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Home My WebLink AboutContract 56077 CSC No. 56077 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I.RECITALS WHEREAS, Todd Dunham ("Owner"), the owner of property across which certain easements are held by the City of Fort Worth, alleges that during construction activities on Owner's property within the easements(City Project No. 01227), the surface of his property was damaged such that the City's contractor would be unable to properly restore the land;and WHEREAS, the City of Fort Worth ("City"), disagrees with Owner's allegation and was prepared to have its contractor perform property restoration activities; and WHEREAS, Owner and City met on July 7, 2021 in an effort to mediate the differences; and WHEREAS, Owner has agreed to compromise and settle all claims and causes of action of any kind which he may have against the City, its agents, employees, workers and representatives, and all others connected with or in privity with the City, arising out of or connected in any way with any damage to his property in consideration of payment by the City to Owner Todd Dunham and his attorney, Paul Wieneskie,of the law firm BAILEY&GALYEN the sum of Ninety Nine Thousand Five Hundred Dollars ($99,500.00) in full and final settlement of all claims against the City, its agents, employees, workers, contractors or representatives, arising out of the Owner's alleged damages; and WHEREAS,even though the City denies any liability of any kind,the City has agreed to the payment terms described above in compromise and settlement of the disputed claims and in order to avoid further time consuming and costly litigation. U.TERMS 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 Owner agree that: 1. Todd Dunham, Owner herein, for and in consideration of payment by the City of Fort Worth to Todd Dunham and his attorney, Paul Wieneskie, of the law firm BAILEY & GALYEN the sum of Ninety Nine Thousand Five Hundred Dollars ($99,500.00) in full and final settlement of all claims against the City, its agents, employees, workers, contractors or representatives, arising out of Owner's alleged damages, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Owner, does for himself, his representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers, contractors and representatives, and all OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Owner might assert by reason of the above described incident and any other kind, character or nature of damage which could or might be the subject of a claim by him arising from the incident hereinabove described. 2. In consideration of the respective payment described above, Owner agrees to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, employees, workers, contractors and representatives of the City of Fort Worth, and all others connected with or in privity with the City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Owner, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration,Owner declares and warrants that all restoration work and/or other expenses of any and every nature and character whatsoever incurred by him, or on his behalf or in any way pertaining to or arising out of the damage to his property, made the basis of this dispute, has been or will be paid or compromised by Owner, and Owner hereby agrees to defend, indemnify and hold harmless the City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or connected with them, as well as any person, corporation, association,partnership, or entity they are or may be required to defend, indemnify, or hold harmless from and against any claims for property restoration. OWNER REPRESENTS THAT OWNER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. IT IS INTENDED THAT THE TERMS OF THIS RELEASE AND INDEMNITY AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE INDEMNITY AGREEMENT IN THE PRECEEDING PARAGRAPH, SHALL APPLY EVEN IF IT IS ALLEGED OR PROVED THAT THE DAMAGE SUFFERED BY OWNER WAS PROXIMATELY CAUSED, IN WHOLE OR IN PART , BY THE NEGLIGENCE OR OTHER FAULT OF THE RELEASED PARTIES. OWNER ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HIM WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. The release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of the City regarding whether or not it is liable for any damages alleged in the dispute. It is also understood and agreed that this settlement is in compromise of disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of the City of Fort Worth, and, in fact, City denies liability for the complained-of damage, if any, and intends, by this settlement, merely to buy its peace. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Dunham Property Easement Restoration PAGE 2 5. It is understood and agreed that all taxable costs or taxes as a result of this compromise and settlement will be paid by the party incurring same. 6. By his signature hereto, the undersigned, Paul Wieneskie, attorney fbr Owner Dunham, and his law firm, hereby release the City of Fort Worth to the same extent Owner has released them, from any cause or causes of action which said attorney of his law firm may have by virtue of assignment or otherwise arising out of the alleged incident made the basis of the dispute. 7. This Compromise Settlement Agreement and Release of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8. Owner, Todd Dunham, represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that it has been fully explained,in detail,to him by his attorney and that it is fully understood. 9. Each Party adopts this Settlement Agreement as the product of a group drafting effort by counsel for all Parties, not to be construed more favorably for or against any Party to this Settlement Agreement. Each Party has been represented by independent counsel. 10. By his signature hereto, Todd Dunham, Owner, represents and declares that he is more than eighteen (18) years of age and is fully competent to enter into this Compromise Settlement Agreement and Release of All Claims, that the representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. This agreement shall be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. T dd Dun ner Date: STATE OF TEXAS COUNTYOF jd\lfa(L+_ § BEFORE ME, the undersigned authority, on this day personally appeared TODD DUNHAM, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-Dunham Property Easement Restoration PAGE 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2021. BETTINA MIMS Notary Public.State of Texas fJt�V►�'� r.3q Comm.Expires 12-03-2023 f4iiF'OF 44,`; - .,,,,, Notary ID 132271753 Notary Public in and for The State of Texas APPR ;U AS TO SUBS'[ANCE AND FORM: i Date: -f vz I Z OZ r �� Paul Wieneskie —T— Bailey&Galyen 1300 Summit Ave.,Ste 650 Fort Worth,TX 76102 ATTORNEY FOR OWNER COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Dunham Property Easement Restoration PAGE 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH: APPROVED: Dana Burghdoff(Ju123,20 6:01 CDT) _ Date: Dana Burghdoff CITY OF FORT WORTH APPROVED AS TO FORM: ywl DBlack(Jul23,202108:47 CDT) Date: Douglas W. Black qa� FORr 1�4a °00000 Sr.Assistant City Attorney ��o o 0° °o°Oa�� 0 d�o °0 4 ATTEST: �vo �_� ° °o i�d o °O000000° Date: Ronald P. Gonzales,Acting City Secretary RECOMMENDED BY: chris�-opher lfarder Christopher Harder(Jul23,202108:42 CDT) Date: Chris Harder,P.E., Director,Water Department Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. chrisfiopher harder Christopher Harder(Jul23,2021 08:42 CDT) Date: Chris Harder,P.E. Director, Water Department COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-Dunham Property Easement Restoration PAGE 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX