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HomeMy WebLinkAboutContract 62300GSG M&-. &,Zwo CSC No. 62300 (Nov 14, 202414:43 CST) CAUSE NO.348-350322-24 FTCOFW, LLC, § IN THE DISTRICT COURT Plaintiff, § § V. § TARRANT COUNTY, TEXAS § CITY OF FORT WORTH § Defendant. § 348TH JUDICIAL DISTRICT SETTLEMENT AGREEMENT AND RELEASE On this 211d day of Ocotber, 2024, the City of Fort Worth (City) and FTCOFW, LLC make and enter into this Settlement Agreement and Release to settle the claims, controversies, and disputes among them that arise out of the City's need to take a temporary construction easement for the construction of a sewer line facility in, on, over, across, and through the Plaintiff's property. RECITALS A. Plaintiff FTCOFW, LLC filed an Application for Temporary Restraining Order, Request for Temporary Injunction, Permanent Injunction and Declaratory Judgment, February 16, 2024, Cause No. 348-350322-24 against the City of Fort Worth to restrain Defendant from: (1) coming onto Plaintiff's property for any reason, other than to access a 30-foot wide easement; and (2) conducting any of its construction, operation, maintenance, replacement, upgrading or repair work outside of the 30-foot wide easement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SETTLEMENT AGREEMENT AND RELEASE - FTCOFff' LLC B. Under the terms and conditions set forth in this Settlement Agreement, FTCOFW, LLC and the City desire to compromise, settle and discharge all claims growing out of the lawsuit and the things complained of therein or in any way arising out of those allegations. AGREEMENT The parties hereby agree as follows: 1. Mutual Release and Discharge In consideration of the payment and other agreements called for herein, FTCOFW, LLC completely releases and discharges the City from any and all past, present, or future claims, demands, obligations, actions, causes of action, rights, damages, costs, expenses, and compensation of any nature including, without limitation, any and all known and unknown claims arising from this lawsuit. In consideration of the agreements called for herein, the City completely releases and discharges FTCOFW, LLC from any and all past, present, or future claims, demands, obligations, actions, causes of action, rights, damages, costs, expenses, and compensation of any nature including, without limitation, any and all known and unknown claims arising from this lawsuit. This Settlement Agreement shall be a fulling binding and complete settlement between FTCOFW, LLC, all parties represented by or claiming through them, and the City. SETTLEMENT AGREEMENT AND RELEASE - FTCOPY, LLC 2. Pavment In consideration of the release set forth above, the City agrees to pay FTCOFW, LLC Three Hundred Sixty -Eight Thousand, Fifty -Seven and 50/100 Dollars ($368,057.50). FTCOFW, LLC agrees the City shall prepare a check made payable to Law Office of Matthew Bobo PLLC. 3. Attornev's Fees FTCOFW, LLC and the City other than amounts for attorney fees which, may be included as part of the Payment discussed in Section 2 of this Settlement Agreement, each party shall bear all attorneys fees and costs arising from the actions of its own counsel in connection with this case, this Settlement Agreement and Release, and all matters and document's referred to herein. 4. Future Vegetation on Property The City agrees not to require FTCOFW, LLC to replace any vegetation removed from the Property during the emergency project conducted by the City However, the City does not waive any regulation that may pertain to future development of the property. 5. Removal of Debris The City agrees to clear and remove from the property any debris, trees and shrubs that were uprooted from the property by September 30, 2024. SETTLEMENT AGREEMENT AND RELEASE -- FTCOFid ; LLC 6. Relocation of Spoil/Fill The City agrees to relocate spoil/fill located on the City's easement to a location on the property that Plaintiff has clearly marked. 7. General Release Subject to the Recitals, FTCOFW, LLC acknowledges and agrees that the release set forth in Section 1 is a general release and expressly waives and assumes the risk of any and all claims for damages that exist as of the date the City Council approves this agreement, but which they do not know of or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect their decision to enter into this Settlement Agreement. FTCOFW, LLC further agrees that it will accept the terms of this Settlement Agreement as a complete compromise of matters involving disputed issues of law and fact and fully assume the risk that the facts or the law may be otherwise than believed or understood. 8. Nonsuit Upon satisfaction and compliance with the Recitals, FTCOFW, LLC agrees to nonsuit with prejudice the civil action described in Recital A above. If such case has been dismissed without prejudice at the execution of this Agreement, FTCOFW, LLC agrees not to sue the City with respect to the subject matter as set forth in A above or the lawsuit that is references. SETTLEMENT AGREEMENT AND RELEASE - FTCOFPV, LLC 9. Warranty of Capacitv to Execute Agreement FTCOFW, LLC represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, that they have the sole and exclusive right to receive sums specified in it, and that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Settlement Agreement. 10. Disclaimer of Liability The making of this settlement shall not be deemed an admission of liability on the part of the City, and its trustees, officers, agents, employees, or representatives, but rather the compromise of a disputed claim, and made solely in the interest of purchasing peace and avoiding the hazard, inconvenience, expense, and uncertainty incident to further litigation. 11. Entire Agreement and Successors in Interest This Settlement Agreement contains the entire agreement between FTCOFW, LLC and the City about the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. SETTLEMENT AGREEMENT AND RELEASE - FTCOFTV, LLC 12. Construction by State Law This Settlement Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with its laws. 13. Representation of Comprehension of Document In entering into this Settlement Agreement, FTCOFW, LLC represents that they are older than eighteen years of age and have relied upon the advice of personally selected counsel and that the terms of the Settlement Agreement have been completely read and explained and that they fully understand and voluntarily agree to them. 14. Additional Documents All parties agree to cooperate fully and to execute all documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. 15. Tax Consequences It is further understood among the parties that FTCOFW, LLC has not relied upon any representations, expressed, or implied, made by the City and its attorneys and representatives, as to the possible tax consequences of this Settlement Agreement, and that FTCOFW, LLC releases and hold harmless from all liability in connection with any such tax consequences the City and its attorneys and representatives. SETTLEMENT AGREEMENT AND RELEASE - FTCOFTV LLC 16. Effectiveness This Settlement Agreement shall become effective immediately following execution by all the parties. Executed this S FTCOFW, LLC William Johnson Assistant City M ager day of kayo Ut, APPROVED AND AGREED TO: Matt eA- r Law Office of Matthew Bobo PLLC 4916 Camp Bowie Blvd Fort Worth, Texas 76107 STYE-k- F,v�.GFR�S AWS144 sto . Mosley giorAssistant City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 SETTLEMENT AGREEMENT AND RELEASE - FTCOFYI , LLC , 2024. it IeAv" Date Da e 111y�z1 Date Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Tracie Bobo, 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 this 4th day of November 2024. *...y CHELSEY A OCONNOR � Notary ID #126379364 .7 My Commission Expires w January 18, 2028 e4ji-y-r Notary Public in and for the State of Texas SETTLEMENT AGREEMENT AND RELEASE - FTCOFYY, LLC STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared W�I�I�h� ) ��I'!Sd'✓1 , Assistant City Manager, 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, as the act and deed of the City of Fort Worth, and in the capacity therein stated as its duly authorized officer of representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� �1 day of 2024. ARMIDA MARY GARCIA t� • VB Notary Public, State of Texas e Comm. Expires 07-12-2028 Notary ID 134989930 Notary Public in and for the State of Texas SETTLEMENT AGREEMENT AND RELEASE — FTCOF IV, LLC