HomeMy WebLinkAboutContract 59365CITY SECRETARY a
OONTRACTNO . ~j3k'5
CAUSE NO. 096-339662-23
YELLOWSTONE LANDSCAPE -§
CENTRAL, INC., §
§
Plaintiff, §
§
~ §
§
CITY OF FORT WORTH PARKS §
AND RECREATION DEPARTMENT §
§
Defendant. §
IN THE DISTRICT COURT
96 th JUDICIAL DISTRICT
TARRANT COUNTY, TEXAS
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement ("Agreement") is entered into
by and between Yellowstone Landscape-Central, Inc., ("Yellowstone Landscape") and
the City of Port Worth ("City"), a home-rule municipal corporation of the State of Texas.
Yellowstone Landscape and City are collectively referred to herein as the "Parties."
WHEREAS, Yellowstone Landscape f/k/a Greener Pastures, Landscape, Inc., and
the City entered into a contract on April 12, 2018 for the purpose of providing mowing and
grounds maintenance services to the City, the same being recorded with the City Secretary
as City Secretary Contract Number 51265 (the "Contract") and entered into an amended
contract and renewal on April 8, 2019 recorded as City Secretary Contract Number 51265-
RlAl; and
WHEREAS, Section 4.2 of the Contract required Greener Pastures to submit all
invoices to the City within two (2) weeks of completing the work in order to allow time for
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITY SECRETA RY
FT. WORTH, TX
staff to verify the work was completed; and
WHEREAS , Section 4.4 of the Contract give the City the right to inspect all work
to verify whether it was completed and further states that Greener Pastures would not be
paid for incomplete work or failure to complete work; and
WHEREAS, Yellowstone filed suit against the City alleging breach of contract and
also alleging that the City owed it $26,991.48.
WHEREAS, the Parties have a legitimate disagreement concerning the amount of
money the City owed to Yellowstone; and
WHEREAS, the Parties have agreed to compromise and settle all claims and
potential causes of action of any kind that it has or may have against one another, its agents ,
employees, workers, and representatives, arising out of the disagreement over the amount
of money due to Yellowstone Landscape by the City in consideration of the payment to
Yellowstone Landscape by the City in the sum of Fifteen Thousand Four Hundred Eighteen
and 86/100 Dollars ($15,418.86); and,
WHEREAS, even though the City denies any liability of any kind stemming from
Yellowstone Landscape's claims, the City has agreed to the payment terms described above
in compromise and settlement of disputed claims and in order to avoid time consuming and
costly litigation.
THE PARTIES AGREE AS FOLLOWS:
1. That for and in consideration of payment by the City to Yellowstone
Landscape of the sum of Fifteen Thousand Four Hundred Eighteen and 86/100 Dollars
($15,418.86), and for and in consideration of acceptance of same by Yellowstone
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2
Landscape, together in full and final settlement of all claims arising out of the dispute over
funds owed to Yellowstone Landscape, each Party does hereby unconditionally release,
acquit and forever discharge the other, its agents, employees, workers and representatives ,
and all others connected with or in privity thereto, of and from any and all claims of every
kind, character or nature which either paiiy might assert against the other by reason of the
above described circumstances .
2 . That this Settlement Agreement and Release may be executed in a number
of identical counterpai1s, each of which shall be deemed an original for all purposes.
This Settlement Agreement and Release is effective as of the date the last paiiy
signature is affixed hereto as indicated by the dates set forth below the respective
signatures.
APPROVED AS TO FORM:
Ji:::: 'ii-~ ✓
Christopher B. M;;.i;,; ~
Senior Assistant City Attorney
By:C6)L&
Jesica McEachem
Assistant City Manager
Date:~ q
Date: _~_,__/q__,_/...:.....,,,,cf J __
OFFIOAL RECORD
CITY SECRETARY
FT. WORTH, TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Pa ge 3
APPROVED AND AGREED TO:
Yellowstone Landscape-Central, Inc.
Chris Adornetti
(printed name)
-i
Attorney for Yellowstone Landscape-Central, Inc.
ATTEST:
Date: 5/4/2023 ---------
SVP of Accounting
(title)
Date: c£ · '& · :Z o2,>~
OFFICIAL RECORD
COTY SECRETARY
FT. WORTH, TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEAS E OF ALL CLAIMS Pag e 4
DOCUMENT TITLE:
FORT WORTH
Routing and Transmittal Slip
City Manager's Office
Department
Compromise Settlement Agreement and Release of all Claims; Yellowstone Landscaping v. City of
Fort Worth
A .
DATE: 61" I 1,~
TO: INITIAL~ DATE OUT
1. Jesica McEachern c:s -q _ 0-~
2. Jannette Goodall
3 . Laura GreQorv
4 .
5.
6.
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first when applicable. Once the ACM has signed the routing slip ,
David Cooke will review and take the next steps.
NEEDS TO BE NOTARIZED: □ Yes X No
RUSH: D Yes D No SAME DAY: X Yes D No NEXT DAY: D Yes D No
ROUTING TO CSO: □ Yes □ No
Action Required:
□ As Requested □ Attach signature, initial and Notary Tabs
□ For Your Information
X Signature/Rout ing and or Reco r ding
□ Comment
□ File
Return to: Please call or ema il Laura Gregory for pick up when completed . Thank you .