HomeMy WebLinkAboutContract 51459JP04-18-SC00009415
RONAf,D J. STULTS AND PAMELA J.
STULTS,
Plaintiffs,
vs.
CITY OF FORT WORTH,
Defendant.
CITY S17CRETARY
c -Q : k'i A0,T N0. - `� �
IN THE JUSTICE COURT
TARRANT COUNTY, TEXAS
PRECINCT NUMBER FOUR
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
I. RECITALS
WHEREAS, the undersigned, Ronald J. Stults and Pamela J. Stults, filed a small
claims petition with the Justice of the Peace Court on June 28, 2018, alleging damage to their
fence on the northern fence line of their property located at 8715 Wagley-Robertson Rd, Fort
Worth, Texas, 76131, in connection with the Northside II 48 Inch Water Transmission Main,
Phase 2 Project (the "Project").
WHEREAS, according to the petition, the undersigned further claims the City of Fort
Worth ("City") failed to fulfill an alleged contract dated August 26, 2016, to replace the fence.
WHEREAS, the undersigned claim damages in the amount of $7,800.00.
WHEREAS, the City denies any liability or wrongdoing of any kind and disputes all
claims and issues complained of, but is willing to enter this settlement for the purpose of settling
all claims, controversies and disputes between the parties in order to resolve this matter.
II. TERMS
NOW THEREFORE, the undersigned, Ronald J. Stults and Pamela J. Stults, being of
lawful age, for the sole consideration of Seven Thousand, Eight Hundred Dollars, ($7,800.00),
paid to Ronald J. Stults and Pamela J. Stults, do hereby (and for their heirs, executors,
administrators, successors and assigns) release, acquit and forever discharge the CITY OF FORT
WORTH (and its agents, servants, successors, officers, employees and all other persons, firms,
corporations, associations, and partnerships) of and from any and all claims, actions, causes of
action, demands, costs, loss of services, expenses and compensation whatsoever, which the
undersigned now have, or which may hereafter accrue on account of, or in any way growing out
of, any and all known and unknown, foreseen and unforeseen, injuries and damages, and the
consequences thereof resulting or to result from the undersigned's claims related to the Northside
II 48 Inch Water Transmission Main, Phase 2 Project, including but not limited to: (1) the
FICIN', ,' FC®RD
,:ITY Sl": _.,AETARY
FT. Ih+CA fH, TX
alleged August 26, 2016 contract for the northern property line fence replacement, (2) the actual
fence replacement to be completed by owner or owner's contractor, and (3) the construction
occurring adjacent to the undersigned's property that was conducted pursuant to the temporary
construction easement granted to City by the undersigned, filed as Instrument #D216222964, on
September 23, 2016, in the Deed Records of Tarrant County, Texas.
It is understood and agreed that this settlement agreement and the settlement
payment are not to be construed as an admission of liability by the City, and that the City
denies liability therefore and intends merely to resolve this matter without further delay.
The undersigned agrees to indemnify and hold harmless the City from any and all claims and
causes of action arising from the events made the basis of this settlement. Any and all claims
against parties not specifically released herein, if any, are hereby assigned in full to the parties
hereby released. Furthermore, this release is intended only to operate as a release of whatever
claims the undersigned may have against the City. The City expressly reserves any and all
claims it may have against the undersigned, or any others, if applicable.
The undersigned further declares or represents that no promise, inducement or agreement
not herein expressed has been made to the undersigned, and that this Release contains the entire
agreement between the parties hereto, and that the terms of the Release are contractual and not a
mere recital.
EXECUTED this, d y of C D , 2018.
JRRoaid J. Stults, intiff
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald J.
Stults, a person whose identity is known to me, and acknowledged to me that he has read the
foregoing Settlement Agreement and Release of All Claims, and that he executed the same for
the purposes and consideration therein expressed.
2018.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the ,2�__ day of d(4,/,k- ,
TRACEY M. McVAY
I
ID 8 8748554��
My Comm. Fop. Oct. 15, 2019 NOTARY UBLIC i a d for
\ -Ae State of Texas
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGE]
O '1CIAL RECORD
Settlement Agreement and Release of All Claims —Stults, Ronald J. and Pamela J. ci 17 St "ie AN
EXECUTED this day of1j, 2018.
�JStul
Pamels, Plaintiff
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Pamela J.
Stults, a person whose identity is known to me, and acknowledged to me that she has read the
foregoing Settlement Agreement and Release of All Claims, and that she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the a25 day of OA)
2018. �/�r�►���o TRACEY M. MWAY
ID 0 8748554
11 N �*r My comm. Exp. Oct. 15, 2019 11
CITY OF FORT WORTH
APPROVED:
Jesus J. Chapa
Assistant City Manager
APPROVED AS TO
Benda to J. Sampract
Sr. Assistant City Attorney
'ARY UBLIC in a6l for
State of Texas
Date:
/ () g- -1 V
Date: & — 5-- ) je
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Settlement Agreement and Release of All Claims — Stults, Ronald J. and Pamela J.
WFICIAL RECORD
ET. WORT[ -P,, TX
CIT y
A'i"I'FS'1'. Q
T
XO
iry
Mar;J. Kay r, tary H0�
Date:
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Edd Wines
Risk Management Analyst
M&C: N A
1295: NIA
Date: 164-26 /';?& 18
01- FICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Settlement Agreement and Release of All Claims — Stults, Ronald J. and Pamela J. Page 4 of 4