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Ashby Settlement

Ashby Settlement

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Published by nancy_sarnoff

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Published by: nancy_sarnoff on Mar 15, 2012
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05/28/2014

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SETTLEMENT AGREEMENT AND FULL AND FINAL RELEASE
^
This Settlement Agreement and Full and Final Release ("Agreement") is entered into byand between Plaintiffs, Maryland Manor Associates and Buckhead Investment Partners. Inc., andDefendant, City of Houston.
I. DEFINITIONS1. "Agreement"
means this Settlement Agreement and Full and Final Release.
2.
"City" means the City of Houston, Texas, a Texas home rule municipality, and itsagents, assigns, successors, predecessors, or other persons acting or purporting toact for or on its
behalf.
3.
"Claims"
means all of the following:
a.
All past, present, known, and unknown claims, demands, andcauses of action for all damages, attorneys' fees, injunctive
relief,
mandamus
relief,
costs, expenses, losses, and remedies that arisedirectly or indirectly out of or in connection with the City'shandling of the Project prior to the Effective Date of thisAgreement.
b.
Subsection (a), above, includes all such claims, demand, or causesof action for alleged violations of any state or federal civil rights(including 42 U.S.C. § 1983, substantive or procedural dueprocess, or equal protection), statutory vested rights, inversecondemnation, regulatory taking, trespass, unjust enrichment,injunctive
relief,
mandamus
relief,
constructive trust and/orresulting trust;
1
 
c.
Subsection (a), above, includes all such demands and causes ofaction of any nature, whether in contract or in tort, or arising underor by virtue of any constitution, statute, or regulation, for past,present, known, and unknown damages, personal injuries,economic loss, lost profit, property damage, and all other lossesand damages of any kind, including but not limited to thefollowing: all actual damages, all exemplary and punitive damages,all penalties of any kind, prejudgment and post-judgment interest,sanctions, attorneys' fees, costs, or expenses; and,
d.
Subsection (a), above, includes all such elements of damages,remedies, and all such claims, demands, and causes of action thatare now recognized by law or that may be created or recognized inthe future in any manner, including without limitation byconstitution, statute, regulation,
or
judicial decision.
4.
"Consideration" means
a.
Plaintiffs' agreement to conditionally dismiss, with prejudice, theClaims;
b.
City's agreement to approve the Revised Plan;
c.
the Parties' execution of this Agreement and the Notice ofSettlement and Joint Motion for Conditional Dismissal withPrejudice ("Notice"), and cooperation in obtaining the Court'sexecution of the Agreed Order for Conditional Dismissal withPrejudice attached to the Notice; and,
 
d,
the Parties' execution of
the
Covenants.
5. "Court"
means the United States District Court for the Southern District ofTexas, Houston Division.6.
"Effective
Date" means the last date on which the Agreement is executed by anyof the Parties.
7. "Lawsuit"
means Civil Action No. 4:10-CV-01736, presently pending before theHonorable Lee H. Rosenthal in the Court, styled Maryland Manor Associates et
al.
v. City of Houston.
8. "Owners"
means any person, partnership, trust, corporation, limited liabilitycompany or other legal entity that, now or in the future, owns a fee simple realproperty interest in the Project or the Property, including but not limited to itspresent fee simple owner, Maryland Manor Associates. Owners exclude anytenant, licensee, easement holder or lien holder.
9. "Parties"
means the Plaintiffs and City.
10.
"Plaintiffs"
means Maryland Manor Associates, a Texas general partnership, andBuckhead Investment Partners, Inc., a Texas corporation, and any agents, assigns,successors, predecessors, and other persons acting or purporting to act for or onbehalf of any Plaintiffs.
11.
"Project"
means the multistory, mixed-use development proposed by Plaintiffsfor the Property and described in the July 30, 2007, foundation and site workpermit application submitted by Plaintiffs to the City, and as revised thereafter,known at various stages and times within the City as Project No. 07042588.

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