HomeMy WebLinkAboutContract 55610'5:,,.C€ 'l.\\'l.\ , CAUSE NO. 096-319761-20
CITY SECRETARY 5.5 ,_ LO .. :: -RA CT NO. __ ~~;_ __
I
"~ FORT WORTH, \'..~
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IN THE DISTRICT CO RT
i, Plaintiff,
vs.
BJR INVESTMENTS LLC, ROBERTS
REALTY ADVISORS, INC.,AND
BILLY JAY ROBERTS
Defendants.
96th JUDICIAL DIST I CT
TARRANT COUNTY, TE S
COMPROMISE SETTLEMENT AGREEMENT
I. RECITALS
WHEREAS on September 14, 2020, the City of Fort Worth ("City"), brought fortp this
action to enforce the Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act
of 1988 (''Fair Housing Act" or "FHA"), 42 U.S.C. §§ 3601-3619; and Chapter 17 of the Code of
the City of Fort Worth ("City Code"), on beha1f of the aggrieved party, Adrian M. Ti1 iple tt
('Triplett" or "Aggrieved Party");
WHEREAS the City alleges that Defendants BJR Investments, LLC; Roberts ' ealty
Advisors, Inc.; and Billy Jay Roberts (collectively "Defendants") engaged in discrimiryttory
housing practices at the \Voods of East-chase Aparhnents, lo-c-at-e-d at 8551 E-derville Road, fort
Worth, Texas 76120 (the ''Property"), by failing to make a reasonable accommodation in their
rules, policies, practices, or services, and through retaliation against Adrian Triplett by interfering
with his enjoyment of a dwelling, through eviction, on account of his exercise of protected , · ts ,
in violation of the Fair Housing Act and the City ordinance;
WHEREAS as a result of the allegations stated herein, the City filed suit to vindica e the
public interest in the above-entitled and numbered cause, reference being made to the ple dings
on file in said cause for a more full and complete description of Plaintiff's clain1S and ca se of
action;
WHEREAS Defendants have sold fne Property, asserfmg fney are no longer in fne rentai
property business, and have offered to compromise and settle all claims and causes of action of
any kind in the underlying action brought by the City, its agents, employ~es ,_ _ orker and
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OFFiCOAl R CORO
CITY SECR TARY
FT. WORT , TX
representatives, and all others connected with or in privity w ith the City, arising out of or c o
in any way with the above descnbed action in consideration of a civil penalty payment
Defendants to Plaintiff City, in the sum of Ten Thousand Dollars ($10,000.00), in full an
settlement of all claims against the Defendants, their agents, employees, worke s or
representatives , arising out of the Defendants alleged discriminatory housing practices;
WHEREAS Defendants agree to pay the aggrieved party, Adrian Triplett, the s
Seven Thousand Dollars ($7,000.00) in full and fmal settlement for the recovery of da
claimed as a result Defendants actions;
of
WHEREAS Defendants agree to sign, and allow to be filed, a Release of E ction
Judgment releasing the eviction judgment entered against Adrian T riplett on December 27, 01 8 ,
in Justice Court No. 8, Tarrant County, Texas, Cause Number JP08-18-E00096110 ,
a result of the discriminatory conduct alleged by the City; and occurri g as
WHEREAS even though the Defendants deny engaging in discriminatory conduct a ainst
Adri m Triplett or knowingly committing any discriminator y housing practic es of any · · d on
account of the alleged action made the subject of Plaintiff's suit, the Defendants have agr ed to
the terms de scribed above in compromise and settlement of the disputed claims and in or , er to
avoid further time consuming and costly litigation.
H. TER.,\1:S
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual pro es
and agreements made herein, and other valuable consideration, the receipt and sufficiency of · hie h
is acknowledged, the City, Defendants, and Aggrieved Party agree that:
1. Plaintiff City, for and in consideration of a civil penalty payment by the Defe dants
in the sum of Ten Thousand Dollars ($10,000.00) in full and fmal settlement of all laims
against the Defendants, their agents , employees, workers or representatives , arising ut of
underlying actions made the basis of this suit, and the receipt and sufficiency o such
consideration being hereby acknowledged and confessed by the City, does release, cquit
and forever discharge the Defendants, and their agents, employees , workerJ and
representatives , and all others connected with or in privity with the Defendants, of and from
any and all claims of every kind, character or nature which the City might assert by r bason
of the above descnbed incident together with all claims heretofore asserted in Causf No.
096-319761-20, in the 96 th District Court, Tarrant County, Texas. I_
2. Aggrieved Party Adrian M. Triplett, for and in consideration of payment lzy the
Defendants in the sum of Seven Thousand Dollars ($7,000.00) in full and fmal settldment
of all claims against the Defendants, their agents, employees , workers or representatives ,
arising out of underlying actions made the basis of this suit, and the receipt and sufficl(ency
of such consideration being hereby acknowledged and confessed by Mr. Triplett, does
release , acquit and forever discharge the Defendants, and their agents, employees , w ,rk ers
and representatives, and all others connected with or in privity with the Defendants, df and
from any and all claims of every kind, character or nature which he might assert by r bason
CQMPR-OMJSE SETTLEMENT AGREEMENT AND RPT FASE -OF AIL
CIAIM S
of the above described incident together with all claims heretofore asserted in Ca e No.
096-319761-2_0, in the 96 th District C~urt, Tanant County, Texas, and hereby waiv .j8 a~d
releases his nght to sue Defendants with respect to the matters alleged and charged this
suit.
