HomeMy WebLinkAboutRes 2008-01-01 Authorizing Filing Civil Lawsuit-MoosaCITY OF ANNA
RESOLUTION NO. 2008-01-01
A RESOLUTION AUTHORIZING THE FILING AND PROSECUTION OF A CIVIL
LAWSUIT AGAINST FAIZAL MOOSA AND AFSHAN MOOSA FOR CLAIMS
ARISING FROM OR GROWING OUT OF A MAY 4, 2007 COMPROMISE AND
SETTLEMENT AGREEMENT AND ASSOCIATED PROMISSORY NOTE
WHEREAS, the City of Anna, Texas ("the City") was the Plaintiff in a suit against Faizal
Moose and Afshan Moose ("the Debtors"), Cause No. 401-787-06, filed and prosecuted
in the 401" Judicial District, Collin County District Court; and
WHEREAS, on or about May 4, 2007 the above -referenced suit was resolved when the
City and the Debtors reached an agreement wherein Debtors agreed to execute a
Promissory Note to pay certain sums to the City over a period of time; and
WHEREAS, the Debtors are legally bound to the terms of the Promissory Note but have
failed to satisfy their obligations under the note and have defaulted thereunder, and
WHEREAS, the City Council of the City of Anna desires to take all reasonable and
necessary legal action, including but not limited to filing of a new civil lawsuit against the
Debtors to enforce the Debtors obligations under the Promissory Note and pursue
remedies to which the City is entitled;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
The City of Anna City Council hereby authorizes its City Attorney, Clark McCoy, of the
law firm Wolfe, Tidwell & McCoy, LLP to take all reasonable and necessary legal action
against the Debtors to pursue any and all actionable claims arising from or growing out
of the Debtors' breaches of and defaults under the above -referenced Promissory Note
and Compromise and Settlement Agreement, including but not limited to the filing of a
civil lawsuit to assert and pursue all remedies to which the City may be entitled.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 8th
day of January, 2008.
K Pelham N a Wilkison ,
ayor City Secretary AYy°'',,
\—/+jam`—(\'7' ..
Res. No. 200801-01 Page 1 of 1 °q_ t 01-08-08
Promissory Note
$50,000.00
City of Anna
Collin County
State of Texas
On the � day of 2007 came FAIZAL MOOSA AND AFSHAN
MOOSA ("Promissors") and for for v�ved agreed jointly and severally to pay FIFTY
THOUSAND DOLLARS AND NO/100-S ($50,000.00) to the CITY OF ANNA, TEXAS
('City") on the 181 day of each month beginning June 1, 2007 in installments over an 18 -
month period as set forth in the schedule below. Said installment payments are to be
made payable to THE CITY OF ANNA In the form of cashier's or certified checks at the
following address:
ATTN: CITY MANAGER
P.O. Box 776
Anna, Texas 75409
Collin County, Texas
$50,000.00, with 0% percent interest, payable In installments under the following
terms:
Initial Installment In the meant of $1,000,00 dua on or before Juan 1, 2007.
Each additional installment shag be made on or before the following dates in the following
amounts:
July 1, 2007
$1,000.00
August 1, 2007
$1,000.00
September 1, 2007
$1,000.00
October 1, 2007
$1,000.00
November 1, 2007
$11000.00
December 1, 2007
$1,600.00
January 1, 2000
$1,600.00
February 1, 2006
$1,600.00
March 1, 2008
$1,600.00
April 1, 2006
$11600.00
May
June11, 2008
$1,600.00
Jury 1, 2008
$1,600.00
August 1, 2008
$1,600.00
September 1, 2008
$1,600.00
October 1, 2008
$1,800.00
November 1, 2008
$1,600.00
December 1, 2008
$28,000.00
Default is defined as a failure of the Promissors or either one of them to pay the
above -delineated amounts on or before the agreed dates delineated above. If default is
made in the payment when due of any part or installment when due, then, at the sole
Page 1 of 2
option of the City and without notice, the whole sum of principal and the lesser of 6%
interest or the highest interest rate allowable by law on the remaining principal owing shall
become immediately due and payable.
This note shall be governed by and construed in accordance with the laws of the
State of Texas.
