UNITED STATES OF AMERICA,

           Plaintiff,

     v.                                                                    No. 4:01CV1898 CEJ

ALBERT ZADOW, etc. and
VINITA TERRACE, MISSOURI,

           Defendants.

SETTLEMENT AGREEMENT

I. Parties

This Settlement Agreement ("Agreement") is entered into between the United States of America, acting through the United States Department of Justice ("the United States") and on behalf of Calvin Vinson, Fannie Simpson, Bonnie Kelly, and the Estate of Marion Kelly ("Complainants"), and Albert Zadow, Marshal of Village of Vinita Terrace, and the Village of Vinita Terrace ("Defendants"), through their authorized representatives.

II. PREAMBLE

As a preamble to this Agreement, the Parties agree to the following:

A. On October 12, 2001, the United States Department of Housing and Urban Development ("HUD") issued an administrative charge of discrimination of behalf of the Complainants, alleging that Defendants violated the Fair Housing Act by interfering with, intimidating and threatening Fannie Simpson and Calvin Vinson while they exercised their respective rights to show and view residential real estate listed for sale in contemplation of a purchase; this property was owned by Bonnie Kelly and listed for sale by sales associate, Marion Kelly. This charge was captioned The Secretary, United States Department of Housing and Urban Development, on behalf of Calvin Vinson, Fannie Simpson, Bonnie Kelly, and the Estate of Marion Kelly ⁽¹⁾ v. Albert Zadow (in his "official capacity" as Marshal of the Village of Vinita Terrace) and the Village of Vinita Terrace, Missouri, 07-99-0443-8 and 07-99-0444-8 (the"Charge"). On November 5, 2001, Complainants made a timely election to proceed to have this matter determined in federal court. Accordingly, the matter was referred by HUD to the Department of Justice to commence a civil action on behalf of the Complainants under the provisions of 42 U.S.C. § 3612(o).

B. The Defendants deny the allegations in this charge. However, the parties have now agreed to the following terms in order to resolve this matter without the necessity for further litigation. The parties agree that this agreement does not constitute, and is not to be construed as an admission of liability on the part of any of the Defendants named in HUD's Charge of Discrimination and in Federal lawsuit 4:01CV1898 CEJ.

C. Although the Defendants specifically deny any and all allegations of discrimination of any type, they recognize their continuing obligation under the Fair Housing Act, and they agree not to discriminate against any person during the exercise of their respective rights to show and view residential real estate listed for sale in contemplation of a purchase.

D. This Agreement constitutes the entire agreement among the parties on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by any party is enforceable under its provisions. This Agreement is limited to the allegations described herein and encompassed within HUDALJ Nos. 07-99-0443-8 and 07-99-0444-8 and Federal lawsuit 4:01CV1898 CEJ. It does not purport to remedy any other potential or unknown violations of the Act or any other Federal, States or local law.

E. The "date of this Agreement" shall be the date of the last signature listed below and the Agreement shall be effective as of such date.

III. TERMS AND CONDITIONS

NOW, THEREFORE, in consideration of the mutual promises, covenants, and obligations set forth below, and for good and valuable consideration as stated herein, the Parties agree as follows:

1. Defendant, the Board of Trustees of the Village of Vinita Terrace, will send apology letters to Complainants Fannie Simpson and Calvin Vinson within five working days of the effective date of this Agreement.

2. Defendant, the Board of Trustees of the Village of Vinita Terrace, will host and attend a two hour training session on July 16, 2003 about the Fair Housing Act and this session will be conducted by HUD. Additionally, they will send out notice of this program to all of the homeowners in the Village of Vinita Terrace. All homeowners are welcome to attend this session.

3. Defendants shall pay the following in damages:

1. The sum of $20,000 to Calvin Vinson;

2. The sum of $16,500 to Fannie Simpson;

3. The sum of $2,000 to Bonnie Kelly; and

4. The sum of $1,000 to the Estate of Marion Kelly.

4. It is also agreed, by and among the parties, that respective parties will each bear their own costs, fees, and expenses, with the exception of those stated in paragraph 3 above.

