HomeMy WebLinkAboutContract 51818 CITY SECRETARY
RECENED C()NTRACT NO. Jr $L
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-12019
FEB
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CTf SECREIAR" SETTLEMENT AND RELEASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND BLOOMFIELD HOMES, L.P.
This Settlement Agreement and Release ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("Fort Worth"or"City"),a home rule municipal corporation
located in the state of Texas and situated in portions of Tarrant, Wise, Parker, Johnson and Denton
Counties,acting by and through its duly authorized Assistant City Manager,and the BLOOMFIELD
HOMES, L.P. (`Bloomfield"), a Texas limited partnership of the state of Texas, acting by and
through its duly authorized agent. Fort Worth and Bloomfield are collectively referred to as the
"Parties."
RECITALS
WHEREAS, Bloomfield Homes is developing the Cottages at Hutson Oaks Subdivision
located near the intersection of Alta Vista and Keller Hicks Road in north Fort Worth; and
WHEREAS, on December 5, 2017, Bloomfield was issued UFC17-0249 Phase 1 urban
forestry permit to preserve 17,268 square feet (68.6%) of existing tree canopy and to remove the
remainder; and
WHEREAS, on March 9, 2018, it was confirmed by city staff that contractors working for
Bloomfield had over-cleared approximately 12,675 square feet or 50.3% of tree canopy in the
development resulting in removing 81.8% of the existing canopy and the removal of a Significant
Tree, as defined in the Zoning Ordinance, in violation of the approved Phase 1 urban forestry permit
and the City's Urban Forestry Ordinance, Section 6.302 of the Zoning Ordinance; and
WHEREAS,to forever settle claims regarding the grading and tree removal penalties due the
City for violations of the grading ordinance and urban forestry permit and Urban Forestry Ordinance,
Bloomfield and the City propose and agree to the replacement of lost canopy by planting eight large
canopy trees as described herein; and maintain and guarantee the survival of the trees for two years
in lieu of the penalties; and payment of$9,500.00 to the City of Fort Worth Tree Fund; and
WHEREAS, the City and Bloomfield now desire to conclude, settle, release and discharge
once and forever, all rights, claims, causes of actions, liabilities, disputes and demands related to the
City's claims for penalties due the City from Bloomfield's over clearing on the Cottages at Hutson
Oaks subdivision, and therefore are desirous of a final negotiated settlement and compromise of their
dispute, as more fully set forth herein.
NOW THEREFORE, in consideration of the mutual promises described herein, including
the Recitals set forth above, which are incorporated herein by reference, the City and Bloomfield
agree as follows:
OFFICIAL R `03`
FORT WORTH AND BLOOMFIELD SETTLEMENT AGREEMENT 1
CITY SECRETARY
ET WORTH, Tx
AGREEMENT
A. TERMS.
1. The City and Bloomfield have agreed that Bloomfield shall plant and maintain eight
large canopy trees spaced at least 40 feet apart around the detention pond and maintain
and guarantee the survival of trees for a term consistent with the Urban Forestry
Ordinance but not less than 2 years in full settlement of past claims regarding
violations of the City's Urban Forestry Ordinance on the Cottages at Hutson Oaks
subdivision development. The trees shall be planted and maintained, as outlined in
Exhibit"A", attached and incorporated in to this Agreement for all purposes.
2. The City and Bloomfield will work cooperatively to complete the planting of the
replacement tree canopy in compliance with Exhibit `B" hereby made a part of this
Agreement for all purposes. Provided however, all planting should be completed by
April 30, 2019.
3. Bloomfield shall make a payment of$9,500.00 into the City of Fort Worth Tree Fund
within ten days of the execution of this Agreement.
B. RELEASE OF CLAIMS. For and in consideration of the terms and conditions set forth
herein, the City hereby RELEASES AND DISCHARGES Bloomfield from any and all
claims, demands or causes of action at common law, statutory, or otherwise, which the
City has, known or unknown, existing at the time of execution of this Agreement related
to the violations of the urban forestry permit and the City's Urban Forestry Ordinance,
Section 6.300. This release shall be a fully binding and complete settlement between the
Parties. Notwithstanding any provision of this Settlement Agreement, the City and
Bloomfield acknowledge and agree that any future violations of the Urban Forestry
Ordinance on the site may be enforced by the City.
C. VOLUNTARY AGREEMENT. This Settlement Agreement is freely and voluntarily
given by each party, without any duress or coercion, and after each party has consulted
with its counsel. Each party has carefully and completely read all of the terms and
provisions of this Settlement Agreement. It is understood and agreed by the City and
Bloomfield that nothing herein shall be deemed to be an admission of liability by
Bloomfield with respect to the matter of this Settlement Agreement.
D. AUTHORITY. City and Bloomfield represent and warrant to the other that each has the
legal right,power and authority to enter into this Settlement Agreement and to perform its
obligations hereunder.
E. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST. This Settlement
Agreement contains the entire agreement between the City and Bloomfield regarding the
matters set forth herein, and all prior or contemporaneous agreements, understandings,
representations, warranties and statements, oral or written, are merged herein. This
Agreement shall be binding upon and inure to the benefit of the administrators, personal
representatives, heirs, successors, and assigns of each.
F. GOVERNING LAW. This Agreement is entered into in the State of Texas and shall be
construed and interpreted in accordance with its laws and adjudicated in a state or federal
court of competent jurisdiction located in the State of Texas.