SIGNATURES OF PROMISSORS:
6 t' Date of Signature: S "f
FaMl Moose
BEFORE ME, the undersigned aumomy, on this day personally appeared FAIZAL MOOSA, known to me to
be the parson whose name is subscribed b the foregoing Instrument, and admowtedgeal to rro that: "MY nacre is
FAIZAL MOOSA. 1 haw read the foregoing instrument, and I fury understand its contents. I represent it b be a feel
that the statements mniairmd therein are true and owed, and that i hew signed the seems freely and wlumadiy, and
axe" the awe for the purposes and consideration therein exp
ress
ed
and none other."
SUBSCRIBED AND SWORN to before me this "- day of
MY
19,
Signature:e7—
BEFORE ME, the undersigned authority, on this day personally appeared AFSHAN MOOSA, known to me
to be the person whose name Is subscribed to the foregoing instrument, and eckrww7edged to me that: "My name Is
AFSHAN MOOSA. I haft read the foregoing matmmem, and i fully understand its contents. I represent it to be a
fact that the swans as oomalrred therein are true ant oared, and that i have signed the acme freely and Voluntarily,
and execute are same for the purposes and coneidaradon therein VA
and Hare other."
/
SUBSCRIBED AND SWORN to before me this � day of
200T
Notary et// •xa�sya�'��l
of
A4'�Cona NMrI9rM \
Marts r9, !Ct t
Page 2 of 2
CAUSE NO. 401-787-06
CITY OF ANNA
VS.
IN THE DISTRICT COURT
401ST JUDICIAL DISTRICT
FAIZAL MOOSA, individually; and §
AFSHAN MOOSA, individually § COLLIN COUNTY, TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
The City of Anna, Texas claims damages for incidents alleged in the Lawsuit.
Defendants deny any liability. The Parties desire to settle all matters to avoid the
inconvenience and expense of litigation and to buy peace.
1. "Agreement" mans this Compromise Settlement Agreement and Release
of Claims.
2. "Court" means the 401° Judicial District Court of Collin County, Texas.
3. "Lawsuit" means the action bearing the style and cause number shown
above and the contents of the Parties' live pleading(s).
4. "Parties' mean the persons and entities entering into this Agreement.
5. "City" marcs the City of Anna, Texas and Its respective past, present and
future principals, employees, Wependent oontractors, agents, attorneys, legal
representatives, predecessors, successors, assigns, insurers, and all persons, firms,
and corporations in privily with any of them.
8. "Defendants" mean Fatral Moose and Afshan Moose and their past,
present and future principals, employees, independent contractors, agents, attorneys,
legal representatives, predecessors, successors, assigns, insurers, and all persons,
firm, and corporations in privity with any of them.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
PAGE 1
Settlement Payment and Promises of Future Performance.
7. Defendants agree to pay the City the sum of $50,000 ("Settlement
Payment") in 13 monthly Installment payments, said installment payments being more
particularly described in the form of Promissory Note attached hereto as "Exhibit 1 "
Said Promissory Note is incorporated as if fully set forth herein. Defendants agree to
execute and be bound by the temur of said Promissory Note and this Agreement shall
not take effect unless and until Defendants fully execute and deliver said Promissory
Note to the city.
Dismissal with Prejudice.
S. Promptly, but in no event longer than 10 days, after the City receives both
a fully executed original of this Agreement and Promissory Note and reoeipt of the first
Installment payment from Defendants, the Parties will file and ask the Court to enter an
Agreed Dismissal with Prejudice, which will dismiss all maims and causes of action
pending in the Lawsuit.
Other Payments Costs and Expenses.
9. All consideration and promises of future performance are described in this
Agreement and the attached Exhibit 1 and the Panties are not obligated to give any
additional consideration nor make any additional payments and the Parties must bear their own
court costs, attorney fees and other expenses incurred in the Lawsuit or otherwise.
Release.
10. For the consideration stated in this Agreement, the City releases
Defendants from: (1) all past and present claims, counterclaims, proceedings, demands,
lawsuits, actions and causes of action --whether arising in contract, tort, equity or any
other theory of law and whether known or unknown—relating in any way to any incident
or event occurring at any time before all Parties have fully executed this Agreement;
and (2) all past and present attorney fees, damages, costs and expenses of arty nature
incurred or suffered at any time before all Parties have fully executed this Agreement.
