Res 092-2024 Mediation Settlement Between CWF and WF Hospitality Inc 08/06/2024 Resolution No. 92-2024
Resolution approving a mediation settlement agreement between the
City of Wichita Falls and Wichita Falls Hospitality, Inc (Cause No.
DC30-CV2023-2212)
WHEREAS, in November 2023 and with authorization from the City Council the
City filed an eminent domain suit to acquire the property owned by Wichita Falls
Hospitality at 100 Central East Freeway in Wichita Falls; and,
WHEREAS, on July 1 , 2024, and at the request of Wichita Falls Hospitality, Inc, a
mediation session was conducted and a settlement reached, subject to City Council
approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The "Mediation Settlement Agreement" dated July 1, 2024 between the City of
Wichita Falls and Wichita Falls Hospitality, Inc, attached hereto is hereby approved by
the Wichita Falls City Council.
PASSED AND APPROVED this the 6th day of August, 2024.
MAYOR
ATTEST:
City Clerk
CAUSE NO.DC30-CV2A23-2212
CITY OF WICHITA FAI_I.S.TEXAS § IN THE DISTRICT COURT
V. § 30'JUDICIAL DISTRICT
WICHITA FALLS HOSPITAL!TN'. 11tiC § WICHITA COUNTY,TEXAS
MEDIA'f ION SETTLEMENT f AGREEMENT
The City of Wiorita Falls, Texas ("City") and Wichita Falls Hospitality, Inc,
("Landowner")having mediated the above cause on July 1,2024,have agreed to settle the case
as follows.
1. Landowner agrees to convey to the City fee simple title to any property, specifically
identified by a subsequent survey by the City, that generally follows the floodway on the
property that is the subject of this suit,as generally shown in the attached Exhibit A.The
City agrees to pay Landowner S4 per square foot for any land it acquires in this purchase
process.
2. The City will survey will the property its acquiring and will pay for any survey.
3. Landowner will grant the City an access easement, at a location to be totalized during or
after the surveying occurs, from the southernmost driveway off of the access road so that
the public may access the land the City acquires through the southern driveway.
4. The Landowner agrees to provide the City a temporary right to access the hotel building
and appurtenant buildings so that the City can,at its own cost and expenses,demolish the
buildings and remove from the property all of the demolished improvements 1 he City
agrees to indemnify and hold harmless,to the extent allowed by law, the Landowner from
any damages or liability that occur as a result of the demolition activities undertaken by
the City. The parties agree that the City will draft a more detailed agreement far the
demolition of the buildings and send a copy to the landowner within 30 days.
5. Landowner and City agree that they will file a joint a motion to dismiss without prejudice
regarding the underlying condemnation lawsuit.
6. This settlement is inclusive of all prejudgment interest, fees, and costs of any kind or
nature.
7. Each party shall pay its own court costs and attarncy's fees.
8. This agreement is contingent upon and subject to ratification by the City of Wichita Falls
City Council.
Agreed to and s. nod on July 1,2024.
Attot i,..y far the City of Wichita Falls,Texas
tratt Short, ay():.
City of Wichita Fills,Texas
Rajerrdra Patel
Attorney for Wichita Falls Hospitality,Inc.
Exhibit A
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