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WA9401-AG 940218ITEM CAPTION: EXECUTIVE SESSION (Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney. 1. J.E. Thompson vs. City of Coppell et al. 2. Arthur H. Kwast vs. City of Coppell, et al. LEGAL REVIEW BY: REVIEWED BY CM:/~ MEMORANDUM Date: To: From: Subject: February 18, 1994 Mayor and City Council Jim Witt, City Manager Johnny Thompson, et al Agreement Attached is the final proposed agreement between the City and Johnny Thompson and his partners. Within the agreement Mr. Thompson has made counterproposals which are included within the original agreement as attachments, and can be found behind pages 3 and 6. As of the time of this memo, our legal counsel has not had an opportunity to review Mr. Thompson's counterproposal, but that will have been accomplished by Tuesday morning. Please feel free to contact me on Tuesday if you have any questions regarding the agreement. We also are enclosing an estimate of the amount of funds we may recapture through assessments along Beltline Road related to the installation of the waterline. JW:kb Attachment COMPROMISE AND SETTLEMENT AGREEMENT This Agreement by and between the City of Coppell, Texas, (hereinafter referred to as "Coppell") and Johnny J.E. Thompson, et ux Connie Thompson, (collectively hereinafter referred to as "Thompson"), Steve Kimbrell (hereinafter referred to as "Kimbrell") and Adrian Moore (hereinafter referred to as "Moore") as their interests may appear: WHEREAS, bonafide disputes and controversies exist between the parties, both as to liability and the amount thereof, if any, by reason of such disputes and controversies, the parties hereto desire to compromise and settle all claims and causes of action of any kind whatsoever that the parties have or may have in the future arising out of the disputes described herein and intend that the full terms and conditions of the compromise and settlement be set forth in this compromise and settlement agreement. SEFTI FMFNT TFRM~; NOW, THEREFORE, in consideration of the mutual promises, warranties, representations, agreements, and releases contained heroin, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. That Coppail shall install a twelve inch (12") water line from the existing water main located on the eastern portion of Blooming Colors Survey Plat to a point parallel with Fairway Drive in Coppell, Texas as extended; and from that location Coppell shall install an 8" water line to the intersection of Fairway Drive with Ledbetter Road within the City of Coppell, Texas; and from that location Coppell shall then extended said water line to Compromise and Settlement/~reement, Page 1 AGGOSOF9 property line of the premises commonly known as 1850 East Beltline Road, Coppell, Texas. 2. Coppell shall dismiss its claims with prejudice in Cause Number 89-40174, styled Coppell Independent School District vs. Johnny J.E. Thompson, et ux concerning ad valorem taxes owed by Johnny E. Thompson, et ux. 3. Coppell shall dismiss its appeal Cause Number 05-93-(X]633-CV, styled City of Coppell, Texas vs. Johnny J.E. Thompson, et al, currently pending before the Court of Appeals, 5th Supreme Judicial District, Dallas, Texas; and shall dismiss or cause to be dismissed any pending municipal ordinance criminal cases pending in the Coppell Municipal Court or in the County Criminal Court of Appeals. 4. Coppell shall withdraw its protest in SOAH Docket Number 458-93-379 and TABC Docket #552951, styled The Renewal Application of Longbranch Country Club N- 128986 and PE-128988 vs. Dallas County, Texas (TABC Case No. 552951) before the State Office of Administrative Headng. 5. Johnny J.E. Thompson, et ux, shall dismiss with prejudice Cause Number 93- 09540, styled Johnny J.E. Thompson vs. City of Coppell, currently pending in the 160th Judicial District Court, Dallas County, Texas. 6. Johnny J.E. Thompson, et ux, shall dismiss with prejudice Cause Number 93- 4996, styled Johnny J.E. Thompson vs. City of Coppell, Mark Wolfe, Peyton Weaver, David Thomas, Jim Garrison, Tom Morton, Lanny Mayo, Alan Ratlift and Gary Sieb, in the 162nd District Court of Dallas County, Texas. Compromise and Settlement/~greement, Page 2 AG~F9 7. Coppell further agrees that, in the event Dallas Area Rapid Transit or its successor attempts to close access into the property commonly referred to as 1850 East Beltline Road, Coppell, Texas, it will use its municipal power in providing access into said property; it being the intent that Coppell will use its best efforts to proved such access into said property. 8. Coppell agrees to undertake reannexation proceedings, and Thompson agrees to not oppse such, with regard to Thompson's residence property located at 1780 East Beltline Road, Coppell, Texas, being more particularly described as Abstract 1493, Tract 3, Coppell, Dallas County, Texas. Coppell agrees that the reannexation or annexation of the property located at 1780 East Beltline Road as described above shall not be construed as an admission that the previous annexation of said property is invalid or that said property is not located within the corporate limits of the City of Coppell, Texas. 9. Within sixty (60) days after the completion of the installation of the water lines to the property line of 1850 East Beltline by Coppell as described above, Thompson, Kimbrel and Moore, at their cost, agree to erect and install a fire hydrant as established in Exhibit A, which is attached hereto and incorporated herein as if set forth in full. Compromise and Settlement Agreement, Page 3 AGG4)60F9 10. Coppell, Thompson, Kimbrell and Moore, and each of them, hereby each FULLY AND COMPLETELY MUTUALLY RELEASE AND FOREVER DISCHARGE each other, and their respective past and present partners, shareholders, employees, agents, contractors, heirs, assigns, executors, affiliates, entities, directors, trustees, and all those in privity with them, or who may claim by or through them, and any predecessors or successors in interest, whether named herein or not, their insurers, and their attorneys, from any and all claims debts, demands, actions, causes of action, lawsuits, sums of money, contracts, agreements, judgments and/or liabilities whatsoever, both at law and in equity, which any of them ever had, now have or may hereafter have against the others, or any of them, pertaining to, or arising directly or indirectly from or related in any way to any acts, omissions or duties of the others pdor to the date of this Compromise and Settlement Agreement, including (but not limited to) any acts, omissions or duties of the others in connection with the various lawsuits, as above set forth (hereinafter "the lawsuits"). The released claims include (but are not limited to): all claims which were asserted or which could have been asserted in the lawsuits, described in this agreement, and any claims that in any way relate to, arise out of, or are in any way connected with the allegations contained in those Lawsuits. 