CM-2020-299 - 10/23/2020IN THE UNITED STATES DISTRICT COURT
WESTERN DIVISION OF TEXAS
AUSTIN DIVISION
ALLEN HENDERSON §
Plaintiff §
V. §
CITY OF ROUND ROCK, TEXAS §
Defendant §
Case Number 1:19-CV-00355-LY
SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT
THIS SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT ("Settlement
Agreement") is entered into by ALLEN HENDERSON (the "Plaintiff'), and CITY OF ROUND
ROCK (the "Released Party").
I. RECITALS
A. Plaintiff Allen Henderson filed suit against Defendant City of Round Rock.
B. The parties agreed to participate in mediation. As a result of the corresponding mediation,
the parties reached a settlement agreement that dismisses all claims and causes of action
in this lawsuit. This release is meant to memorialize the terms of that settlement
agreement.
C. The Released Party denies the allegations and believes it would have prevailed at trial.
This settlement is in no way an admission of liability, rather it is an effort to buy peace
for the Released Party.
D. The parties desire to enter into this Settlement Agreement in order to provide for full
settlement and discharge of all claims brought in the Original Complaint, and any other
claims that could have been brought against the Released Party in any other manner up to
the date of his Settlement Agreement.
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II. AGREEMENT
The parties agree as follows:
A. RELEASE AND DISCHARGE
In consideration of the payments called for herein and the following agreements,
Allen Henderson completely releases and forever discharges City of Round Rock
("Released Party"), and said parties past, present, and future officers, directors,
agents, servants, representatives, employees, employers, predecessors and
successors in interest, and assigns, of and from any and all past, present, or future
claims, demands, debts, obligations, and causes of action whether based on the
U.S. or Texas Constitutions, tort law, contract law, common law, state or federal
statutory law, equity, or other theory of recovery that Allen Henderson now has,
or which may hereafter accrue or otherwise be acquired, on account of, or in any
way growing out of Allen Henderson's claims described in the Complaint on file
with this Court.
B. PAYMENTS AND OTHER CONSIDERATION
i) In consideration of the Release set forth above, TML-IRP hereby agrees to pay the
following sum on behalf of the Released Party, in the following manner:
1. A payment upon execution of this Settlement Agreement by Allen Henderson of
Fifty Two Thousand Five Hundred Dollars and 00/100 ($52,500.00) with
Allen Henderson and the law firm of Deats, Durst, & Owen, PLLC in Trust as
named payees.
2. Such sum shall be split into two checks, as follows:
a. $35,018 to Allen Henderson; and
b. $17,482 to Deats, Durst, & Owen, PLLC
3. Such sum shall be tendered within 21 days of the date that Allen Henderson
executes this Settlement Agreement and returns it to Blair I Leake, legal
counsel for the City of Round Rock.
ii) In further consideration of the Release set forth above, the City of Round Rock and
Allen Henderson agree to the following non -monetary considerations:
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1. The City of Round Rock shall:
a. Allow Allen Henderson to retroactively resign;
b. Make the appropriate additions to his personnel documents to reflect that
the reason for his separation was resignation; and
c. Respond to inquiries from prospective employers inquiring about Mr.
Henderson's separation by stating that his separation was the result of
resignation.
2. Allen Henderson shall be permitted to disclose the terms of this Settlement
Agreement to his current employer, prospective employers, and governmental
authorities, including but not limited to governmental authorities performing
background investigations for the purpose of issuing Allen Henderson a
security clearance.
3. Allen Henderson and the Released Party understand and mutually agree that
Round Rock does not admit fault in any way for the claims and allegations
that have been made by Allen Henderson.
As part of the consideration for the payment of the above -mentioned sum, I, Allen
Henderson, for myself, my heirs, executors, administrators, legal representatives, and assigns,
expressly warrant and represent to the Released Party that:
1. I, Allen Henderson, am legally competent to execute this Settlement, Release, and
Indemnity Agreement;
2. I, Allen Henderson, have not assigned, pledged, or otherwise in any manner
whatsoever sold or transferred either by instrument in writing, or otherwise, any
right, title, interest, or claim which they may have by reason of the incident
described in the pleadings in the above -styled and numbered cause, or any matter
arising out of or related thereto;
3. All medical, hospital, and other expenses of any and every nature and character
whatsoever incurred by Allen Henderson, including any liens, or interventions,
whether incurred contractually or arising out of any statute, have been or will
hereafter be paid by Allen Henderson.
INDEMNITY
AS PART OF THE CONSIDERATION FOR THE PAYMENT OF THE ABOVE
SUM OF MONEY, I, ALLEN HENDERSON, DO HEREBY AGREE TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTY FROM ANY AND
ALL CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION OF WHATSOEVER
NATURE OR CHARACTER WHICH HAVE BEEN OR MAY HEREAFTER BE
ASSERTED BY ANY PERSON, FIRM, OR CORPORATION WHOMSOEVER
CLAIMING BY, THROUGH OR UNDER ALLEN HENDERSON ARISING OUT OF
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THE INCIDENT WHICH FORMS THE BASIS OF THIS SUIT, AS SET FORTH IN
THIS RELEASE AND THE COMPLAINT, AND/OR ANY RELATED PLEADINGS ON
FILE IN THIS CASE. THIS INCLUDES ANY CAUSE OF ACTION OR CLAIM MADE
ON BEHALF OF ANY PRIOR ATTORNEYS. I FURTHER ATTEST THAT ANY
ATTORNEY'S FEES OWED OR PROPRIETARY INTEREST OWED IN THIS
LAWSUIT WILL BE TAKEN OUT OF THIS $52,500.00 SETTLEMENT.
