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R-88-1192 - 11/10/1988FF8RAW162 RESOLUTION NO. Il / J RQ WHEREAS, the City Council desires to encourage development in the subdivision known as Chisholm Park, Section Two, within the incorporated limits of the City of Round Rock; and WHEREAS, Fidelity Savings and Loan Association ( "Fidelity ") has threatened litigation against the City of Round Rock ( "City ") arising out of the alleged omission of the City in requiring the developers of Lot 1, Block A, of Chisholm Park, Section Two, to post a bond or Letter of Credit at the time the plat was filed on the above referenced property for the building of Chisholm Parkway and related utilities; and WHEREAS, the parties understand and agree that the claims asserted are in dispute and have settled such disputes by compromise to avoid litigation expense, attorneys' fees and to buy peace; and WHEREAS, Fidelity has agreed to execute a Release of its claims arising out of the alleged omission in consideration of the Round Rock City Council's adoption of this Resolution and the execution of the letter dated November 10, 1988 by the Mayor of Round Rock on behalf of the City addressed to Mr. Wayne W. Beshears, Chief Executive Officer of Fidelity; and WHEREAS, the City wishes to assure the owners of Lot 1, Block A, of said subdivision that they or their successors in interest, heirs and assigns are not required by the Subdivision Ordinances of the City of Round Rock to pay for the costs of the development and construction of Chisholm Parkway; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND POCK, TFYAS! That the Mayor is hereby authorized to execute, on behalf of the City, the letter dated November 10, 1988 to Fidelity Savings and Loan Association outlining said assurance, a copy of said letter is attached hereto and incorporated herein for all purposes. Page 1 _ FF8RAW162 ATTEST: RESOLVED this /(f day of November, 1988. NE LAND, City Secre ary MIKE ROBINSON, Mayor City of Round Rock, Texas Page 2 • FF8RAW163 RELEASE STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: * COUNTY OF WILLIAMSON THAT THIS RELEASE, made this (Z' day of November, 1988, by Fidelity Savings and Loan Association ( "Fidelity ") to the City of Round Rock ( "City "), is as follows: WHEREAS, Fidelity has threatened litigation against the City arising out of the alleged omission of the City in requiring the developers of Lot 1, Block A, of Chisholm Park, Section Two, to post a bond or Letter of Credit at the time the plat was filed by the City with the County Clerk of Williamson County, Texas, for recordation to insure the construction of Chisholm Parkway and the related improvements, including, but not limited to, storm sewer, drainage systems, utilities, the raising of manholes, valve boxes and completing of water and sewer services in the right of way; and WHEREAS, the parties understand and agree that the claims asserted are in dispute and have settled such disputes by compromise to avoid litigation expense, attorneys' fees and to buy peace; and WHEREAS, the City agrees to execute a letter to Fidelity, a copy of which is attached hereto as Exhibit "A," which letter Fidelity agrees to accept as full and complete settlement. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants herein contained, and for other good and reasonable consideration, the receipt of which is Page 1 r FF8RAW163 acknowledged, Fidelity Savings and Loan Association, its successors, assigns, employees and legal representatives releases and forever discharges the City and its successors, assigns, employees and legal representatives of and from any and all claims, demands, damages, actions, causes of action or suits in equity, of whatsoever kind or nature, whether heretofore or hereafter occurring or whether now known or not known to the parties, for or because of any matter or thing done, omitted or suffered to be done by the City prior to and including the date hereof arising out of the alleged omission of the City in requiring the developer of Lot 1, Block A, of Chisholm Park, Section Two, to post a bond or Letter of Credit at the time the plat was filed by the City with the County Clerk of Williamson County, Texas, for recordation to insure the construction of Chisholm Parkway and the related improvements, including, but not limited to, storm sewer, drainage systems, utilities, the raising of manholes, valve boxes and completing of water and sewer services in the right of way. The undersigned acknowledges that he has read and under- stands the effect of the above and foregoing Release and has been duly authorized to execute same of behalf of Fidelity for