5. Payment of these settlement amounts to the Complainants and Aggrieved Persons will

be made payable by check as follows: Twenty Thousand Dollars ($20,000.00) to Calvin Vinson; Sixteen Thousand Five Hundred Dollars ($16,500.00) to Fannie Simpson; Two Thousand Dollars ($2,000.00) to Bonnie Kelly; One Thousand Dollars ($1,000.00) to Oather A. Kelly for the Estate of Marion Kelly, and the checks will be mailed to the United States Attorney's Office at the following address: Jane Rund, Assistant United States Attorney, 111 So. 10th Street, Suite 20.333, St. Louis, MO 63102. The checks will be mailed to the United States Attorney's Office within thirty days (30) of the effective date of this Agreement. The Assistant United States Attorney agrees to distribute the settlement proceeds to the Complainants and Aggrieved Persons.

6. It is further understood and agreed that in exchange for the payment of the settlement monies as referenced in paragraphs 3 and 5 above, the undersigned individual Complainants and Aggrieved Persons, do hereby release, acquit and forever discharge Village of Vinita Terrace, Missouri and Albert Zadow, as well as their employees, agents, officers, board members, Board of Trustees, past and present, and Missouri Public Entity Risk Management Fund (MOPERM), hereinafter ("Releasees") from any and all claims, damages, and causes of action of any kind whatsoever in any way arising out of the occurrences that took place in October, 1998, relating to the showing of viewing of real estate at 8020 Monroe, in Vinita Terrace, Missouri, which is more specifically set out in and is the subject of Case No. 4:01CV1898 CEJ, pending in U. S. District Court, Eastern District of Missouri, which shall be dismissed with prejudice as part of the settlement reached between the parties.

7. It is further agreed that as part of the Settlement Agreement, all administrative charges of discrimination previously pursued by the United States Department of Housing and Urban Development ("HUD") against Village of Vinita Terrace, Missouri and Albert Zadow, arising out of the aforesaid occurrences, will be dismissed and/or closed, with prejudice, and that no further damages, penalties or other relief will be pursued by or on behalf of HUD against Releasees, arising out of the aforesaid occurrences referenced in paragraph 6 above.

8. Plaintiffs' attorney agrees that she will execute and file with the Court such documents as shall be necessary to cause this lawsuit to be dismissed with prejudice from the docket of the Court.

9. The persons signing this Settlement Agreement warrant and represent that they possess full authority to bind the persons on whose behalf they are signing to the terms of the settlement.

10. The parties agree that this Settlement Agreement, including all the terms and conditions of it, and any additional agreements relating thereto, may be made public in their entirety, and the Defendants expressly consent to such release and disclosure pursuant to 5 U.S.C. §552a(b).

FOR THE UNITED STATES: RAYMOND W. GRUENDER United States Attorney __________________________ Jane Rund Assistant United States Attorney 111 So. 10th St., Suite 20.333 St. Louis, MO 63102 (314) 539-2200 (314) 539-2777 FAX Complainants:

FOR THE DEFENDANTS: ________________________ Kenneth M. Lander Attorney at Law 1015 Locust Street, Suite 500 St. Louis, MO 63101 (314) 621-5757 (314) 621-5799 FAX

__________________________ Calvin Vinson

__________________________ Marc S. Kramer Attorney at Law 1015 Locust Street, Suite 415 St. Louis, MO 63101 (314) 241-1242 (314) 241-0552

__________________________
Fannie Simpson

Aggrieved Persons:

__________________________
Bonnie Kelly

__________________________
Oather A. Kelly for
Estate of Marion Kelly

________________________

DATED:

1. Marion Kelly passed away on April 14, 2001.

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Document Executed: April 23, 2003