HomeMy WebLinkAboutContract 43768-SA1 7nmu
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CONTRACT NO,
*4 SETTLEMENT AGREEMENT AND RELEASE
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went agreement and Release (the "Agreement" is reds and entered 'Into this
' ml 2013, (the "E `pct ve Date'' � and. between the �.1 ��
day of
µ h a hone-rul municipal corporation of the State of Texas, acting by and through Susan.
M Alan s, its duly authorized ,assistant City Manager, and Aurora Bleu, a general partnership, by
.. and through its ;general partners Markin Gonzales and Stephanie Diane Garcia*
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"Performer" means and includes aurora Bleu and/or its partners, representatives,
members, managing mernbers, officers, managers, proprietors, directors, employees,
represent ti es, .gents, subsidiary rga,niza.tions, parent organizations, successor entities,
assigns, predecessors, stockholders, administrators, contractors, and related companies.
City" means and includes the City of Fort Worth, Texas, and its officers,
representatives, agents, servants, and employees.
"Contract" means and includes Tort Forth City Secretary Contract CSC Numbers
43768, a. Music Performance Agreement between the City of Fort Worth and aurora Bleu to
Perform at Fort Worth Great Outdoors, :lolly's Ultimate Adventure.
"Parties" means and includes the City and Performer.
Recitals
WHEREAS, can October 13, 2012, the City hosted Fort Forth Great Outdoors, Molly's
Ultimate Adventure at the Greenbri.ar Community Center located ,at 5200 Hemphill Street, 'Fort
Worth, Texas ("Event"),
WHEREAS, the City desired to feature live music at the Event"
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WHEREAS, the Parties entered into the Contract, in which the Performer was
incorrectly named as an individual with whom Martin Gonzales was authorized to represent;
WHEREAS, the Performer acknowledges that the true and correct party to the Contract
was Aurora. Bleu, a Texas general partnership, and that, Martin Gonzales was acting by and
through that entity in executing the Contract-,
WHEREAS, the Parties disagree and have a bona fide conflict regarding a dispute that
has arisen as to the Parties' obligations under the Contract-
WHEREAS, the City denies any and all liability but desires to avoid the uncertainties,
annoyance, and expense of litigation and to fully and finally settle and compromise any and all
RECORD
settlement and Release Agreement for CSC 8 OFFICIAL
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claims, that could have been asserted by the Performer for damages arising out of or in
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connection with the Contract an
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WHER-EAS, Performer hereby agrees to fully and finally resolve all claims, against uty
• regarding the Contract as set forth in this Agreement.,
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NOW1 THEREFORE, the Parties hereto, in consideration of," the Mutual covenants set
forth herein and intending,to be legally bound hereby, stipulate and agree as folllo,ws..
I., That Performer, for and in consideration of payment by the City in the sum of
SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($750.00), hereby
COMPROMISES, SETTLES REI-JNQUISHES, RELEASES, ACQUITS, and
F" VET DISCHARGES, the City of and from any and all claims, demands, debts,
liens,, costs,, expenses, actions, and causes of action of whatsoever nature, description
of character', whether in tort or in contract, or by virtue of the common law, statute, or
regulation, known or unknown, heretofore existing between the Parties, whether
known or unknown, which may have accrued or may accrue, on account of, arising
from, or in any manner growing, out of, relating to, resulting from, or 'in any way
connected to Contract or the transactions and occurrences involving the Contract
described and referenced herein, including, but not limited to,, any and all claims, for
exemplary damages., consequential damages, contractual damages, economic loss,
attorney's fees, and any and all damages riecoverab,le under the laws of the State of
Texas and any and all other statutory or common law legal damages, known or
unknown.
2. "That, in consideration of the respective payment described above, Perfon-ner agrees to
INDEMNIFY AND FOREVER HOLD HARMLESS AND DEFEND THE CITY
AND ALL OTHERS CONNECTED WITH ORIN PRIVITY WITH THE CITY
FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF ACTION,
INCLUDING, WITHOUT LIMITATION, ANY COSTS OR EXPENSES IN
CONNECTION THEREWITH,: WHICH MAY HEREAFTER BE BROUGHT
BY PERFORMER, OR BY ANY PERSON OR ENTITY, ARISING OUT' OF'
AND/OR RELATED TO THE CONTRACT,
3. This instrument contains the entire agreement between the Parties and the terms of
this instrument are contractual and not merely recitals. There are no other
agreements, either written or oral, and the execution of this Agreement supersedes all
earlier representations, tn negotiations, or agreements about this matter. The Parties
acknowledge that the covenants,,, promises, and representations made herein are
binding on, and inure to, the benefit of each party', including, but not limited to, the
settlement and Release Agreement for("SC 43768 2
Parties' representatives, assigns, agents, and employees, and all other firms,
corporations, and legal entities connected therewith.
