HomeMy WebLinkAboutContract 42777 (2)CITY MMCR
CONTRACT NO. 4211"
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (hereinafter "Agreement") is
made by Carter Temple New Jerusalem COGIC (hereinafter "Carter Temple") and City
of Fort Worth (hereinafter "City") by its authorized Assistant City Manager.
A. Recitals
1. Carter Temple has alleged that the City has failed to deed to it tax -
foreclosed property, Lot 5f, Hollis Subdivision, 5125 Fitzhugh, Fort Worth, Texas
("property"), after it made certain payments to the City.
2. The City denies any liability or wrongdoing.
3. To avoid the uncertainties, annoyance, and expense of litigation, Carter
Temple and the City have agreed, without any party making any admission to any
other party, to settle the disputes and controversies related to the purchase of the
property.
4. Reverend Pinkie Shaw asserts that she is authorized to act on behalf of
Carter Temple for purposes of this Settlement Agreement.
B. Agreement, Releases & Covenants
5. The City, in consideration for the execution of this agreement, agrees to
pay Carter Temple $4,221.21 in full and final settlement of all of Carter Temple's
claims against the City related to the purchase and conveyance of the property. Carter
Settlement Agreement and Mutual Release ! Page 1 of 8
Temple agrees to pay the City $4,221.21 it obtains through this agreement as payment
towards the property. Payment to Carter Temple shall be contemporaneous with
Carter Temple's purchase of the property. The parties acknowledge that they
understand that this agreement is contingent on Carter Temple's Purchase of the
property.
6. The City, m consideration for the execution of this agreement, agrees to
convey the property to Carter Temple upon Carter Temples' payment to the City of
$1,888.61 and Carter Temple's payment to the Tarrant County Tax Assessor
Collector of $2,670.79. Both checks shall be dehvered to the City pnor to and as a
condition for the conveyance of the property. Such conveyance will be in the form of
Exhibit A, attached and incorporated for all purposes.
7. Carter Temple acknowledges and agrees that it is solely responsible for
the payment of all outstanding property taxes for the property including all post -
judgment taxes and interest.
8. Carter Temple acknowledges that the sale of the property is "as -is" and
that it takes subject to al hens, judgments, taxes, or any other encumbrances.
9. Carter Temple, m consideration for the execution of this Agreement and
the payment of the settlement amount and other consideration as stated in the
Agreement, forever releases, acquits, and discharges the City, together with the City's
officers, employees, legal representatives, subsidiary organizations, that might be
Settlement Agreement and Mutual Release Page 2 of 8
liable, from all claims, demands, charges, and costs of court, including but not limited
to attorney fees and causes of action of whatever nature, on any legal theory arising
from the circumstances surrounding the purchase of the property, and from all
liability and damages of any kind, known or unknown, ansmg from the events
surrounding the purchase of the property, whether in contract or in tort.
10. Carter Temple accepts this consideration m full satisfaction of all
damages or claims that are owed to it or that may be owed to it by the City. And
Carter Temple understands this is a compromise and settlement of all matters against
the City as well as any other claim it may have against the City ansmg from the
purchase of the property.
11. Carter Temple understands its acceptance of the consideration is in full
accord and satisfaction of the claims made against the City with regard to the
purchase of the property, and the City's payment of consideration is not an admission
of any liability.
12. In executing this release, Carter Temple acknowledges that it is not
relying on any statement or representation of the City or any of its agents regarding
the matters in dispute. Carter Temple further acknowledges that it is relying on its
own judgment in this matter. Carter Temple has read the contents of this release and
understands the legal consequences of this release. Carter Temple understands that
this release shall operate as a full, complete, and final release and settlement of all
Settlement Agreement and Mutual Release Page 3 of 8
claims it has made against the City with regard to the purchase of the property.
13. Carter Temple acknowledges that this Agreement is a complete, written
statement of the terms and conditions of the settlement. And Carter Temple signs this
Agreement of its own free will and accord.
14. The City shall pay the settlement amount and convey the property to
Carter Temple within thirty days of the Agreement's execution.