FORT WORTH AND BLOOMFIELD SETTLEMENT AGREEMENT PAGE 2
EXECUTED in duplicate originals on the date hereinafter indicated.
BLOOMFIELD THE CITY OF FORT WORTH
`57ro�
Name: Ti. .n„ e-- SKw*r\ Jesus "Jay" Chapa
Title: F-C), A-+ Assistant City Manager
Date: 2 j Date: 7
Al.te by: : ' .1 PPROVED AS TO FORM AND
l{EGALITY:
M40- ka44 Oiy reta y It o?r
-._- Melinda Ramos
Sr. Assistant City Attorney
[ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE]
OFFICIAL RECORD
CIT SECRETARY
FORT WORTH AND BLOOMFIELD SETTLEMENT AGREEMENT ,3
--,j
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a notary ublic in and for the State of Texas, on this day
personally appearedT'+ru4<r,S$tv�the capacity of 9)" of 01 „ti F1,4A 0-ow,) LP,who being by
me first duly sworn on oath, deposed and said that he has read the foregoing Settlement Agreement
and Release and acknowledged to me that he executed it for the purposes and consideration therein
expressed on behalf of Bloomfield, Inc. in his official capacity.
,) 1°1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this
0day of
ADRIAN SULLIVAN
e;% public,State of Texas
;Notary Nota Public in and for
Comm• Expires 06 22 2019
Notary iD 1�o2�a1�� _ � The tate of Texas
7
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day
personally appeared Jesus "Jay" Chapa in the capacity of Assistant City Manager of the City of Fort
Worth, who being by me first duly sworn on oath, deposed and said that he has read the foregoing
Settlement Agreement and Release and acknowledged to me that he executed it for the purposes and
consideration therein expressed on behalf of the City of Fort Worth in his official capacity.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 514t—day of—9A""7�
201Y
MARIA S.SANCHEZ
*= My Notary ID#2256490 Nota Public in and or
vi;-,,o;,E*'•' Expires December 19,2021 The 6tate of Texas
OFFICIAL RECORD
CITY SECRETARY
FORT WORTH AND BLOOMFIELD SETTLEMENT AGREEMENT PAG 44
EXHIBIT A
Plantingd_ escription
8 large-canopy trees as designated on the City's recommended tree list, spaced at least 40 feet apart,
planted around the detention pond as shown in the site plan below.
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FORT WORTH AND BLOOMFIELD SETTLEMENT AGREEMENT PAGE 5
EXHIBIT B
SECTION 1.
DUTIES AND RESPONSIBILITIES
1.1 BLOOMFIELD shall commence and provide such services in accordance with this Agreement and its
attachments and all applicable laws. In providing such services, BLOOMFIELD shall take such steps, as are
appropriate to ensure that the work involved is properly coordinated with any related work performed by the
City.
1.2 Any work by BLOOMFIELD prior to approval by the City may be ordered stopped at the discretion
of the City and subject to removal and replacement by the BLOOMFIELD.
1.3 BLOOMFIELD represents that it has or will secure, at its own expense, all materials, supplies,
machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and
services necessary to provide the following improvements to the Cottages at Hutson Oaks subdivision as
described in Exhibit A:
a. Install and maintain for a two year period as further described herein all planting material depicted
in the Exhibit A in accordance with the plans proposed by BLOOMFIELD and as approved by
the City.
b. BLOOMFIELD will provide, at its own expense, all materials,equipment,and labor necessary to
provide water to said trees.
c. BLOOMFIELD agrees to provide a minimum of 7 gallons of water per caliper inch per week
throughout the growing season as needed. The watering is to continue for two years.
d. In the event any City owned property such as utilities, equipment, turf, etc. are damaged or
destroyed during watering or maintenance of the planting due to the negligence or acts of omission
of BLOOMFIELD,BLOOMFIELD will be responsible for the cost of repair or replacement.
e. Collect and properly dispose of all trash, garbage, litter, and debris related to the BLOOMFIELD
scope of services under this Agreement.
1.4 In the event that any City-owned property, such as utilities,public right-of-way, etc., are damaged or
destroyed during installation, watering, or maintenance of the trees due to negligence or acts of omissions of
the BLOOMFIELD,the BLOOMFIELD shall be solely responsible for all repairs or replacements.In the event
of damage due to acts of BLOOMFIELD,BLOOMFIELD shall replace or repair the damage at no cost to the
City. The City shall determine whether any damage has been done,the amount of the damage,the reasonable
costs of repairing the damage,and whether BLOOMFIELD is responsible. The City shall be the sole judge of
the damage to the premises,in which judgment shall be exercised reasonably.Any damage by BLOOMFIELD
shall be repaired or replaced by BLOOMFIELD to the reasonable satisfaction of the City within thirty days of
receipt of written notification from the City.
SECTION 2.
ALTERATIONS AND ADDITIONS
2.1 BLOOMFIELD shall not make or cause to be made any alterations, additions, or improvements
to the canopy proposed for Cottages at Hutson Oaks subdivision depicted in Exhibit A without
the prior written consent of the Director,Planning and Development Department.BLOOMFIELD
shall present to the Director the plans and specifications for such alterations, additions, and
improvements at the time such approval is sought.
FORT WORTH AND BLOOMFIELD SETTLEMENT AGREEMENT PAGE 6