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HomeMy WebLinkAboutContract 43768-SA1 7nmu CffYSEC ,moo CONTRACT NO, *4 SETTLEMENT AGREEMENT AND RELEASE 'I"his Seq, P m. I went agreement and Release (the "Agreement" is reds and entered 'Into this ' ml 2013, (the "E `pct ve Date'' � and. between the �.1 �� day of µ h a hone-rul municipal corporation of the State of Texas, acting by and through Susan. M Alan s, its duly authorized ,assistant City Manager, and Aurora Bleu, a general partnership, by .. and through its ;general partners Markin Gonzales and Stephanie Diane Garcia* w A. "Performer" means and includes aurora Bleu and/or its partners, representatives, members, managing mernbers, officers, managers, proprietors, directors, employees, represent ti es, .gents, subsidiary rga,niza.tions, parent organizations, successor entities, assigns, predecessors, stockholders, administrators, contractors, and related companies. City" means and includes the City of Fort Worth, Texas, and its officers, representatives, agents, servants, and employees. "Contract" means and includes Tort Forth City Secretary Contract CSC Numbers 43768, a. Music Performance Agreement between the City of Fort Worth and aurora Bleu to Perform at Fort Worth Great Outdoors, :lolly's Ultimate Adventure. "Parties" means and includes the City and Performer. Recitals WHEREAS, can October 13, 2012, the City hosted Fort Forth Great Outdoors, Molly's Ultimate Adventure at the Greenbri.ar Community Center located ,at 5200 Hemphill Street, 'Fort Worth, Texas ("Event"), WHEREAS, the City desired to feature live music at the Event" 4 WHEREAS, the Parties entered into the Contract, in which the Performer was incorrectly named as an individual with whom Martin Gonzales was authorized to represent; WHEREAS, the Performer acknowledges that the true and correct party to the Contract was Aurora. Bleu, a Texas general partnership, and that, Martin Gonzales was acting by and through that entity in executing the Contract-, WHEREAS, the Parties disagree and have a bona fide conflict regarding a dispute that has arisen as to the Parties' obligations under the Contract- WHEREAS, the City denies any and all liability but desires to avoid the uncertainties, annoyance, and expense of litigation and to fully and finally settle and compromise any and all RECORD settlement and Release Agreement for CSC 8 OFFICIAL % 4 M C SECRETAkf Ilry s WORTHs "'-'-°^'^^•+✓awwx wemxm%%pyl,yl%rvrvrvrvrvrvrvrvrvrvrvrvrvrvrvrvmlmmrvrvrvrvry ry%%%Mrvry ry mmmmnniirvrvrvrvrvrvrvm iiii ..........IIh IIIIIIh IMllll ImMiM1M A& vo claims, that could have been asserted by the Performer for damages arising out of or in d connection with the Contract an , WHER-EAS, Performer hereby agrees to fully and finally resolve all claims, against uty • regarding the Contract as set forth in this Agreement., Co A green"It, Release, & uoveriants, o NOW1 THEREFORE, the Parties hereto, in consideration of," the Mutual covenants set forth herein and intending,to be legally bound hereby, stipulate and agree as folllo,ws.. I., That Performer, for and in consideration of payment by the City in the sum of SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($750.00), hereby COMPROMISES, SETTLES REI-JNQUISHES, RELEASES, ACQUITS, and F" VET DISCHARGES, the City of and from any and all claims, demands, debts, liens,, costs,, expenses, actions, and causes of action of whatsoever nature, description of character', whether in tort or in contract, or by virtue of the common law, statute, or regulation, known or unknown, heretofore existing between the Parties, whether known or unknown, which may have accrued or may accrue, on account of, arising from, or in any manner growing, out of, relating to, resulting from, or 'in any way connected to Contract or the transactions and occurrences involving the Contract described and referenced herein, including, but not limited to,, any and all claims, for exemplary damages., consequential damages, contractual damages, economic loss, attorney's fees, and any and all damages riecoverab,le under the laws of the State of Texas and any and all other statutory or common law legal damages, known or unknown. 