HomeMy WebLinkAboutContract 45222 (2)NEGOT
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CONTRACT
RACT�
LATE]) S '+ ►IC TT II?,ME NT AGRELAVIENT
This Settlement Agreement is between the City of Fort Worth (66City99), by and
through its authorized Assistant City Manager, and Brfa rra Ben J1ey.
WHEREAS, Brian Bentley alleges that the City removed a tree from 901 Cleckler
Avenue in Fort Worth without first obtaining permission from Brian Bentley and has
claimed damages because of the removal;
WHERE kS, Brian Bentley was the owner of 901 Cleckler Avenue at the time the
tree was removed by the City;
W HI EREAS, the City and Brian Bentley agree that bona fide disputes and
controversies exist between the two parties related to the removal of the tree at 901
Cleckler Avenue;
WHE AS, the City and Brian Bentley desire to compromise and settle any and
all claims and/or causes of action between the parties related to the removal of the tree at
901 Cleckler Avenue;
WHEREAS, the City and Brian Bentley acknowledge that this settlement
agreement covers only the dispute between the parties relating to the removal of the tree
from 901 Cleckler Avenue; and
WHEREAS, the City relied on Brian Bentley's representations to reach this
agreement.
OFFICIAL RECORD
cprY SECRETARY
Ft WORTH, TM
Negotiated Settlement Agreement Page 1 of 5
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 Brian Bentley agree as follows:
1. Release by Brian Bentley: 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, Brian Bentley does hereby RELEASE, ACQUIT, and
FOREVER DISCHARGE the City's agents, servants, contractors, employees,
executors, heirs, and assigns, and all persons, natural or corporate, in privity
with it 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
Brian Bentley has now, known or unknown, existing, directly or indirectly
attributable to the removal of a tree from 901 Cleckler Avenue in Fort Worth,
it being intended by the Settlement Agreement to RELEASE, ACQUIT, and
FOREVER DISCHARGE all claims of any kind which Brian Bentley might
have against the City related to the removal of a tree from 901 Cleckler
Avenue in Fort Worth.
2. Consideration.
For and in consideration of the recitals and releases set forth above and other
provisions set forth below:
a. The City agrees to pay Brian Bentley the sum of $9,500.00.
3. Parties Bound.
Negotiated Settlement Agreement Page 2 of 5
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, and assignees.
4. Representations.
The City has relied on the representations of Brian Bentley to reach this
settlement. The parties agree that these representations survive this settlement agreement.
50 Texas Law to Mori-Av.
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„ Irdep,mli Counst uactiono
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.
70 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 Brian Bentley.
'O day of December, 2013, at Fort Worth, and effective on� Tarrant
County, Texas.
Negotiated Settlement Agreement Page 3 of 5
Brian Bentley
Date:
STATE 0111 TEXAS
COUNTY OF T ALARAN .�1
13
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Brian Bentley, 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 s t � day of
December, 2013.
,,,,,,,,,,
���'9� ° �t. JANET E. GALLAGHER
�1 .• es
.
MY COMMISSION EXPIRES triaj
t• November ' W, 2015
Notary Public in an for th‘ tate of Texas
I•'
THE CITY OF FORT WORTH
attach
By: Fernando Costa, Assistant City
By: Ma
A
PROVE
Y
er, City Secretary
AS FORM AND LEGALITY:
Negotiated Settlement Agreement
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ANV138J3S AJIO
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Page 4 of 5
Cfiristopher B. Mosley
Senior Assistant City Attorney
Negotiated Settlement Agreement Page 5 of 5