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HomeMy WebLinkAboutContract 41852 (2)GITY SECRETARY d g ET CONTRACT t4O. CAUSE NO. 48-242097-09 SPIRIT OF PRAYER COMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION, Plaintiff V. CITY OF FORT WORTH, Defendant IN THE DISTRICT COURT 48th JUDICIAL DISTRICT TARRANT COUNTY, TEXAS SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereinafter "Agreement") is made by plaintiff, Spirit of Prayer Community and Economic Development Corporation (hereinafter "Spirit of Prayer") and defendant, City of Fort Worth (hereinafter "City") by its authorized Assistant City Manager. A. Recitals 1. In this lawsuit, Spirit of Prayer sued the City for breach of contract, a violation of federal conflict -of -interest law, and promissory estoppel ("this litigation"). 2. The City filed an answer to the action and denied and continues to deny all the allegations made in this litigation. 3. To avoid the uncertainties, annoyance, and expense of further litigation, the parties have agreed, without any party making any admission to any other party, to settle the disputes and controversies that are the subject of this litigation. 1 ``jF.tL _� 't: .; :4C�:: f;-�iR 4. Kenneth W. Williams asserts t iat he, is:. aut form - • to act on behalf of plaintiff f 1 €.: aiy Settlement Agreement and Mutual Release Page 1 of 6 for purposes of this Settlement Agreement. B. Agreement, Releases & Covenants 5. The City, in consideration for the execution of this agreement, agrees to pay Spirit of Prayer $141,500.00 in full and final settlement of its claims in this lawsuit. 6. Spirit of Prayer, in consideration for the execution of this Agreement and the payment of the settlement amount and other consideration as stated in the Agreement, forever releases, acquits, and discharges the City, together with the City's officers, employees, legal representatives, subsidiary organizations, that might be liable, from all claims, demands, charges, and costs of court, including but not limited to attorney fees and causes of action of whatever nature, on any legal theory arising from the circumstances described in Spirit of Prayer's lawsuit against the City, and from all liability and damages of any kind, known or unknown, arising from the events that gave rise to this lawsuit, whether in contract or in tort. 7. Spirit of Prayer and Kenneth Williams agree that Spirit of Prayer or Kenneth W. Williams, or any organization, business, religious institution, and any other entity with whom Kenneth W. Williams is employed or associated will not seek federally -funded contracts through the City's Housing and Economic Development Department 8. The City, in consideration for this agreement, forever releases, acquits, and discharges Spirit of Prayer, together with Spirit of Prayer's officers, directors, employees, agents, legal representatives, subsidiary organizations, parent organization, successor corporations, insurers, and assigns, and all other persons, firms, or corporations who might be liable, from all claims, demands, charges, and costs of court, including but not limited to attorney fees and causes of action of whatever nature, on any legal theory arising from the Settlement Agreement and Mutual Release Page 2 of 6 circumstances described in Spirit of Prayer's last live pleading, and from all liability and damages of any kind, known or unknown, arising from the events that gave rise to this lawsuit, whether in contract or in tort. Spirit of Prayer accepts this consideration in full satisfaction of all damages or claims that are owed to it or that may be owed to it by the City. And Spirit of Prayer understands this is a compromise and settlement of all matters alleged by it in its lawsuit against the City as well as any other claim it may have against the City arising from the contracts that are the subject of this lawsuit. 9. Spirit of Prayer understands its acceptance of the consideration is in full accord and satisfaction of the claims made in this lawsuit, and the City's payment of consideration is not an admission of any liability. 10. In executing this release, Spirit of Prayer acknowledges that it is not relying on any statement or representation of the City or any of its agents regarding the matters in dispute. And Spirit of Prayer is relying on its own judgment and is represented by an attorney in this matter. Spirit of Prayer's attorney read and explained the contents of this release to Spirit of Prayer and explained the legal consequences of this release. Spirit of Prayer understands that this release shall operate as a full, complete, and final release and settlement of all claims in this lawsuit 11. Spirit of Prayer acknowledges that it read this release and that it is a complete, written statement of the terms and conditions of the settlement And Spirit of Prayer signs this Agreement of its own free will and accord. Settlement Agreement and Mutual Release Page 3 of 6 12. The parties agree that upon execution of this agreement, Spirit of Prayer will present to the Court a motion and order to dismiss this case with prejudice. The motion and order shall be in the form as attached in "Exhibit A." 13. Spirit of Prayer will be responsible for the court costs. 