ST0301-ES090324COMPROMISE SETTLEMENT AGREEMENT
AND MUTUAL RELEASE OF CLAIMS
THIS COMPROMISE SETTLEMENT AGREEMENT and Release of Claims
( "Agreement ") is by and among Jalal Khorrami ( "Khorrami ") and the City of Coppell, Texas
( "City "), collectively referred to as the "Parties" to this Agreement.
RECITALS
1. Jalal Khorrami ( "Khorrami ") is the owner and occupant of real property situated
within the territorial limits of the City of Coppell, Dallas County, Texas. The City of Coppell,
Texas is a Home Rule municipality situated in Denton County, Texas, and organized under the
laws of the State of Texas.
2. The City and Jalal Khorrami have agreed to trade land as described as follows:
a) The City shall deed the property described in Exhibit "A" to Jalal
Khorrami; and
b) Jalal Khorrami shall deed the property described in the Exhibit "B" to the
City of Coppell, Texas.
3. The City .will also build eight (8) parking spaces on the West side of Jalal
Khorami's property and provide driveway access to them.
4. Releases Khorrami and City do hereby release, acquit and discharge the other
from and against any and all demands, claims, losses, damages, litigation, and causes of action
which either party may now or hereafter assert against the other party as such may relate to the
SETTLEMENT AGREEMENT AND RELEASE PAGE 1
36328
exchange of property or condemnation, attorney's fees, expenses and court costs incurred in
connection with any Litigation.
5. Any notice to be given or to be served upon a party hereto in connection with this
Agreement must be in writing and may be given by certified or registered mail and shall be
deemed to have been given and received when a certified or registered letter containing such
notice, properly addressed with postage prepaid, is deposited in the United States mail, and if
given otherwise than by certified or registered mail, it shall be deemed to have been given and
delivered to and received by the party (or such party's agent or representative) to whom it is
addressed. Such notice shall be given to the parties hereto at the address set forth below. Any
party hereto may, at any time by giving two (2) days written notice to the other parties,
designate any other address in substitution of the foregoing address to which such notice shall
be given.
If Notice to Jalal Khorrami:
Jalal Khorrami
If Notice to City of Coppell:
City Manager
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
With a copy to:
J. David Dodd, III
Nichols, Jackson, Dillard, Hager & Smith, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
SETTLEMENT AGREEMENT PAGE 2
36328
6. Effective Date The Effective Date of this Agreement shall be the last date of
execution by the Parties.
MISCELLANEOUS PROVISIONS
7. Each Party to this Agreement represents that he /she /it is acting freely and
voluntarily; and that it in no way is relying upon any promise, warranty, representation or
agreement of any kind whatsoever, made directly or indirectly, by any agent, employee, or
lawyer of the Parties being released or any person or firm in privity with the parties being
released; and each Party understands that this is a full, final and complete settlement of all claims
of any kind or character whatsoever associated with land exchange and condemnation.
8. The undersigned each warrant that no inducements have been made to any of
them on behalf of the Parties released hereby, and that in deciding to release their claims and to
execute this Agreement, each has relied solely and only upon their own judgment and the advice
given to them by their attorney, whom they have selected.
9. This Agreement shall be deemed to have been jointly prepared by all Parties
hereto, and no ambiguity of this Agreement shall be construed against any party based upon the
identity of the author of this Agreement or any portion thereof.
10. This Agreement shall be governed by, construed and interpreted, and the rights of
the Parties determined, in accordance with the laws of the State of Texas, and venue of any
dispute concerning this Agreement shall be in a court of competent jurisdiction sitting in Dallas
County, Texas.
IL The recitals, statements and representations contained herein are to be considered
contractual in nature and not merely recitations of fact.
SETTLEMENT AGREEMENT
36328 PAGE 3
12. In the event any one or more of the provisions of this Agreement shall, for any
reason, be held invalid, illegal or unenforceable in any respect, such invalidity shall not affect
any other provision herein.
13. This Agreement shall be binding on and inure to the benefit of each and every
Party to this Agreement, and their shareholders, partners, successors, officers, directors,
employees, assigns, heirs, executors, administrators, agents, lien holders, legal representatives,
and any of the companies, individuals or entities associated with them as owners, subsidiaries or
in any other related capacity with respect to any and all of the claims brought or which could
have been brought against any and all Parties herein released arising out of the events herein
described.
14. Each of the signatories to this Agreement represents and warrants that he /she is
authorized to execute this Agreement and bind his principals to the terms and provisions hereof.
Each Party warrants that any action required to be taken in order for this Agreement to be
binding on it has been duly and properly taken prior to the execution of this Agreement.
15. This Agreement may be executed in multiple counterparts, each of which taken
together shall constitute one and the same instrument.
Date:
Date:
By:
Jalal Khorrami
CITY OF COPPELL
City Manager
ATTEST:
City Secretary
SETTLEMENT AGREEMENT
36328 PAGE 4
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