HomeMy WebLinkAboutContract 35397`�-�� � `r �t.i'E��T�RY`o�`-�-"I�
CUP�J`iF`�;',G�' ���. �_, x �
SETTLEMENT AND RELEASE AGREEMENT
WHEREAS, the City of Fort Worth ("City") purchased a Permanent Drainage &
Sewer Line Easement ("Easement") for $2,500.00 as part of the Martha Lane, Malinda
Lane N& S Neighbot•hood Streets Rehabilitation Project from Richard Silces, Jr.
("Silces") as recorded in D206399009, Deed Records, Tarrant County, TeYas; and
WHEREAS, Silces has requested additional compensation for trees located within
the easement area; and
WHEREAS, the City and Silces have agreed to additional compensation in the
amount of $5,000.00 for the trees.
NOW THEREFORE, in consideration for the mutual agreement described herein,
the parties to this settlement and release agreement agree as follows:
(1) Certification. Sikes certifies that the compensation described herein is a one-time
occurance and no other compensation will be forthcoming.
(2) Release. For and in consideration of the City offering compensation and Silces'
acceptance of compensation and the terms of this Settlement and Release
Agreement, Silces has this day RELEASED, ACQUITTED, and FOREVER
DISCHARGED the City of Fort Worth, Texas, its agents, servants and
employees, from any and all claims and demands for future compensation.
(3) Pa,yment and Other Consideration. Sikes grants this Settlement and Release for
and in consideration of City's payment of compensation to Silces.
(4) Adequacy of Consideration. The consideration expressed herein is hei•eby
accepted in satisfaction of all claims and damages sustained or ever to be
sustained arising out of the City Obligations and in full and complete discharge of
the parties released herein.
(5) No Representations. Silces further represents and warrants that it has read the
terms of this Settlement and Release Agreement, that it understands and
voluntarily accepts the terms, and that no promise or representation of any lcind
has been expressed or implied to it by the parties hereby released or by anyone
acting for those hereby released, except as expressly stated in this Settlement and
Release Agreement. Sikes represents that he is the only person or entity to
recover any damages from the released party arising out of the City Obligation.
In that regard, Silces represents and warrants that it is not relying upon any advice
of the parties hereby released, or the attorneys or representatives of those hereby
released.
��.. e�1 �/. i� � ��i- � �., .-y,�.'i� ��t
c ? . �lli ' I �;',l !�!',���, + J�.:'�
� a i �:�i�
�.— , �i
, � ) ;1
� j5 ; � u �� ��
� J J� t� �A� `;.. _., f• tl
� � .,{i'�.� ,�';�d11 j�i�i�7
�a .< J� Gi� i �,a
(6) Effectiveness. This Settlement and Release Agreement shall become effective
immediately upon execution by Silces.
Richard Silces, Jr.
;'
{ �
By: Richard Silces, Jr.
City of Fort Worth
t�l�% ���.
Marc A. Ott, Assistant City Manager
Approved as to Form and Legality
�-'_` j
,� tU _ -' ;
� �� „ �,m��
Assistant City Attorney
_ �[� ���c.:: _:. .�y'.
�����ruG z �
`'� j1�1AC� P.YIQCLr
!% ��ity ;ecr�.rJ.r;-
.� c��. �� _.
Contraci� �ut oriz�tiox
Date - -----�
_i�J:,J._? 1:::�'�L�.'�; �
;i '�
r c„ _
�%^�,����� --�t�;"'�0���1'1-���i�����1%
;�;� i;' �1�., ��6 0.,1; I
- ✓ "'a �: J . .
7[J ,:^:C �f�i�ll _.�,� �
I �i��, 1' J ! � �1
�;, : �;:;�,:1. �ti�� i��, �
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/29/2007
DATE: Tuesday, May 29, 2007
LOG NAME: 30SIKES SETTLE REFERENCE NO.: **C-22147
SUBJECT:
Approve a Settlement and Release Agreement with Richard Sikes, Jr., Concerning a Permanent
Sewer Line Easement and Permanent Drainage Easement Located in East Fort Worth at 5133
Malinda Lane North (DOE 4879)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Settlement and Release
Agreement with Richard Sikes, Jr., concerning a permanent sewer line easement and permanent drainage
easement located in east Fort Worth at 5133 Malinda Lane North (DOE 4879).
DISCUSSION:
On December 11, 2006, the City of Fort Worth purchased a permanent sewer line easement and
permanent drainage easement from Richard Sikes, Jr., for a total of $2,500.00. The compensation was
recommended by an independent appraiser. Mr. Sikes has requested additional compensation to replace
trees that will be removed by the project.
In order to avoid litigation, a settlement has been negotiated with Mr. Sikes to allow the City to enter the
property and complete the project. The basic terms of the settlement are detailed below:
* The City will pay Mr. Sikes an additional $5,000.00 as compensation for the loss of trees within the
easement; and
* Mr. Sikes agrees to allow access to the easement so the project can be completed, and as may be
necessary in the future.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/AccountlCenters
C200 541100 204270016140 5 000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
�Ilie Ingram (6645)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/15/2007