HomeMy WebLinkAboutContract 49790-SA1 CRACY0 14O
SETTLEMENT AGREEMENT AND RELEASE
BETWEEEN THE CITY OF FORT WORTH AND
JABEZ DEVELOPMENT,L.P.
THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") is
made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule
municipal corporation located in the State of Texas and situated in portions of Tarrant, Denton and
Wise Counties,acting by and through Jesus J.Chapa,its duly authorized Assistant City Manager,and
JABEZ DEVELOPMENT, L.P. ("Developer"), a Texas limited partnership. The City and
Developer are referred to herein individually as a"Party"and collectively as the"Parties."
WHEREAS, effective October 16, 2017, the Parties entered into a Community Facilities
Agreement, City Secretary Contract No. 49790 ("CFA"), for the construction of public
infrastructure related to a project generally described as Palmilla Springs Phase 4 ("Project"); and
WHEREAS, due to anticipated future development in the area of the Project the Fort
Worth Water Department determined that the 10-inch off-site sewer main located approximately
4,200 linear feet west of Chapel Creek Boulevard,just north of IH-30 and extending approximately
1,515 linear feet along an existing tributary would need to be oversized up to an 18-inch sewer
line, and further determined that the 10-inch water line located in Chapin Road would need to be
oversized to a 16-inch water line; and
WHEREAS,Developer agreed in the CFA to oversize the sewer main and water line and
establish the amount of funds the City would pay to Developer to participate in the CFA for the
oversizing costs; and
WHEREAS, the City informed the Developer of the public bidding or bonding
requirement for the City's participation in the cost of oversizing the lines; and
WHEREAS, City and Developer agreed upon the amount of the City's participation in the
Project cost for oversizing the sewer and water lines; and
WHEREAS, a change order in the amount of$20,030.00 was executed by the Parties for
the cost of oversizing the sewer line, but the City has not reimbursed Developer for said cost; and
WHEREAS, the cost of oversizing the water line was $53,022.12, which the City has not
reimbursed to the Developer; and
WHEREAS, Developer completed construction of the oversized sewer and water lines
without publicly bidding the project or providing a bond covering the entire cost of the project;
and
WHEREAS, Developer has demanded that the City reimburse the Developer for the
amount of the City's participation in the Project for oversizing the sewer and water lines; and
FT. WORTH,TX
WHEREAS, City would be unjustly enriched if City did not to compensate Developer for
oversizing the sewer and water lines; and
WHEREAS,the Parties mutually wish to reach a full, final and complete resolution of the
reimbursement owed to Developer by the City for the cost of oversizing the sewer and water lines
as more fully set forth herein;
NOW THEREFORE, in consideration of the mutual conditions and covenants described
herein, and for other good and valuable consideration, the sufficiency and receipt of which is hereby
acknowledged, the Parties agree as follows:
I.
RELEASE
Except for the obligations under this Settlement Agreement, Developer (and each of its
current and former members, officers, directors, owners, shareholders, partners, employees,
attorneys, agents, representatives, divisions, affiliated entities, subsidiaries, related entities,
parents, heirs,beneficiaries, successors,trustees,executors, and assigns)releases,remises,acquits,
forever discharges,and covenants not to sue(as a full settlement and as an accord and satisfaction)
City (and each of its current and former employees, attorneys, agents, representatives, divisions,
affiliated entities, subsidiaries, successors, trustees, executors, assigns, and related entities) from
any and all claims, however denominated, and manners of action, causes of action, suits, debts,
obligations, choses in action, contracts, torts, covenants, claims, rights of contribution and/or
indemnification, rights of subrogation, sums of money, judgments, executions, liabilities,
damages, interest, fees, costs, expenses, demands and rights whatsoever, contingent or non-
contingent, in law or in equity, known or unknown, suspected or unsuspected,previously existing,
or existing as of the date of this Settlement Agreement, including without limitation those relating
to the CFA, the services provided thereunder, or the payment of the amount offed by City to
Developer for oversizing the sewer and water lines.
II.
PAYMENT AND OTHER CONSIDERATION
Within thirty (30) days of executing this Settlement Agreement, City agrees to pay to
Developer $73,052.12 as complete and full satisfaction of the entire amount owed by City to
Developer for Developer oversizing the sewer and water lines.
III.
ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST
This Settlement Agreement contains the entire agreement between the City and Developer
regarding the matters set forth herein, and it shall be binding upon and inure to the benefit of the
administrators, personal representatives, heirs, successors, and assigns of each.
SETTLEMENT AGREEMENT AND RELEASE BETWEEEN Page 2 of 4
THE CITY OF FORT WORTH AND JABEZ DEVELOPMENT,L.P.
IV.
CONSTRUCTION BY STATE LAW
This Settlement Agreement is entered into in the State of Texas and shall be construed and
interpreted in accordance with its laws.
V.
NO ADMISSION OF LIABILITY
It is understood and expressly agreed that neither the payment of the settlement amount nor
anything contained within this Settlement Agreement shall be construed as an admission of any
liability whatsoever on the part of City or Developer. The Parties acknowledge and agree that this
Settlement Agreement is made in compromise and settlement of a disputed claim and that by
entering into this Settlement Agreement neither Party intends to admit the correctness of the other
Party's contentions.
VI.
SEVERABILITY
The Parties acknowledge and agree that if any part, term or provision of this Settlement
Agreement is determined by the courts to be invalid, illegal or in conflict with any law of the State
of Texas, the validity of the remaining portions or provisions shall not be affected thereby.
VII.
EFFECTIVENESS
This Settlement Agreement shall become effective immediately following execution by all
of the Parties.
VIII.
COUNTERPARTS
This Settlement Agreement may be executed in counterparts (but all counterparts, taken
together, shall constitute only one agreement)and facsimile or electronic copies of signatures shall
be treated as originals for all purposes.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
SETTLEMENT AGREEMENT AND RELEASE BETWEEEN Page 3 of 4
THE CITY OF FORT WORTH AND JABEZ DEVELOPMENT,L.P.
EXECUTED on the date hereinafter indicated.
THE CITY OF FORT WORTH JABEZ DEVELOPMENT, L.P.
a Texas limited partnership
By: BNMJR, Inc.
Aelso-n-1r4tcKe@l,
eneral Partner
Jesus J. Chapa Jr.
Assistant City Manager CEO
Date: � � � �C( Date:
111b 2
Recommended by:
Chris Harder
Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
Richard A. McCracken
Assistant City Attorney
ATTEST �� ontract Compliance Manager:
„ - signing, I acknowledge that I am the person
y d r sponsible for the monitoring and
�` ' '• * dministration of this contract, including
ary J. Kh# /RoQd Gonzalez ..,, ensuring all performance and reporting
City Secretary/Assistant City Secret ° require
P"
Name: I,Mve.l 6 PA14ftA►'r p it,oatLfi
Title: coofd i+u M-o 2
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WORD
SETTLEMENT AGREEMENT AND RELEASE BETWEEEN PGK"&"RETARY
THE CITY OF FORT WORTH AND JABEZ DEVELOPMENT,L.P. FT. WORTH,TX