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Home My WebLink AboutContract 55347 567892 O CITY SECRETARY553 ' No. 096-322103-20 ECM DEVELOPMENT,LLC § IN THE DISTRICT COURT VS. § 96TH JUDICIAL DISTRICT CITY OF FORT WORTH, TEXAS § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, ECM Development, LLC ("ECM"), Plaintiff in the above-entitled and numbered cause, is the developer of Meadowbrook Park, a residential housing development in east Fort Worth; and, WHEREAS, in June of 2020, Plaintiff notified the City of Fort Worth that Plaintiff's subcontractor removed approximately 20 trees from the development site in violation of the Urban Forestry Plan in effect for the development; and, WHEREAS, The City of Fort Worth ("City"), Defendant in the above-entitled and numbered cause, issued a civil penalty to ECM in the amount of$189,000 for this violation, in accordance with Fort Worth City Code 6.3020); and, WHEREAS, ECM sought and the City's Urban Design Board approved a new Urban Forestry Plan for this development that,in part,requires ECM to replant seven trees on the property for each tree removed in violation of the Urban Forestry Plan; and, WHEREAS, ECM subsequently filed this declaratory action to challenge the legality of the penalty imposed and the method of its calculation; and, WHEREAS, Plaintiff has agreed to compromise and settle all claims and causes of action of any kind which it may have against the City, its agents, employees,workers and representatives, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ECM DEVELOPMENT,LLC v.CITY OF FORT WORTH ( IJ j ( ,?( o 1 .' F boards, commissions, and all others connected with or in privity with the City, arising out of or connected in any way with the City's issuance of the civil penalty for the events described above in consideration of the City's agreement to reduce the civil penalty to Forty-Four Thousand, Five Hundred Fifty-Three Dollars and Seventy-Five Cents ($44,553.75)and Plaintiff acknowledges that it is the intention of this agreement to compromise and settle all such claims against the City arising out of or connected in any way with the City's issuance of the civil penalty under any other theory, whatsoever; and, WHEREAS, Plaintiff agrees to pay, and the City agrees to accept as payment in full, the total of Forty-Four Thousand, Five Hundred Fifty-Three Dollars and Seventy-Five Cents ($44,553.75) to the City in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. THE PARTIES AGREE AS FOLLOWS: I. That ECM Development, LLC, Plaintiff herein, for and in consideration of a reduction of the civil penalty the City of Fort Worth alleges it owes to the City of Fort Worth to Forty- Four Thousand,Five Hundred Fifty-Three Dollars and Seventy-Five Cents ($44,553.75), in full and final settlement of all claims arising out of the City's issuance of a civil penalty for the June 2020 tree removal within the Meadowbrook Park development,the incident herein described, the receipt and sufficiency of such consideration being hereby acknowledged and confessed, does hereby unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Plaintiff might assert by reason of the above described event together with all claims heretofore asserted in Cause No. 096322103-20, in the 96TH Judicial District,Tarrant County,Texas, including claims of COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ECM DEVELOPMENT,LLC v.CITY OF FORT WORTH Page 2 any other kind, character or nature of damage which could or might be the subject of a claim by it arising from the incident hereinabove described. 2. That the City of Fort Worth,Defendant herein,for and in consideration of Forty-Four Thousand, Five Hundred Fifty-Three Dollars and Seventy-Five Cents ($44,553.75), the receipt and sufficiency of such consideration being hereby acknowledged and confessed, does, except as noted in Section 3 of this Compromise Agreement and Release,hereby unconditionallyrelease,acquit and forever discharge ECM Development,LLC, and its agents,employees,workers and representatives, and all others connected with or in privity with ECM Development, LLC, of and from any and all claims arising out of the June 2020 tree removal within the Meadowbrook Park development and the City's issuance of a civil penalty for such June 2020 tree removal within the Meadowbrook Park development as described herein. 3. That this Compromise Agreement and Release in no way releases ECM from the terms of the amended Urban Forestry Plan for the Meadowbrook Park development, or from any other requirement under any statute or code, or from any permitting requirements. 4. That all costs,including attorney's fees,associated with this dispute and lawsuit over the issuance of a civil penalty, shall be borne by the party incurring same. 5. That the release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of City regarding whether or not Plaintiff's claims have any merit. It is also understood and agreed that this settlement is in compromise of disputed claims and that the reduction of the civil penalty made hereunder is not to be construed as admission of wrongdoing on the part of the City of Fort Worth and,in fact, City denies such for the above-described events. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ECM DEVELOPMENT,LLC v.CITY OF FORT WORTH Page 3 6. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs its attorney, Larry Fowler, to approve an Agreed Order of Dismissal, with prejudice, with respect to his claims and causes of action in the above-entitled and numbered case. And, in this connection, Plaintiff and its attorney agree to expeditiously provide any information the Court may require, and/or to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 7. ECM Development represents that it has not assigned any portion of the claims being released herein to any third party. 8. That this Compromise Settlement Agreement And Release Of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9. That Plaintiff ECM Development, LLC represents and acknowledges that this Compromise Settlement Agreement And Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail, by its attorney and that it is fully understood. This agreement shall be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective si t res. en . Moore Manager, ECM Development, LLC, Plaintiff Date: 02/15/2021 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ECM DEVELOPMENT,LLC v.CITY OF FORT WORTH 4. U"Il li9 41 ft )Lf 0 �h�i, APPROVED AND AGREED TO: . >/-",; Date: � cz s 'Aoa La er, Jr. M 'D . Barlow HARRIS COOK, L.L.P. 1309-A West Abram Arlington, Texas 76013 Email: Lar[yC@-HarrisCookLaw.com APPROVED: Date: Z !� Assistant Ci Mana CITY OFF RT W H I r _ I PPROVED A TO FO 1 Date: Luis Mosley Senior Assistant City Attorney L A ��►.r Date: J.Kayser,City S et r COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ECM DEVELOPMENT,LLC v.CITY OF FORT WORTH f i Inge 5