HomeMy WebLinkAboutContract 51316 CITY SECRETARY
CONTRAACTNO. J 13)G
�C2� SETTLEMENT AND RELEASE AGREEMENT
24�
BETWEEN THE CITY OF FORT WORTH
AND D.R. HORTON- TEXAS,LTD.
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
D.R. Horton-Texas, Ltd. ("DR Horton"), a Texas Corporation, the state of Texas, acting by and
through its duly authorized agent.
RECITALS
WHEREAS, DR Horton is developing the Villages at Eagle Mountain Lake subdivision
near Eagle Pier Way and Tide Lane; and
WHEREAS, DR Horton applied for a Phase 1 urban forestry permit to preserve 25 percent
of existing tree canopy and to remove the remainder; DR Horton also applied for a Phase 2 urban
forestry permit for the required tree planting plan; and
WHEREAS, it was confirmed by city staff that contractors working for DR Horton had
over-cleared approximately 4,800 square feet of tree canopy in the development 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 tree removal penalties due the City for
violations of the urban forestry tree permit and Urban Forestry Ordinance and address the request
for additional clearing, DR Horton and the City propose and agree to (a) the replacement of lost
canopy plus the planting of trees at a ratio of 5:1 (approximately 28,800 square feet) on the subject
property; and maintain and guarantee the survival of the trees for two years in lieu of all other
penalties; and (b) payment into the City's tree fund of$11,856 in lieu of all other penalties; and
WHEREAS, the City and DR Horton 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 DR Horton's over clearing on the Villages at Eagle
Mountain Lake 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 DR Horton
agree as follows:
AGREEMENT
A. TERMS.
1. The City and DR Horton have agreed that DR Horton shall plant and maintain
approximately 28,800 square feet of replacement canopy and maintain and guarantee
the survival of the replacement canopy trees tor two years in tul settlement of past
FORT WORTH AND DR HORTON SETTLEMENT AGREEMENT OFFMOIAL RE PAGE 1
CITY SECRETARY 1340.020\75367.1
FT.WORTH,Tx
claims regarding violations of the City's Urban Forestry Ordinance on the Villages
at Eagle Mountain Lake subdivision development. The trees shall be planted and
maintained, as outlined in Exhibit "A", attached and incorporated into this
Agreement for all purposes.
2. Not later than November 30, 2018, DR Horton shall complete the planting of the
replacement tree canopy as shown and described on Exhibit "A" in compliance with
Exhibit "B" hereby made a part of this Agreement for all purposes. If DR Horton
fails to meet the November 30, 2018 deadline to complete such plantings, the City
has the right to place a hold on all future building permits for the Villages at Eagle
Mountain Lake subdivision development until DR Horton complies with the
requirements of this Section 2; however, building permits issued on or before
November 30, 2018 shall not be affected.
3. DR Horton agrees to make a payment into the City's tree fund of$11,856 no later
than 30 days after the execution of this Agreement.
4. The City agrees to immediately release any and all holds on building permits for the
Villages at Eagle Mountain Lake subdivision development to the extent such holds
are related to the dispute that is the subject 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 DR Horton 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 any and all provisions of the
City's Urban Forestry Ordinance. This release shall be a fully binding and complete
settlement between the Parties. Notwithstanding any provision of this Settlement
Agreement, the City and DR Horton acknowledge and agree that any future violations of
the Urban Forestry Ordinance on the site following the date of the parties' execution of
this Agreement 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 DR
Horton that nothing herein shall be deemed to be an admission of liability by DR Horton
with respect to the matter of this Settlement Agreement.
D. AUTHORITY. The City and DR Horton 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 DR Horton 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.
FORT WORTH AND DR HORTON SETTLEMENT AGREEMENT PAGE 2
1340.020\75367.1
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.
EXECUTED in duplicate originals on the date hereinafter indicated.
D.R. HORTON-TEXAS,LTD., THE CITY OF FORT WORTH
a Texas Limited Partnership
By: D.R. Horton, Inc.,
a Delaware Corporation,
yAutrized Agent
Benjamin Clar Jesus"Jay" Chapa
Assistant Vice President Assistant Cit Manager
Date: 9 //f8 Date: —�&--/,6
APPROVED AS TO FORM AND
LEGALITY:
O�•VORr�O
Melinda Ramos
Sr. Assistant City Attorney
I �XAS
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OFFICIAL.RECORD
CITY SECRETARY
FT.WORTHl TX
FORT WORTH AND DR HORTON SETTLEMENT AGREEMENT PAGE 3
1340.020\75367.1
EXHIBIT A
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FORT WORTH AND DR HORTON SETTLEMENT AGREEMENT PAGE 4
1340.020\75367.1
EXHIBIT B
VILLAGES AT EAGLE MOUNTAIN LAKE PROPERTY
SECTION 1.
DUTIES AND RESPONSIBILITIES
1.1 DR Horton shall commence and provide such services in accordance with this Agreement
and its attachments and all applicable laws. In providing such services, DR Horton 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 DR Horton prior to approval by the City may be ordered stopped at the
discretion of the City and subject to removal and replacement by the DR Horton.
1.3 DR Horton 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 Villages
at Eagle Mountain Lake subdivision("Area"):
a. Install and maintain for a two year period as further described herein all planting
material in the Area in accordance with the plans on Exhibit "A" of this Agreement.
b. As required, DR Horton shall adhere to the Parks and Recreation Department's
"Water Conservation/Rationing Procedures".
c. DR Horton will provide, at its own expense, all materials, equipment, and labor
necessary to provide water to said trees.
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 DR Horton, DR Horton 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 DR
Horton scope of services under this Agreement.
SECTION 2.
ALTERATIONS AND ADDITIONS
2.1 DR Horton shall not make or cause to be made any alterations, additions, or
improvements to the canopy proposed for Villages at Eagle Mountain Lake property
depicted in Exhibit A without the prior written consent of the Director, Planning and
Development Department. DR Horton shall present to the Director the plans and
specifications for such alterations, additions, and improvements at the time such
approval is sought.
2.2 Tree canopy to be provided on individuals lots, shall be planted as those lots are
developed, and notwithstanding anything to the contrary in this Agreement, the lot
owner shall be responsible for maintaining all trees required by this Agreement to be
planted and maintained within the platted lot.
FORT WORTH AND DR HORTON SETTLEMENT AGREEMENT PAGE 5
1340.020\75367.1
Tidwell, Allison
From: Kayser, Mary
Sent: Thursday, September 27, 2018 1:58 PM
To: Tidwell, Allison
Subject: DR Horton settlement
Per my phone conversation with Randle Harwood, he will be the contract compliance manager for this
agreement.
Mary J. Kayser, TRMC MMC
City Secretary
City Secretary's Office
200 Texas Street
Fort Worth, TX 76102
817-392-6161
817-944-8111 (cell)
maa.kaysergfortworthtexas. ov
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