Loading...
HomeMy WebLinkAboutContract 45559 (2)i %; - _'51' NEGOTIATED SETTLEMENT AGREEMENT This Settlement Agreement is between the City of Fort Worth (hereinafter referred to as y"), by and through its authorized Assistant City Manager; Lyden Investments, Inc.; Peter Lyden, Individually; and Mid -Channel Inc. (hereinafter collectively referred to as "Lyden"). WHEREAS, the City alleges that on or about January 25, 2014, Lyden caused the unlawful demolition of 804 West Morphy, a designated and protected historic structure in the Fairmount National Historic District, without a properly issued certificate of appropriateness or demolition permit; WHEREAS, Texas Local Government Code 315.006 allows the City to seek either the rebuilding of the demolished structure or damages related to its unlawful demolition; WHEREAS, the City has a viable cause of action against Lyden for the wrongful destruction of 804 West Morphy under Texas Local Government Code 315.006 and other statutes; WHEREAS, Lyden is subject to certain developmental restrictions under Section 4.401M(3) of the City's Zoning Ordinance for the illegal demolition of 804 West Morphy, including, but not limited to, the ineligibility for building or other permits for construction on the site for three years and the inability to use the site for parking; RECEfVED MAY 0.1 2014 Negotiated Settlement Agreement WHEREAS, the City and Lyden agree that bona fide disputes and controversies exist between the parties related to the demolition of 804 West Morphy; WHEREAS, the City and Lyden desire to compromise and settle any and all claims and/or causes of action between the parties related to the demolition of 804 West Morphy; and WHEREAS, the City relied on Lyden's representations to reach this Agreement. NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Lyden agree as follows: 1. Release: 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, the City and Lyden do hereby RELEASE, ACQUIT and FOREVER DISCHARGE each other and each other's agents, officers or officials, servants, contractors, employees, executors, heirs, and assigns, and all persons, natural or corporate, in privity with either 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 either has now, known or unknown, existing or potential, directly or indirectly attributable to Lyden's demolition of 804 West Morphy in Fort Worth, it being intended by the Settlement Agreement to RELEASE, ACQUIT and FOREVER DISCHARGE all claims of any kind which either party might have against the other related to the demolition of 804 West Morphy in Fort Worth. This release is intended to only affect further actions of the City pertaining Negotiated Settlement Agreement Page 2 of 6 to the unlawful demolition and is NOT intended, nor shall it be construed, to prevent the City from enforcing its rules, regulations and ordinances for violations that exist now or may arise in the future, or from exercising any of its governmental functions or responsibilities with respect to 804 West Morphy. 2. Consideration. For and in consideration of the recitals and releases set forth above and other provisions set forth below: a. Lyden agrees to pay the City the sum of $54,436.00. b. The City agrees to waive restrictions on Lyden's future development of 804 West Morphy that, except for this agreement, would automatically apply under the City's Zoning Historic Preservation Ordinance because of the illegal demolition. This provision shall not be construed to confer any permits on Lyden, and Lyden must make application for any permits needed for future development. 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, officers, officials and assignees. 4. Representations. The City has relied on the representations of Peter Lyden to reach this settlement. The parties agree that these representations survive this Settlement Agreement. Negotiated Settlement Agreement Page 3 of 6 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 Lyden. 8. Authority to Enter into Agreement. Each party to this Agreement asserts that it has the necessary authority to settle this matter fully on behalf of itself and all parties whose interests it purports to release in accordance with the terms of this Agreement, and that the individuals Negotiated Settlement Agreement who execute this Agreement on its behalf are fully authorized to execute the Agreement and to bind the respective Parties. Executed and effective one day of April 2014, at Fort Worth, Tarrant County, Texas. Peter Lyden, Individually, as President of Lyden Investments, Inc., and as Vice -President of Mid -Channel Inc. 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 Peter Lyden, 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 Z�' day of April, 2014. THE CITY OF FORT WORTH By: By: e Notary Public in � The State of Texas ��trrtr��tf�, CAROLYN R. SPAHR MY COMMISSION EXPIRES October B, �014 Negotiated Settlement Agreement '��,��� � Page 5 of 6 J C�}xristopher B.11 Senior Assistant Attorney for City of Fort Worth Sean Lynch Attorney for Ly en Investments, Inc., Peter Lyden, Individually, and for Mid -Channel Inc. Negotiated Settlement Agreement Page 6 of 6