4. Performer warrants that no promise or inducement has been offered except as set
forth herein; that this Agreement is executed without reliance upon any statement or
representation of any person or, party's release, or its representatives, concerning the
nature and extent of the losses, injuries, damages, and/or legal liability therefore; and
that the acceptance of the consideration set forth herein is in full accord and
01
satisfaction of disputed claims for which liability is expressly denied.
I 'he Part'
5. It is understood that this Agreement is a compromise of a,disputed claim. I parties
desire to co mpromise and settle all matters, and things in dispute to avoi d the hazard,
inconvenience, uncertainty, and expense of litigation. The payments and settlement
terms referred to herein are not to be construed as an admission of liability on the part
of the City, all of which, is expressly dented.,
6. Performer represents that it has consulted, or had the opportunity to consult,
,, an
attorney to seek legal counsel regarding the contents and effects of this Agreement.
Performer further represents that it has been informed of the content and effect of this
instrument and that the instrument is executed as its act and deed and of its own free
will.,
7. Performer represents and warrants that it is the sole owner of the claims, causes of
actions,, and rights-in acti on being released herein,, and it has not transferred,
assigned, or otherwise encumbered said claims or any part thereto.
8,. In the event that any provision of this Agreement is field void, voidable, or
unenforceable, the remaining portions shall remain 'lln full force and effect.
9. This Agreement may be executed in multiple originals each of which shall be deemed
an original. for all purposes.
10. If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
I -s District Court for the Northern District of
Tarrant County, Texas or the! United State I I
Texas— Fort Worth Division. This Agreement shall be construed in accordance with
the laws of the State of Texas.
11. The 'Parties represent and warrant 'that they are over the age of eighteen (18) years,
competent to execute this Agreement, have carefully read the foregoing Agreement,
Settlement and Release Afire ernentfor CSC 43768 3 of 6
and know the contents thereof and have signed the same of their own free will and
with the advice of counsel, if applicable.
IN WITNESS HEREOF, the Parties,hereto have �e sec uted this Agreenient on the'Effect ive DIate.
CITY OF FORT WORTH AURORA BLEU, a Texas general
papfnership, P
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by-. V44 b
AL
S an Alanis Martin Gonzales
ssistant City Manager General Partner
by*
SI rue Diane Garcia
- heral Partner
APPROVED AS TO FORM
AND LEGALITY.-
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Tyler F,?Wallach
Assistant City Attorney
A T qru rr
1,S ED BY.
Re"
'Mary Kays
City Secret
VAS
No M&C required
OFFICIAL RECORD
settlement and Rdease Agreement for CSC 43768 d ID
CITY SECREtAky
FT9 H TX
STATE OF TEXAS §
COUNTY OF TAR RANT' §
BEFORE ME7 the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Susan Alanlis, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
City of Fort Worth for the purpose and consideration therein expressed and in the capacity
therein stated.
01,""
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2
WE
LINDA,M.H
IRR'LINGER IF
My COMMISSION EXPIRES Nota' Public in and for
ry
Fobruary 2,2014
The State of Texas
STATE OF
A]J §
COUNTY OF ael%o
91
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Martin Gonzales, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of
Aurora Bleu, a general partnership, for the purpose and consideration therein expressed and in
the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20
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Settlement and Release Agreement for CSC 43768
STATE OF
COLJNTY OF
BEFORE ME., the undersigned authority, a Notary Plub c in and for the State of te,
on this day personally appeared Stephanie Diane Garcia, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that the same was the
act of Aurora Bleu, a general partnership, for the purpose and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,,D day of 201-9.
Y P
Notary Public in and 1P,
*NOW
The State of
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Settlement and Release AgTeerne'rit for CSC 43768