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Home My WebLink AboutContract 44481 (2)�_ � • k ' � �f CAUSE NO.: 2012-003443-3 KEITH A. HIDWILL, Plaintiff § § § § § § § § IN THE COUNTY COURT v. CITY OF FORT WORTH, Defendant. AT LAW NO. 3 TARRANT COUNTY, TEXAS SETTLFMENT AGREEMENT AND MUTUAL RELEASE This Settleinent Agreeinent and Mutual Release (hereinafter "Agreeinent") is made by Keith A. Kidwill (hereinafter "Kidwill") and City of Fort Worth (hereinafter "City") by its authorized Assistant City Manager. A. Recitals 1. In 2010, the City advertised to sell two properties identified as 406 Central Avenue and 1402 Lee Avenue (referred to herein as the "Properties" ). 2. Kidwill subinitted bids for the Properties; the City notified Kidwill on February 15, 20ll that he was the successful bidder. 3. Pursuant to the bid documents, Kidwill submitted payment for the Properties and ad valorem taxes that had accuinulated on the Properties. 4. On June 14, 2011, the City Council revoked its previous authorization to sell the Properties to Kidwill because the Properties were needed for a project. 5. The City sent a checic to Kidwill for the amount that Kidwill paid for the Properties, $49,243.00. ��. SETTLEM�NT AGREEMENT AND MUTUAL RELEAS� KILIIV%II Y. Cl�� of Fo�7 Wa�th (Cause No. 2012-003443-3) Page 1 of 1 6. Kidwiil acknowledges that he received the City's check for the ainount that he paid for the Properties, however, Kidwill did not deposit the check, and the check can no longer be negotiated because of its age. 7. Kidwiil also paid the City ad valorem taxes for the Properties, but Kidwiil acicnowledges that the City did not deposit those checks and returned them to Kidwill. 8. Kidwill has filed a Lawsuit (herein so called) against the City styled Keith A. Kiclwill v. The City of Fort Wo��th under Cause No. 2012-003443-3, now pending in County Coui�t at Law No. 3, Fort Worth, Tarrant County, Texas; the Lawsuit alleges breach of contract against the City for its refusal to deliver deeds to the Properties. 9. 10 The City denies any liability or wrongdoing. To avoid the uncertainties, annoyance, and expense of further litigation, Kidwill and the City have agreed, without any party making any admission to any other party, to settle the disputes and controversies related to the bid and attempted purchase of the properties and the allegations brought by Kidwill in his petition. B. A�reement, Releases & Covenants 1 l. The City, in consideration for the execution of this Agreement, agrees to pay Kidwill $45,000.00 in addition to reimbursing Kidwill the amount he paid for the properties, $49,243.00, in full and final settlement of all of Kidwill's claims against the City related to the bid for the Properties and the allegations brought by Kidwill in the Lawsuit. SETTLEMENT AGREEMENT AND MUTUAL RELEAS� Kidr>>ill v. City of Fort i�Vorth (Cause No. 2012-003443-3) r�" Page 2 of 2 12. Kidwill in consideration of this Agreement, agrees to disiniss the Lawsuit with prejudice and further agrees to relinquish any interest in the Properties. 13. Kidwili, in consideration for the execution of this Agreeinent, the payment of the settlement amount, the payment of the amount paid by Kidwill for the Properties and other consideration as stated in the Agreement, forever releases, acquits, and discharges the City, together with the City's officers, employees, legal representatives and subsidiary organizations that rnight be liable, from all clauns, deinands, charges, and costs of court, including but not liinited to attorneys' fees and causes of action of whatever nature, on any legal theory arising from the circumstances surrounding the bid for the Properties and the allegations brought by Kidwill in the Lawsuit, and froin ali liability and dainages of any lcind, lcnown or unlcnown, arising from the events surrounding the bid for the Properties and the allegations brought by Kidwill in the Lawsuit, whether in contract or in tort. 14. Kidwill accepts this consideration in full satisfaction of all damages or claims that are owed to him or that may be owed to him by the City arising from the bid for the Properties and the allegations Inade by Kidwill in the Lawsuit. 