R-82-476 - 8/26/1982WHEREAS, the City Council of the City of Round Rock, Texas,
has abandoned the alleyway located in Block 24 of the Original
Plat of Round Rock; and
WHEREAS, the owners of certain property adjacent thereto have
agreed to indemnify the City from any liability and damages as a
result of the abandonment of the alleyway; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute
on behalf of the City the aforementioned Indemnity Agreement, a copy
of such document being attached hereto and incorporated herein for
all purposes.
RESOLVED this rN day of ..c , 1982.
ATTEST:
4/41,, 4' I.
t Secretary
4
Resolution No. 47/
yo
City of Round Rock, Texas
INDEMNITY AGREEMENT
AGREEMENT made between, McKenzie - Halladay Development,
Inc., Steve O. Hallady, individually, C. A. McKenzie, II,
individually, and Equitable Savings Association, hereinafter
called "indemnitor" and the City of Round Rock, Williamson
County, Texas, hereinafter called " indemnitee."
In consideration l ' of the City of Round Rock agreeing to
abandon the alleyway located in Block 24 of the Original Plat
of Round Rock, IT IS HEREBY AGREED:
1. Liabilities, Losses, or Damages
Indemnitor undertakes to indemnify and save harmless
Indemnitee from any liability, damages, costs, or expenses
Indemnitee may suffer as a result of claims, demands, or
judgments against it arising out of the abandonment of the
alleyway.
2. Period Covered
This indemnity herein provided will extend from the date
hereof indefinitely.
3. Expenses, Attorney's Fees, and Costs
If Indemnitee, in the enforcement of any part of this
indemnity contract, shall incur necessary expenses, or become
obligated to pay attorney's fees or court costs, Indemnitor
agrees to reimburse Indemnitee for such expenses, attorneys'
fees, or costs within thirty (30) days after receiving
written notice from Indemnitee of the incurring of such
expenses, costs, or obligations.
4. Interest
Indemnitor agrees to pay Indemnitee interest at the rate
of eighteen (18 %) percent per annum on any necessary expenses
or costs incurred by Indemnitee in the enforcement of this
indemnity contract, or on any sums Indemnitor is obliged to
pay with respect to the matters to which indemnity is given
in the contract, from the date such expenses or costs are incurred,
or such sums are paid.
5. Notice of Claim Against Indemnitee
Indemnitee agrees to give Indemnitor ten (10) days' written
notice of any claim against Indemnitee on the obligation indemnified
against.
6. Right of Indemnitor to Contest Claim
Indemnitee agrees that it will not settle any dispute, confess
any liability, nor pay any claim for which Indemnitee will require
indemnication from Indemnitor unless and until Indemnitee has first
granted to Indemnitor an opportunity to contest said claim by all
available means including, but not limited to all judicial processes.
Indemnitor agrees to pay all costs and expenses incurred in contesting
said claim.
Dated this ,' day of
Indemnitee:
-2-
feetvWCT
1
HAL
C A. McKENZIE II
airm of he Board
E ADAY, Individual
A de
divi
Indemnitor: McKENZIE - iJ f4 DADA DEVELOPMENT, INC.
, Preside
By:
And Sy:
C. A. McKENZI II
EQUITABLE SAVINGS ASSOCIATION
ATTEST:
TEVE
, 1982.
AP
JO, NE LAND, Cit ecretary
lly
INDEMNITY AGREEMENT
AGREEMENT made between, McKenzie - Halladay Development,
Inc., Steve O. Hallady, individually, C. A. McKenzie, II,
individually, and Equitable Savings Association, hereinafter
called " indemnitor" and the City of Round Rock, Williamson
County, Texas, hereinafter called " indemnitee."
In consideration of the City of Round Rock agreeing to
abandon the alleyway located in Block 24 of the Original Plat
of Round Rock, IT IS HEREBY AGREED:
1. Liabilities, Losses, or Damages
Indemnitor undertakes to indemnify and save harmless
Indemnitee from any liability, damages, costs, or expenses
Indemnitee may suffer as a result of claims, demands, or
judgments against it arising out of the abandonment of the
alleyway.
2. Period Covered
This indemnity herein provided will extend from the date
hereof indefinitely.
3. Expenses, Attorney's Fees, and Costs
If Indemnitee, in the enforcement of any part of this
indemnity contract, shall incur necessary expenses, or become
obligated to pay attorney's fees or court costs, Indemnitor
agrees to reimburse Indemnitee for such expenses, attorneys'
fees, or costs within thirty (30) days after receiving
written notice from Indemnitee of the incurring of such
expenses, costs, or obligations.
4. Interest
Indemnitor agrees to pay Indemnitee interest at the rate
of eighteen (18 %) percent per annum on any necessary expenses
or costs incurred by Indemnitee in the enforcement of this
indemnity contract, or on any sums Indemnitor is obliged to
pay with respect to the matters to which indemnity is given
in the contract, from the date such expenses or costs are incurred,
or such sums are paid.
5. Notice of Claim Against Indemnitee
Indemnitee agrees to give Indemnitor ten (10) days' written
notice of any claim against Indemnitee on the obligation indemnified
against.
6. Right of Indemnitor to Contest Claim
Indemnitee agrees that it will not settle any dispute, confess
any liability, nor pay any claim for which Indemnitee will require
indemnication from Indemnitor unless and until Indemnitee has first
granted to Indemnitor an opportunity to contest said claim by all
available means including, but not limited to all judicial processes.
Indemnitor agrees to pay all costs and expenses incurred in contesting
said claim.
Dated this 42 day of .Vu6vrr , 1982.
Indemnitor: McKENZIE- DAY EVELO MENT, INC.
„ /
Ae
Indemnitee:
-2-
EVE H
DAY, resident
A. McKENZIE II
irman • the Board
. F. 6F3G7. _ _
LADAY, Individua ly
C. A. McKENZIE II, Indio.. ally
By :
And By:
EQUITABLE SAVINGS ASSOCIATION
ATTEST:
Jrj %NNE LAND, it Secretary