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Home My WebLink AboutContract 43591000000000 City of Fort Worth 11:35:42 a.m. 08-29-2012 2 /8 CITY SECRETARY ��,�►�. a C, i SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereinafter "Agreement") is made by James Cushman (hereinafter "Cushman") and City of Fort Worth (hereinafter "City") by its authorized Assistant City Manager. A. Recitals 1. On March 22, 2011, the City Council approved the sale of a tax - foreclosed property at 1404 East Davis ("property") to Cushman after Cushman submitted the highest bid for the property, $3,679.00. 2. In addition to tendering the City $3, 679.00, Cushman paid Tarrant County $851.20 for post judgment taxes on the property. 3. Before the deed was recorded, there was a fire at the property and the house at the property burned. 4. Cushman has demanded that the money he paid to the City for the property be returned and has threatened litigation. 5. The City denies any liability or wrongdoing. 6. To avoid the uncertainties, annoyance, and expense of litigation, Cushman and the City have agreed, without any party malting any admission to any other party, to settle the disputes and controversies related to the purchase, conveyance and destruction of the property. B. Al2reerr>:ent. Releases &Covenants 7. The City, in consideration for the execution of this agreement, agrees to OFFICIAL RECORD :leinont�,�t¢rSEk�9�C�NN�f..1�910 I Kelease p FT. WOv5lJpff�B y Page I or"7 000000000 City of Fort Worth 11:35:52 a.m. 08-29-2012 pay Cushman $4,530.20 in full and final settlement of all of Cushman's claims against the City related to the purchase, conveyance and destruction of the property. 8. Cushman in consideration of this agreement, agrees to deed the property to the City via a deed similar in form to attached Exhibit 1 that is attached and incorporated for all purposes. 9. Cushman, in 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 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, conveyance and destruction of the property, anA from all liability and damages of any kind, known or unknown, arising from the events surrounding the purchase of the property, whether in contract or in tort. 10. Cushman accepts this consideration in full satisfaction of all damages or claims that are owed to it or that may be owed to it by the City. And Cushman 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 arising from the purchase, conveyance and destruction of the property. 11. Cushman understands its acceptance of the consideration is in full accord and satisfaction of the claims made against the City with regard to the purchase, conveyance and destruction of the property, and the City's payment of consideration OFFICIAL RECORD GNU M.WRIEF0, Settlement kgreement and Iviutual Release �'� Page 2 of 7 000000000, City of Fort Worth 11:36:06 a.m. 08-29-2012 4 !8 is not an admission of any liability. 12. In executing this release, Cushman acknowledges that it is not relying on any statement or representation of the City or any of its agents regarding the matters in dispute. Cushman further acknowledges that it is relying on its own judgment in this matter. Cushman has read the contents of this release and understands the legal consequences of this release. Cushman understands that this release shall operate as a full, complete, and final release and settlement of alI claims it has made against the City with regard to the purchase, conveyance and destruction of the property. Cushman further understands that this settlement agreement does not provide for attorneys' fees and that none are available. 13. Cushman acknowledges that this Agreement is a complete, written statement of the terms and conditions of the settlement. And Cushman signs this Agreement of its own free will and accord. 14. Cushman shall deed the property to the City contemporaneous with the execution of this agreement. C. Other Provisions 15. This Agreement reflects the entire agreement bett�een the City and Cushman. There are no other agreements, either written or oral, and the execution of this agreement supersedes all earlier representations, negotiations, or agreements about this matter. Settlement .Agreement and IJ(utual Release 14f,011 1 Page 3 of 7 000000000 I City of Fort Worth 11:36:17 a.m. 08-29-2012 5 /8 l6. This Agreement shall be governed and construed by the laws of the State of Texas. Executed: 14 v , 2012. By: City of Fort Worth, Texas rn Fe ando Costa, Assistant City Manager OFFICIAL RECORD CITY SECRETARY 'To WORTH VA Settlement Agreement and Mutual Release Page 4 of 7 000000000 City of Fort Worth 11:36:22 a.m. 08-29-2012 �Es7 ATTEST: By: Mary J. Kayser, City of Fort Worth APPROVED AS FORM AND LEGALITY: ORR14 u �._4WIMMUNWAAAMO Chrisfopher B, Mosley Senior Assistant City Attorney Settlement Acreement and Mutual Release Page � of 7 000000000 City of Fort V✓orth 11:36:27 a.m. 08-29-2012 7 /8 VERIFICATIUIN 3 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 James Cushman, 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 day of August, 2012. {SEAL} Notary Public in and for the State of Texas r' P`' MARGIE CARRIGAN , Notary t�uWic J STATE OF TEXAS My Comm. Exp 0&26.2013 OFFICIAL REC®R® Settlement .Agreement and Mutual Kelease li �e 6rf 7 000000000 City of Fort VJorth 11:36:34 a.m. 08-29-2012 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 day o& 2012. {SEAL} EVONIA DANIE'LS P.1Y COMM1SSi01d EMPIRES July 10t 2013 Settlement Agreement and Mu[ual Release Page 7 of 7 M&C Review Page 1 of 1 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 8/7/2012 DATE: 8/7/2012 REFERENCE NO.: **L-15410 LOG NAME CODE: L TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT ��'ORTH _~� 171404DAVISSALE NO SUBJECT: Authorize Execution of a Settlement Agreement and Mutual Release with James Cushman and Authorize Purchase of 1404 East Davis Avenue in the Amount of $4,530.20 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager or his designee to enter into a Settlement Agreement and Mutual Release with James Cushman; 2. Authorize the City of Fort Worth's acquisition of the property at 1404 East Davis in the amount of $4,530.20; and 3. Authorize the execution and recording of the appropriate instruments to complete the settlement. DISCUSSION: On March 22, 2011, (M&C L-15160) the City Council approved the sale of atax-foreclosed property at 1404 East Davis to James Cushman. Mr. Cushman submitted the highest bid of $3,679.00. He also paid $851.20 in post judgment taxes on the property. Before the deed was recorded, there was a fire at 1404 East Davis and the house burned. Mr. Cushman requested his money back and threatened litigation. In order to resolve Mr. Cushman's claim against the City, Staff recommends entering into a settlement Agreement with Mr. Cushman in which the City would pay Mr. Cushman the amount of $4,530.20 and Mr. Cushman would convey the property to the City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available, as appropriate, in the current operating budget of the general fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1404DAVIS.adf FROM Fund/Account/Centers 0001 539120 0176000 4 530.20 Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) http://apps.cfwnet.org/council�acket/mc review.asp?ID=17211&councildate=8/7/2012 09/07/2012