15. Kidwill understands his acceptance of the consideration is in full accord and satisfaction of the claiins made against the City with regard to the bid for the Properties and the allegations made by Kidwill in the Lawsuit, and the City's payment of consideration is not an admission of any liability. SETTLEMENT AGREEMENT AND MUTUAL REL�ASE Kid�nill v. City of For�t Worth (Cause No. 2012-003443-3) /� =•, Page 3 of 3 r 16. In executing this Agreement and release, Kidwill acicnowledges that he is not relying on any statement or representation of the City or any of its agents regarding the inatters in dispute. Kidwill further acicnowledges that he is relying on his own judginent in this inatter. Kidwill has read the contents of this Agreeinent and release and understands the legal consequences of this Agreeinent and release. Kidwill understands that this Agreeinent and release shall operate as a full, complete, and final release and settlenlent of all claiins Kidwill has inade against the City with regard to the bid for the Properties and the allegations made by Kidwill in the Lawsuit. Kidwill further understands that this settleinent agreeinent does not provide for attorneys' fees. 17. Kidwill acknowledges that this Agreeinent is a coinplete, written statement of the terms and conditions of the settlement. Agreement of his own free will and accord. C. Other Provisions And Kidwill signs this 18. This Agreeinent reflects the entire agreeinent between the City and Kidwill. There are no other agreements, either written or oral, and the execution of this Agreement supersedes all earlier representations, negotiations, or agreements about this matter. 19 of Texas. This Agreeinent shall be governed and construed by the laws of the State Executed: ,��c.E�171.C�� L � �' , 2012. /�-- SETTLEMENT AGREEMENT AND MUTUAL RELEASE Krdrnill >>. Cih� of Fa�t Worth (Cause No. 2012-003443-3) Page 4 of 4 By: Kidwill City of Fort Worth, Texas By: Assistant City Manager SETTLEMENT AGREEMENT AND MUTUAL RELEASE h'idtivill >>. City of Fort Yi�orth (Cause No. 2012-003443-3) ��. Page 5 of 5 Fernando Costa, ATTEST: By: , Mary J. Ka� City of Fort APPROVED AS FORM AND LEGALITY: By: SETTLEMENT AGREEMENT AND MUTUAL RELEASE /�'i�hi�il! v. Cit}� of Fort Worth (Cause No. 2012-003443-3) �. , , , l� � l�� Page 6 of 6 U� O D iy / r � �nristopner ts. iviosiey Senior Assistant City Attorney VERIFICATIONS STATE OF TEXAS CO UNTY OF TARRANT � � � BEFORE ME, the undersigned authority, Notary Public in and for the State of TeYas, on this day personally appeared Keith A. Kidwill, lcnown to ine to be the person whose naine is subscribed to the foregoing instrument, and acicnowledged to me that he executed the saine for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN i.JNDER MY HAND AND SEAL OF OFFICE this � day of December, 2012. { SEAL } �.--6— J�;µ M: ;��A qll��la e o T�xas � � � No4�►Y titiy �ommission Expfres �,� ��'' April 26, 201__ 4__ _ — __..__�.�... SETTLEMENT AGREEMENT AND MUTUAL RELEASE j�C K7L�lV%II V. Cll)� of Fa�t GVo�•th (Cause No. 2012-003443-3) Page 7 of 7 STATE OF TEXAS COUNTY OF TARRANT � � � BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to ine to be the person whose naine is subscribed to the foregoing instrument, and acknowledged to me that she executed the saine for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN i_JNDER MY HAND AND SEAL OF OFFICE December, 2012. { SEAL } � �� .. i � � this�� day of �� i� .�., , ., . otary Public in and for the State of Texas EV(INIA �ANIELS MY rpMMISSION EXPIRES Jufy 10, 2013 SETTLEMENT AGREEMENT AND MUTUAL RELEAS� � Kidwill v. Cit}� of Fort l�f�a�th (Cause No. 2012-003443-3) Page 8 of 8 � 1 T T' 1 � [I. �j � '�, )...�=_-• -� � � � �*. � ` ;'f,. � � �, �t�- �F��D --� Z012 INTER-DEPARTMENT MEMORANDUM DE� ��,i�R�';�; C\� �F �01R��PR`I ��y �E� . TO: Mary J. Kayser City Secretary FROM: DATE: Sr. Assistant City Attorney Chris Mosley ��. December 6, 2012 SUBJECT: Keith A. Kidwill v. City of Fort Worth Cause No.: 2012-003443-3 Attached please find the Settlement Agreement and Mutual Release for your signature. Mr. Kidwill sued the City earlier this year alleging breach of contract. Mr. Kidwill alleges that the City entered into a contract to purchase tax-foreclosed properties and thus breached by not delivery the properties. As you will recall, the properties were needed for the Lee Townhome project. Please let me know if you have any questions. I�ort 11'orlh ts�s! a-Mr+incb ,III�� i��M • I Y'1; •:l1 I I OFFICE OF THE CITY ATTORNEY The City of Fort Worth * 1000 Throckmorton Street � Fort Worth, Texas 76102 817-392-7600 * Fax 817-392-8359 E. GLENN GIDEL TELEPHONE:(817)332-1717 Mr. Christopher B. Mosley Senior Asst. City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Dear Chris: ATTORNEY AT LAW RIVER PLAZA TOWER 1701 R1VER R[1t�1 RO�, SUITE 1 O15 FORT WORTH, TE�s 76107-6556 E-MAIL: gidlaw@ggidel.com F�c: (817) 332-1740 December 3, 2012 Cause No. 2012-003443-3 Keith A. Kidwill vs. The City of Fort Worth With this letter I am delivering to you the Settlement Agreement and Mutual Release in the above captioned lawsuit which has been signed by Mr. Kidwill in front of a notary public. This document is being delivered to you to hold in trust until it has been signed on behalf of the City and a check in the amount of $94,243 made payable to Keith A. Kidwill has been placed back in the mail to me. Please include a completely signed and notarized copy of the document in your mailing. Once I have the check, I will prepare an Order of Dismissal with Prejudice and submit it to you for approval, and upon such approval, to the Court. cc: Mr. Keith A. Kidwill pL�(�l��Ui� DEC -4 2012 �,. l� �