HomeMy WebLinkAboutContract 45855 CITY SECRUAW
CONTRACT NO.
NEGOTIATED SETTLEMENT AGREEMENT
This Settlement Agreement is between the City of Fort Worth ("City"), by and
through its authorized Assistant City Manager, and Dara Vanh Prasthane.
WHEREAS, Dara Vanh Prasthane alleges that the City removed six trees from
6712 Marvin Brown Street in Fort Worth without first obtaining permission from Dara
Vanh Prasthane and has claimed damages because of their removal;
WHEREAS, Dara Vanh Prasthane was the owner of 6712 Marvin Brown Street at
the time the six trees were removed by the City;
WHEREAS, the City and Dara Vanh Prasthane agree that bona fide disputes and
controversies exist between the two parties related to the removal of the six trees at 6712
l Marvin Brown Street;
WHEREAS, the City and Dara Vanh Prasthane desire to compromise and settle
any and all claims and/or causes of action between the parties related to the removal of
the six trees at 6712 Marvin Brown Street;
WHEREAS, the City and Dara Vanh Prasthane acknowledge that this settlement
rn
rn agreement covers only the dispute between the parties relating to the removal of the six
(n trees from 6712 Marvin Brown Street; and
WHEREAS, the City relied on Dara Vanh Prasthane's representations to reach
1
this agreement. ..,,,, ,,, ,,. „,., ..,.�m..a„„a. ..,
OFFICIAL,RECORD
CITY '.SE(,*1ETPaR,,Y
Negotiated Settlement Agreement Page 1 of 4
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual
t
promises and agreements made herein, and other valuable consideration, the receipt and
sufficiency of which is acknowledged, the City and Dara Vanh Prasthane agree as
follows:
1. Release by Dara Vanh Prasthane: 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, Dara Vanh Prasthane does hereby RELEASE,
ACQUIT, and FOREVER DISCHARGE the City's agents, servants,
contractors, employees, executors, heirs, and assigns, and all persons, natural
or 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 Dara Vanh Prasthane has now, known or
unknown, existing, directly or indirectly attributable to the removal of six trees
from 6712 Marvin Brown Street in Fort Worth, it being intended by the
Settlement Agreement to RELEASE, ACQUIT, and FOREVER DISCHARGE
all claims of any kind which Dara Vanh Prasthane might have against the City
related to the removal of six trees from 6712 Marvin Brown Street in Fort
Worth.
2. Consideration.
For and in consideration of the recitals and releases set forth above and other
provisions set forth below:
a. The City agrees to pay Dara Vanh Prasthane the sum of$3,000.00.
Negotiated Settlement Agreement Page 2 of 4
3. Parties Bound.
This Settlement Agreement shall be binding upon and inure to the benefit of the
parties to this Settlement Agreement and their heirs, executives, administrators, legal
representatives, successors, and assignees.
4. Representations.
The City has relied on the representations of Dara Vanh Prasthane to reach this
settlement. The parties agree that these representations survive this settlement agreement.
5. Texas Law to Apply.
This Settlement 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 Settlement
Agreement are performable in Tarrant County, Texas.
6. Legal Construction.
If any of the provisions contained in this Settlement 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 the Settlement Agreement, and
this Settlement Agreement shall be construed as if the invalid, illegal, or unenforceable
provision had not been included in the Settlement Agreement.
7. Amendment.
No amendment, modification, or alteration of the terms of this Settlement
Agreement shall be binding unless it is in writing, dated subsequent to the date of this
Settlement Agreement, and duly executed by the City and Dara Vanh Prasthane.
Negotiated Settlement Agreement Page 3 of 4
Executed and effective on the Ih day of August, 2014, at Fort Worth, Tarrant
County, Texas.
a
Dara Vanh Prasthane
r
Date:
Thanh Thuc Ha
STATE OF TEXAS § 04 °4•'�
Notary Public. f
State of Texas
Comm. Exp.05-19-15
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, Notary Public in and for the State of
1 Texas, on this day personally appeared Dara Vanh Prasthane, known to me to be the
l 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 day of August,
2014.
Notary Pub 'c in and o?the State of Texas
THE CITY OF FORT WORTH
By: Fernando Costa, Assistant City Manager rr F a,
.,w
,. .,,,d pQQ�ypG`rC5t7QOtJ® ,grp-»;��
�y: ary er y Sedretary n ,�
*`?� GODCJFSpO
APPROVED AS FORM AND LEGALITY:
tep en ,., utnbie �°Cai' i � :CRC,��°,a�� Y
Asistant City Attorney
Negotiated Settlement Agreement Page 4 of 4