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Home My WebLink AboutContract 42936 (2)� _ � � �! . I 1 . � . � . . • - --- - -- - -- - NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION COMPROMISE AND SETTLEMENT AGREEMENT This Compromise and Settletnent Agreement is made between I Gotcha, Inc. RECITALS WHERFAS, Plaintiff filed suit as Plaintiff in the above numbered and entitled WHEREAS, Plaintiff and defendant desire to resolve, compromise and settle any , I GOTCHA, INC., DB/A BT CABARET, § MAIN STAGE CABARET, and § ILLUSIONS GENTLEMAN'S CLUB § § V. § § CITY OF FORT WORTH § d/b/a BT Cabaret, Main Stage Cabaret and Illusions Gentleman's Club (hereinafter referred to as Plaintif� and City of Fort Worth (hereinafter referred to as Defendant). cause alleging various claims and causes of action against the Defendant, for all of which Plaintiff sought recovery of damages and attorney's fees; and and all claims connected with the cause of action asserted by either par�ty in the above numbered and entitled cause. CIVIL ACTION NO. 4:11-CV-011-A ' Page 1 of 5 OFFI�fAL REC��'i� ,� - � � ; CiTY S�CRETiRR`�e FT. �1iQfei�, �'�( AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, including the Recital set forth herein above, the parties agree as follows: 1. Plaintiff will not pursue its appellate remedies in the present case and cease all further legal activity in this case. 2. Plaintiff will remove all female silhouettes from the exterior of BT Cabaret located at 8701 South Freeway, Fort Worth, Texas immediately. Plaintiff agrees to not place female silhouettes on the exterior of any of its businesses. 3. Plaintiff agrees to maintain Illusions Gentleman's Club, 7405 Cainp Bowie W., and BT Cabaret, 8'701 South Freeway, according to the City's ordinance that requires adult business exteriors to be achromatic colors. Plaintiff agrees to submit to Defendant for its approval samples of proposed achromatic paint colors prior to repainting the exterior trims of Illusions and BT Cabaret. Plaintiff agrees to repaint Illusions and BT's so that they conform to the City's achromatic ordinance within 120 days of the date this agreement is executed by all parties. 4. Parties agree that the color of triin on the exterior of Main Stage Cabaret, 5000 Mark IV Parkway, may remain the same. In the event Plaintiff wishes to change the color of such trim, the e�terior shall conform to the requirements of the City's achromatic ordinance. At such time, Plaintiff shall submit its choice of achromatic paint color to Page 2 of 5 Defendant for its approval prior to re-painting. 5. Defendant agrees to dismiss any and all citations for achromatic paint violations issued by Defendant to Plaintiff made the basis of this cause of action. 6. The parties hereto further agree that no further court action will be pursued in this matter, with prejudice to the rights of Plaintiff to re-file same or any part, and tax costs and attorney's fees against the party incurring same. However, the parties agree that in the event of any alleged future violation of the City's sexually oriented business ordinance, the City shall be able to seek enforcement of its ordinance through any available means and that nothing in this agreement shall be construed as a waiver to such enforcement. 7. It is understood and agreed that this Compromise and Settlement Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives; successors, and assigns. 8. It is understood and agreed that this Compromise and Settlement Agreement contains the entire agreement between the parties, supersedes any and all prior agreements, arrangements, or understanding between the parties related to the subject matter.' No oral understanding, statements, promises, or inducements contrary to the terms of this Compromise and Settlement Agreement exists. This Compromise and Settiement Agreement cannot be changed or terminated oraliy. 9. It is understood and agreed that this is a compromise of a doubtful and disputed claim, and that nothing contained herein shall be construed as an admission of Page 3 of 5 liability by or on behalf of Defendant, all such liability being expressly denied. 10. It is understood and agreed that this Compromise and Settlement Agreement shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas. 11. It is understood and agreed that this Compromise and Settlement Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. In Witness Whereof, the parties have executed this agreement on of �"-E%bYI�G� � , 2012 THE STATE OF TEXAS COUNTY OF TARRANT § § � I Gotc � By: ' �� Plaintiff a the �� da Y �' � %'' ��%:.�-� ��'�,`--, � ��6 This instrument was acknowledged before me on this the � day of s-� V l�Gt- �;�,;° 2012, by ��v �� P i.�Ef� Y1 �' �'i , who acknowledged to me that he has executed � the same for the purpose and consideration therein expressed. r� � Given under my hand and seal of office the�day of �" �1' ', 2012 . , F� i ,.�-�.f � �. '�.-- DArNEL.LE D. WERNER bl�/ COMMISSION EXPIRES Februaty 23, 2014 NOTARY PUBLIC, STATE OF TEXAS My commission expires �-��Z"� ZD r�1, .�� OF'FICIAL RECOR� ?"� �'� S��RETARY � , ��V�F�iN� 1'X Page 4 of 5 City of Foi-t Wot-th By: THE STATE OF TEXAS ,�Z�li1�� iL�] OiI lI_�.�.7:�� § § § FERNANDO COSTA ASSISTANT CITY MANAGER � This instrument was acknowledged before me on this the �� day of ��r�a ry , 2012, by Fec-r� n n cf'r Stn . , on behalf of the City of Fort Worth, who acknowledged to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office the 2012 . _ -_ [V4NIA qANIELS MY CUMMISSION EXPIRCS ,luly 10, 2013 Approved as to form: L. Gamboa Bar No. 07606000 ACUFF & GAMBOA, L.L.P. 2501 Parlcview Drive, Suite 405 Fort Worth, Texas 76102(817)885-8500 (817)885-8504 FAX ATTORNEY FOR THE PLAINTIFF %�Z_ � �rYtopher B. Mosley State Bar No. 00789505 1000 Throcicmorton Street Fort Worth, Texas 76102 (817) 392-7600 (817) 392-8359 FAX ATTORNEY FOR THE DEFENDANT �� day of �e�b�(,,�Q-P'� /1' ' . ��;Y�� i�OTARY PUBLIC, STATE OF TEXAS My commission expires �%'/� ` / 3 � �ed by _ � � �a � , ' 1 � �a � , � �i � ; ,;�' ��.-- � �.` J. r, City Secrntary i �_ o °�°pp"�14�� Q44��Y 4�� 0 � �� ` ' 1 : ; �� ; 9FFI�IAL REGORD �"�:�iTY S��RETARY F'�. W�3Fi7'H, �'"P Page 5 of 5 Defendant