HomeMy WebLinkAbout1998-173ORDINANCE NO W —I'7e
AN ORDINANCE AUTHORIZING SETTLEMENT OF A CITY HALL ROOF DAMAGE
CLAIM, AUTHORIZING THE CITY MANAGER TO ACCEPT THE SETTLEMENT AND
TO EXECUTE A PARTIAL RELEASE OF CLAIMS IN RETURN FOR PAYMENT BY
GENERAL ACCIDENT INSURANCE COMPANY FOR ROOF DAMAGE BY THE
CONTRACTOR ON THE CITY HALL RENOVATION CONTRACT, AND DECLARING
AN EFFECTIVE DATE
WHEREAS, during the process of construction of the first phase of renovation of the
City Hall under the Contract with the general contractor Furstenberg Construction Company, Inc
("Furstenberg") dated January 22, 1997, the roof outside the Council Chambers was damaged,
and
WHEREAS, the City made a claim under the Contract against the contractor, and the
contractor and the City have agreed to settle the claim for payment of twenty five thousand nine
hundred dollars ($25,900) by Furstenberg's insurer, General Accident Insurance Company, in
return for the City releasing all claims growing out of this incident, while preserving other claims
and rights under the Contract, and
WHEREAS, the City Council deems it in the public interest to approve the settlement of
this claim; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That, in consideration of the payment by General Accident Insurance
Company of twenty five thousand nine hundred dollars ($25,900), the settlement is hereby
approved The City Manager is hereby authorized to execute the attached release of claims in a
form approved by the City Attorney, releasing Furstenberg Construction Company, Inc and
various other parties from all claims growing out of the incident that caused the roof damage
outside the City Council Chambers, while preserving any other claims, rights, and remedies the
City may have under the Construction Contract and contract documents with Furstenberg
Construction Company, Inc
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval r
PASSED AND APPROVED this the .�—_ day of V ur1R 1998
.f�� E• •'
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
S \Our Documenq\Ordinencas\98\gmaral eccldem release ord,mm dac
Page 2
Release of All Claims 760-25795 zE
Know all men by these presents, that I/we The City of Denton
residing at Denton, Tx the undersigned,
First Party, for and in consideration of the sum of Twenty five thousand nine hundred and 0025,900 0--------
-------------------------------------------------------------Dollars $ 5900 O )
to me/us in hand paid by Furstenberg Construction Co , MDM Scaffolding Services(, Inc
Palmer Plumbing Heating & A/C and Schelbach Enterprises, et al
Second Party, the receipt of which is hereby acknowledged, I/we being of lawful age, for myself/ourselves, my/our heirs,
administrators, executors, successors and assigns hereby remise, release, acquit and forever discharge the said Second Party,
his/her, their, and each of their heirs, executors, administrators, successors, and assigns and any and all other persons,
partnerships, associations, and/or corporations, whether herein named or referred to or not of and from any and every claim,
demand right, or cause of action of whatever kind and nature, either in law or equity,involving tl�e li4btomitn arising
accident which occurred on or about the let day of July 19 at or near tNe following
location Denton City Hall, 215 E McKinney, Denton, TX
for which I/we have claimed the said Second Party to be legally liable, but this Release shall not be construed as an admission
of liability Provided this Release shall be limited by the language set forth in Exhibit A, which is
is attached hereto and made a part of this Release for all purposes
It is agreed that this Release shall apply to all known injuries and damages, as well as those unknown and unanticipated,
resulting from said accident, casualty or event (Refer to EXHIBIT "A" for additional language)
It is further acknowledged that there is no agreement or promise on the part of the said Second Party to do or omit to do any
act or thing not herein mentioned and that the above consideration is in full settlement of any and all damages and liability
arising from or out of any and all matters aforementioned
Any person who knowingly and with intent to defraud any insurance company or other persons, files a statement of claim
containing any materially false information, or conceals for the purpose of misleading, information concerning any fact,
material thereto, commits a fraudulent insurance act, which is a crime, subject to criminal prosecution and civil penalties
You are making a final settlement. This is a release Read carefully before signing
In witness hereof, I/we have hereunto set my/our hand(s) and seal(s))t�thhiois day of
A D , 19%st—
In presence of x %"W I. S )
City ot Denton, Texas
—(LS)
State of
��,, - Q ss
County of — L
On this —_p-- day of 19 1 v before me personally appeared
to me known t be the person or p *going sons described in and who executed the going instrument and acknowledged that
7C executed the same as 14
My commission expires ��1 �,_ 49 Z�Z County
ANN FORSYTHE
Notary Public, State of Texas Notary Public
My Commission Expires
MAY 9, 2002
free act and deed
L 655 Rev 4 87
EXHIBIT A
"Provided,' however, this release shall be limited to damages ansmg from the incident which
occurred on or about July 1, 1997 to the roof of the Denton City Hall and shall not constitute a
waiver or release of any other claims, causes of action or rights the City of Denton, Texas may
have either now or in the future, ansmg out of its contract for the renovation of the Denton City
Hall with Furstenberg Construction Company dated January 22, 1997, including without
limitation, claims for failure of the work to comply with the requirements of the contract
documents or claims against Furstenberg Construction Company or its Surety Bankers Insurance
Company sunder Performance Bond No 33-72812 for defects in workmanship and materials,
which other claims, causes of actions, and rights are expressly reserved by the City of Denton "
City of Denton, Texas
By ��{y�,�-•�—
Ted Benavides, City Manager