Lone Star Club-CN 941017 Cause No. 93-09540-H
JOHNNY J.E. THOMPSON § IN THE DISTRICT COURT
Plaintiff, §
V. § OF DALLAS COUNTY, TEXAS
CITY OF COPPELL §
Defendants. § 160TH DISTRICT COURT
SETTLEMENT AGREEMENT
The parties hereto agree that this lawsuit and all claims and controversies between them
are hereby settled in accordance with the following terms of this Settlement Agreement:
1. The parties acknowledge that bona fide disputes and controversies exist between
them, both as to liability and the amount thereof, if any, and by reason of such disputes and
controversies they desire to compromise and settle all claims and causes of action of any kind
whatsoever which the parties have or may have arising out of the transaction or occurrence which
is the subject of this litigation. It is further understood and agreed that this is a compromise of
a disputed claim, and nothing contained herein shall be construed as an admission of liability by
any party, all such liability being expressly denied.
2. Each signatory hereby warrants and represents that:
(a)such person has authority to bind the party or patties for whom such
person acts.
(b) the claims, suits, rights, and/or interests which are the subject matter hereto
are owned by the party asserting same, have not been assigned, transferred
or sold, and are free of any enctunbrance.
M.,,t~_ · L~ -i=r~~,)/.,,~, Sro., ~r-- ~ ,~ ~ -- -- . --
AOREFdO V~.ORD 1/5~4
AORF=E/~VLOIID
/0 Except for the agreements set forth herein, the parties hereby agree to release,
discharge, and forever hold the other harmless from any and all claims, demands, or suits, known
or unknown, fixed or contingent, liquidated or unliquidated, whether or not asserted in the above
case. This mutual release runs to the benefit of all attorneys, agents, employees, officers,
directors, shareholders, partners, heirs, assigns, and legal representatives of the parties hereto.
[! . Counsel for ~ ~ ~ shall deliver drafts of any
further documents to be executed in connection with this settlement to counsel for the other
parties hereto within ~ days from the date hereof. The parties and their counsel agree to
cooperate with each other in the drafting and execution of such additional documents as are
reasonably requested or required to implement the provisions and spirit of this Settlement
Agreement, but notwithstanding such additional documents the parties confu'm that this is a
written Settlement Agreement as contemplated by Section 154.071 of the Texas Civil Practice
and Remedies Code.
lC This Settlement Agreement is made and performable in Dallas County, Texas,
and shah be construed in accordance with the laws of the State of Texas.
I~_ ~_. If one or more disputes arise with regard to the interpretation and/or performance
of this Agreement or any of its provisions, the parties agree to attempt to resolve same with
Sidney Stahl, the Mediator who facilitated this settlement. If litigation is brought to construe or
enforce this Agreement the prevailing party shall be entitled to recover attorney's fees as well as
court costs and expenses, including the cost of the mediation.
lq- Although the mediator has provided a basic outline of this Settlement Agreement
to the parties' counsel as a courtesy to facilitate the f'mal resolution of this dispute, the parties and
their counsel have thoroughly reviewed such outline and have where necessary, modified it to
conform to the requirements of their agreement. All signatories to this Settlement Agreement
hereby release the Mediator from any and all responsibility arising from the drafting of this
Settlement Agreement, and by signing this Settlement Agreement acknowledge that they have
been advised by the Mediator in writing that this Settlement Agreement should be independently
reviewed by counsel before executing the Agreement.
AORJ2F./~ VlL. ORD II.~l
Agreed, this 17th day of October, 1994.
INTERVENOR~ ,~ DEFENDANT:
JOHN ROBINSON, KANWELL INC., and CITY OF ~2OPPELL
LONE~STAR COUNTRY CLUB ]~., ~ ~/ '
,~REED AS TO FORM:
'~Aah'RENCE .RIED~AN, ATTORNEY
JU , ATTORNEY FOR :..~F-QR~ DEFEND~,NT '
INTERVENOR
JIM KRAUSE, ATTORNEY FOR
DEFENDANT
AOI~F.,/CIVn_ORD