sub-connmitoee of the Committee for Persons with Disabilities will, be formed. It will coneist of. 3 members to be appointed by the Committee for persons with Disabilities, This .sub-.committee will be responsible for identifying inaccessible streets and sidewalks throughout the city. It wiil provide regular written reports to the City's ADA Coordinator detailing its recommendations for prioritizing inaccessible streets and sidewalks. Tha City will provide the sub-committee a detailed report every 3 months on each project recommended to it by the sub-committee and any other projects utilizing the $5 million for ADA sidewalk and curb renovations. The report will include updates on projects during all stages of renovation, from acceptance of bids to completion ofthe project. The report will identify the amount of money used for each individual project. The subcommittee .shall operate as does any other sub-committee and shall be under the authority of rho Committee. The Committee may combine the sub-committee with any other sub- committee, and the future size, functions and form may be determined by the Committee. e) Attorneys fees, expenses and costs v: propoledxNkmmlwpd Page 2 of 6 03/85/2009 11:11 512-474-0726 TX CIVIL RIGHTS PROJ PAGE 03/06 The City agrees to pay the sum of Twenty Eigbt Thousand six hundred and fifty Dollars (S2&,650.00) to the Texas Civil Rights Project. 5. This agreement does not preclude Ure City from seeking additional £~trlds for future ADA sidewalk and curb renovations. 7. Court costs are to be paid by the party incurring same. 8 Attonaey's fees are to be taken from the consideration mentioned in paragraph 5 above. 9. NOW TkIEREPORE, for and in consideration of the amounts mepti.oned in paragraph 5, Plaintiffs, far himself, his heirs, executors, and assigns, hereby releases absolutely and unconditionallyand ogees todefend and hold harmless, the City of Corpus Christi and its officials, officers, employees, attorneys, agents, legal representatives, successors, and assigns, both current and fortner, ("The Released Parties") from all past, present or future claims and causes of action of every nature, known or unknown, including but not limited to claims for injunctive relief as well as claims for damages; whether in tort, statute, charter, ordinance, rule, policy, regulation, the common law or contract, whether liquidated or unliquidated, whether actual or punitive; damages for physical pain, illness, injury or impairment, mental anguish, medicaVpsycho[ogica] expenses, loss of household services, real orpersonal property, as well as all other expenses and compensation of any nature whatsoever, which he or persons claiming through him may have against The Released Parties, arising from or relating to the incident described above; and specifically including, but not limited to, every eUegation and claim, or gievaaee which has been asserted, or which could have been asserted, intheabove-numbered civil action. 10. The parties shall cooperate in obtaining an order and judgment dismissing Ule above numbered civil action with prejudice to refiiing same. PlanntfF by the execution ofthis Settlement Agreement and Release requests and authorizes his counsel of record to execute and deliver to the Court a Motion and Order of Dismissal with Prejudice, and requests the Court to dismiss the above- referenced litigation with prejudice. 1 l . The Defendants deny the allegations of the Plaintiff and the Plaintiff denies the allegations of theDcfendants. The Defendants specificallydenytlrattheycommlttedanyillegalacts. Thepa7ment of money and settlement of this suit shall not be deemed as admission by any party of the inrth of the allegations alleged against that party in this action, nor shall this Release and Settlement Agreement wnstitutc a statement against interest of or by any party hereto, and shall not be deemed D, propmcA smkmencwpd Page 3 Of 6 03/85/2009 11:11 512-474-0726 TX CIVIL RIgiTS PROD PAGE 04/06 an admission of liability by any patty. It is acknowledged that the patties have settled this suit for the sole purpose of eliding the expense and uncertainty attendant to this litigation, to avoid the expense and uncertainty of litigation and to buy his, her or its peace, and in consideration for the temlination and finality o£ this litigation under the terms, representations, promises, and releases hereinafter set out. It is expressly represented, warranted, understood, and agreed that the sums of motley being paid herein is in compromise and settlement of doubtful and disputed claims, and in all inspects reasonable, that Ule consideration herein paid is not and shall not be construed as an admission of liability or a statement against interest by any party hereby released in tbas agreement, and that this Release and Settlement Agreement shall never be used as evidence in a court of law or any other proceediutg whatsoever against the parties hereby released, SAVE AND EXCEPT, by the parties released herein, who pursue arty indemnity agreement made herein andlor to bar any and all elairos to any further liability, or damages, resulting in whole or in part out of the above described incident. 