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HomeMy WebLinkAboutContract 35397`�-�� � `r �t.i'E��T�RY`o�`-�-"I� CUP�J`iF`�;',G�' ���. �_, x � SETTLEMENT AND RELEASE AGREEMENT WHEREAS, the City of Fort Worth ("City") purchased a Permanent Drainage & Sewer Line Easement ("Easement") for $2,500.00 as part of the Martha Lane, Malinda Lane N& S Neighbot•hood Streets Rehabilitation Project from Richard Silces, Jr. ("Silces") as recorded in D206399009, Deed Records, Tarrant County, TeYas; and WHEREAS, Silces has requested additional compensation for trees located within the easement area; and WHEREAS, the City and Silces have agreed to additional compensation in the amount of $5,000.00 for the trees. NOW THEREFORE, in consideration for the mutual agreement described herein, the parties to this settlement and release agreement agree as follows: (1) Certification. Sikes certifies that the compensation described herein is a one-time occurance and no other compensation will be forthcoming. (2) Release. For and in consideration of the City offering compensation and Silces' acceptance of compensation and the terms of this Settlement and Release Agreement, Silces has this day RELEASED, ACQUITTED, and FOREVER DISCHARGED the City of Fort Worth, Texas, its agents, servants and employees, from any and all claims and demands for future compensation. (3) Pa,yment and Other Consideration. Sikes grants this Settlement and Release for and in consideration of City's payment of compensation to Silces. (4) Adequacy of Consideration. The consideration expressed herein is hei•eby accepted in satisfaction of all claims and damages sustained or ever to be sustained arising out of the City Obligations and in full and complete discharge of the parties released herein. (5) No Representations. Silces further represents and warrants that it has read the terms of this Settlement and Release Agreement, that it understands and voluntarily accepts the terms, and that no promise or representation of any lcind has been expressed or implied to it by the parties hereby released or by anyone acting for those hereby released, except as expressly stated in this Settlement and Release Agreement. Sikes represents that he is the only person or entity to recover any damages from the released party arising out of the City Obligation. In that regard, Silces represents and warrants that it is not relying upon any advice of the parties hereby released, or the attorneys or representatives of those hereby released. ��.. e�1 �/. i� � ��i- � �., .-y,�.'i� ��t c ? . �lli ' I �;',l !�!',���, + J�.:'� � a i �:�i� �.— , �i , � ) ;1 � j5 ; � u �� �� � J J� t� �A� `;.. _., f• tl � � .,{i'�.� ,�';�d11 j�i�i�7 �a .< J� Gi� i �,a (6) Effectiveness. This Settlement and Release Agreement shall become effective immediately upon execution by Silces. Richard Silces, Jr. ;' { � By: Richard Silces, Jr. City of Fort Worth t�l�% ���. Marc A. Ott, Assistant City Manager Approved as to Form and Legality �-'_` j ,� tU _ -' ; � �� „ �,m�� Assistant City Attorney _ �[� ���c.:: _:. .�y'. �����ruG z � `'� j1�1AC� P.YIQCLr !% ��ity ;ecr�.rJ.r;- .� c��. �� _. Contraci� �ut oriz�tiox Date - -----� _i�J:,J._? 1:::�'�L�.'�; � ;i '� r c„ _ �%^�,����� --�t�;"'�0���1'1-���i�����1% ;�;� i;' �1�., ��6 0.,1; I - ✓ "'a �: J . . 7[J ,:^:C �f�i�ll _.�,� � I �i��, 1' J ! � �1 �;, : �;:;�,:1. �ti�� i��, � Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/29/2007 DATE: Tuesday, May 29, 2007 LOG NAME: 30SIKES SETTLE REFERENCE NO.: **C-22147 SUBJECT: Approve a Settlement and Release Agreement with Richard Sikes, Jr., Concerning a Permanent Sewer Line Easement and Permanent Drainage Easement Located in East Fort Worth at 5133 Malinda Lane North (DOE 4879) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Settlement and Release Agreement with Richard Sikes, Jr., concerning a permanent sewer line easement and permanent drainage easement located in east Fort Worth at 5133 Malinda Lane North (DOE 4879). DISCUSSION: On December 11, 2006, the City of Fort Worth purchased a permanent sewer line easement and permanent drainage easement from Richard Sikes, Jr., for a total of $2,500.00. The compensation was recommended by an independent appraiser. Mr. Sikes has requested additional compensation to replace trees that will be removed by the project. In order to avoid litigation, a settlement has been negotiated with Mr. Sikes to allow the City to enter the property and complete the project. The basic terms of the settlement are detailed below: * The City will pay Mr. Sikes an additional $5,000.00 as compensation for the loss of trees within the easement; and * Mr. Sikes agrees to allow access to the easement so the project can be completed, and as may be necessary in the future. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters C200 541100 204270016140 5 000.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Marc A. Ott (8476) A. Douglas Rademaker (6157) �Ilie Ingram (6645) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/15/2007