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Home My WebLink AboutContract 38741CITY SECRETARY ko CONTRACT NO, SETTLEMENT AND RELEASE AGREEMENT WHEREAS, on or about November 22, 1989 the City of Fort Worth, Texas ("City") entered into a Lease Agreement, and thereafter a lease renewal, with Queen Maria Riverboats, Inc., for premises located on the Lake Worth front for the operation of the Queen Maria Riverboat (also known as "Princess Elizabeth"), and related activities by City Secretary Contract No. 17485; and WHEREAS, in November of 20071 Queen Maria began to sink into Lake Worth; WHEREAS, on or about November 17, 2007, Eagle Construction and Environmental Services, LP ("Eagle") responded to the concerns posed by the sinking of Queen Maria, including but not limited to a diesel spill; and WHEREAS, such response action was not a response to an imminent danger to health and safety nor authorized by the Fort Worth City Council through M&C and contract; and WHEREAS, both parties agree that the City and Eagle did not enter into a written agreement for the response action taken due to Queen Maria sinking; and WHEREAS, the City has determined that it is in its best interest to compensate Eagle for some of the work performed in Eagle's response action under the terms and conditions contained herein and thereby avoid future dispute over amounts owed by the City. NOW THEREFORE, in consideration of the mutual promises described herein, including the Recitals set forth above, which are incorporated herein by reference, the City and Eagle agree as follows 1. RELEASE. For and in consideration of the City paying Eagle an amount equal to $23,000 for the removal of Queen Maria, and for all other terms and condition set forth herein, Eagle SETTLEMENT AND j Page 1 of 6 i(d44�i'�RY 11� I a IjY H, Y�)( ( — — hereby completely RELEASES AND FOREVER DISCHARGES the City of Fort Of Texas, its agents, servants, and employees, from any and all claims, demands or causes of action of any kind whatsoever, at common law, statutory, or otherwise, which Eagle has now, known or unknown, now existing, directly or indirectly attributable to the response action for the sinking of Queen Maria and it being intended by the Settlement and Release Agreement to RELEASE, ACQUIT and FOREVER DISCHARGE all claims of any kind which Eagle might have against City related to Eagle's response action for the sinking of Queen Maria. or related action and all cost associated with such response action. This release shall be a fully binding and complete settlement between the City and Eagle. The term response action shall mean any and all action taken by Eagle, or attributable to, directly or indirectly, the sinking of the boat Queen Maria beginning November 17, 2007 until the date this Agreement is fully executed. 2. CONSIDERATION. In consideration of the release set forth above the City hereby agrees to pay Eagle an amount equal to $23,000. Upon execution of this Agreement, the City also agrees to issue a one-time notice to Queen Maria Riverboats, Inc. stating that the City has made payment (or intends to make payment) to Eagle in the amount of $23,000 and it has advised Eagle to seek the remainder of the fees associated with Eagle's response action as provided for in Exhibit A from Queen Maria Riverboats, Inc.. Both parties agree and acknowledge that such notice to Queen Maria Riverboats, Inc. is not an admission of an obligation on the part of the City to seek and collect payment for the remainder amount due for Eagle's response action, nor is it a representation to Queen Maria Riverboats, Inc. that the amount is being assessed by the City, nor is a claim by the City for payment. SETTLEMENT AND RELEASE AGREEMENTexecutioncopy Page 2 of 6 Upon payment of $23,000 and issuance of the notice to Queen Maria Riverboats, Inc., Eagle hereby agrees that the City shall have no other obligation to pay or collect any amount Eagle claims to be due and owing for its response action. 3. PAYMENT AND OTHER CONSIDERATION. Eagle grants this Settlement and Release for and in consideration %J City submitting payment of $235000 to Eagle within 30 days of execution of this Release and issuing notice to Queen Maria Riverboats, Inc. as provided for herein. 4. ADEQUACY OF CONSIDERATION. The consideration expressed herein is hereby accepted in satisfaction of ail claims and damages against the City sustained or ever to be sustained arising out of Eagle's response action to Queen Maria sinking and is a full and complete discharge of the City. S. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT. Eagle represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Agreement, that Eagle has the sole and exclusive right to execute this Agreement and receive the benefits herein, and that Eagle has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Agreement. SETTLEMENT AND RELEASE AGREEMENTexecutioncopy Page 3 of 6 G. DISCLAIMER OF LIABILITY. The City and Eagle agree and acknowledge the consideration specified in this Agreement is a full and complete compromise of matters involving disputed issues. 7. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST. This Agreement contains the entire agreement between the City and Eagle regarding the matters set forth herein, and it shall be binding upon and inure to the benefit of the administrators, personal representatives, heirs, successors, and assigns of each. 8. CONSTRUCTION BY STATE LAW. This Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with its laws. 9. EFFECTIVENESS. This Agreement shall become effective immediately following execution by all of the parties. EXECUTED in duplicate originals on the date hereinafter indicated. EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES LP Date:`Ocl Approved for form and legality: ,GU. Attorney a Ku avv THE CITY OF FORT WO Dale A. Fisselbr,,�P�E. City Manager � � � Date: Christa I�. Reynolds Assistant City Attorney SETTLEMENT AND RE EASE AGREEMENTexecutioncopy A Page 4 of 6 � 0 NO 1Vt&C REQUIRED Clty Secretary STATE OF TEXAS § COUNTY OF ARRANT § BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared P '6 r� /. Gi � Ll in the capacity of yl a pr S- ) GUftiL of Eagle Construction & Environmental Services LP, who being by me first duly sworn on oath, deposed and said that he/she has read the foregoing Settlement and Release Agreement and acknowledged to me that he/she executed it for the purposes and consideration therein expressed on behalf of Eagle Construction & Environmental Services LP in his/her official capacity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,,vki 2009. JOANNA BARRON 'z°• `n Notary Public €_�• STATE OF TEXAS jry:� My CoMrnission -- Expires 11/13/2010 $ ��eaaa4��#4��.�M�pµaasoouvoaoaonsac4u>� STATE OF TEXAS § COUNTY OF TARRANT § Not�•Sb Public in and for to of TEXAS BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared Dale A. Fisseler in the capacity of City Manager of the City of Fort Worth, who being by me first duly sworn on oath, deposed and said that he has read the Foregoing Settlement and Release Agreement and acknowledged to me that he executed it for the purposes and consideration therein expressed on behalf of the City of Fort Worth in his official capacity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this of 2009. ROSELLA BARNES MY COMMISSION EXPIRES March 31, 2013 Notary Public in and for The State of TEXAS SETTLEMENT. AND RELEASE AGREEMENTexecutioncopy Page 5 of 6 EXHIBIT "A" SETTLEMENT AND RELEASE AGREEMENTexecutioncopy Page 6 of 6 Exhibit "A" To the Settlement and Release Agreement by and between the City of Fort Worth and Eagle, LP. CIT005-00 City of Fort Worth 02/25/2008 70918 02-75-0230 $ 43,340.08 CIT005-00 City of Fort Worth 04/02/2008 71348 02-75-0230 $ 5,865.00 CIT005-00 City of Fort Worth 05/02/2008 71776 02-75-0230 $ 8,556.56 CIT005-00 City of Fort Worth 05/09/2008 71904 02-75-0230 $ 6,101.08 Subtotal of Remaining Invoices: Less: Settlement and Release payment made by the City to Eagle in accordance with the Settlement and Release Agreement Total Assigned and Released Claims: $ 63,862.72 $ 23,000.00 $ 40,862.72