12. Each Plaintiff expressly represents and states that: (A) Before executing and delivering this Release aad Settlement Agreement, he has httd the opportunity to obtain the advice of attorneys, physicians and other advisors of his own choosing, including consulting and expert witnesses; (B) Before signing this Release and Settlemem Agreement, he has read it, that its farms, conditions and effects have been explained to him by an attorney of his own choosing;, that he has retied solely and completely upon his own judgment and advice of his own attorney in signing this Release anal Settlement Agreement, and does so knowingly, voluntarily and of his own Free will. (C) No promise orrepresentation of any kind has been made to him by any of the parties released herein or by anyone acting fot them. as the basis for entering into this Release and Settlement Agreement, except as is expressly stated in this Release and Settlement Agreement; (D) He fully understands that this is a full, complete, and final release, and that the stuns of money described in this and Settlement Agreement is all the money that is ever to be paid by the Released Parties to any party as a result of the matters made the basis of this Release and Settlement Agreement. 13. This Release and Settlement Agteemmt contains the entire agreement between the parties with Da p,opmed,mk,,,a,twptl Page 4 of 6 03/05/2009 11:11 512-474-0726 TX CIVIL RIGHTS PROD PAGE 05/06 regard to the matters set forth in it and shall be binding upon each party, his agents, executors, administrators, personal representatives, heirs, successors attd assigns. 14,This Release and 9ettlemcnt Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with its laws. 15. The parties agree and state that all parties have had an opportunity to review and comment on the font, substance and contents of the Release and Settlement Agreement and that the Sna! form is a insult of the parties' joint effort. It is therefore agreed that the Release and Settlement Agreement shall not be construed against any party es drafter. l ti. A copy of this agreement sltall be ao enforceable as the original, 17. This agreement may not be assigned. 1"b~,~,~,~y~,., AUTHORICED RY C~iiNCll.~,~AS~~ SECgtTARY TkIE STATE OF T£XAS COUNTY OF NUECES o Abel Alonzo ~~~a, ~~~ David Ramos City of Carpus Christi BY: Lam"'''' ATTEST. ARMANDO CHAPA clTr sec.~ETAa~ Before me the undersigned Notary Public, on this day personally appeared Abel Alonzo, proved tq me to be the person whose name is subscribed to the foregoing instrument and acknowledgedtomethathe exectdedthesame for the purposes and considerationtherein expressed. Given under my hand and seal of office this ~~ day of ~~rck-~ , 2009. V~11l4~ /\ \ S.II~I ;v.. ;y'n; I'ATRICIA A GARCIA #. • Notary tc -State of Texas Notary Public, State of Texas ' ' ~ - My Commission Expires ~: !,;,;;+ September 28, 2009 >r p,wo,ce,crc~,,,an.wva Page 5 of 6 03/05/2009 11:11 512-474-0726 THE STATE OF TEXAS § COUNTY OF NUECES § TX CIVIL RIGHTS PROJ PAGE 06!06 Before me the undersigned Notary Public, on this day personally appeared David Ramos, proved 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. Given under ..%y hand and seal of office this ~ ~ day of , 2009. \11t111y :;,Ff ly,y pATRICIA A GARCIA ' ~ Notary Public, State of Texes ~ '~ ` k;,f ~~;„.~° M Commission Ex Tres September 28, 2009 THE STATE OF TEXAS COUNTY OF NUECES Notary Pu is -State of Texas Before me the undersigned Notary Public, on this day personally appeared `Angel Eseobar, City Manager fox the City of Corpus Christi, proved 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 and in the capacity expressed Given under my hand and seal of otf'ice this ,~,_~ day of /Yll~. Uf'.~~, , 2009. APPROVED: rosy Hatton orney for Plaintiffs J s . Me1SS ben omey for City of Corpus Christi Ii0LLYH000HTON w vviv w. ~'~ : € My colaalssioN IXPIRES Notary Publ' -State of a5 ,~ ~ Se9lanber24,2812 m Pro,»a<a ~ancncvpa Page 6 of 6