2. "That, in consideration of the respective payment described above, Perfon-ner agrees to INDEMNIFY AND FOREVER HOLD HARMLESS AND DEFEND THE CITY AND ALL OTHERS CONNECTED WITH ORIN PRIVITY WITH THE CITY FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, ANY COSTS OR EXPENSES IN CONNECTION THEREWITH,: WHICH MAY HEREAFTER BE BROUGHT BY PERFORMER, OR BY ANY PERSON OR ENTITY, ARISING OUT' OF' AND/OR RELATED TO THE CONTRACT, 3. This instrument contains the entire agreement between the Parties and the terms of this instrument are contractual and not merely recitals. There are no other agreements, either written or oral, and the execution of this Agreement supersedes all earlier representations, tn negotiations, or agreements about this matter. The Parties acknowledge that the covenants,,, promises, and representations made herein are binding on, and inure to, the benefit of each party', including, but not limited to, the settlement and Release Agreement for("SC 43768 2 Parties' representatives, assigns, agents, and employees, and all other firms, corporations, and legal entities connected therewith. 4. Performer warrants that no promise or inducement has been offered except as set forth herein; that this Agreement is executed without reliance upon any statement or representation of any person or, party's release, or its representatives, concerning the nature and extent of the losses, injuries, damages, and/or legal liability therefore; and that the acceptance of the consideration set forth herein is in full accord and 01 satisfaction of disputed claims for which liability is expressly denied. I 'he Part' 5. It is understood that this Agreement is a compromise of a,disputed claim. I parties desire to co mpromise and settle all matters, and things in dispute to avoi d the hazard, inconvenience, uncertainty, and expense of litigation. The payments and settlement terms referred to herein are not to be construed as an admission of liability on the part of the City, all of which, is expressly dented., 6. Performer represents that it has consulted, or had the opportunity to consult, ,, an attorney to seek legal counsel regarding the contents and effects of this Agreement. Performer further represents that it has been informed of the content and effect of this instrument and that the instrument is executed as its act and deed and of its own free will., 7. Performer represents and warrants that it is the sole owner of the claims, causes of actions,, and rights-in acti on being released herein,, and it has not transferred, assigned, or otherwise encumbered said claims or any part thereto. 8,. In the event that any provision of this Agreement is field void, voidable, or unenforceable, the remaining portions shall remain 'lln full force and effect. 9. This Agreement may be executed in multiple originals each of which shall be deemed an original. for all purposes. 10. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in I -s District Court for the Northern District of Tarrant County, Texas or the! United State I I Texas— Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11. The 'Parties represent and warrant 'that they are over the age of eighteen (18) years, competent to execute this Agreement, have carefully read the foregoing Agreement, Settlement and Release Afire ernentfor CSC 43768 3 of 6 and know the contents thereof and have signed the same of their own free will and with the advice of counsel, if applicable. IN WITNESS HEREOF, the Parties,hereto have �e sec uted this Agreenient on the'Effect ive DIate. CITY OF FORT WORTH AURORA BLEU, a Texas general papfnership, P 4 A A by-. V44 b AL S an Alanis Martin Gonzales ssistant City Manager General Partner by* SI rue Diane Garcia - heral Partner APPROVED AS TO FORM AND LEGALITY.- .0 Tyler F,?Wallach Assistant City Attorney A T qru rr 1,S ED BY. Re" 'Mary Kays City Secret VAS No M&C required OFFICIAL RECORD settlement and Rdease Agreement for CSC 43768 d ID CITY SECREtAky FT9 H TX STATE OF TEXAS § COUNTY OF TAR RANT' § BEFORE ME7 the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Susan Alanlis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. 01,"" GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2 WE LINDA,M.H IRR'LINGER IF My COMMISSION EXPIRES Nota' Public in and for ry Fobruary 2,2014 The State of Texas STATE OF A]J § COUNTY OF ael%o 91 BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared Martin Gonzales, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Aurora Bleu, a general partnership, for the purpose and consideration therein expressed and in the capacity therein stated. I Af k' j GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 41/ H1 pu&4 ............... A�* C Notary ublic in zz 0 *.*"E" The State of C, te t� 6'ZATE C* .4b, N\ V/Z p 05-2A' vX/80!i Settlement and Release Agreement for CSC 43768 STATE OF COLJNTY OF BEFORE ME., the undersigned authority, a Notary Plub c in and for the State of te, on this day personally appeared Stephanie Diane Garcia, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Aurora Bleu, a general partnership, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,,D day of 201-9. Y P Notary Public in and 1P, *NOW The State of .............. 6 of 6 Settlement and Release AgTeerne'rit for CSC 43768