R-89-1383 - 11/21/1989WHEREAS, Commerical Union Insurance Company has previously
signed an Indemnity Agreement with the City of Round Rock whereby
Commercial Union agreed to indemnify the City for any claims relating
to a Public Works contract known as "Gansert Branch Channel
Improvements - Phase II ", and
WHEREAS, certain claims have been made against the City relating
to said contract; and
WHEREAS, Commercial Union will pay the City Seven Thousand and
No /100 Dollars ($7,000.00), if the City will release Commercial Union
from any further liability for claims relating to the above - described
contract, 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 a Release which is attached hereto and
incorporated herein for all purposes.
RESOLVED this 21st day of November, 1989.
ATTEST:
C- RS11219G
RESOLUTION NO. 1 S F3 l
A/ 44
MIKE ROBINSON, Mayor
City of Round Rock, Texas
RELEASE
In consideration of the payment of SEVEN THOUSAND AND NO /100
DOLLARS ($7,000.00) to THE CITY OF ROUND ROCK ( "THE CITY ") by
delivery to its attorney, Stephan L. Sheets, for disbursement to
VIVIAN MAYFIELD, LESLIE FORSMAN, LAMBERT FORSMAN, WILBERT FORSMAN,
PAUL FORSMAN, and DURWOOD BOURLAND, (hereinafter referred to
collectively as the "Claimants "), in hand paid by COMMERCIAL UNION
INSURANCE COMPANY, (hereinafter called "Payer "), the City does
hereby release and forever discharge Commercial and any and all of
its directors, officers, affiliates and employees of and from its
duties and obligations under a certain Indemnity Agreement executed
in connection with the claims of the Claimants described herein,
a true and correct copy of which is attached hereto as Exhibit 1
and is incorporated herein for all purposes as if set forth at
length.
The aforementioned sum is accepted as full and final payment
and discharge of all of Commercial's obligations under said
Indemnity Agreement, and upon receipt of this sum recited herein,
the City agrees to disburse said sum to the Claimants and to secure
the signature of all Claimants to a full and final Release of all
claims in connection with the above captioned matter, a true and
correct copy of which is attached hereto as Exhibit 2 and is
incorporated herein by reference for all purposes as if set forth
at length.
Commercial denies that the Claimants would be entitled to
recover any sums from the City or any other person or entity in
connection with their alleged claims, but now pays the
aforementioned consideration for the sole purpose of obtaining a
full and final release of its obligations under its Indemnity
Agreement and the release of all of the Claimants' claims against
the City and /or Commercial.
It is expressly understood and agreed to by the parties herein
that the payment of the aforementioned sum to the City by
Commercial constitutes an complete performance, exoneration and
satisfaction of Commercial's duties under this Indemnity Agreement,
and the City agrees that upon payment of the sum recited herein,
Commercial shall have no further duty to indemnify, defend or hold
harmless the City under the Indemnity Agreement referenced herein.
IN WITNESS WHEREO F, we have set unto our hands this the
day of1/TYL.f (!/1./
APPROVED:
STEPHAN L. SHEETS & ASSOCIATES
309 E. Main Street
Round Rock, Texas 78664
By INr,
Stephan L. Sheets
State :.r No. 1
Authorized Representative of
The City of Round Rock, Texas
2
, 1989.
STATE OF TEXAS
COUNTY OF WILLIAMSON *
BEFOREJW, t e and s ned authority, on this day personally
appeared (f YL ki J G '31 .1,6 --L/ , known to me to be
the person whose name is subscribed to the foregoing Release, and
acknowledged to me that he /she executed the same for the purposes
and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2/« }
day of
£41/ i , 1989.
'!!7;,, CHRISTINE R. MARTINEZ
Notary Public, State at Texas
My Commission Expires
JUNE 22, 1993
My Commission Expires:
11:88- 4373A.REL /JL
o � l
h m Q/d ✓ 0 i (t ,g
NOTARY PUBLIC
L HRI ST /NE A in/VP/VC Z-
(Name typed or printed)
3
DATE: November 17, 1989
SUBJECT: City Council Agenda, November 21, 1989
ITEM: 9F. Consider a resolution authorizing the Mayor to execute a release
to Commercial Union Insurance Company of an Indemnity Agreement
regarding Forsman claim.
STAFF RESOURCE PERSON: Steve Sheets
STAFF RECOMMENDATION: Commercial Union Insurance Co. ( "Commercial ")
previously entered into an Indemnity Agreement
whereby Commercial agreed to indemnify the
City for any claims relating to a Public Works
contract known as "Gansert Branch Channel
Improvements -Phase II" ( "the Project ").
Several claims were made against the City
regarding said project. All claimants have
signed a release with Commercial and the City
agreeing to accept $7,000.00 as a final settle-
ment to all claims. Commercial, in turn has
agreed to remit $7,000.00 to the City condi-
tioned upon the City signing a release as to any
future liabilities relating to the Project.