CC MEETING: February 3, 2026
DATE: January 22, 2026
TO: City Council
FROM: Meredith A. Ladd, City Attorney
Title
Consider Authorizing The City Manager To Negotiate And Execute A Settlement And Release Agreement With Mustang Park Homeowners Association, Inc. In An Amount Not To Exceed $1,164,000.00.
Body
BACKGROUND:
Mustang Park Homeowners Association, Inc. filed a lawsuit against JBGL Mustang, LLC due to the failure of a retaining wall located within Phase Nine of the Mustang Park subdivision. The defendants are no longer a party to the lawsuit, and the only remaining claims are those brought by the City of Carrollton, against Mustang Park Homeowners Association, Inc.
The City of Carrollton took the necessary steps to repair the wall from further risk posed to the public. The City of Carrollton intervened in the instant lawsuit to recoup the money from Mustang Park Homeowners Association, Inc. expended to repair the wall.
FINANCIAL IMPLICATIONS:
Mustang Park Homeowners Association, Inc. agrees to pay the City of Carrollton a total principal sum of $1,164,000.00. The terms of payment shall be 5 years, to be satisfied with 60 equal payments of $19,400.00. The first payment is due April 1, 2026. Final payment shall be due on April 1, 2031.
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommend authorizing the City Manager to negotiate and execute a Settlement Agreement, in substantially similar terms as the one presented, in an amount not to exceed $1,164,000.00.