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HomeMy WebLinkAboutContract 52426 CITY SECRETARY��� CONTRACT NO. CAUSE NO. 342-306333-19 FRED'S BLUELIGHT INVESTMENTS, § IN THE DISTRICT COURT LLC D/B/A CORSETS CABARET § PLAINTIFF, § § V. § 342M1O JUDICIAL DISTRICT § CITY OF FORT WORTH,TEXAS § DEFENDANT. § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHERE-AS, Fred's Bluelight Investments, LLC d/b/a Corsets Cabaret ("Corsets"), Plaintiff in the above-entitled and numbered cause, alleges that it is entitled to submit a renewal application for its expired specialized certificate of occupancy ("SCO") as a sexually oriented business ("SOB") at 8128 Camp Bowie West; and WHEREAS, Plaintiff fitrther alleges that Defendant, City of Fort Worth's ("City"), refusal to accept its application amounts to a denial of its application; and, WHEREAS, Corsets alleges that the City's refusal to accept the renewal application injured Corsets and Corsets filed suit against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said cause for a more Full and complete description of Plaintiff's claims and cause of action; and, WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which it may have against the City, its agents, employees, workers, representatives, and officers, and all others connected with or in privity with the City, arising out of or connected in any way with the above described incident in consideration COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS u �Arkj* v(ECURD CITY SECRETARY ET, W17, T4 7IC of the City allowing Plaintiff to operate as a non-SOB bar with scantily-clad female entertainers and/or employees (i.e., a "bikini bar''),which it would not be able to do given the current zoning, in full and final settlement of all claims arising out of the alleged injuries of Corsets, and Plaintiff acknowledges that it is the intention of this agreement to compromise and settle all claims against the City under any other theory, whatsoever; and. WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs suit. City has agreed to the terms described above in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. THEREFORE, IN CONSIDERATION OF THE MUTUAL, PROMISES HEREIN AND THE SETTLEMENT OF THE ABOVE NUMBERED AND ENTITLED LAWSUIT, THE PARTIES AGREE AS FOLLOWS: 1. Corsets will immediately dismiss the above numbered and entitled lawsuit, with prejudice, with each side paying its own court costs and attorney's fees. 2. Plaintiff forever abandons any effort to obtain a SCO to operate a sexually oriented business at 8128 Camp Bowie West and affirms that it has lost the SCO it once had. 3. After the execution of the agreement and within 5 business days of proper application, the City will issue a Certificate of Occupancy to Plaintiff for a legal non-confonning use for the operation of a bar at 8128 Camp Bowie West which non-conforming use will remain in effect as long as any bar at that address is operated in compliance with the laws of the State ofTexas and the ordinances of the City of Fort Worth. This agreement is subject to the City's ordinance with respect COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 to discontinuance of a nonconforming use. 4. After the execution of the agreement. Plaintiff requests the withdrawal of its application for a SCO and dance hall. 5. Plaintiff releases the City, its agents, employees, workers, representatives and all of its officers, and all others connected with or in privity with the City from any claim relating to the City's refusal to renew Plaintiffs SCO or to accept Plaintiff's proffered application for renewal of its SCO or its appeal to the City's Board of Adjustment or any other matter related to Corsets allegation in this litigation, whether known or unknown. 6. This Compromise Settlement Agreement and Release of All Claims is entered into in settlement of doubtful and disputed claims and does not constitute an admission by either party. 4. V ce-- 7. The person who signs this document on behalf of Plaintiff is thd'Presi t of Fred's Bluelight Investments, LLC and is, in all things, qualified to execute this document and to bind Fred's Bluelight Investments, LLC by the terms thereof. 8. In entering into this agreement the City of Fort Worth is performing the governmental function of zoning and planning. 9. 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. 10. The representative of Plaintiff. Fred's Bluelight Investments, LLC d/b/a Corsets Cabaret represents and acknowledges that this Compromise Settlement Agreement COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 And Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail, to him/her by his/her attorney and that it is fully understood. 11. By its representative's signature hereto, Fred's Bluelight Investments. LLC d/b/a Corsets Cabaret represents and declares that the representations, declarations and agreements herein including matters in the recitals are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to it as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. 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 signatures. 9 Represe ive for Fred's uelight investments, LLC d/b/a Corsets Cabaret, Plaintiff Date: STATE OF TEXAS § J)A-Lr)S COUNTY OF-T-A-R4- --.AiNA- BEFORE ME, the undersigned authority, on this day personally appeared r l n de-f- , known to me to be the person whose name is COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITY SECRETARY -__ —__-- —_ _ _ ___- FT. WORTH,TX subscribed to the foregoing instrument, and acknowledged to me that he/she holds the office of of Fred's Bluelight Investments, LLC and is, in all things qualified to enter into this agreement on behalf of Fred's Bluelight Investments, LLC and that he/she executed this Compromise Settlement Agreement and Release of All Claims as his/her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J tv,� day of 2019. tNNI. Ee ++ Notary ? Iic in and for the State of Texas ANDREA NELSON NotaryID S 3465967 My Commission Expires November 16.2020 i OFFICIAL RECORO i CITY SECRETARY � FT. WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 y APPRov {� Date: T. Craig S ' s Stephanie . Wooley Boger Albright SHEILS WINNUBST 1100 Atrium I1 1701 N. Collins Blvd. Richardson, Texas 75080 craig(c sheilswinnubst.con,i stephanieAg, heilswinnubst corn roger(bsheilswinnubst.com APPROVED: • v(r '� Date: �114 — Assista O • Manager CITY Y OF FORT WOR 1 H OVED: Date: / Cl istopher B. Mosley Senior Assistant City Attorney .ATTEST:fill ��'��'��;; z 'Date: Mary J er, Ci y Secretary _ OFFICIAL RECORD CITY SECRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FT WOW,TX