the purposes and considerations set forth. EXECUTED this 17th day of November, 1988. FIDELITY SAVINGS AND LOAN ASSOCIATION Page 2 By: W Wayne W. Beshears Chief Executive Officer 2' FF8RAW163 THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on thel7th day of November, 1988, by Wayne W. Beshears, Chief Executive Officer of Fidelity Savings and Loan Association, a savings and loan association, on behalf of said association. SHAWNA BUTLER Notary Public, State of Texas My Commission Expires DEC. 12, 1992 o�eeve.e4 Page 3 NOTARY PUBLIC, State of Texas Shawna Butler Typed or Printed Name Commission Expires: 12 - 12 - 92 Dear Mr. Beshears: THE CITY OF ROUND ROCK 221 East Mart Street Round Rock, Texas 78664 512- 255 -3612 November 10, 1988 Mr. Wayne W. Beshears Cheif Executive Officer Fidelity Savings and Loan Association P.O. Box 4157 Port Arthur, TX 77641 Re: Chisholm Park Section Two Pursuant to the authority of the Round Rock City Council, by Resolution, duly adopted on November 10, 1988, I have been authorized to execute this letter for your benefit. The City of Round Rock agrees with Fidelity Savings and Loan Association that Fidelity Savings and Loan Association and all of its successors in interest, heirs and assigns and owners of Lot 1, Block A, Chisholm Park, Section Two, are not required by the Subdivision Ordinances of the City of Round Rock in any manner whatsoever to pay for the costs of development and construction of Chisholm Parkway or any part thereof and its associated costs, including, but not limited to, its related storm sewer, drainage systems and utilities and the associated costs in raising the manholes, valve boxes and completing of water and sewer services in the right -of -way. In addition, it is agreed that the City has no legal basis and shall not withhold building permits or certificates of occupancy merely because the street, storm sewer and drainage systems and other related utility improvements, water and wastewater Mayor services located within the street right -of -way have Mike Robinson not yet been completed. It is further agreed by the Mayor Pro-tem Y p 4 Y Ronnie Jean City that at the present time any development or Council Member, construction of Chisholm Parkway or any part thereof John Hood and its associated costs, including, but not limited Glenn T. King Pete Correa Charles Culpepper Trudy L. Lee G1LBESHEARS City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets Mr. Wayne W. Beshears November 10, 1988 Page 2 to, its related storm sewer, drainage systems and utilities and the associated costs in raising the manholes, valve boxes and completing of water and sewer services in the right -of -way, would be of no special benefit to Lot 1, Block A of Chisholm Park, Section Two, since said property has ready access to the frontage road abutting Interstate Highway 35. The City finds and agrees that at the present time any construction and development of Chisholm Parkway or any part thereof and its associated costs, including, but not limited to, its related storm sewer, drainage systems and utilities and the associated costs in raising the manholes, valve boxes and completing of water and sewer services in the right -of -way, would not enhance the value by means of such improvement to Lot 1, Block A of Chisholm Park, section Two, and that imposing any special assessment upon this property would result in an injustice or inequality to the landowners. Regardless of anything contained herein this letter is not intended, and should not be construed as authorizing any ultra vires act. It is agreed and understood that these representations are being made to Fidelity Savings and Loan Association in exchange for Fidelity Savings and Loan Association foregoing any rights it might have to bring suit against the City of Round Rock for the alleged omission of the City of Round Rock in requiring the developers of Lot 1, Block A of Chisholm Park, Section Two, to post a bond and /or Letter of Credit at the time the plat was filed on the above - referenced property for the building of Chisholm Parkway and related utilities. It is understood and agreed that Fidelity Savings and Loan Association will rely upon these representations in the marketing of this property to prospective purchasers and forego any right it might have to take alternative action. Mr. Wayne W. Beshears November 10, 1988 Page 3 The City is very interested in having development occur on the property in question and stands ready to assist you in whatever manner is reasonably possible. We will gladly meet with you or your prospective purchasers to discuss the merits of developing this site in our City. MR /gj Sincerely, THE CITY OF ROUND ROCK x e Mike Robinson, Mayor DATE: November 8, 1988 SUBJECT: Council Agenda, November 10, 1988 ITEM: 12H. Consider a resolution authorizing the Mayor to execute a letter to Fidelity Savings regarding Chisholm Park Street and related improvements. