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Home My WebLink AboutContract 47562 0, - ' " cm ssc�r a COMACT No. .. LIAR-42016 - CITYpFtORt `� 0 ARYY C� o UNITED STATES DISTRICT COURT I 1 p1 _o NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION UNITED STATES OF AMERICA, ) Plaintiff, ) and ) EBBY'S PLACE,LLC,a Texas limited ) Liability company, and BEN PATTERSON,) Civil Action No.4:15-CV-00304-0 Plaintiffs-Intervenors, ) V. ) CITY OF FORT WORTH, TEXAS ) Defendant. ) i SETTLEMENT AGREEMENT 1. This Settlement Agreement ("Agreement") is entered into by and between the City of Fort Worth, Texas ("City"), a municipal corporation located in Tarrant County, Texas, and Ebby's Place,LLC,a Texas Limited Liability Company,and Ben Patterson,owner of Ebby's Place, LLC (hereinafter collectively referred to as "Ebby's Place"), a sober home for persons recovering from drug or alcohol addiction. The City and Ebby's Place are collectively referred to as the"Parties." 2. On April 22, 2015, the United States initiated this action (No. 4:15-CV-00304-0) against the City to enforce Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (the "Fair Housing Act"or"FHA"),42 U.S.C. §§ 3601-3619. and Titles II and V of the Americans with Disabilities Act, 42 U.S.C. §§ 12131, et seq., and its implementing regulations, 28 C.F.R. Part 35 (the"Americans with Disabilities Act"or"ADA"). 3. On January 22, 2016, Ebby's Place intervened into this matter and filed a Complaint alleging that the City's actions violated the FHA and the ADA. 4. The City, the United States, and Ebby's Place entered into a Consent Decree which was intended to effect a comprehensive settlement of the United States' and Ebby's Place's claims. The entry into the Decree by the City was not an admission of wrongdoing. However, to avoid costly and protracted litigation, the parties to the litigation jointly and voluntarily entered into and consented to the entry of the Decree to resolve the claims. S. In addition to the agreed terms of the Consent Decree, the Parties have further agreed to the following: (a) Parking Restrictions. Ebby's Place agrees that no more than six (6) resident vehicles may be parked at Ebby's Place, located at 6400 Granite Creek Drive, Fort Worth, Texas (the "Property"), at any time. When possible, resident vehicles will be parked on the premises and no more than one (1) car will be parked on the street in front of the house, and no more than two (2) cars will be parked on the side street. All vehicles must be parked in a manner consistent with the laws and ordinances governing parking at and around the Property. (b) Resident Manager. In accordance with the Parties' signed Consent Decree, at all times, Ebby's Place is permitted to house up to seven (7) total residents, which shall include one (1) house manager. Ebby's Place agrees to designate and provide the name of the house manager at all times. (c) Business Contact Information, Ebby's Place agrees to provide a contact within the business structure of Ebby's Place who will receive communications from citizens and the City. Contact information shall include a phone number and email address. If the contact person changes, Ebby's Place is responsible for promptly updating the City as to the identity and contact information of the current contact person. The City will provide a point of contact to receive informational updates from Ebby's Place. if the point of contact with the City changes, the City is responsible for promptly updating Ebby's Place as to the identity and contact information of the current City contact person. 6. This agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. 7. This agreement and the Consent Decree constitute the only agreements between the City and Ebby's Place for the settlement of this case and supersedes any prior understandings and written or oral agreements between them respecting the settlement of this case. 8. This agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the Parties created by this agreement are performable in Tarrant County, Texas. 9. If any of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability shall not affect any other provision of the agreement, and this agreement shall be construed as if the invalid, illegal, or unenforceable provision had not been included in the agreement. 10. No amendment, modification, or alteration of the terms of this agreement shall be binding unless it is in writing, dated subsequent to the date of this agreement, and duly executed by the City and Ebby's Place. 11. It is understood and agreed that this agreement may be executed in a number of identical counterparts,each of which shall be deemed an griginal for all purposes. Executed and effective on this�day of WL, 12016. 1 /;-1- �_ -__ Ben Patterson, Individually, and as Owner and Sole Member of Ebby's Place, LLC Plaintiffs-Intervenors 3 i t Kevin' Healey SMOLKER BARTL.ETT LOEB HINDS & SHEPPARD, P.A. 100 N. Tampa Street, Suite 2050 Tampa, Florida 33602 Phone: Fax: 8_13-22.8_1_64.2? -and- Steven G. Polin Law Office of Steven G. Polin 3034 Tennyson Street,NW Washington,DC 20015 Phone: ��,2-3 3'.-584^ Fax: )— Attorneys for Plaintiffs-Intervenors, Ben Patterson and Ebby's Place, LLC Michael K. Hurst John Franklin Guild GRUBER HURST ELROD JOHANSEN HAIL SHANK LLP 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202-2711 Phone: 211-555-6800 Fax: 2144,j5--6805 Local Counsel for Plaintiffs-Intervenors, Ben Patterson and Ebby's Place,LLC I j APPROVED AS TO FORM AND LEGALITY: CITY OF FORT WORTH istopher B. Mosley, Senior Assistant City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Phone: 81 ° Fax: Fernando Costa, Assistant City Manager City of Fort Worth ATTEST: Of F*Q �$ o .�$ Mary J. KaysLl er, City Secretary 0%0000 AS k 1 r ACKNOWLEDGMENTS 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 Ben Patterson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration, and in the capacity therein expressed. j-d GIV N UNDER MY HAND AND SEAL OF OFFICE this day of ( , 2016. v Not Public in and for DANA MARIE AUDETTE ' Notary Public The State of Texas !.�; J STATE OF TEXAS •'o;a+r My Comm.EKP.August 27,2010 My Commission Expires:Notary's Name Printed: 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, Assistant City Manager for the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated as its duly authorized officer of representative. t GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of I Mo"rs�, 2016. Notary Pu lie i d for The State of"Texas TRIKINYA L. JOHNSON Notary Public.State of Texas rir'y My Commission Expires April 17, 2018 My Commission Expires:Notary's Name Printed: l 17.., 201 7r-"4 44 L 70 U.S.v.City of Fort Worth—Ebby's Placc Settlement Agreement Page 5 of 8 Civil Action No.4:15-CV-00304-0