The URL can be used to link to this page

Home My WebLink About150-00 RESOLUTIONRESOLUTION NO. 150-00 1 A RESOLUTION APPROVING AN AGREEMENT RELEASING MCCLINTON-ANCHOR AND CREEKWOOD HILLS FROM ANY AND ALL LIABILITY RELATED TO THE ORIGINAL WORK PERFORMED OR THE PROPOSED REPAIRS TO STREETS TO PHASE I, BRIDGEPORT SUBDIVISION AND AUTHORIZES THE MAYOR AND CITY CLERK TO EXECUTE SAID RELEASE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS • Section 1. That the City Council hereby approves an agreement releasing McClinton - Anchor and Creekwood Hills from any and all liability related to the original work performed or the proposed repairs to streets to Phase I, Bridgeport Subdivision and authorizes the Mayor and City Clerk to execute said release. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of November , 2000. APPROVED. By: F ed Hanna, Mayor ATTEST: By:/2/�+ O [eathe�druff, CityK"/ NAME OF FILE: 1 fie 4410—D� CROSS REFERENCE: Date Contents of File Initials /1 f3Oo�f�T�G�ie �p 1 �/f%✓i4S-rt°J Wy al /4//,J S44a/-./l� /,:4' ,j/-/.�-00 1/ Y -M 4 e li--.710 //15-O0 . 1 AZ • 1 DAVIS, WRIGHT, CLARK, BUTT & CARITHERS, PLC ATTORNEYS AT LAW P. O. BOX 1688 FAYETTEVILLE, ARKANSAS 72702-1688 http://www.daviswrightlaw.com SIDNEY P. DAVIS, JR. TILDEN P. WRIGHTHI CONSTANCE G. CLARK WM. JACKSON RUTTII KELLY CARITHERS DON A. TAYLOR PAUL H. TAYLOR JOHN G. TRICE LAURA I. ANDRESS MARK W DOSSEIT COURTNEY P. GILBERT Ms. Heather Woodruff City Clerk 113 West Mountain Street Fayetteville, AR 72701 Dear Ms. Woodruff: 19 EAST MOUNTAIN STREET TELEPHONE 501/521-7600 TELECOPIER 501/521-7661 WRITERS DIRECT EMAIL jvia®Cmiswrightlaw.mm November 21, 2000 APAC-Arkansas, Inc., McClinton Anchor Division v. Edwards Design & Construction, Inc.; Washington County Circuit No. CIV 97-414 Enclosed please find an original of the fully executed agreement between McClinton -Anchor, Creekwood Hills Development, Inc. and the City of Fayetteville. Thank you for your assistance in this matter. JGT/Ik Enclosure Sincerely, DAVIS, WRIGHT, CLARK. BUTT & CARITHERS, PLC 6 4% G. Trice RECEIVED NOV 2 2 2000 CITY OF FAYETTEVILLE C CLERK'S OFFICE �X� Agegiez • Resolution No. 150-00 • AGREEMENT This Agreement is made and entered into on this '9 day of A/(�1/0/?7/3r , 2000, between APAC-Arkansas, Inc., McClinton -Anchor Division ("McClinton -Anchor"), Creekwood Hills Development, Inc ("Creekwood Hills"), and the City of Fayetteville ("City"); WITNESSETH: WHEREAS, McClinton -Anchor and Creekwood Hills have settled their lawsuit over the construction of Phase I of the Bridgeport subdivision in Fayetteville, Arkansas; WHEREAS, as part of the settlement, McClinton -Anchor has agreed to repair the failing section of the roadway located at the entrance to the Bridgeport subdivision by removing the existing pavement in the area designated on the attached exhibit and replacing it with at least 2" of new asphalt; WHEREAS, neither McClinton -Anchor nor Creekwood Hills have any obligation or responsibility whatsoever to repair the failing section of the roadway located at the entrance to the Bridgeport subdivision since the City accepted Phase I of the subdivision and the roadway was dedicated to the City on October 5, 1994 and any warranties arising out of the original construction work have expired; and WHEREAS, the settlement agreement between McClinton -Anchor and Creekwood Hills is contingent upon the City's authorization of the proposed repairs and the City's complete release of McClinton -Anchor and Creekwood Hills from any and all liability related to the original work performed or the proposed repairs; NOW THEREFORE, for good and valuable consideration, including but not limited to the voluntary repairs proposed herein, the parties hereto agree as follows: 1 Page 1 of 4 nesolution no. LJo-oo rage Z of 4 • AUTHORIZATION OF PROPOSED REPAIRS. City hereby authorizes McClinton - Anchor to complete the repairs proposed herein. 2. RELEASE. City does hereby for its heirs, executors, administrators, successors, and assigns, release, acquit, and forever discharge McClinton -Anchor, Creekwood Hills, and their insurers, subsidiaries, affiliates, parents, predecessors, successors, partnerships and associations and any and all other corporate entities or insurance companies associated therewith, their agents, servants, employees, heirs, personal representatives, successors, assigns, attorneys, and any and all other persons in privity with them, or any of them, of and from any and all claims, suits, demands, actions, causes of action, rights, damages, costs, expenses and other types of damages of any kind or description whatsoever, whether known or unknown, which against said parties the City ever had, now has, or may hereafter have, for or by reason of any cause, matter or thing whatsoever, from the date of these presents, arising out of, connected with, or in any way resulting from the original construction of Phase I of the Bridgeport subdivision in Fayetteville, Arkansas or the repairs proposed herein. IN WITNESS WHEREOF. this Agreement has been executed by each of the parties hereto on the date first set forth. APAC-ARKANSAS, INC., MCCLINTON-ANCHOR DIVISION By: ( S- L Lee S. DuChanois, President 2 • xesoiution ivo. lou-uu Page 3 of 4 • CREEK LOPMENT, INC. By Perry . Butcher, President This Agreement is made and entered into on this 7th day of November, 2000, between APAC-Arkansas, Inc., McClinton -Anchor Division ("McClinton -Anchor"), Creekwood Hills Development, Inc. ("Creekwood Hills"), and the City of Fayetteville ("City"). 