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HomeMy WebLinkAboutContract 39502SETTLEMENT AND RELEASE AGREEMENT WHEREAS, the City of Fort Worth ("City") purchased "City of Fort Worth Permanent Drainage Easement (Concrete Lined Channel)" (`Basement") for $10.00 and other good and valuable consideration, as part of the Sycamore Creek — East Rosedale Drainage Design Project from Jack P. Hoang and Nancy Nhan Hoang ("Hoang") recorded as Instrument No. D207453210, eecors, arrant CountTexas; and y, Dd RedT WHEREAS, certain actions ("Actions") have caused Hoang to request additional compensation for the relocation of video surveillance equipment within the easement area; and WHEREAS, the City and Hoang have agreed to additional compensation in the amount of $1,436.00 for the relocation of video surveillance equipment. NOW, THEREFORE, in consideration for the mutual agreement described herein, the parties to this settlement and release agreement agree as follows: (1) Certification. Hoang certifies that the Actions causing his request for compensation described herein are a one-time occurrence and no other request for compensation will be made by him or any representative of him. (2) Release. For and in consideration of the City offering compensation and Hoang's acceptance of compensation and the terms of this Settlement and Release Agreement, Hoang 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 arising from said Actions. (3) Payment and Other Consideration. Hoang grants this Settlement and Release for and in consideration of City's payment of compensation to Hoang. (4) Adequacy of Consideration. The consideration expressed herein is hereby accepted in satisfaction of all claims and damages sustained or ever to be sustained arising out of said Actions in full and complete discharge of the parties released herein. (5) No Representations. Hoang further represents and warrants that he has read the terms of this Settlement and Release Agreement, that he understands and voluntarily accepts the terms, and that no promise or representation of any kind has been expressed or implied to him by the parties hereby released or by anyone acting for those hereby released, except as expressly stated in this Settlement and Release Agreement. Hoang represents that he is the only person or entity to recover any damages from the released party arising out of said Actions. In that regard, Hoang represents and warrants that he is not relying upon any advice of SETTLEMENT AND RELEASE AGREEMENT OFFICIAL RECOIL® CITY SECRETARY FT. VII(�M, TX Marty the parties hereby released, or the attorneys or representatives of those hereby released. (6) Effectiveness. This Settlement and Release Agreement shall become effective immediately upon execution by Jack P. Hoang and Nancy Nhan Hoang. When the context requires, singular nouns and pronouns include the plural. NO 1V1&C R��U1Pt:T1 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged Fernando Costa, Assistant City Manager Worth. LESTER E. ENGLAND \ Notary Public *! STATE OF TEXAS Carr. Eiw Jack P. Hoang By: Jac . Hoang Nancy Nhan Hoang By: Nand Nhan Hoang City of Fort Worth Fernando Costa, Assistant City Manager Ap roved as to Form and Legality �1 fi �r (It INA �i AAA iTZ Assistant City Attorney ,� before me on / vove�n &en � 6k i ( , 2009 by of the City of Fort Worth, on behalf the City of Fort Notary Public, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SETTLEMENT AND RELEASE AGREEMENT a STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on %(�o u�irn / 2009 by Jack P. Hoang. •Notairy Public,�T � � r STATE OF TEXAS § � COUNTY OF TARRANT § //'1/L1 1` e�x ,, - Notary Public, Statebf Texas evISILESTER E. ENGLANDnotary PubNc STATE 0 TEXASy Win. Exp.0612812010 SETTLEMENT AND RELEASE AGREEMENT Page 3 DMA INC 3015 E. Randol A1ill Rd. Arlington, TX 76011 PH: 817-633-6123 Fax: 817-6.' obie@dma-inc.net _ gust 21, 2009 LUCKY MINI MART EXPIRATION DATE . = LUCKY MINI IvI1�RT GAS JACK 817-870-0299 ViS1C. uuLn �.1�,Li i �,ruw