11. All claims asserted against any party or property subject to this agreement in any of the Lawsuits described herein which are to be dismissed with prejudice shall be dismissed with court costs borne by the parties incurring same. Concurrent with execution of this Agreement, the parties will direct their respective attorneys to file an Agreed Order Dismissing All Claims W'~h Prejudice in accordance with this agreement. Compromise end Settlement Agreement, Page 4 REPRESENTATIONS AND WARRANTIFS 12. Coppell, Thompson, Kimbrell and Moore, and each of them, mutually represent and warrant that they are the sole owners of the claims [and the properties the subject of this agreement] they purport to release herein, and that they have not transferred, assigned, subrogated, or otherwise encumbered those claims or any part thereof. 13. Coppell, Thompson, Kimbrell and Moore, and each of them, mutually represent and warrant that they have made a full and compete investigation of the circumstances surrounding this matter, aided by their legal counsel, and that they have full knowledge of all facts involved. 14. Coppell, Thompson, Kimbrell and Moore, and each of them, mutually represent and warrant that they understand this to be a full, final and complate settlement, and that it cannot be reopened at any time regardless of what might take place or later occur. 15. Coppell, Thompson, Kimbrall and Moore, and each of them, mutually represent and warrant that they have carefully read this Compromise and Settlement Agreement, that they know and understand its conttents completely, that they have consuited with their attorneys regarding it, and that they are executing this Compromise and Settlement Agreement of their own flee will, act and deed. 16. Coppell, Thompson, Kirnbrell and Moore, and each of them, mutually represent and warrant that each individual signing this Compromise and Settlement Agreement on their behalf has complete and full authority to act on behalf of the entity for 'IT T which the individual purports to act, and has the authority to bind each of the parties and all other persons or entities with any right, title or interest herein. GENERAL PROVISIONS 17. Coppell, Thompson, Kimbrell, Moore and Coppell and their respective agents herein acknowledge and agree that all parties have denied and continue to deny all allegations made by their adversaries in connection with the above-named Lawsuits, and that this settlement, the performance of the above-described duties, and any other actions taken by the parties in connection herewith, shall not be deemed to be or construed as an admission of liability by any party or an admission of the truthfulness of any of the allegations made by any party to the Lawsuits. Rather, the parties expressly acknowledge that each of the actions herein have been taken in order to avoid the expense and inconvenience of further litigation between and among them. 18. Coppell, Thompson, Kimbrell and Moore and Coppell each acknowledge and agree that each has entered into this Compromise and Settlement Agreement, in reliance upon each of the representations, warranties and agreements made herein by the Thompson, Kimbrell and Moore, and each of them, and Coppell. 19. If any provision of this Compromise and Settlement Agreement is prohibited by law, such prohibition shall not effect the validity of the remaining provisions of this Compromise and Settlement Agreement. 20. This Compromise and Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Texas in all respects, including matters of construction, validity, enforcement and interpretation. Venue of any litigation Cornpromi~e and Settlement Agreement, Page 6 arising from this Agreement shall be in Dallas, Texas. 21. This Compromise and Settlement Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, heirs, personal representatives, successors and assigns. 22. The parties to this Compromise and Settlement Agreement further agree that this agreement may be signed in counterparts and each executed copy shall be a counterpart original, with full force and effect and enforceable against the parties executing same. 23. The terms of this Compromise and Settlement Agreement are contractual and are not mere recitals. IN WITNESS WHEREOF, we have set our hands effective this __ day of ,1994. CITY OF COPPELL TEXAS Mayor, Tom Morton JOHNNY J. E. THOMPSON CONNIE THOMPSON STEVE KIMBRELL Compromise and S="ltlement Agreement, Psge 7 AGGO6OF9 ADRIAN MOORE ACKNOWLI=DGMENT THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Tom Morton, Mayor of the City of Coppell, Texas, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1994. My Commission Expires: Notary Public in and for the State of Texas ACKNOWI FI'}GMFNT THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Johnny J. =.. Thompson, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1994. Notary Public in and for the State of Texas Compromise and SetlJement Agreement, Page 8 AGG050R) My Commission Expires: ACKNOWLFDGMFNT THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Connie Thompson, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1994. Notary Public in and for the State of Texas My Commission Expires: ACKNOWI FDGMFNT THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Steve Kimbrell, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1994. Notary Public in and for the State of Texas My Commission Expires: Compromlee and Settlement AGreement, Page 9 AGG050F9 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Adrian Moore, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1994. Notary Public in and for the State of Texas My Commission Expires: CompromlN ~ Settlement Agreement, P~ge 10 I EXHIBIT A ~: 1~ 1 (IBM aBcl c_:Jeall