3 • • Resolution No. 150-0 Page 4 of 4 CITY OF FAYETTEVILLE This Agreement is made and entered into on this 7th day of November, 2000, between APAC-Arkansas, Inc., McClinton -Anchor Division ("McClinton -Anchor"), Creekwood Hills Development, Inc. ("Creekwood Hills"), and the City of Fayetteville ("City"). 4 44 • • Resolution No. 150-00 41/11 Page 4 of 4 • CITY OF FAYETTEVILLE This Agreement is made and entered into on this 7th day of November, 2000, between APAC-Arkansas, Inc., McClinton -Anchor Division ("McClinton -Anchor"), Creekwood Hills Development, Inc. ("Creekwood Hills"), and the City of Fayetteville ("City"). 4 SIDNEY P. DAVIS, IR. TILDEN P. WRIGHT El CONSTANCE G. CLARK WM. JACKSON BUTT II KELLY CARITHERS DON A. TAYLOR PAUL H. TAYLOR JOHN G. TRICE LAURA J. ANDRESS MARK W. DOSSEIT COURTNEY P. GILBERT 9 • DAVIS, WRIGHT, CLARK, BUTT & CARITHERS, PLC ATTORNEYS AT LAW P. O. BOX 1688 FAYEI IL.VILLE, ARKANSAS 721).9 http://www.daviswrightlaw.com 41:647 f C/ CCT 6 2000Qkpinotnotg Mr. Jerry E Rose, City Attorney City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Jerry: October 13, 2000 19 EAST MOUNTAIN STREET TELEPHONE 501/521-7600 TELECOPIER 501/521.7661 WRITER'S DIRECT EMAIL jtrice@davisvrightlaw.com Re: Proposed Street Repairs to Phase I Bridgeport Subdivision Enclosed please find an Agreement that 1 have prepared relating to the settlement of the lawsuit between Creekwood Hills Development, Inc. and McClinton -Anchor over the construction of Phase 1 of the Bridgeport Subdivision in Fayetteville. As you can see, this Agreement satisfies the contingency contained in the Settlement Agreement by obtaining the City's authorization of the proposed repairs and its complete release of McClinton -Anchor and Creekwood Hills from any and all liability related to the original work performed or the proposed repairs. It is my understanding that this agreement will require approval from the City Council and that you and Jim Beavers will place this matter on the agenda for the next meeting. If you have any questions or comments, please do not hesitate to call. Sincerely, DAVIS, WRIGHT, CLARK, BUTT & CARITHERS, PLC oUt G. Trice JGT/1k Enclosure cc/enol: Mr. Howard Slinkard Mr. Jim Beavers Z 4=10 ••••I ••• 1•Immb •••• Mom,. Gm •m. 1•41.100 ••••••• Igimw ••• im.•••• ••• .mm,ED aommi. Nom .1=1. ••• MER• •••• ampomp ••• •••••• Moamar ••• FAYETTEVILPL,E THE CITY OF FAYETTEVILLE, ARKANSAS • November 15, 2000 Howard Slinkard P.O. Box 33 Rogers, AR 72757 Re: Bridgeport Subdivision Dear Mr. Slinkard: Enclosed you will find three original agreements between APAC-Arkansas, Inc , McClinton - Anchor Division, Creekwood Hills Development, Inc , and the City of Fayetteville dated November 7, 2000 and three copies of the original resolution approving this agreement. Please have the agreements signed by the appropriate people and return one original to my office. Thank you for your time and assistance. Sincerely, Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 /e r STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW rr FOR: COUNCIL MEETING OF Nnft M hRr 1 j 4:2600 MAYOR'S APPROVAL FROM: Jerry E. Rose City Attorney Legal Name Division Department ACTION REQUIRED: ? o Qc ea ae r r b-621rt- pa Rte!' c4D ce a �rk:r oaf COST TO CITY: D Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Uscd to Datc Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY' ccounting Manager Cit It omey Purchasing Officer Date Interni Date ADA Date STAFF RECOMMENDATION: Division Head Date Department Director Date Administrative Scrviccs Director Date Mayor Date CR( New 11 Previous trainancencesolunon No • Original Contract Date: 0 • Page 2 STAFF REVIEW FORM Description: Meeting Date Comments: Reference Comments: Budget Coordinator: Accounting Manager: City Attorney: Purchasing Officer: ADA Coordinator: Internal Auditor: FAYETTEVeLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jerry E. Rose, City Attorney From: Heather Woodruff, City Clerk Date: November 13, 2000 Attached is a copy of Resolution 150-00 approving an agreement releasing McClinton -Anchor and Creekwood Hills from any and all liability related to the original work performed or the proposed repairs to streets to Phase I, Bridgeport Subdivision. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith m Q V Z Lima0 0 - FOR M OF E #C�6 1/4 / PHON DATE JU /O TM.56-43-14€4S 4 MESSAGE yLi /Mik,1 JD. FAX n TELEPHONED RETURNED YOUR CALL 1 IPLEASE CALL WILL CALL AGAIN n CAMEyTO SEE YOU GMlems' u WANTS TO SEE YOU SIGNS\ f 1154