HomeMy WebLinkAboutContract 57191 j CITY SECRETARY -7191
cEIVED
PE6 1 2022 FEB 2 5 2022
, CAUSE NO.09b-:i20992-20
C!"YOFFAVWCITVSCCR�RY1 CITY OF fog
CITY 6006 WORTH, § IN THE DISTRICT COURT
Plaintiff,
V5. § 96"JUDICIAL DISTRICT
JAMES BRAND §
Defendant. TARRANT COUNTY,TEAS
COMPROMISE SETTLEMENT AGREEMENT
I. RECITALS
WHEREAS on October 16,2020,the City of Fort Worth("City"),brought forth this ition
to enforce the Fair Housing Act of 1968, as amended by the Fair Housing Amendments ct 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 behalf of the aggrieved party,CIifton Shelton ("Shelf "or
"Aggrieved Party");
WHEREAS the City alleges that Defendant James Brand ("Defendant") engag d in
discriminatory housing practices 1811 S. Jennings Ave., Fort Worth, Texas 76110 (the
"Property"), by engaging in discriminatory terms, conditions, services, or privileges durin the
rental,when Defendant knowingly filed for eviction against Shelton knowing his protected. atus
as a male victim of family violence, in violation of the Fair Housing.Act and the City ordinance;
WHEREAS as a result of the allegations stated herein,the City tiled suit to vindicate the
public interest in the above-entitled and numbered cause, reference being maide to the pleadings
on file in said cause for a more full and complete description of Plaintiff's claims and cause of
action;
WHEREAS Defendant has agreed to compromise and settle all claims and causes of action
of any kind in the underlying action brought by the City, its agents, employees, workers and
representatives,and all others connected with or in privity with the City,arising out of or connected
in any way with the above described action;
WHEREAS Defendant agrees to sign, and allow to be filed, a Release of EvLion
Judgment releasing the eviction judgment entered against Clifton Shelton on July 10, 2019, in
h, 7I
Justice Court No. 5, 'Tarrant County, Texas, Cause Nr.rrriber.IPO5-19-1a(}U028592, occurring as a
result of the discriminatory conduct alleged by the City;
WHEREAS Defendant agrees to add language: provided by the City to all leases entered
alter January 1, 2022 that apprises tenants of their rights under Texas Property Code Section
92.016; and
WILL REAS even though the Defendant denies engaging in discriminatory conduct against
Clifton Shelton or knowingly committing any discriminatory housing practices of any ind
f on account of the alleged action made the subject o Plaintiff's suit, the Defendant has agreed to
the terins described above in compromise and settlement of the disputed claims and in order to
avoid further time consuming and costly litigation.
11. TERMS
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual
promises and agreements made herein, and other valuable consideration, the receipt and
sufficiency of which is acknowledged,the City, Defendant, and Aggrieved Party agree that:
1. Plaintiff City, for and in consideration of adding language to all leases entered niter
January 1, 2022 that apprises tenants of their rights under Texas Property Code Section
92.016 in full and final settlement of all claims against the Defendant, his agents,
employees, workers or representatives, arising out of underlying actions made this basis
of this Suit, and the receipt and sufficiency of such consideration being l4reby
acknowledged and confessed by the City, does release, acquit and forever discharg the
Defendant, and his agents, employees, workers and representatives, and all others
connected with or in privity with the Defendant, of and from any and all claims of every
kind, character or nature which the City might assert by reason of the above described
incident together with all claims heretofore asserted in Cause No. 096-3 1 976 1-20, 'n the
96`' District Court, Tarrant County,Texas.
2. Aggrieved Party Clifton Shelton, for and in consideration of executing and allo °ing
to be filed,a Release of Eviction Judgment in full and final settlement of all claims against
the Defendant,his agents,employees, workers or representatives, arising out oi�underlying
actions made the Basis of this suit, and the receipt and sufficiency of such consideration
being hereby acknowledged and confessed by Mr. Shelton,does release, iicquit and fo ever
discharge the Defendant, and his agents, employees, workers and representatives, and all
others connected with or in privity with the. Defendant, of and from any and all claims of
every kind, character or nature which he might assert by reason of the above described
incident together with all claims heretofore asserted in Cause No. 096-319761-20. in the
96"' District Court,Tarrant County,Texas,and hereby waives and releases his right to sue
Defendant with respect to the matters alleged and charged in this suit..
