2000-012 O rNANCE NO
FURSTENBERG CONSTRUCTION CO, INC V CITY OF DENTON, ET AL, CAUSE NO 98-
20716-158 CURRENTLY PENDING IN THE 158TM 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 htxgat~on styled Furstenberg Construction Co, Inc v
Ctty of D~nton,-el al, Cause No 98-20716-158 pending m the 158th D~smct Court of Denton
County, ~s hereby approved, and the C~ty manager ~s hereby authorized to execute a compromise
settlement agreement and other related documents deemed by the C~ty Manager and the C~ty
Attorney to be necessary to the settlement of smd ht~gat~on as set forth generally ~n the attached
medmt~on settlement agreement
SECTION 2 That the Ctty Manager or h~s designate ~s hereby authorized to expend an
amount not to exceed the $23,463 prewously held ~n retmnage m settlement of the above
ht~gat~on
SECTION 3 That flus or&nance shall become effective immediately upon its passage and
approval
PASSEDANDAPPROVEDthlsthe /~ dayof ~ ,2000
JA~I~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS T~.LF~L FORM
CAUSE NO. 98-207Z6-Z58
FURS~TENBERG CONSTRUCTION CO., § IN THE DISTRICT COURT
INC., §
vs. § ..
CITY OF DENTON, TEXAS, et al,, § DENTON COUNTY, TEXAS
vs. §
XTG, INC., et al. § 158TM 3UDICIAL DISTRICT
SETTLEMENT AGREEMENT
On 7 December 1999, the Parties hereto participated ~n med~abon of the
matters at msue between them, An agreement mutually satisfactory to all Parties
and their counsel was achieved on the following terms and conditions
1 The Parbes hereto agree to settle all claims and controversies between
them, asserted or assertable In this case, except /~o~ ~--
2 The consideration to be given for this settlement is as follows
~ _fore , 199__,
the total sum of
$ ' ~ dollars, l~ ~m of a
payable to the orde-'l'-o~ ,
which sum shall be pa~d o~lbuted by the following Parties
in the amounts and within the tmm~
~ and/or
(b) ~ shall execute a note payable
to ~ on a State Bar of
Texas approve~rm w~th the following terms
O) '"'% pnnc~pal amount
(,,) % interest pre-X2m~tur,ty and % post-matur,ty
(m) note d~ matunty date
Ov)
Payment
terms are,
(v) secured by "~ which
shall be ewdenced by
(c) ~considerabon d~ f~ ~ P~ ¢.~.~ ~A .g : ,4 Co *.
3 The above styled and numbered case shall be resolved by
(a) an agreed order of d~sm~ssal w~th prejudice w~th costs taxed to
(b) an agreed judgment providing as follows [k~//'¢
(c) subject to the approval of the trial court, any agreed judgment
shall be s~gned by the trial judge, but may not be abstracted or
recorded or any collecbon effort made upon same so long as the
following cond~bons are kept
,
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, LIC~UIDATED OR UNLIOUIDATED, WHETHER OR NOT ASSERTED IN THE
ABOVE CASE, AS OF THIS DATE, ARISING FROM, OR RELATED TO, THE EVENTS
AND TRANSACTIONS WHICH ARE THE SUB.1ECT MATTER OF THIS CASE~ ~
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
"Party" as used ~n this release Includes all named partles to th~s case, as well as
~//~ , and all related entlt~es of the
part~es except
5 Each s~gnatory hereto warrants and represents
(a) he or she has authority to b~nd the party for whom that slgna-
tory acts
(b) the claim, su~ts, rights and/or ~nterests 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
6 K_o~t ~- cOG-i~co shall dehver drafts of any further settle-
ment documents to the other Part~es by l)er-c~,~.~-i~ ~? , 199 fl The
Part~es agree to cooperate with each other ~n the t~mely drafting and execution of
such additional documents as are reasonably requested or required to implement
the terms and intent ofth~s agreement
7 If one or more disputes arise w~th regard to the interpretation and/or
performance of this agreement or any of its provisions, the Part~es agree to attempt
to resolve same by phone conference with the me&ator who faahtated th~s settle-
ment If the Parties cannot resolve their d~fferences by phone conference, then
each agrees to schedule a /~2-- day of Me&at,on with the me&ator w~thin ten (10)
days tO resolve the disputes and to share the costs of same equally If a Party re-
fuses t;o mediate the ~nterpretatlon and effect of this Agreement, then that Party
may not recover attorneys' fees or costs m any ht~gat~on or motion brought to con-
strue or enforce th~s agreement Otherwme, if all Part~es part~apate ~n me&at,on of
&sputes relatlng to the Interpretation of this Agreement and that mediation ~s un-
successful, then the prevailing Party or Part~es shall be entitled to recover reason-
able attorneys' fees and expenses, including the cost of the unsuccessful medlaUon,
all as determined by the Court
8 Other terms of this settlement are ~,~, ~4' ~)~_~,,c~
9 This agreement ~s made and Intended to be performed ~n
County, Texas, and shall be construed ~n accordance w~th the laws of the State of
Texas
10 Each signatory to this settlement has entered ~nto same freely and
w~thout duress after hawng 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 thru Agreement revmwed by that
Party's attorney prior to executing same
11 Thru Instrument is the exclusive statement of the agreement among
the Parties and all pnor or contemporaneous agreements, offers, proposals and
terms of settlement are merged here~n
12 The Mediator shall promptly forward a report of the outcome of th~s
Mediation to the Court and to the ADR Coordinator
Executed and agreed this ~'~day of December, 1999
FURSTENBERG CONSTRUCTI'ON CO., CTTy OF DENTON, TEXAS
INC.
~ ~' ItSA~~
Its A;torney ~/~#~.~/~_ ~ Its
/~-w~ -a' "-/ ' ,-~
/
CORRI'GAN & A$SOCTATES FATRVZEW AFX
Its Attorney ~~ Its Attorney ~/~, /~/',~"~