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Home My WebLink AboutContract 60962City Secretary Contract No. l9 0 q V) D{ MUTUAL RELEASE OF ALL CLAIMS WHEREAS , BREWER & HALE SAMUELS~ LLC and BR OPERA TIO NS, LLC (sometimes referred to here in as Claimants), have asserted a claim against the City of Fort Worth , hereinafter sometimes referred to as the City, allegi ng that they have suffered monetary damages as a result of the City of Fort Worth ''s ~lleged failure to give proper notice of a requested zoning change for property located at 521 Samuels A venue , Fort Worth , Texas (the "Zoning Change"), which led to a lawsuit being filea by Villa De L eon Condominium Owners Association and Intervenors Frank Starr and Da~id Balunda, pending as Cause No. 017-342787 -23 (the "Lawsuit"); and , WHEREAS , while th e City of Fort Worth denies that Claimants' alleged damage s, i f any, were caused by any negligence or other fault of; the City or its offi cers , agents or employees, it has agreed to pay, and BREWER & HµE SAMUELS, LLC and BH OPERA TIO NS, LLC have agreed to accept, the total s:um of $85,000.00 in full and final settlement of any and all claims of Claimants, the ir shareholders, heirs , represen tatives , successors and assigns and any other person or entity in p riv it y with Claimants , against the City of Fort Worth, its officers, agents and employees·a,;i.d all o ther persons and enti t ies in privity with , or connected with, the City of Fort Worth (ipcluding the "City Defendants " in Cause No . 17-342787-23), hereinafter sometimes refei;r ~d to as the Released Parties , as a result of the alleged damages mentioned above , includin1g any and all claims related to the Zoning Change or the Lawsuit , whether or not asserted as claims in the Lawsuit WHEREAS , the City of Fort Worth, includiD;g :t~e City Defendants in Cause No . 17-342787-23 , have agreed to release any and all d ~ims by the City of Fort Worth , including the City Defendants , again st Brewer & Ha1:e S amue ls , LLC and BH Operations , LLC , their shareholders , heirs , representatives, successor;s and ass igns and an y other person or entity in privity with Brewer & Hale Samuels , LLC ~rnd BH Operations , LLC relating in any way to the Zoning Change or the Lawsuit, whetiier or n ot asserted as claims in the Lawsuit. NOW, THEREFORE: We , BREWER & HALE SAMUELS, LLC lbS, and through its Manager, and BH OPERA TIO NS, LLC by and through its Manag h on behalf of the ir shareholders , heirs, representatives , successors and assigns , in c~nsideration of the payment of $85,000.00 paid to us by th e City of Fort Worth , do h ereby fully and finally release the City of Fort Worth and its officers, agents and employee ~ and all other persons and entities in privity with, or connected with, the City of Fort ! Worth of and from any claim, whatsoever, we have or claim against the City on the date of the signing of this Release or that may hereafter accrue as a result of the alleged fail'u ~e to give proper notice mentioned above including, but not limi ted to , co sts for demobilization and remobilization, financing Mutual Rele as e of All Claims C a us e No . 01 7-342 78 7-23 ; Villa d e L eon v. C ity o_(F o rl Wo rth , . i F Page 1 ofj_ QFts•t:il t. ECORD L h ~lt ETARY ~,. WORTH, TX charges, lost rental income, general conditions and general requirements, legal fees, now or in the future, and all damages, whatsoever related in any way to the Zoning Change or the Lawsuit. It is the intent of this Release to, once and for all, resolve all claims of the Claimants against the Released Parties regardless of what, if any, damages may be awarded to the Plaintiff and/or Intervenors, against the BREWER & HALE SAMUELS, LLC and/or BH OPERATIONS, LLC in Cause No. l 7-342787-23. We, the City of Fort Worth, including the City Defendants in Cause No . 