DETROIT (AP) — Mayor Kwame Kilpatrick approved a secret agreement to keep confidential intimate and sometimes sexually explicit text messages with his chief of staff in an $8.4 million whistle-blower settlement, according to court documents.

The personal records of former Chief of Staff Christine Beatty, the text messages left by the mayor on her city-issued pager and psychiatric and family records of two former officers were part of the agreement made public Friday by a judge.

The Detroit Free Press and The Detroit News, relying on their lawyers' notes, first reported Thursday night on the confidential agreement.

The city is appealing the release of other documents from the whistle-blowers' trial, including the deposition of the lawyer representing two former officers who alleged they were fired or forced to resign for investigating claims that Kilpatrick used his security unit to cover up extramarital affairs.

As part of the confidential agreement, documents obtained by Michael Stefani, lawyer for former Deputy Chief Gary Brown and former officer Harold Nelthrope, concerning the purchase and financing of Beatty's home and refinancing of a home she once shared with her ex-husband, would be surrendered to Kilpatrick's lawyers.

All original records and copies of the text messages Stefani received from the city's communications provider, Skytel, also were to be turned over.

The text messages were left between 2002-2003 and show Kilpatrick and Beatty had an intimate physical relationship, something they both denied under oath during the whistle-blower's lawsuit. A prosecutor is investigating whether they committed perjury.

They also denied firing Brown over an investigation he launched that included allegations of sexual trysts involving Kilpatrick and Beatty.

The city, in turn, agreed to turn over Nelthrope's psychiatric records and Brighton Hospital records containing references to his family, as well as documents involving an investigation into relatives of Brown.

The agreement also specifies that either side would be liable for cash damages if the documents or information from them were not kept private.

The other two documents made public Friday by Wayne County Circuit Court Judge Robert Colombo Jr. included Kilpatrick's signed approval of a $400,000 settlement with a third former officer who was suing the city and the designation of an attorney to receive Beatty's personal records from Stefani.

City lawyers filed an appeal late Thursday with the Michigan Court of Appeals to stop Colombo's order releasing other documents from the whistle-blower's trial and Stefani's Jan. 30 deposition by lawyers representing the Free Press and Detroit News.

The newspapers sued the city to determine whether there was a secret settlement.

It was not known when the Appeals Court would rule on the matter.

Late Thursday, Sharon McPhail, the mayor's legal adviser, denied there was a secret deal.

"In fact, no secret deals exist or have ever existed," she said.

She maintained that the confidentiality agreement was required for documents and information obtained their mediation of the lawsuits.

"This privacy is necessary so that all parties can communicate openly toward an agreement," McPhail said in a statement. "The possibility that personal documents — whether financial records, health records or other information — might become public would have a chilling effect on any mediation."

Kilpatrick had promised in September to appeal the jury's verdict in favor of Brown and Nelthrope. The city made the multimillion-dollar payout to all three former officers a month later.

That payout was negotiated after a motion Stefani intended to file with the court was shown to Samuel McCargo, Kilpatrick's attorney in the whistle-blower lawsuit, Colombo said.

After McCargo read the motion, an agreement was negotiated, Colombo said.

Kilpatrick and Beatty had denied having a physical relationship in 2002-03 during sworn testimony in the whistle-blower lawsuit.

They also denied firing Brown over an investigation he launched that included allegations of sexual trysts involving Kilpatrick and Beatty.

The Free Press obtained 14,000 text messages from Beatty's city-issued pager and published some of them last month.

A prosecutor is investigating whether Kilpatrick and Beatty committed perjury while testifying in the whistle-blower suit. The City Council launched a separate investigation.

Beatty announced her resignation Jan. 28. Two days later, Kilpatrick made a televised speech apologizing to family and constituents but avoiding direct mention of the allegations. His wife Carlita sat by his side.

During the opening of Detroit's annual Winter Blast festival Friday morning, Kilpatrick, deflecting publicity surrounding the text-messaging scandal, touted recent improvements downtown.

"We're continuing to develop, continuing to build and move forward," he said during a short news conference. "It's real important that if we get some information out, that we get all information out about the wonderful things happening here in Detroit."

Kilpatrick shrugged off media questions on the released documents as he left, telling reporters to listen to an afternoon interview he was expected to give on a local radio station.

"I will sit there for an hour and talk about all the issues concerned," he said. "And then there will be questions I can answer, and you will get feedback from that.

"I need to talk to the public, not to you."