CAUSE NO. 18-6796-393
JOHN T. THORNGREN,
IN THE DISTRICT COURT OF
Plaintiff,
VS.
DENTON COUNTY, TEXAS
DENTON CENTRAL APPRAISAL
DISTRICT,
Defendant.
393" JUDICIAL DISTRICT
SETTLEMENT AGREEMENT
1.
The parties hereto agree to settle all claims and controversies between them, asserted or
assertable in this case except
2.
The consideration to be given for this settlement is as follows:
shall receive the sum of $
U.S. dollars on or
before
, which sum will be paid by the following party(ies) in the
amounts stated:
and/or
shall execute a note payable to
on a
State Bar of Texas approved form with the following terms:
i.
principal amount
ii.
% interest pre-maturity and
% post-maturity
iii.
note date;
maturity date
iv.
payment terms
v.
secured by
, which shall be
evidenced by
3.
The above-styled and numbered case shall be resolved by:
an agreed order of dismissal with prejudice with costs taxed to the
, or
SETTLEMENT AGREEMENT - Page 1
2768164
(b)
an agreed judgment providing as follows:
The market value for account number to 6, 073
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(c)
any agreed judgment shall be signed by the trial judge, but may not be abstracted
7---6 / q
or recorded or any collection effort made upon same so long as the following conditions are kept:
4.
The parties 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, as of this date, arising from or related to the events and
transactions which are the subject matter of this case, except for the following:
dP
This mutual release runs to the benefit of all attorneys, agents, employees, officers,
directors, shareholders and partners of the parties except Ailiva-
"Party" as used in this release includes all named parties to this case as well as
as
all
related
entities
of the
parties
except
5.
Each signatory hereto warrants and represents:
(a)
he/she has authority to bind the parties for whom that signatory 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
encumbrance.
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6.
DAv)6
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shall deliver drafts of any further settlement docuinentsPA141-1""
to the other party(ies) by
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2417/9 . The parties agree to cooperate with eac11/41.1.fikAwoit
other in the drafting and execution of such additional documents as are reasonably requested or otrit.,(,"0--,/1-f
required to implement the terms and spirit of this Agreement.
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7.
If one (1) 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 by telephone
4
=4.)
j
conference with the mediator who facilitated this settlement. If the parties cannot resolve their
differences by telephone conference, then each agrees to schedule one (1) day of mediation with
the mediator within thirty (30) days to resolve the disputes and to share the costs of same equally.
If a party refuses to mediate, then that party may not recover attorneys' fees or costs in any
litigation brought to construe or enforce this Agreement.
Otherwise, if mediation is
unsuccessful, then the prevailing party or parties shall be entitled to recover reasonable attorneys'
fees and expenses, including the cost of unsuccessful mediation.
SETTLEMENT AGREEMENT - Page 2
2768164
8.
Ot
-r terms of this settlement are (1) each party pay their own attorneys' fees and costs;
(2) if any
1-fund is due the landowner, interest on the refund is waived for ninety (90) days from
the date t
- Ire
; (3) the parties agree this settlement is not an
admission of market value; and
(4) the Agreed Final Judgment cannot be used in any other
proceedings except to enforce its terms.
9.
This Agreement is made and performable in Denton County; Texas, and shall be
construed in accordance with the laws of the State of Texas.
10.
Each signatory to this settlement has entered into same freely and without duress after
having consulted with professionals of his or her choice. Each party hereto has been advised by
the mediator that the mediator is not the attorney for any party and that each party should have
this Agreement reviewed by that party's attorney prior to executing same.
11.
Each party acknowledges that they have conferred with counsel regarding the advisability
of entering this Agreement prior to signing it.
SIGNED this 24th day of May 2019.
Plaintiff:
Defendant:
Fur- de,40 .4 C40
Approved Attorneys for
Approved Attorneys for
Plaintiff:
Defendant:
SETTLEMENT AGREEMENT - Page 3
2768164