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HomeMy WebLinkAboutContract 51680 r CITY SECRETARY RECEIVED CONTRACT NO. 51091D DEC 19 2018 CITY OF 1-ORT WORTH CITY SECRETARY RELEASE OF ALL CLAIMS WHEREAS, Polycarp N. Ducthuan, Individually ("Ducthuan"), and as President of the Congregation of the Mother Coredemptrix d/b/a Holy Family Religious and Retreat Center, located at 4057 Rendon Rd. Fort Worth, Texas, 76140 ("HFRRC"), is legally authorized to represent the HFRRC; and WHEREAS, HFRRC excavated or caused to have excavated a pond on its property which encroached and continues to encroach upon an easement, No. D211181654 Filed in Tarrant County Deed Records, ("Easement") granted to the City of Fort Worth("City"); and WHEREAS, as a result of such pond excavation, the City's use and enjoyment of the Easement was compromised; and WHEREAS, City has offered to restore the Easement during the course of construction of a sanitary sewer pipeline identified as Main 257 ("Main 257") in lieu of requiring HFRRC to restore the Easement; and WHEREAS, HFRRC understands that the City's restoration of the Easement necessarily diminishes the size of the pond; and WHEREAS, HFRRC and Ducthuan agree to hold the City harmless and absolve City from any and all issues of damages which may be caused by the diminished pond capacity including, but not limited to, flooding, reduced water storage capacity, damage to surrounding lands or HFRRC's property. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 1. That Polycarp N. Ducthuan, Individually and as President of the Congregation of the Mother Coredemptrix d/b/a Holy Family Religious and Retreat Center, who is legally OFFICIAL RECORD CITY SECRETARY RELEASE OF ALL CLAIMS Page 1 FT, WORTH,TX authorized to represent HFRRC herein, for and in consideration of the work to restore the Easement performed by the City of Fort Worth, Ducthuan and HFRRC, in their individual and representative capacities, do hereby unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which HFRRC, in their individual and representative capacities, might assert by reason of the City's restoration of its Easement within the pond area and any other kind, character or nature of damage which could or might be the subject of a claim by them arising from the City's work hereinabove described. 2. That in consideration of the work described above, Ducthuan and HFRRC, in their individual and representative capacities agree to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and all others connected with or in privity with the said City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by HFRRC, or by anyone on its behalf, arising out of the above described work to restore the Easement. 3. That the release of claims contained herein is given with full knowledge of all parties to the referenced work on the part of City to restore its Easement. 4. That this Release of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. RELEASE OF ALL CLAIMS Page 2 5. That Ducthuan and HFRRC represent and acknowledge that this Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail, to HFRRC by an attorney, if HFRRC so chooses, and that it is fully understood. 10. That, by his signature hereto, Polycarp N. Ducthuan represents and declares that he is more than eighteen (18) years of age and is fully competent to enter into this Release of All Claims, that his representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to him as inducement to enter into this Release Of All Claims. 11. That, whether specifically stated or not, any reference herein to "Polycarp N. Ducthuan" or "Congregation of the Mother Coredemptrix d/b/a Holy Family Religious and Retreat Center (HFRRC)" refers to the President and legal entity as established in the Texas Secretary of State Business Filing records, Filing No. 802102934 as of November 17, 2014. This agreement shall be effective as of the date the last party's signature is affixed hereto as indicated by the dates set forth below the respective signatures. ,aw ca At &�� P yc V N. Ducthuan, President, Congregation of the Mother Coredemptrix d/b/a Holy Family Religious and Retreat Center Date: �(J OFFICIAL RECORD CITY SECRETARY FY WORTH, TX RELEASE OF ALL CLAIMS Page 3 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Polycarp N. Ducthuan, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is the President of the Congregation of the Mother Coredemptrix d/b/a Holy Family Religious and Retreat Center and has executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 200 day of 2018. """ TRACY SEGURA Notary Public in an or the State of Texas Notary ID M 1269235D2 My Commission Expires „Ea, September 22,2D20 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX RELEASE OF ALL CLAIMS Page 4 4PPRED* C<- P - Date: ty Manager CITY OF FORT WORTH APPROVED AS TO FORM: Douglas W. Black Sr. Assistant City Attorney 1 1 L J 1 _ Date: Mary J. Kays it S retary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee Title OFFICIAL RECORD CITY SECRETARY RELEASE OF ALL CLAIMS Page 5 FT. WORTH,TX