HomeMy WebLinkAbout065474 - Settlements - Contract - Srikanth KurapatiOFFICIAL RECORD CSC No. 65474
CITY SECRETARY
FT. WORTH, TX NEGOTIATED SETTLEMENT AGREEMENT
This Negotiated Settlement Agreement ("A reement") is between the City of Fort Worth
("City") ' and Srikanth Kurapati, MD ("Kurapati") (jointly, the "Parties").
WHEREAS, City alleges that in or about April 2026, exterior work performed at the
Property by or through Kurapati's contractor resulted in removal of portions of the front facade
and porch ("Demolition") of the improvements at 2241 Irwin Street, Fort Worth, Texas 76110
("Pro er "), a designated and protected historic structure in the Mistletoe Heights Historic and
Cultural District, without or inconsistent with a properly issued certificate of appropriateness
("COA") or demolition permit;
WHEREAS, City alleges that the Demolition authorizes it to assert certain claims and
penalties against Kurapati, and impose certain restrictions upon him, under TEX. LOCAL Gov'T
CODE §§ 54.001 et seq., 211.001 et seq., 214.001 etseq., and 315.006, TEx. Gov'T CODE §442.016,
section 4.401(h) of City's Zoning Ordinance, other statutes, ordinances, and/or laws (collectively,
"Rules");
WHEREAS, Kurapati denies that he personally performed, authorized, directed, or
knowingly permitted any work inconsistent with applicable approvals, and alleges City's position
is unfounded and unreasonable and that it also caused or contributed to certain events leading up
to the Demolition through certain representations and actions and otherwise is violating certain of
the above -referenced Rules; and
WHEREAS, City and Kurapati disagree with the allegations asserted by the other but agree
that bona fide disputes and controversies exist between them related to the Demolition and
surrounding events, and desire to compromise and settle any and all existing matters between them
in furtherance of the Parties' common goal of completion of Construction (defined in Section 3
below) without incident.
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises
and agreements made herein, and other valuable consideration, the receipt and sufficiency of which
is acknowledged, City and Kurapati agree as follows:
1. Release. For and in consideration of the recitals set forth above and the actions to
be taken under the terms of this Agreement as described below, City (for itself, the Historic
Preservation Office ("HPO"), and the Historic and Cultural Landmarks Commission ("HCLC"))
and Kurapati do hereby RELEASE, ACQUIT and FOREVER DISCHARGE each other and each
other's officers or officials, employees, executors, heirs, and assigns, and all persons, natural or
corporate, in privity with either or any of said persons from any and all claims, demands, or causes
of action of any kind whatsoever, at common law, statutory, ordinance, or otherwise, which either
has now, existing or potential, directly or indirectly related or attributable to the Demolition and
any previous demolitions at the Property, it being intended by this Agreement to RELEASE,
ACQUIT and FOREVER DISCHARGE all claims, demands, or causes of action of any kind which
i Where "City" is used herein, it is intended to be inclusive of HCLC and HPO, as also defined herein.
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Srikanth Kurapati, MD [2241 Irwin Street]
either of the Parties might have against the other related or attributable to the Demolition and any
previous demolitions at the Property ("Released Matters"). This release is intended to only affect
further actions of City pertaining to the Demolition and any previous demolitions at the Property
and is not intended, nor shall it be construed, to prevent City from enforcing its rules, regulations,
and ordinances for other violations that exist now or which may arise in the future, or from
exercising any of its other governmental functions or responsibilities with respect to the Property.
Notwithstanding anything to the contrary, the Released Matters does not include and this
Agreement does not release, impair, waive, assign, satisfy, compromise, or otherwise affect any
claim, demand, cause of action, indemnity right, insurance claim, surety claim, warranty claim,
contribution claim, or recovery right that Kurapati has or may have against any builder, general
contractor, subcontractor, architect, engineer, designer, consultant, supplier, insurer, surety, or
other non -City third party arising from or relating to the Property, the Demolition, or the
Construction. No such person is an intended third -party beneficiary of this Agreement.
2. Payment in Compromise of Disputed City Claims. Kurapati agrees to pay City
the sum of $5,000.00 on or before July 15, 2026 in relation to the Demolition ("Pa ment'). The
Payment is made solely in compromise of disputed claims and shall not constitute, and shall not
be used as evidence of, an admission of liability, fault, intent, knowledge, willfulness, negligence,
or violation of any Rules, COA, or permit. Within three (3) business days of the Parties' execution
of this Agreement, City shall provide Kurapati specific instructions on the manner and location of
Payment.
3. Construction; Use of Historic Materials, Plans. Kurapati, in performing all
construction, reconstruction, and renovation of the Property ("Construction"), shall retain and
reuse as much historic material as possible to reconstruct the front facade and porch to original
configuration. New plans and materials must be provided to HPO for approval for a revised
administratively approved COA and revised permits as needed before stop work is lifted. Such
reviews, approvals or denials, and any subsequent reviews, decisions, and actions, shall be
conducted promptly by HCLC/HPO but not later than five (5) business days from Kurapati's
submittal (this process being "City Review"). Any other deviations from previously approved
plans unrelated to the front facade and porch may also require additional review, which shall not
be governed by the City Review timelines set forth in this Agreement.
