1998-173AN 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 PAYIVIENT BY
GENERAL ACCIDENT INSURANCE COMPANY FOR ROOF DAMAGE BY THE
CONTRACTOR ON THE CITY HALL RENOVATION CONTRACT, AND DECLARING
AN EFFECTIVE DATE
WHEREAS, dunng the process of construction of the first phase of renovation of the
C~ty Hall under the Contract with the general contractor Furstenberg Constmctaon Company, Inc
("Furstenberg") dated January 22, 1997, the roof outside the Council Chambers was damaged,
and
WHEREAS, the Caty made a clam under the Contract against the contractor, and the
contractor and the C~ty have agreed to settle the claim for payment of twenty five thousand rune
hundred dollars ($25,900) by Furstenberg's insurer, General Accident Insurance Company, m
return for the City releasing all claams growing out of th~s incident, whale preserving other claims
and nghtslunder the Contract, and
WHEREAS, the City Council deems it m the pubhc anterest to approve the settlement of
th~s claam; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That, m eonsaderat~on of the payment by General Accident Insurance
Company of twenty five thousand rune hundred dollars ($25,900), the settlement is hereby
approved, The Caty Manager ~s hereby authorized to execute the attached release of claims m a
form approved by the City Attorney, releasing Furstenberg Construction Company, Ine and
various other partaes from all clmms growing out of the ~ncident that caused the roof damage
outsade the Caty Council Chambers, wlule preserving any other claims, rights, and remedxes the
Caty may have under the Constmctaon Contract and contract documents w~th Furstanberg
Construc~aon Company, Inc
· ~ That thxs ordinance shall become effectave immediately upon its passage
anrt approval
PASSED AND APPROVED thas the day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
Release of All Claims 760-2 79s
Know all men by these presents, that I/we The City of Denton
residing at Denton, TX 00/106the undersigned,
First Party, for and m consideration of the sum of Twenty f:ve thousand ri:ne hundred and ............
............................................................. Dollars($ 25,900 00
to me/us ~n hand prod by Furstenberg Construction Co , MDM Scaffoldlng Services, I~
Palmer Plumbing Heating & A/C, and Schelbach Enterprlses, et al
Second Party, the receipt of which Is hereby acknowledged, I/we being of lawful age. for myself/ourselves, my/our he,rs,
administrators, executors, successors and assigns hereby rem~se, release, acqu,t and forever d.scharge the sa~d Second Party,
h~s/her, their, and each of their he.rs, executors, adm~mstrators, successors, and assigns and any and all other persons,
partnerships, assocmt~0ns, and/or corporaUons, whether here~n named or referred to or not of and from any and every clmm,
demand right, or cause of action of whatever k~nd and nature, e~ther m law or equ~ty,involving ~e lz$b~i~ll~y arising
accident which occurred on or about the 1st day of _ July ,19 7. at o~5~a'"r t~'~ following
IocaUon Denton City Hall, 215 E MoK~nney, Denton, TX
for which I/we have claimed the smd Second Party to be legalJy hah[e, but this Release shall not be construed as an admission
of hablhty Provided this Release shall be limited by the languaEe set forth in Exhibit A, which is
is attached hereto and made a part of this Release for all purposes
It Is a§reed that th~s Release shall apply to all known injuries and damages, as well as those unknown and unanticipated,
resu[tm§fromsaldaccldent, casualty or event (Refer to EXHIBIT "A" for additional langua§e)
It Is further acknowledged that there is no agreement or prom~se on the part of the sa~d Second Party to do or om~t to do any
act or thing not herein menUoned and that the above consideration ~s ~n full settlement of any and all dams§es and habH~ty
arising from or out of any and all matters aforementioned
Any person who knowln$1y and with intent to defraud any insurance company or other persons, flies a statement of claim
contalnln8 any materially false information, or conceals for the purpose of m~slead=n$, information concernln$ any fact,
material thereto, commits a fraudulent insurance act, which is a crime, sublect to criminal prosecution and civil penalties
You are making a final settlement. This is a release Read carefully before slsnln8
In witness ¥)~hereof, I/we have hereunto set my/our hand(s) and seal(s)this -- day
of
II II --
In / ~ City of Denton, Texas S)
(LS)
State of C~. ~
County of Z.~'~L.- ss
d,~/~,z~. 19 ~ before me personally appeared ~7~
On
this
day
of
pe~so;ls described in and who executed the f~.egolng ,nstrument and acknowledged that
to me known~be the person or
- ~L¢'~ executed the same as
- ~- . free act and deed
Mycommlsslonexplres ,~2. ? 4,~-I~0~ County
~ ,~tsryPubllo. St~teofTox~s ~ Notary Pubhc
~ '~'~*;¢ MAY 9, 2002
L 655 Rev 487
EXHIBIT A
"Provided,~ however, this release shall be hm~ted to damages arising from the incident whmh
occurred oh or about July 1, 1997 to the roof of the Denton City Hall and shall not constitute a
waiver or release of any other clmms, eanses of action or rights the City of Denton, Texas may
have e~ther now or m the ~uture, arising out of 1ts contract for the renovation of the Denton C~ty
Hall w~th Furstenberg Construction Company dated January 22, 1997, including w~thout
hm~tatlon, clmms for failure of the work to comply w~th the requirements of the contract
documents or clmms against Furstenberg Construction Company or its Surety Bankers Insurance
Company ~under 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
Ted Benawdes, C~ty Manager