C. ATTORNEY' S FEES
Each party hereto shall bear its own attorneys' fees and expenses for this litigation arising
from the actions in connection with this lawsuit and this Settlement Agreement and the matters
and documents referred to herein, and the filing of dismissal documents with the Court.
D. GENERAL RELEASE
Allen Henderson hereby acknowledges and agrees that the Release set forth in Paragraph
A is a general release and further expressly waives and assumes the risks of any and all claims
for damages through statute or common law, state or federal, which exist as of this date but of
which Allen Henderson does not know or suspect to exist, whether through ignorance, oversight,
error, negligence, or otherwise, and which, if known, would materially affect Plaintiff s decision
to enter into this Settlement Agreement. Allen Henderson further agrees that he has accepted
payment of the sum specified herein and the actions set out under paragraph II B above, as a
complete compromise of matters involving disputed issues of law and fact and assumes the risk
that the facts or law may be otherwise than he believes. It is understood and agreed by the
parties that this settlement is a compromise of a disputed claim and in order for the parties to buy
their peace, and it is not, and shall not be held or deemed to be an admission by anyone
whomsoever of any liability, either to the undersigned or to any other person or entity.
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E. DELIVERY OF DISMISSAL
To further complete this settlement, counsel for Allen Henderson and Released Party will
file documents prepared by counsel for Defendant to dismiss with prejudice the above -styled and
numbered cause.
F. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST
This Settlement Agreement contains the entire agreement between Allen Henderson and
Released Party. This Settlement Agreement may not be modified or changed in any way unless it
is done so in writing signed by Allen Henderson and Released Party.
G. REPRESENTATION OF COMPREHENSION OF DOCUMENT
In entering into this Settlement Agreement, Allen Henderson represents that he has relied
upon the legal advice of his attorneys, who are attorneys of his own choice, and that the terms of
this Settlement Agreement have been completely read and explained to him by his attorneys, and
that those terms are fully understood and voluntarily accepted by him.
H. LIENS & INDEMNITY
It is expressly understood and agreed, Allen Henderson further covenant and agree that
any and all Medicare, Social Security, hospital, medical insurance coverage subrogation claims,
and/or any and all other type of liens or interest that is and/or could be claimed by any person
and/or entity, will be fully paid, satisfied, and released from the settlement proceeds paid herein,
in trust, unless and until such time as said liens and/or claims have been fully paid, satisfied, or
released.
In this regard, Allen Henderson agrees to indemnify and hold harmless the Party
Released, their insurance carriers and other similar entities, their attorneys, and all others in
privity with them, from any claim by, through, and/or under Allen Henderson including, but not
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limited to, any direct claim by Medicare and/or Social Security for reimbursement of any funds
paid by them relating to the injuries and claims arising from the incident in question.
I. ADDITIONAL DOCUMENTS
All parties agree to cooperate fully and execute any and all supplementary documents and
to take all additional actions, which may be necessary or appropriate to give full force and effect
to the basic terms and intent of this Settlement Agreement.
J. EFFECTIVENESS
This Settlement Agreement shall become effective following execution by Allen
Henderson and receipt of the settlement payment.
SIGNED this the day of , 2020.
Allen Henderson
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Allen
Henderson, 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.
SWORN TO AND SUBSCRIBED to on this the day of ,
2020 to certify which witness my hand and seal of office.
Notary Public — State of
12
SIGNED this the C;2--�'" day of �('��fi , 2020.
Laurie Hadley
City Manager — City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF lj4j i ��✓
BEFORE ME, the undersigned authority, on this day personally appeared Laurie Hadley,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
SWORN TO AND SUBSCRIBED to on this the % d f W—k65y
2020 to certify which witness my hand and seal of office
Notary Public LzState of
is
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Settlement, Release, and Indemnity Agreement with
Allen Henderson for Case Number 1: 1 9-CV-00355-LY.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/23/2020
Dept Director: Laurie Hadley, City Manager
Cost: $0.00
Indexes:
Attachments: Settlement-00457740.PDF, LAF-00457742.PDF
Department: Administration
Text of Legislative File CM-2020-299
Texas Municipal League's Attorney for the City of Round Rock, Blair Leake from Wright &
Greenhill, P.C., has requested the City execute a Settlement, Release and Indemnity
Agreement due to the City's agreement to a retroactive resignation as part of the mediation
settlement. The monetary portion of the Settlement Agreement will be paid by
TML-Intergovernmental Risk Pool.
City of Round Rock Page 1 of 1