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: This was covered in Executive Session. ECONOMIC IMPACT: Mr. Wayne W. Beshears Cheif Executive Officer Fidelity Savings and Loan P.O. Box 4157 Port Arthur, TX 77641 Dear Mr. Beshears: THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 November 3, Re: Chisholm Park Section Pursuant to the authority of the Round Rock City Council, by Resolution, duly adopted on November 10, 1988, I have been authorized to execute this letter for your benefit. The City of Round Rock agrees with Fidelity Savings and Loan Association that Fidelity Savings and Loan Association and all of its successors in interest, heirs and assigns and owners of Lot 1, Block A, Chisholm Park, Section Two, are not required by the Subdivision Ordinances of the City of Round Rock in any manner whatsoever to pay for the costs of development and construction of Chisholm Parkway or any part thereof and its associated costs, including, but not limited to, its related storm sewer, drainage systems and utilities and the associated costs in raising the manholes, valve boxes and completing of water and sewer services in the right -of -way. In addition, it is agreed that the City has no legal basis and shall not withhold building permits or certificates of occupancy merely because the street, storm sewer and drainage systems and other mayor related utility improvements, water and wastewater Mike Robinson services located within the street right -of -way have MayorProtem not yet been completed. It is further agreed by the Ronnie Jean City that at the present time any development or Council Members construction of Chisholm Parkway or an John blood Y any part thereof Glenn T.King and its associated costs, including, but not limited Pete Correa Charles Culpepper Trial). L Lee G1LBESHEARS City Manager Robert L Bennett, Jr. City Attorney - - Stephan L Sheets Mr. Wayne W. Beshears November 3, 1988 Page 2 to, its related storm sewer, drainage systems and utilities and the associated costs in raising the manholes, valve boxes and completing of water and sewer services in the right -of -way, would be of no special benefit to Lot 1, Block A of Chisholm Park, Section Two, since said property has ready access to the frontage road abutting Interstate Highway 35. The City finds and agrees that at the present time any construction and development of Chisholm Parkway or any part thereof and its associated costs, including, but not limited to, its related storm sewer, drainage systems and utilities and the associated costs in raising the manholes, valve boxes and completing of water and sewer services in the right -of -way, would not enhance the value by means of such improvement to Lot 1, Block A of Chisholm Park, Section Two, and that imposing any special assessment upon this property would result in an injustice or inequality to the landowners. Regardless of anything contained herein to the contrary, this letter is not intended, and should not be construed by you or your successors in interest and assigns, as the surrender or the contracting away of any of the City of Round Rock's governmental or legislative functions or any powers, the exercise and availability of which are essential to the public welfare. It is agreed and understood that these representations are being made to Fidelity Savings and Loan Association in exchange for Fidelity Savings and Loan Association foregoing any rights it might have to bring suit against the City of Round Rock for the alleged omission of the City of Round Rock in requiring the developers of Lot 1, Block A of Chisholm Park, Section Two, to post a bond and /or Letter of Credit at the time the plat was filed on the above- referenced property for the building of Chisholm Parkway and related utilities. It is understood and agreed that Fidelity Savings and Loan Association will rely upon these representations in the marketing of this property to prospective purchasers and forego any right it might have to take alternative action. Mr. Wayne W. Beshears November 3, 1988 Page 3 The City is very interested in having development occur on the property in question and stands ready to assist you in whatever manner is reasonably possible. We will gladly meet with you or your prospective purchasers to discuss the merits of developing this site in our City. MR/g7 Sincerely, THE CITY OF ROUND ROCK Mike Robinson, Mayor