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Home My WebLink AboutContract 60088CSC No. 60088 SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARRIE RICHARDS This Settlement Agreement and Release ("Settlement Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipal corporation located in the state of Texas and situated in portions of Tarrant, Wise, Parker, Johnson and Denton Counties, acting by and through its duly authorized Assistant City Manager, and CARRIE RICHARDS ("Homeowner"), an individual, each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS on April 23, 2021, Homeowner purchased the property located at 2208 Carleton Avenue, Fort Worth, Texas 76107, said property also being known as Lot 9, Block 5, Hill Crest Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388, Page 17, Deed Records of Tarrant County, Texas (the "Property"); and WHEREAS shortly after purchasing the Property, Homeowner discovered the presence of a wooden privacy fence with concrete base (the "Fence") meandering on the common boundary of the Property and the City -owned property immediately to the south, 2212 Carleton Avenue; and WHEREAS Homeowner asserts that the presence of the Fence has contributed to flooding on the Property; and WHEREAS, the City and Homeowner now desire to conclude, settle, release and discharge once and forever, all rights, claims, causes of actions, liabilities, disputes and demands related to the Homeowner's claims for damages due the presence of the Fence and therefore are desirous of a final negotiated settlement and compromise of their dispute, as more fully set forth herein. NOW THEREFORE, in consideration of the mutual promises described herein, including the Recitals set forth above, which are incorporated herein by reference, the City and Homeowner agree as follows: AGREEMENT A. TERMS. 1. Contemporaneously with execution of this Settlement Agreement by Homeowner and City, City shall pay to Homeowner a one-time lump sum payment in the amount of Fifteen Thousand Dollars ($15,000.00). OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH AND MS. CARRIE RICHARDS SETTLEMENT AGREEMENT PAGE 1 2. Homeowner, at Homeowner's sole cost and expense, will have the Fence removed and replaced with a wooden privacy fence (the "New Fence"). The New Fence must comply with all applicable City permitting. The back wooden privacy fence along the alley must remain in place until the New Fence is installed. 3. If removal and replacement of the Fence requires access to the City's property at 2212 Carleton Avenue, City shall allow for such access pursuant to a form of license agreement mutually agreeable to Homeowner and City. B. RELEASE OF CLAIMS. For and in consideration of the terms and conditions set forth herein, each Party hereby RELEASES AND DISCHARGES the other from any and all claims, demands or causes of action at common law, statutory, or otherwise, which Homeowner or City has, known or unknown, existing at the time of execution of this Agreement related to the Fence. This release shall be a fully binding and complete settlement between the Patties related to the Fence. C. VOLUNTARY AGREEMENT. This Settlement Agreement is freely and voluntarily given by each Party, without any duress or coercion, and after each Party has consulted with its counsel. Each Party has carefully and completely read all of the terms and provisions of this Settlement Agreement. It is understood and agreed by the City and Homeowner that nothing herein shall be deemed to be an admission of liability by City with respect to the matter of this Settlement Agreement. D. AUTHORITY. City and Homeowner represent and warrant to the other that each has the legal tight, power and authority to enter into this Settlement Agreement and to perform its obligations hereunder. E. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST. This Settlement Agreement contains the entire agreement between the City and Homeowner regarding the matters set forth herein, and all prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are merged herein. This Agreement shall be binding upon and inure to the benefit of the administrators, personal representatives, heirs, successors, and assigns of each. F. GOVERNING LAW. This Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with its laws and adjudicated in a state or federal court of competent jurisdiction located in the State of Texas. [signature page follows] _.9 .. I iJ Lauren Prieur (Sep 9, 2023 16:59 CDT) FORT WORTH AND MS. CARRIE RICHARDS SETTLEMENT AGREEMENT PAGE 2 EXECUTED in duplicate originals on the date hereinafter indicated. HOMEOWNER: CARRIE RICHARDS Name: Carrie Richards THE CITY OF FORT WORTH William Johnson (Sek 12, 2023 09:14 CDT) William Johnson Assistant City Manager Sep 12, 2023 Date: APPROVED AS TO FORM AND LEGALITY: Matthew A. Murray Assistant City Attorney paovanq�n Attest: piF FgRr9�d 40 s o0 p!`o o Ov8 0 By: Name: Jannette S. Goodall Title: City Secretary 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. Jennifer Dyke, Assistant Director Transportation & Public Works Department OFFICIAL RECORD CITY SECRETARY [ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE] FT. WORTH, Tx FORT WORTH AND MS. CARRIE RICHARDS SETTLEMENT AGREEMENT PAGE 3 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a notary public in and f'or the State of Texas, on this day personally appeared Carrie Richards, who being by me first duly sworn on oath, deposed and said that she has read the foregoing Settlement Agreement and Release and acknowledged to me that she executed it for the purposes and consideration therein expressed on behalf of herself. OF 3�z GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2023. Notary ublic in and for The State of Texas MILDRED DOUGLAS ACKNOWLEDGEMENTy Notary ID # 13384052-0 _ My Commission Expires _ 'F of 07-01-2026 STATE OF TEXAS X _.. ' COUNTY OFTARRANT BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared William Johnson in the capacity of Assistant City Manager of the City of Fort Worth, who being by me first duly sworn on oath, deposed and said that he has read the foregoing Settlement Agreement and Release and acknowledged to me that he executed it for the purposes and consideration therein expressed on behalf of the City of Fort Worth in her official capacity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2023. Notary Public in and fior The State of Texas FORT WORTH AND MS, CARRIE RICHARDS SETTLEMENT AGREEMENT PAGE 4 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2208 CARLETON SETTLEMENT AGREEMENT M&C: CPN: CSO: Date: To: Name Department Initials 1. Stephen Nichols-SWM Prog Mgr. TPW SSM N 2. Jennifer Dyke, Asst.Dir TPW 3. Lauren Prieur, Dir. TPW '1067- 4. Matt Murray Legal 5. William Johnson ACM w� 6. Ron Gonzales CSO Kc KC 7 Jannette Goodall CSO R 8 Allison Tidwell CSO AT Sadie Ishmael TPW/SW lull DOC#: Date Out Sep 8, 2023 Sep 9, 2023 Sep 9, 2023 Sep 11, 2023 Sep 12, 2023 Sep 12, 2023 Sep 12, 2023 Sep 15, 2023 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please notify tvw sw contracts(& fortworthtexas.2ov when complete. Call ext. 817 228 3283 or ext. 6254 with questions. Thank you!