3. Defendant agrees to sign, and allow to be filed, a Release of Eviction Judgment
releasing the eviction judgment entered against Clifton Shelton on July 10, 2019, Justice
Court No. 5, Tarrant County,Texas,Cause Number JP05-19-E00028592. The Release of
Judgment shall be provided with this settlement agreement.
COMPROMISE:Sii'I-I'LE,ML-'N'I'AtiRFEMFN'I'AND RRI.F,ASE OF ALL
CLAIMS PAGE 2 of 7
4. The release of claims contained herein is given with full knowledge of all parties
to the referenced suit that there is a dispute on the part of the Defendant regarding whether
or not he is liable for any damages alleged in the above-entitled and numbered cause. It is
also understood and agreed that this settlement is in compromise of disputed claims and
that the actions made hereunder are not to be construed as admission of guilt on the part of
the Defendant,and intends by this settlement merely to buy their peace.
5. The City agrees to dismiss the cause of action in the above-entitled numbered
matter, with prejudice, and will prepare and file the appropriate Motion and Ord-r of
Dismissal, with prejudice, with respect to the causes of action in the above-entitley and
numbered case against the Defendant. And, in this connection, the City agre s to
expeditiously provide any information the Court may require,and/or to attend any heailgs
the Court may require, in connection with the dismissal of said lawsuit.
6. It is understood and agreed that all taxable court costs will be paid by the Marty
incurring same.
7. This Compromise Settlement Agreement may be executed in a number of identical
counterparts,each of which shall be deemed an original for all purposes.
8. The Plaintiff, Aggrieved Party,and Defendant represent and acknowledge that this
Compromise Settlement Agreement and Release of All Claims has been read in its entirety
before signing and that it has been fully explained, in detail, to them and that it is fully
understood.
9. By their signature hereto, the Plaintiff, Aggrieved Party, and Defendant, or their
duly authorized representatives,represent and declare that they are more than eighteen(I$)
years of age and are fully competent to enter into this Compromise Settlement Agreement
and Release of All Claims,that the representations,declarations and agreements herein 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 Compromise
Settlement Agreement and Release of All Claims.
EXECUTED in duplicate originals on the date hereinafter indicated.
By: 5Y2P-'M
James Brand, Defendant
Date:A=_ __LJ - - -a 2Zr
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGE]
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE;OF ALL
CLAIMS PAGE 3 of 7
ACKNOWLEDGMEFNT
STATE OF TEXAS §
COUNTY OF'P# �l r� C §
Before me, the undersigned authority, and Notary PLiblic in and for the State of Texas on
this day personally appeared Jaynes Brand,known to me to be the person whose name is subsc 'bed
to the foregoing instrument:,and acknowledged to me that they executed the same for the purpose
therein expressed,and in the capacity therein staters.
1 e)2Z7..
Given under my hand and seal of office this `_day of JQ FITr ,2021.
r-,
,-PIN p rF
Notary Public Signature
[ADDITIONAL..SIGNATURES APPEAR ON THIS FOLLOWING PAGE,]
E
Ctowine Jacobs
my Cemmiwon EHPim
'7 a No 1035472
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE.OF ALI.
CLAIMS PAGE 4 of 7
By:
iftd i Shelton, Aggrieved Party
Date: — /t/)
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, and Notary Public in and for the State of Texas on
this day personally appeared Clifton Shelton, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that they executed the same for
the purpose therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this /D day of -Dec&,bee— , 2021.
=:--4 1 T�E�,,
Notary Public Signature
1pRY PGB ANTHONY C. ELLIOTT
Notary PubHo-State of Texas
P Notary ID#130936424
'jfOFSF'} Commission UP.APRIL 30,2025 '..
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGE]
II
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
PAGE 5 of 7
APPROVED AS TO SUBSTANCE AND FORM:
/s/ Volney Brand 1/5/2021
Volney L. Brand Date
Counsel for Defendant
CITY OF FORT WORTH:
APPROVED:
Date: 2/7/2022
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
w Date: January 6, 2022
<3
Lynn M. Winter
Senior Assistant City Attorney
ATTEST: ♦�'':
Date: �—Z- 20-Z.Z
JQK4 Goodall City Secretary
OFFICIAL ECORD
CITY SEC ETARY
FT. WO
H, TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS PAGE 6 of 7
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
-1Aph? r . 6d-,
1 L& J Date: 02/22/2022
Angel S. Rush
Assistant Director of Diversity and Inclusion
Fort Worth Human Relations Commission
OFFICIAL.RECORD
CITY SECRETARY
FT. Y1/OR H,TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS PAGE 7 of