14. The City shall pay the settlement amount to Spirit of Prayer within twenty-one (21) days of the Agreement's execution. C. Other Provisions 15. This Agreement reflects the entire agreement between the parties. 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. 16. This Agreement shall be governed and construed by the laws of the State of Texas. • Executed: , 2011. OFFICIAL RECORD CITY UCRETARY litt WONTh, tX Spirit of Prayer Community & Economic Develo • ment Corporation Kenneth W. Williams, President and Individually Settlement Agreement and Mutual Release Page 4 of 6 APPROVED AS IKORM AND LEGALITY: 4UJVY By: ti Yolonda Sewell, Attorney for Spirit of Prayer Community & Economic Development Corporation City of Fort Worth, Texas By: ATTEST: By: Marty Hendrix, City Secretary City of Fort Worth APPROVED AS FORM AND LEGALITY: Bv:. / istopher B. Mosley Senior Assistant City Attorney Susa Alanis, Assistant City Manager ti ' , , coo © � tti L riazD d cjtact Author i zatio* 5 1 c' 4 1 l Pate OFFICIAL RECORD CITY SECRETARY FT, WORTH, 4X Settlement Agreement and Mutual Release Page 5 of 6 VERIFICATIONS 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 Kenneth W. Williams, 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 2011. {SEA 4 ANN HOGUE WHITE Notary Pub l , State of Texas My Commission Expires November ?2, 2014 STATE OF TEXAS COUNTY OF TARRANT ite Notary Public in for the State of Texas CIF OFFICIAL RECORD CIN SECRETARY la WORTH, TX BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared Susan Alanis, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of June, 2011. {SEAL} friSisaliciarricrafinfaacritgWiricsaileseritt LINDA M. !MALINGER MY COMMISSION EXPIRES February 2, 2014 ()lake in A Notary Public in and for the State of Texas Settlement Agreement and Mutual Release Page 6 of 6 CAUSE NO. 48-242097-09 SPIRIT OF PRAYER COMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION V. CITY OF FORT WORTH IN THE DISTRICT COURT 48TH JUDICIAL DISTRICT TARRANT COUNTY, TEXAS MOTION TO DISMISS WITH PREJUDICE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff, Spirit of Prayer Community and Economic Development Corporation, in the above styled and numbered cause, and files this its Motion to Dismiss with Prejudice, and would show the Court as follows: Plaintiff, Spirit of Prayer Community and Economic Development Corporation and Defendant, City of Fort Worth, have reached an agreement. As a part of the settlement, each party agrees to relinquish any claim it may have against the other because of issues presented by the lawsuit or the contracts that are the subject of this litigation. Therefore, Plaintiff wishes to dismiss this case with prejudice. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that this proceeding be dismissed with prejudice against Defendant, City of Fort Worth. MOTION TO DISMISS WITH PREJUDICE Exhibit A Page 1 of 2 Respectfully submitted, Yolonda Sewell 6731 Bridge Street, Suite #379 Fort Worth, Texas 76112 (806) 239-2130 (817) 531-9977/fax Attorney for Spirit of Prayer Community and Economic Development Corporation CERTIFICATE OF SERVICE This is to certify that on this the day of June, 2011, a true and correct copy of the foregoing instrument has been forwarded to the following: Christopher B. Mosley Sr. Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 Yolonda Sewell CITY OF FORT WORTH'S MOTION TO DISMISS WITH PREJUDICE Page 2 of 2 CAUSE NO. 48-242097-09 SPIRIT OF PRAYER COMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION V. CITY OF FORT WORTH IN THE DISTRICT COURT 48TH JUDICIAL DISTRICT TARRANT COUNTY, TEXAS ORDER GRANTING SPIRIT OF PRAYER COMMUNITY AND ECONOMIC DEVELOPMENT CORPORATION'S MOTION TO DISMISS WITH PREJUDICE In accordance with Spirit of Prayer Community and Economic Development Corporation's Motion to Dismiss With Prejudice, the Court has considered said motion and finds that it should, in all things, be GRANTED Therefore, the Court ORDERS, ADJUDGES, and DECREES that all claims and causes of action asserted by Spirit of Prayer Community and Economic Development Corporation against the City of Fort Worth in the above -captioned action, be and are hereby dismissed with prejudice. SIGNED: June , 2011. JUDGE PRESIDING ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE Solo