17-342787- 23, do hereby fully and finally release Brewer & Hale Samuels, LLC and BH Operations, LLC and its shareholders, heirs, representatives, successors and assigns of and from any claim, whatsoever, we have or claim against Brewer & Hale Samuels, LLC and BH Operations, LLC on the date of the signing of this Release or that may hereafter accrue as a result of the Zoning Change or the Lawsuit. It is the intent of this Release to, once and for all, resolve all claims of the City of Fort Worth, including the City Defendants in Cause No. 17-342787-23, regardless of what, if any, damages may be awarded to the Plaintiff and/or Intervenors, against the City of Fort Worth, including the City Defendants, in Cause No. 17-342787-23. This release specifically does not release Brewer & Hale Samuels, LLC and BH Operations, LLC from, nor prohibit the City of Fort Worth from enforcing, any and all regulations or ordinances relating to the property located at 521 Samuels Avenue, Fort Worth, Texas, now or in the future. We, the undersigned, represent that we are officers and/or owners of BREWER & HALE SAMUELS, LLC and BH OPERATIONS, LLC authorized to enter into this agreement on behalf of BREWER & HALE SAMUELS, LLC and BH OPERATIONS, LLC. Mutual Release of All Claims Cause No . 017-342787-23; Villa de Leon v. City of Fort Worth Page 2 of 5 I, BREWER & HALE SAMUELS, LLC ;by and through its Manager, acknowledge that I have read this Release in its entii.-~fr and have had an oppo1iUnity to consult with an attorney before signing it. I agree that :this Release shall be construed as a whole according to its fair meaning and shall not be cb~strued strictly for or against either . ' ~ party. STATE OF TEXAS COUNTY OF TARRANT § § BEFORE ME, the undersigned authority ,. 01if this day personally appeared T-A-y LP'< ~ALE , known to me ~bj be the person whose name is subscribed to the foregoing instrument, and acknow1ep.ged to me that she executed the same as her free act and deed for purposes and consiHJr~tion therein expressed . • ; . t 2024. GIVEN UNDER MY HAND AND SEAL OF 9 ~FICE this .5i ~,day of J AJ.JlJ A~ • § -~ otary Iii 15451619 ":i My CommlHion Expires ~o,,<t Febru•ry 28, 2026 ; ; ~L ~L~ Notary Pub'l ~c ;n and for the State of Texas :_. My Commission Expires: Z • 2.8 -2.0-2..LR t, '\> ;,, Mutual Release of All Claims . Cause No . 017-342787-23 ; Villa de L e on v. City uf Fort Won h : Page 3 of5 I, BH OPERA TIO NS, LLC by and through its Manager, acknowledge that I have read this Release in its entirety and have had an opportunity to consult with an attorney before signing it. I agree that this Release shall be construed as a whole according to its fair meaning and shall not be construed strictly for or against either party. Print .c:._ Signature BH orE A TIO NS, LLC by and through its Ma)} ger STATE OF TEXAS COUNTY OF TARRANT § § BEFORE ME, the undersigned authority, on this day personally appeared T~'f L..Dt:'... t:t ,.._L\2:'. ., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this31 :i-T dayofJA\Jl.,l~, 2024. l lJ Notary Public in and for the State of Texas My Commission Expires: 2-· 2.J:Y2J)2...l_o Mutual Release of All Claims Cause No. OJ 7-342787 -23; Villa de Leon v. City ofFort Worth Page 4 of5 APPROVED: ~Brewer & Hale Samuels, LLC and BH Operations, LLC Christopher A. Brown Duane Morris LLP CITY OF FORT \"\'ORTH: APPROVED: CITY OF FORT WORTH APPROVED: Attorney fofDefen Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: Date: _e-_,_1§---,~.__0 _2_9 __ _ Mutual Release of All Claims ' .i:i:;:.'0 ,,§' Cause N o. 017-342787-2 3 ; Villa de l ean v. City JJ~t!ti,~~~~.,o, Page 5 of 5 OFF!CfiAl RECORD crrv SECRETARY FT. WORTH, TX