4. Retention of Architect with Historice Expertise. Kurapati must retain an
architect that meets the Secretary of the Interior's Professional Qualifications Standards for
"Historic Architecture" [see littps://www.nps.gov/articles/sec-standards-prof-quals.htni]. The
architect shall be utilized during the course of construction to assure compliance with all applicable
Rules and the terms of this Agreement. City agrees and acknowledges that Kurapati's current
architect Richard Drummond Davis satisfies these Section 4 requirements. Any new or
replacement architect shall be required to also satisfy these Section 4 requirements.
5. Waiver of Other Penalties. Without admitting that §4.401(h) of City's Zoning
Ordinance applies to the Demolition or the Property, City agrees that as to Kurapati and the
Property neither will impose, file, maintain, enforce, or rely upon any penalty, restriction, notice,
permit hold, or other limitation under §4.401(h) or other Rules based in whole or in part on the
Released Matters, and will release and cancel any such item that already has occurred. This
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Srikanth Kurapati, MD [2241 Irwin Street]
provision shall not be construed to confer any permits on Kurapati, and Kurapati must make
application for any permits needed for future development except as provided herein.
6. COA; Permits; Coordination. Subject to Section 3 above, City acknowledges
that Kurapati has submitted all necessary plans for approval but these plans require additional
detail with respect to: concrete for porch and stairs, brick bond type on the house and porch
columns, examples of wood shakes to be used, example and material description of windows to be
used, reveal and finish of wood siding to be used, and front landscaping, all which will require
City Review which has not yet occurred. Such City Review shall be conducted as required in
Section 3. Once the foregoing plans and detail pass City Review, City will ensure all related COAs
and permits necessary for commencement of Construction are issued no later than three (3)
business days after the later of same or Payment. City may participate with Kurapati (and his
contractors) in reasonably frequent monitoring of Construction to ensure compliance with Rules
in furtherance of the Parties' common goal of completion of Construction without incident. City
shall designate one primary point of contact for all communications and coordination regarding
Construction. City's monitoring of the Construction may include confirming compliance with
COAs, permits, and plans, and shall be conducted at mutually reasonable times in a manner that
does not unreasonably delay Construction. Any City comment, objection, required correction,
asserted deficiency, or stop -work order shall be provided in writing and identify the applicable
basis with sufficient specificity to inform Kurapati of the basis and means to correct it without the
need for further follow-up to determine same.
7. Future Penalty. Subject to this Agreement, in the event Construction remedying
the Demolition by or through Kurapati's contractor results in material violation of §4.401(h) of
City's Zoning Ordinance which was not approved by someone acting on behalf of City and is not
cured within thirty (30) days after written notice, Kurapati agrees that any final non -appealable
determination of penalties shall be no less than Forty Five Thousand and NO/100 Dollars
($45,000.00) ("Future Penalty"), not inclusive of the $5,000.00 Payment referenced in Section 2
above.
8. Default; Specific Performance; Enforcement.
(a) If Kurapati fails to timely perform any material obligation under this
Agreement, City may provide written notice of default to the Kurapati. Kurapati shall cure such
default within thirty (30) days after receipt of notice. Except as provided in this Agreement, City's
enforcement and remedies options are provided by law.
(b) If City fails to timely perform any material obligation under this Agreement,
Kurapati may provide written notice of default to City. City shall cure such default within five (5)
business days after receipt of notice. To the fullest extent permitted by law, Kurapati shall be
entitled to seek and obtain specific performance, declaratory relief, temporary and permanent
injunctive relief, and any other equitable relief necessary to compel. City's performance of this
Agreement, including relief requiring City to issue, recognize, release, withdraw, cancel, record,
or refrain from enforcing any document, permit hold, restriction, notice, condition, penalty, or
administrative action inconsistent with this Agreement. The Parties agree that monetary damages
alone would be inadequate to remedy such breach. Nothing in this Agreement waives any
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Srikanth Kurapati, MD [2241 Irwin Street]
immunity, defense, limitation on damages, or governmental function of City except to the extent
such waiver is authorized by applicable law; however, City agrees that it will not oppose equitable
enforcement of the express, ministerial, and specifically identified obligations approved and
undertaken in this Agreement on the ground that monetary relief would be adequate. City shall not
unreasonably impose any additional condition, review requirement, permit hold, administrative
restriction, or HCLC/Historic Preservation Office condition based in whole or in part on the
Released Matters.
9. Final Completion and Compliance Confirmation. Within five (5) business days
after approval of final inspections for Construction and closure of all issued permits, City shall
issue to Kurapati a written letter that shall confirm: (a) all permits, trade permits, inspections, and
approvals issued for the Construction have been finally approved, closed, or otherwise satisfied
with respect to the matters contained herein; (b) the Construction substantially complies with the
COAs, plans, permits, written conditions, and applicable objective requirements enforced by City,
and/or other applicable authorities with respect to the matters contained herein; (c) there are no
outstanding notices, failures, deficiencies, holds, orders, or fees relating to the Property with
respect to the matters contained herein; and (d) based on City inspections, reviews, and approvals
through the date of the letter, there will be no assertion of any claim, penalty, restriction, hold, tax -
exemption consequence, or other enforcement action against Kurapati or the Property with respect
to the matters contained herein.