C. Other Provisions
15. This Agreement reflects the entire agreement between the City and Carter
Temple. T here are no other agreements, either written or oral, and the execution of
this agreement supersedes all earlier representations, negotiations, or agreements
about this matter.
16. This Agreement shall be governed and construed by the laws of the State
of Texas.
Executed:
Settlement Agreement and Mutual Release
2011.
Carter Temple New Jerusalem
By, y
Pinkie Shaw,
Reverend
City of Fort Worth, Texas
OFFICIAL RECORD
CITY SECRETARY
Ft. t; ' rdi l TX
Settlement Agreement and Mutual Release
Fernando Costa,
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Page 5 o,
ATTEST:
By:
1ft1 City Sec�ret�ry
City of Fort Worth
APPROVED AS FORM AND LEGALITY:
By:
C\
r
Christopher B. Mobley
Senior Assistant City Attorney
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Page 6 of 8
Settlement Agreement and Mutual Release
VERIFICATIONS
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Reverend Pinkie Shaw, known to me to be the
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
2011.
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Notary Public in an for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Settlement Agreement and Mutual Release
Page 7 of 8
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Fernando Costa, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
she 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 g day of
{SEAL}
1a17-naY firta
otary Public in and for the State of Texas
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OFFICIAL RECORD
CITY SECRETARY
hi. WORTH, TX
Settlement Agreement and Mutual Release Page 8 of 8
M&C Review
Page 1 of 2
COUNCIL ACTION: Approved on 12/13/2011
Official site of the City of Fort Worth, Texas
FORT WORTH
DATE: 12/13/2011 REFERENCE NO.: **L-15296 LOG NAME 17FITZHUGH5125
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the City of Fort Worth to Enter Into a Settlement Agreement and Mutual
Release with Carter Temple New Jerusalem Church of God in Christ and Authorize the
Direct Sale of a Tax -Foreclosed Property Located at 5125 Fitzhugh Avenue to Carter
Temple New Jerusalem Church of God in Christ for $4 559.40 (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City of Fort Worth to enter into a Settlement Agreement and Mutual Release with
Carter Temple New Jerusalem Church of God in Christ in which the City of Fort Worth shall pay
$4,221.21 and the Carter Temple New Jerusalem Church of God in Christ will pay $4,559.40 for the
property located at 5125 Fitzhugh Avenue;
2. Authorize the direct sale of a tax -foreclosed property located at 5125 Fitzhugh Avenue in
accordance with Section 34.05 of the Texas Tax Code, to Carter Temple New Jerusalem Church of
God in Christ for $8,780.61; and
3. Authorize execution and recording of the appropriate instruments conveying the property to
complete the sale.
DISCUSSION:
In October, 2009, M&C L-14877 authorized the sale of tax -foreclosed property located at 4125
Fitzhugh Avenue to Carter Temple New Jerusalem Church of God in Christ (the Church). The
Church paid $4,559.40, an incorrect amount given to them by a City Staff member. The correct
purchase price is $8,780.61 The Pastor and President of the Church, Pinkie Shaw, wrote the City of
Fort Worth demanding to purchase the property for the amount paid in 2009 $4,559.40, since they
never received a deed for the property and feel they should not be penalized for Staff error.
Staff recommends that the City of Fort Worth settle this matter by selling the property to the Church
for the previously agreed price of $4,559.40 and that the City of Fort Worth pay the additional
$4,221 21 that is due to Tarrant County.
ADDRESS LEGAL DESCRIPTION PRICE ZONING
5125 Fitzhugh Ave. Lot 5F, Hollis Subdivision $8,780.61 A-
5
This property is located in COUNCIL DISTRICT 5, Mapsco 79T.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendation funds will be available in the current operating budget of the Risk Management
Fund. The Housing and Economic Development Department is responsible for the collection and
deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/mc review.asp7ID=16146&councildate=12/13/2011 1/12/2012
M&C Review
GG01 240126 0000000 $8.780.61
Submitted for City Manaaer's Office by:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
5125FITZHUGH.ndf
FE71 534050 0137120 $4,221.21
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Katherine Davenport (7923)
Page 2 of 2
http://apps.cfwnet.org/council_packet/mc review.asp?ID=16146&councildate=12/13/2011 1/12/2012