R-89-1259 - 3/30/1989WHEREAS, on December 12, 1985, certain Landowners and the City of
Round Rock (City) entered into the Southwest Round Rock Wastewater
Service Agreement (Agreement), and
WHEREAS, the Agreement provided for the Landowners to share in
the cost of constructing certain improvements necessary to provide
Landowners' property with access to the City's wastewater collection
and treatment system, and
WHEREAS, due to the changed economic conditions the Landowners
and City now agree that it is premature to construct the wastewater
improvements at the present time, Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, THAT
The Mayor is hereby authorized and directed to execute on behalf
of the City an Agreement Terminating The Southwest Round Rock
Wastewater Service Agreement, a copy of said Agreement being attached
hereto and incorporated herein for all purposes.
RESOLVED this __ - day of March, 1989.
ATTEST:
G9RESSWRR
LAND, City Secretary
RESOLUTION NO. 4592
MIKE ROBINSON, Mayor
City of Round Rock, Texas
G9TERMAGRE
AGREEMENT TERMINATING THE SOUTHWEST
ROUND ROCK WASTEWATER SERVICE AGREEMENT
WHEREAS, on December 12, 1985 the undersigned Landowners and the
City of Round Rock ( "City ") entered into the Southwest Round Rock
Wastewater Service Agreement ( "Agreement "), and
WHEREAS, the Agreement provided for the Landowners to share in
the cost of constructing certain improvements necessary to provide
Landowners' property access to the City's wastewater collection and
treatment system, and
WHEREAS, said Agreement has been extended several times by
consent of Landowners and City, and
WHEREAS, due to changed economic conditions the Landowners and
City now agree that it is premature to construct the wastewater
improvements at the present time, and
WHEREAS, the Landowners and City wish to terminate the Agreement,
NOW THEREFORE, IT IS AGREED THAT:
I.
Subject to the terms and conditions herein contained, all parties
hereto agree that the Agreement is hereby terminated and no party
shall hereafter have any rights, responsibilities, or obligations
under said Agreement except as provided herein.
II.
Landowners agree that pursuant to the terms of the Agreement that
the City has expended sums for which it is entitled to be reimbursed.
The amounts due to the City from each Landowner is as follows:
1. P. A. Stark, III
2. Celia Neuman
3. Tom Kouri
4. 172 Properties Joint Venture
$ 129.40
$4,313.67
$3,465.32
$ 345.09
Hard Rock Joint Venture, Quantum Investments, Inc., and Gay
Carpenter Ruggiano is entitled to a refund of $67,130.39.
The Landowners agree and understand that if the sums owed are not
otherwise paid, the City will present for payment, to the extent of
the sum owed, certain letters of credit which have previously been
deposited with the City pursuant to the Agreement.
IV.
In consideration of the premises and the mutual promises and
covenants herein contained, and for other good and valuable
consideration, the receipt of which is acknowledged, each of the
undersigned parties, for his precedessors, successors, assigns,
heirs, executors, administrators, and legal representatives, releases
and forever discharges the other, and his predecessors, successors,
assigns, heirs, executors, administrators, 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 accruing 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 either of such parties prior to and including
the date hereof and in any way directly or indirectly arising out of
the Southwest Round Rock Wastewater Service Agreement and all
Addendums and all of the transactions and occurrences above
described.
ATTEST:
Dated this 23rd day of March, 1989.
nne Land, City Secretary
CITY OF ROUND ROCK
Mike Robinson, Mayor (date)
LANDOWNERS:
P.A. Stark, III
2. l y) ', t . Lt (, (
Celia Neuman
3. Hard Rock Joint Venture
B
(date)
A. J. Price
Quantam Investmepts, Inc.
By:
A. J. Price
enter
R
4. �-' 1n v e Z
Tom Kouri
5. 172 Properties Joint Venture
2.
rl W. austein
ano
Z I 21 "1n,
(date)
(
(date)
(date)
MATJRO, WENDLBR, SHEETS, BLUME & GUTOW
ATTORNEYS AT LAW
809 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
(818) 885 -8877