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Home My WebLink About2000-012ORDINANCE NO AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED FURSTENBERG CONSTRUCTION CO, INC V CITY OF DENTON, ET AL, CAUSE NO 98- 20716-158 CURRENTLY PENDING IN THE 158T" DISTRICT COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED MEDIATION SETTLEMENT AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS, AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $23,463 00 PREVIOUSLY HELD IN RETAINAGE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the settlement of litigation styled Furstenberg Construction Co, Inc v City of Denton, et al, Cause No 98-20716-158 pending in the 158"' District Court of Denton County, is hereby approved, and the City manager is hereby authorized to execute a compromise settlement agreement and other related documents deemed by the City Manager and the City Attorney to be necessary to the settlement of said litigation as set forth generally in the attached mediation settlement agreement SECTION 2 That the City Manager or his designate is hereby authorized to expend an amount not to exceed the $23,463 previously held in retatnage in settlement of the above litigation SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �LrC day of , 2000 JAC,�G ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TL FORM HERBERT LKOUTY, OITY ATTORNEY 5 \Ow Dwummue Ordiflmcm\W\fum nba CAUSE NO. 98-20716-158 FURSTENBERG CONSTRUCTION CO., § INC., § VS. § CITY OF DENTON, TEXAS, at al., § VS. § XTG, INC., at al. § IN THE DISTRICT COURT DENTON COUNTY, TEXAS 158T" JUDICIAL DISTRICT On 7 December 1999, the Parties hereto participated in mediation of the matters at issue between them. An agreement mutually satisfactory to all Parties and their counsel was achieved on the following terms and conditions 1 The Parties hereto agree to settle all claims and controversies between them, asserted or assertable in this case, except /ion Q 2 The consideration to be given for this settlement is as follows n or before 199_, dollars, in the form of a payable to the or e which sum shall be paid o in the amounts and within the ti the total sum of uted by the following Parties SETTLEMENT AGREEMENT - o9a 0al/23933669 Page 1 (b) to Texas a (np — (Iv) — terms are. (v) secured by shall be evidenced by (c) and/or shall execute a note payable on a State Bar of with the following terms % interest prep note principal amount and % post -maturity maturity date Payment which consideration G �, of Pajn?n 0. , "Z3.Hr � �, 3 The above styled and numbered case shall be resolved by (a) an agreed order of dismissal with prejudice with costs taxed to eO r& r4,_ CO" me rczd (b) an agreed judgment providing as follows F\)%r (c) subject to the approval of the trial court, any agreed judgment shall be signed by the trial judge, but may not be abstracted or recorded or any collection effort made upon same so long as the following conditions are kept ., , SETTLEMENT AGREEMENT - 6192 001122933659 Page 2 4 THE PARTIES AGREE TO RELEASE, DISCHARGE, AND FOREVER HOLD THE OTHER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS OR SUITS, OBLI- GATIONS, LIABILITY AND EXPENSE, KNOWN OR UNKNOWN, FIXED OR CONTIN- GENT, LIQUIDATED OR UNLIQUIDATED, WHETHER OR NOT ASSERTED IN THE ABOVE CASE, AS OF THIS DATE, ARISING FROM, OR RELATED TO, THE EVENTS AND TRANSACTIONS WHICH ARE THE SUBJECT MATTER OF THIS CASE, EXCEn FO T ff-F1@FMW1UG A RE7t,5 i✓) dy'4es Jwt rho f- it Mf fr"I This mutual release runs to the benefit of all successors, assigns, in- surers, sureties, attorneys, agents, employees, officers, directors, shareholders, owners and partners of the Parties except All "Party" as used in this release includes all named parties to this case, as well as and all related entities of the parties except 5 Each signatory hereto warrants and represents (a) he or she has authority to bind the party for whom that signa- tory acts (b) the claim, suits, rights and/or interests which are the subject matter hereof are owned by the Party asserting same, have not been assigned, transferred or sold and are free of encumbrance cal gubj«t *n by Cti-S C�ciI oC 7o+.kon 6 �Awn.c®f -Apr UaT OW shall deliver drafts of any further settle- ment documents to the other Parties by 17 , 199 `I The Parties agree to cooperate with each other in the timely drafting and execution of SETTLEMENT AGREEMENT - 5192 W1122933659 Page 3 such additional documents as are reasonably requested or required to implement the terms and intent of this agreement 7 If one or more disputes arise with regard to the interpretation and/or performance of this agreement or any of Its provisions, the Parties agree to attempt to resolve same by phone conference with the mediator who facilitated this settle- ment If the Parties cannot resolve their differences by phone conference, then each agrees to schedule a /1_ day of Mediation with the mediator within ten (10) days to resolve the disputes and to share the costs of same equally If a Party re- fuses to mediate the interpretation and effect of this Agreement, then that Party may not recover attorneys' fees or costs in any litigation or motion brought to con- strue or enforce this agreement Otherwise, if all Parties participate in mediation of disputes relating to the interpretation of this Agreement and that mediation is un- successful, then the prevailing Party or Parties shall be entitled to recover reason- able attorneys' fees and expenses, including the cost of the unsuccessful mediation, all as determined by the Court 8 Other terms of this settlement are c1.1715- r. • i - -�� " f 2.:;t Lzi (t be ,`y6_L Q Ilt �o Q e h' 4, e v, YL' e k ! 4Cf�C't_'A'hP�n u1k%c6. s6.. VrWl-k c2i5 c.PpSuiC. is awfL.pr, 2-ec4 r'�- �.q W'recQ dr- fCbCA2- 0612-A C`�'cof-OS q'�uesf-, ¢K6xVvF 'ia a?4�/ .n%MufwH i5 CLI.mla� &4 6`� Iic I"moccf 4.5 0� fA2c -`f 1 /Sctcl SETrLEMENT AGREEMENT - 6192 W1122933659 Page 4 9 This agreement is made and intended to be performed in County, Texas, and shall be construed in accordance with the laws of the State of Texas 10 Each signatory to this settlement has entered into same freely and without duress after having consulted with professionals of his or her choice Each Party hereto has been advised by the Mediator that the Mediator is not the attorney for any Party and that each Party should have this Agreement reviewed by that Party's attorney prior to executing same it This Instrument is the exclusive statement of the agreement among the Parties and all prior or contemporaneous agreements, offers, proposals and terms of settlement are merged herein 12 The Mediator shall promptly forward a report of the outcome of this Mediation to the Court and to the ADR Coordinator Executed and agreed this ?f-day of December, 1999 FURSTENBERG CONSTRUCTION CO., CITY OF DENTON, TEXAS INC. RAF Its Its SETTLEMENT AGREEMENT - 6192 001122933659 Page 5 CORRIGAN & ASSOCIATES AIR WRIGHTSON, JOHNSON, HADDEN & WILLIAMS, INC. 12 Its Z,ic FAIRVIEW AFX 0 Its Its ; SETTLEMENT AGREEMENT - 6192 01122933659 Page 6