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HomeMy WebLinkAboutContract 56546 r CITY SECRETARY RECEIVED WNTRACT NO. OCT 2� 202 qr CT 2 7 2FORTW0 1 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITI'SE'CWETAW I. PARTIES This Settlement Agreement and Release ("Agreement" or "Settlement Agreement") is made between the City of Fort Worth (the"City"), a home rule municipality of the State of Texas, acting by and through its authorized Assistant City Manager, and Daljit Singh ("Singh"). The City and Singh are sometimes individually referred to as a"Party" and collectively as the"Parties." II. RECITALS WHEREAS, the Daljit Singh is the owner of real property located at 9455 W. Cleburne Road(the"Property"),within the City of Fort Worth.The Property is legally described as a 12.493 Acre tract of land situated in the Moses Walters Survey,Abstract No. 1598,recorded in Instrument No. D214256810 of the Deed Records, Tarrant County, Texas; WHEREAS, the Fort Worth City Council determined that the Property is needed for the McCart Avenue/McPherson Boulevard Project (the "Project") that will extend McPherson Boulevard from Cleburne Road eastward to the future McCart Avenue; the land rights in the Property are needed for new travel lanes,storm drainage improvements,sidewalks,and streetlights as necessary; public necessity required the acquisition by condemnation of the Property, located within the alignment of the Project; the use of the Property will be a public use; and the Real Property Division of the Property Management Department is authorized to acquire by negotiation the Property needed for the Project. WHEREAS, the Fort Worth City Council on September 17, 2019, in M&C 19-0151, ordered and decreed that a public necessity existed for 1.395 acres in permanent right- of-way easement and a total of 0.7869 acres for temporary construction easements from the Property; Ne$jotiated Settlement Agreement-CPN CO2505 P9 Sineh Page T r WHEREAS, in accordance with Texas Property Code § 21.0113, the City made a bona fide offer to acquire voluntarily the Property from Singh, but the Parties were unable until now to agree upon the value of the land and interest therein to be condemned or the damages, if any, caused by the acquisition of the land and improvements; WHEREAS, the Parties have engaged in considerable good faith negotiations and discussions in an effort to amicably resolve all claims and matters that the Parties have arising out of the acquisition of the permanent right-of-way easement and temporary construction easements; WHEREAS, the City and Singh agree that bona fide disputes and controversies exist between them; and WHEREAS, the Parties mutually wish to avoid litigation relating to the Property, and therefore are desirous of a final negotiated settlement and compromise in order for the City to acquire the property it needs from Singh for the Project. The City has agreed to settle all disputes between it and Singh for the sum of$382,153.00 for the land described in Exhibit A, for which the City declared the necessity for in Mayor & Council Communication 19-0151 on September 17, 2019, under the terms more frilly set forth herein. III. TERMS NOW,THEREFORE, in consideration of the recitals set forth above,the mutual promises and agreements made herein,and other valuable consideration,the receipt and sufficiency of which is acknowledged,the City and Singh agree to the following: 1. Release by Daliit Singh: For and in consideration of the recitals set forth above and the actions to be taken under the terms of this Settlement Agreement as described below, Singh does hereby RELEASE, ACQUIT, and FOREVER DISCHARGE the City, the City's agents, servants, contractors, employees, executors, heirs, and assigns, and all persons, natural or NelZotiated Settlement Agreement-CPN CO2505 P9 Singh Page 2 corporate, in privity with it or any of said persons from any and all claims, demands, or causes of action of any kind whatsoever, at common law, statutory, or otherwise, which Singh has now, known or unknown, existing at the time of execution of this agreement, directly or indirectly attributable to the City, related to the Property, including but not limited to: any takings claim, Tort Claims Act claim, state or federal constitutional claim or state statutory claim of any kind. It being intended by this Agreement to RELEASE,ACQUIT, and FOREVER DISCHARGE all claims of any kind which Singh might have against the City relating to the Property. This release shall be a frilly binding and complete settlement between the Parties. 2. Consideration by the City. For and in consideration of the recitals and releases set forth above and other provisions set forth below, to fully and finally settle this dispute and to obtain the described in the "City of Fort Worth Permanent Right-of-Way property Easement and Temporary Construction Easements"that are attached as Exhibit I and that are further described in Exhibits A, B, and C, all exhibits attached and incorporated in this Agreement, the City agrees: • To pay Singh the total amount of$382,153.00 for the permanent right-of-way easement and the temporary construction easements that are further described in Exhibits A, B, and C; • To install one (1) residential curb cut at the western property line alone W. Cleburne Road and two(2)residential curb cuts at the southern property line to allow access to the Property from the future McPherson Boulevard. Such curb cut installations shall be constructed in accordance with the City's development ordinances; Negotiated Settlement Aireement-CPN CO2505 P9 Si Page 3 • To extend water service to the southeast portion of the Property along the future McPherson Boulevard and provide one 2" water service line; • To provide one 4" sewer service line with clean out along W. Cleburne Road; and • To provide Singh relocation assistance and advisory services in accordance with the rules established by City Council Resolution No. 4430-04-2015, said rules being compatible with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (URA), as amended. 