3. uerendants agree to sign, ana allow to be rnea, a Release of Eviction ent
releasing the eviction judgment entered against Adrian Triplett on December 27, 20 8, in
Justice Court No. 8, Tanant County, Texas, Cause Number JP08-18-E00096110. The
Release of Judgment shall be provided with this settlement agreement.
4. The r-dease of dain1s contained her-em is given with foll knowledge of all 1arties
to the referenced suit that there is a dispute on the part of the Defendants regarding wfether
or not they are liable for any damages alleged in the above-entitled and numbered f ause.
It is also understood and agreed that this settlement is in compromise of disputed ~-!aims
and that the payments and actions made hereunder are not to be construed as admissfn of
-gwJ:t on the part -of the Defendants, and intends by tbis settlement merely to buy their ·taoe.
5. The City agrees to dismiss the cause of action in the above-entitled num ered
matter, with prejudice, and will prepare and file the appropriate Motion and Or , er of
DismissaL with prejudice, with respect to the causes of action in the above-entitled and
numbered case against the Defendants. And. in this connection. the Citv agr~es to
expeditiously provide any information the Court may require, and/or to attend any heanngs
the Court may require, in connection with the dismissal of said lawsuit. I
6. It is understood and agreed that all taxable court costs will be paid by the party
mcUITmg same.
7. This Compromise Settlement Agreement may be executed in a number of ide tic al
counterparts, each of which shall be deemed an original for all purposes.
8. The Plaintiff, Aggrieved Party, and Defendants represent and acknowledge th t this
Compromise Settlement Agreement and Release of All Claims has been read in its e tirety
before signing and that it has been fu1iy expiained, in detail, to them and that it is fully
understood.
9. By their signature hereto, the Plaintiff, Aggrieved Party, and Defendants, o their
duly authorized representatives, represent and declare that they are more than eightee ( 18)
years of age and are fi.rll-j couipetent to enter rn.to this Cou:ipro:m:ise Setdement Agre ment
and Release of All Claims, that the representations, declarations and agreements her · are
accurate, binding, and are contractual in nature and that no representation or agreement not
herein expressed has been made to them as inducement to enter into this Compr , mis e
Settlement Agreement and Release of All Claims.
COMPROMISE SETTLEMENT AGREEMENT ANDREI.EASE OF AIL
CTAIMS PAGB3 of7
EXECUTED in duplicate originals on the date hereinafter indicated.
ACKNOWLEDGMENT
STATE OF TEXAS §
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COUNTY OF TARRANT §
Before me, a notary public, on this day personally appeared ~ll5 ~ tkfr known to
me to be the person whose name is subscribed to the foregoing document, w!fJ.o acknowledge to
me that he /she is the AUTHORIZED REPRESENTATNE FOR: BJR Investments, LLC;
Roberts Realty Advisors, Inc.; and the Estate of Billy Jay Roberts that he /she execut 1d the
same for the purposes and consideration there expressed.
Given under my hand and seal of office this 'Z ~ day of ~fvl d_,
[ADDITIONAL SIGNATIJRFS APPEAR ON IlIE FOLLOWINGP
COMPROMISE SETTLEMENT AGREEMENT ANDRElEASE OF AIL
CLA IMS
, 2021.
J_, _ _....,-~--,
OFFICDA
CITY SE RETARY
ACKNOWLEDGMENT
THE STATE OF TEXAS §
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COUNTY OF TARRANT §
Before me , the undersigned authority, and Notary Public in and for the State of Texa on
this day personally appeared Adrian M. Triplett, known to me to be the person whose na e is
subscribed to the foregoing instrument, and acknowledged to me that they executed the sam for
the purpose therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this ) lo~day of AMic,~ , 2021.
[ADDITIONAL SIGNATURFS APPEAR ON TIIE FOLLOWING PAr,-r.er---+--~---.
COMPROMIS E SETTLEMENT AGREEMENT ANDRELEASE OF ALL
CLAIMS
APPROVED AS TO SUBSTANCE AND FORM:
Daniel Paz
Counsel for Defendants
BJR Investments, LLC;
Roberts Realty Advisors, Inc.; and
The Estate of Billy Jay Roberts
CITY OF FORT WORTH:
APPROVED:
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM: '
~-:.'
Befi]amin J. Sampract
Senior Assistant City Attorney
ATTEST:
Date: +/((:; / zcr2,1
Date: 1/-/.5--:2 /
,/} ' ....------+--, .. ..,. .11r---r -
rLADDITIONAL Sf~NATURF.S APPEAR ON rtiE FOLLOWING PA ~· :~ ~ FF ICI f<E'\ 1h
COMPROMISE SETTLEMENT AGREEMENT ANDREI.EASE OF AIL
CIAIMS
CITY s CREt R~· I
C on trnc t Compliance Manager:
By sig ning I acknowledge that 1 am the person responsib le for th e monitoring and admin is lrati n
of th is contract including ensuring au performanc e and repo rtin g requirement s.
An g I S. Rush
Assistant Director of Diversity and Inclusion
Fo rt Worth Human Relations Commission
Date : ____.1 /_1_5 ,,,__/2,:;:;....,J __
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OFFICt, ll RECOit[ I
cnv s ECRETARY I
FT. W10RTH, TX i
--------------------======----1 COMPROMlSESCTTLEMENT AGREEMENT AND RELEASE Of All,
CLl\lM S