HomeMy WebLinkAboutContract 62463Date Received: 12/18/2024
Time Received: 10:25 a.m. City Secretary No.: 62463
SETTLEMENT AGREEMENT AND RELEASE
BETWEEEN THE CITY OF FORT WORTH AND
SRAK CORPORATION
This SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") is made
and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation
located in the State of Texas, and SRAK Corporation ("Developer"), a Texas corporation. The City
and Developer are referred to herein individually as a "party" and collectively as the "parties."
WHEREAS, Developer is owner of Lot 6, 7 & 8, Block 1, South Seminary Addition, an
addition to the City of Fort Worth, Tarrant County, Texas which is also known as 9225 Crowley
Road, Fort Worth, Texas 76134 ("Property"); and
WHEREAS, Developer applied to the City for a building permit for the expansion of the
existing gas station on the Property in order to construct a restaurant, building permit number
PB 19-01828 ("Permit"); and
WHEREAS, the City approved the Permit on or about 5/21/19; and
WHEREAS, after issuance of the Permit by the City, it was determined that the expansion
of the building and associated work to construct the restaurant addition resulted in the removal of
a portion of the septic field for the septic system serving the Property; and
WHEREAS, removal of the septic field required Developer to hire a contractor to
construct a public sanitary sewer main to serve the property; and
WHEREAS, the public sanitary sewer main was constructed pursuant to a community
facilities agreement, City Secretary Contract Number 58460, City Project Number 104209
("CFA"); and
WHEREAS, in accordance with section 14 of the CFA and the City's CFA Ordinance,
Developer paid to the City the estimated cost of construction inspection service fees in the amount
of $9,500.00 and the estimated cost of administrative material testing service fees in the amount
of $1,372.00; and
WHEREAS, in accordance with the CFA and the CFA Ordinance, the City has reconciled
the estimated fees paid by Developer with actual fees owed to the City; and
OFFICIAL RECORD
CITY SECRETARY
SETTLEMENT AGREEMENT AND RELEASE BETWEEEN FT. WORTH, Tx Page 1 of 5
THE CITY OF FORT WORTH AND SRAK CORPORATION
WHEREAS, due to delays during construction and additional material testing, Developer
owes the City an additional $63,750.00 in construction inspection service fees and an additional
$514.50 in administrative material testing service fees, for a total amount of $64,264.50; and
WHEREAS, on November 4, 2024, the City accepted the improvements constructed
pursuant to the CFA; and
WHEREAS, Developer desires for the City to issue a certificate of occupancy for the
restaurant that has been constructed in order for Developer to pay the balance owed to the City;
and
WHEREAS, City and Developer desire to execute this Settlement Agreement to establish
a payment schedule for Developer to pay the fees owed to the City and settle all claims related to
the project, the Permit and the CFA; and
WHEREAS, the parties mutually wish to reach a full, final and complete resolution of the
amounts owed to the City pursuant to the CFA, to establish a payment schedule for Developer to
pay the fees owed to the City, and to settle all claims;
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 issuance of the Permit, the reduction in the septic field, the requirement that Developer
construct a public sanitary sewer main, issuance of the certificate of occupancy for the restaurant,
the work performed pursuant to the CFA, the inspection performed of the work performed pursuant
to the CFA, or the amount of the construction inspection fees and administrative material testing
service fees owed to the City pursuant to the CFA.
SETTLEMENT AGREEMENT AND RELEASE BETWEEEN Page 2 of 5
THE CITY OF FORT WORTH AND SRAK CORPORATION
II.
PAYMENT AND OTHER CONSIDERATION
City and Developer agree that Developer owes the City an additional $64,264.50 for
construction inspection service fees and administrative material testing service fees.
Contemporaneous with Developer's execution of this Settlement Agreement, Developer
shall pay to City $5,355.38. Developer agrees to pay the remaining balance of $58,909.12 to the
City as follows:
Payment Number
Due Date
Amount Due
1
January 15, 2025
$5,355.38
2
February 15, 2025
$5,355.38
3
March 15, 2025
$5,355.38
4
April 15, 2025
$5,355.38
5
May 15, 2025
$5,355.38
6
June 15, 2025
$5,355.38
7
July 15, 2025
$5,355.38
8
August 15, 2025
$5,355.38
9
September 15, 2025
$5,355.38
10
October 15, 2025
$5,355.38
11
November 15, 2025
$5,355.32
Developer and City agree that the payments made to the City are in complete and full
satisfaction of the entire amount owed by Developer to City pursuant to the CFA ("Settlement
Amount"), such amount being the remaining construction inspection service fees and
administrative material testing service fees Developer owes to the City.
City and Developer agree that should Developer fail to make any of the payments due to
the City by the due dates set forth in this Settlement Agreement, Developer shall be in breach of
this Settlement Agreement, the remaining outstanding balance of the Settlement Amount shall be
immediately due to the City, and City shall be entitled to take all action at law or in equity to
collect the remaining balance of the Settlement Amount from Developer.
Upon execution of this Settlement Agreement, the City shall issue the certificate of
occupancy for the building.
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 3 of 5
THE CITY OF FORT WORTH AND SRAK CORPORATION
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, other than the Settlement Amount owed
by Developer to City. The Parties acknowledge and agree that this Settlement Agreement is made
in compromise and settlement of all disputed claims 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]
SETTLEME T GREEME T RELE SE ETWEEE Page 4 of 5
THE CITY OF FORT WORTH SR K CORPOR TION
EXECUTED to be effective on the date signed by all parties.
THE CITY OF FORT WORTH
Dam �GI��IGiO f
Dana Burghdoff(Dec 2024OSr.P CST)
Dana Burghdoff
Assistant City Manager
Date: Dec 18, 2024
Recommended by:
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Dalton Harrell (pec 17, 202414:20 CST)
DJ Harrell
Director, Development Services Department
APPROVED AS TO FORM AND LEGALITY:
Richard McCracken (Dec 13, 202410:23 CST)
Richard A. McCracken
Sr. Assistant City Attorney
No M&C Required. Form 1295: N/A
SRAK CORPORATION
Raie �2024 ,8:50 CST)
Raj eev Gupta
Director
Date: Dec 13, 2024
ATTEST >oF...... , Contract Compliance Manager:
g=� By signing, I acknowledge that I am the person
��Qaes a°°Q;psaa' responsible for the monitoring and
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administration of this contract, including
Jannette Goodall ensuring all performance and reporting
City Secretary requirements
41-
Kandice Merrick (Dec 13, 202412:53 CST)
Kandice Merrick
Contract Management Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
SETTLEMENT AGREEMENT AND RELEASE BETWEEEN Page 5 of 5
THE CITY OF FORT WORTH AND SRAK CORPORATION