10. Parties Bound. In addition to as set forth in Section I above, this Agreement shall
be binding upon, and inure to the benefit of, the Parties to this Agreement (inclusive of
HCLC/HPO), and their respective officers, officials, assignees, and heirs.
11. Representations. Except for the express representations and covenants contained
in this Agreement, no Party is relying on any statement, representation, promise, omission, or
communication not expressly set forth herein.
12. Nonseverability. All provisions in this Agreement are material and non -severable,
the absence of any rendering the consideraiton herein null and void. If any of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable,
this Agreement shall be construed as invalid, illegal, or unenforceable.
13. Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement,
and duly executed by City and Kurapati.
14. Notices. The Parties agree that all notices and communications in furtherance,
compliance, and with respect to this Agreement must be made to each person identified below and
in the specific manners as set forth below:
To City: To Kurapati:
Christopher B. Mosley Paul J. Vitanza
Christopher.Mosley a,fortworthtexas.g, ov pvitanza@)barlowfirm.com
Carl R. Qualls III Chi -is D. Collins
Carl.Qualls2fortworthtexas.gov ccollins c barlowfirmxom
Negotiated Settlement Agreement Page 4 of 6
Srikanth Kurapati, NO [2241 Irwin Street]
Any notices that allege any violations of this Agreement must also be sent by certifed mail and
regular mail to the following addresses:
To City:
Christopher B. Mosley
Senior Assistant City Attorney
Section Chief, General Litigation
CITY ATTORNEY'S OFFICE
100 Fort Worth Trail
Fort Worth, Texas 76102
To Kurapati:
Paul J. Vitanza
BARLow LLP
100 Lexington Street, Suite 151
Fort Worth, Texas 76102
15. Authority to Enter into Agreement. Each party to this Agreement asserts that it
has the necessary authority to settle this matter fully on behalf of itself and all parties whose
interests it purports to release in accordance with the terms of this Agreement, and that the
individuals who execute this Agreement on its behalf are fully authorized to execute the Agreement
and to bind the respective Parties. City has obtained City Council approval of this Agreement.
16. Revocation. The Parties acknowledge that this Agreement may not be revoked.
17. Drafting; Interpretation; Enforcement; Venue; Attorneys' Fees. The Parties
acknowledge that the rule of interpretation against the drafter shall not be employed in the
interpretation or enforcement of this Agreement. It is expressly understood and agreed that the
recitals to this Agreement constitute an integral part hereof and are not merely recitals. The terms
of this Agreement shall be governed by and construed in accordance with the laws of the State of
Texas. The Parties acknowledge that this Agreement shall be enforceable in any court of competent
jurisdiction, but venue for any action based on or arising under this Agreement shall lie exclusively
in any court of competent jurisdiction in Tarrant County, Texas. In any action to enforce this
Agreement, venue shall lie exclusively in a state district court of Tarrant County, Texas, and the
prevailing party shall be entitled to recover its reasonable and necessary attorneys' fees and costs
to the fullest extent permitted by law.
The Parties represent their Agreement to each and all the foregoing by their signatures
below, executed and effective on the date all parties sign after all required City approvals
("Effective Date").
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Srikanth Kurapati, MD [2241 Irwin Street]
CITY OF FORT WORTH:
Jesica McEachern
Assistant City Manager
Date:
an
Jannette Goodall
City Secretary
Date:
APPROVED AS FORM AND LEGALITY:
Christopher B. Mosley
Senior Assistant City Attorney
City of Fortt Worth
Paul J. Vitanza
Attorney for Srikanth Kurapati, MD
SRIKANTH KURAPATI, MD:
Srikan Kurapati, MD
Date: 7/2/2026
Negotiated Settlement Agreement Page 6 of 6
Srikanth Kurapati, MD [2241 Irwin Street]
CITY OF FORT WORT
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Assistant City Manager
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City Secretary
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APPRO'VEfD FO D LEGALITY:
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Christopher B. Mosley
Senior Assistant City Attorney
City of Fort Worth
Paul J. Vitanza
Attorney for Srikanth Kurapati, MD
Negotiated Settlement Agreement
Srikanth Kurapati, NM [2241 Irwin Street]
SRIKANTH KURAPATI, MD:
Srikanth Kurapati, MD
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 6 of 6
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Negotiated Settlement Agreement
Subject of the Agreement: Negotiated Settlement Agreement between the City of Fort Worth
and Srikanth Kurapati for the demolition and plan for corrective action of a house in the Mistletoe Heights
Historic District, 2241 Irwin Street.
M&C Approved by the Council? * Yes ❑ No 8
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 8
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ® If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 7/2/26 Expiration Date: none
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No W
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Signature:
5�
Email: allison.tidwell@fortworthtexas.gov