11. For the consideration stated in this Agreement, Defendants release
the City from: (1) all past and present claims, counterclaims, proceedings, demands,
lawsuits, actions and causes of action—whether arising in contract, tort, equity or any
other theory of law and whether known or unknown— relating in any way to any incident
or event occurring at any fime before all Parties have fully executed this Agreement;
and (2) all past and present attorney fees, damages, costs and expenses of any nature
Incurred or suffered at any time before all Parties have fully executed this Agreement.
12. The releases in this Agreement are made on behalf of the Parties and
their respective past, present and future affiliates, agents, principals, servants, legal
representatives, employees, predecessors, successors, attorneys, assigns, heirs,
Insurers, and all persons, firms, and corporations in privity with any of Diem, even if
those persons or entities are not specifically named in this Agreement.
13, The Parties specifically reserve their right to later pursue claims, if any, for
breach of this Agreement, the Promissory Note, or fraudulent Inducement as to this
Agreement.
Warranties.
14. Every Party warrants to every other Party that they have full authority to
execute this Agreement and that they have not assigned or transferred any rights or
remedies that they are releasing in this Agreement.
15. Other than the written representations made in this Agreement, there are
no other representations related to this Agreement and the Parties do not rely on any
other representations in executing this Agreement.
No Other Representations
16. Other than the written representations made in this Agreement and any
exhibit hereto, time are no other representations related to this Agreement, and the
Parties are not retying on any other representations in executing this Agreement.
Choice of Lew and Forum.
17. In the case that any dispute should arise regarding this Agreement or any
of its provisions, the Parties agree that its terms and provisions are to be construed
solely in accordance with the laws of the State of Texas, and that any lawsuit based on
this Agreement, or any provision of this Agreement, may only be flied and litigated in a
court of competent jurisdiction in Collin County, Texas.
Advice of Counsel.
18, The Parties have had the assistance and advice of independent legal
counsel throughout the negotiations leading to this Agreement and they have read this
Agreement and consulted with their respective counsel regarding the meaning and
effect of this Agreement. The Agreement has been jointly drafted and is not to be more
strictly construed against one Party than another.
Modifications.
1 g. The Agreement cannot be changed or terminated except by a subsequent
agreement in writing that is personalty signori by all the Parties.
Invalid provisions.
20. If any part of this Agreement is for any reason found to be invalid, illegal,
or unenforceable, all other parts nevertheless remain valid, legal, and enforceable.
Headings.
21. The headings to the provisions of thfs Agreement are solely for
convenience of reference and are not to be construed as terms of this Agreement.
Entire Agreement and Successors In Interest
22. This Agreement contains the final and entire agreement between the
Parties with regard to the matters set forth herein and shall be binding upon and inure to
the benefit of the shareholders, executors, administrators, personal representatives,
heirs, successors and assigns of each.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
PAGE
SIGNATURES OF PARTIES:
_ KA � -- D
_ Date of Signature: 3
Faizat oosa
BEFORE ME, the undersigned authority, of thft day pereonaity appeared FAIZAL MOOSA,
known to me to be the perm whose name is subscribed to the mooing instrument, and acimowledged
to me that: "My name Is FAIZAL MOOSA I have read the foregoing instrument and i fully understand its
contents. I represent it to be a fact that the statements contained therein are true and correct, and that i
have signed the same freely and voluntarily, and execute the same for to purposes and consideration
therein expressed and none other."
SUBSCRIBED AND SWORN to before me tts 7'; day of
v tbUM l
MY Comae.,
Moms
Ale n a--
�4
Date of Signature:
BEFORE ME, the undersigned authority, on MIs day personalty appeared AFSHAN MOOSA,
known to me to be fns person whose name is subscribed to the foregoing Instrument, and acknowledged
to me that: "My name Is AFSHAN MOOSA. I have read the foregoing instrument, and 1 fulty undersand
Its contents. I represent It to be a fact that to statements contained therein are true and correct, and that
I have signed the sans, fray and vokmarty, and execute the sane for the Purposes and consideration
therein expressed and none other." ,/
f SUBSCRIBED AND SWORN to before roe this`7� � day of
�I 2007.
Macs
THE CITY OF ANNA, TEXAS
�y
4nneth Pelham~Mayor
Attest tJL�
Na a tlkiton, City Secretary
Data of Signature:
Date of Signature: 4*7-
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
PAGE