3. Consideration by Singh. For and in consideration of the recitals and releases set forth above and other provisions set forth below, to frilly and finally settle this dispute and to obtain the property described in the "City of Fort Worth Permanent Right-of-Way Easement and Temporary Construction Easements" that is attached as Exhibit I and that is further described in Exhibits A, B, and C, all exhibits attached and incorporated in this Agreement, Singh: • Shall be responsible for relocate the house, at his own expense, to a portion of the Property that is not within the Project area on or before December 1, 2021. Should the house not be relocated by December 1, 2021, the City may raze the house. Singh is subject to any relevant City Ordinances including, but not limited to permitting applications and permitting fees. • Shall be responsible for hiring a contractor to extend water and sewer service from the Property to the City's extended water and sewer lines; • Shall be allowed to tie into the City's sewer and water lines upon application to the City for proper permits. Singh is subject to any relevant City Ordinances Negotiated Settlement Agreement-CPN CO2505 P9 Singh Page 4 including, but not limited to platting requirements, permitting fees, sewer and water tap fees and water and wastewater impact fees. 4. Easement Documents. Singh, at the signing of this Agreement, will execute and deliver to the City an easement document conveying both a permanent right-of-way easement and two temporary construction easements in the form attached as Exhibit I. The document includes as an exhibit a survey and metes and bounds description for the Property that Singh is conveying the City. 5. Right of Entry Documents. Sing, at the signing of this Agreement, will execute and deliver to the City a temporary right of entry document conveying a temporary right of entry in the form attached as Exhibit II. 6. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and their heirs, executors, administrators, legal representatives, successors, and assignees. 7. Prior Agreements Superseded. This Agreement constitutes the only agreement of the City and Singh for settlement of any and all claims arising from the condemnation action against Singh; and it supersedes any prior understandings and written or oral agreements between the Parties respecting the settlement of this case. 8. Texas Law to Apply. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the Parties created by this Agreement are performable in Tarrant County, Texas. 9. Legal Construction. If any of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Negotiated Settlement Agreement-CPN CO2505 P9 Singh Page 5 Agreement shall be construed as if the invalid, illegal,or unenforceable provision had not been included in the Agreement. 10. Remedies. If either Party commits a breach of this Agreement,the non-breaching Party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act, specific performance, mandamus, and injunctive relief; provided, however, that the non-breaching Party shall not be entitled to terminate this Agreement. The Parties specifically waive any right that they have or in the future may have to terminate this Agreement. In addition, the prevailing party in any such action shall be entitled to reasonable attorney's fees and costs of litigation as determined in a final, non-appealable order in a court of competent jurisdiction. 11. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the City and Singh. 12. Payment. Payment shall be made to Daljit Singh within thirty(30) days of the execution of this Agreement by all Parties. All attorneys' fees and costs are to be paid by the party incurring the same. Executed and effective on the�day of 3L, P,2021,at Fort Worth,Tarrant County, Texas. 4,x Daljit Sing Negotiated Settlement Agreement-CPN CO2505 P9 Singh Page 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared Daljit Singh,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, and in the capacity therein stated../� GIVEN UNDER MY HAND AND SEAL OF OFFICE this �'7��'day of 5 kG,?,-2021. OSWALD LEE DOVIU Notary Public in and for the State of Texas Notary Public,State of Texas Q� Comm. Expires 10-04-2023 Notary ID 13219$539 Negotiated Settlement Agreement-CPN CO2505 P9 Singh EOFFICIALIgPIRD SECRETARYWQRTH,TX APPROVED AS FORM AND LEGALITY: Lyn i ter Senior A • tant City Attorney City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 (817) 392-7600 Attorney for City of Fort Worth APPROVED AS TO FORM: N n Carney John H. Carney&Associa s 10541 Berry Knoll Dr. Dallas, Texas 75230 214-549-0555 Fax 214-890-1155 'hcblue�i.),gmail.com Attorney for Daljit Singh ATTEST: THE CITY OF FORT WORTH By: Dana Burghdc# Assistant City Manager By: kuya.1 cl P. C10t12ra l� S CAAjCity Secretary t'°'.ram 3 f•- rOFFICIAL RECORD SECRETARY Negotiated Settlement Agreement-CPN CO2505 P9 Singh WORTNgAX