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R-91-1646 - 9/3/1991WHEREAS, the City of Round Rock, Glenn Neans, Round Rock West, Inc., Conann Constructors, Inc., Community Engineering, Inc., Round Rock Development Corp., and Neans Tractor Company, Inc., entered into an agreement styled "Transfer of Cause of Action" on or about October 13, 1988, and WHEREAS, the parties desire to amend such transfer of cause of action to accurately reflect their original intent, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed on behalf of the City to execute an Addendum To Transfer of Cause Action between the parties listed above, a copy of said addendum being attached hereto and incorporated herein for all purposes. RESOLVED this 3rd day of September, 1991. ATTEST: NE LAND, Secretary RS09031A RESOLUTION NO. A,WZ MIKE ROBINSON, Mayor City of Round Rock, Texas NO. 84 -055 -C CITY OF ROUND ROCK § IN THE DISTRICT COURT OF § VS. § § GLENN NEANS; ROUND ROCK WEST, § WILLIAMSON COUNTY, TEXAS INC.; CONANN CONSTRUCTORS, § INC.; COMMUNITY ENGINEERING, § INC.; ROUND ROCK DEVELOPMENT § CORPORATION; and NEANS § TRACTOR COMPANY,INC. § 277th JUDICIAL DISTRICT ADDENDUM TO TRANSFER OF CAUSE OF ACTION WHEREAS, The City of Round Rock, Glenn Neans, Round Rock West, Inc., Conann Constructors, Inc., Community Engineering, Inc., Round Rock Development Corp., and Neans Tractor Company, Inc., entered into an agreement styled "Transfer of Cause of Action" on or about October 13, 1988; and WHEREAS, the parties desire to amend such transfer of cause of action to accurately reflect their intent; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: The second paragraph appearing on page 4 of the Transfer of Cause of Action is amended to read as follows: "NEANS agrees and does hereby sell, assign, convey, and transfer unto the City of Round Rock, Texas, pursuant to Section 12.014 of the Texas Property Code, the right and entitlement to pursue and recover upon any cause of action against United States Insurance Group, or any related or affiliated insurance company and /or person, and any other insurer or company, based upon, or related to, the failure to provide a defense for this cause of action to NEANS, or any of them, and the failure to provide coverage for NEANS, or any of them, in the event of verdict or judgment in favor of the Plaintiff herein." STATE OF TEXAS § COUNTY OF WILLIAMSON § a ii "v i CHRISTINE R. MARTINEZ Notary PoMiC, State at Texas My Commission Expires JUNE 22, 1993 Addendum to Transfer of Cause of Action Page 2 of 3 APPROVED AS TO FORM AND CONTENT: THE CITY OF ROUND ROCK, TEXAS BY: Av , Title: PA/at Dated: (96,01 , /99/ Glenn Neans, Individually, and on behalf of Round Rock West, Inc.; Conann Constructors, Inc.; Community Engineering, Inc.; Round Rock Development Corp.; and Neans Tractor Company, Inc. Dated: - a(o-91 BEFORE ME the undersigned authority, on this day personally appeared in/e6 �&8 /A45CW , who is /n/1 for the City of Round Rock, Texas, who acknowledged to me that he /she executed the foregoing Addendum to Transfer of Cause of Action on behalf of The City of Round Rock, Texas, for the purposes, and that same was executed for the purposes and consideration therein expressed, and in the capacity stated. Notary Public - State of Texas My Commission Expires: (0 p 3 STATE OF TEXAS COUNTY OF TRAVIS § § BEFORE ME, the undersigned authority, on this day personally appeared GLENN NEANS, Individually, and on behalf of Round Rock West, Inc., Conann Constructors, Inc., Community Engineering, Inc., Round Rock Development Corp., and Neans Tractor Company, Inc., who acknowledged to me that he executed the foregoing Addendum to Transfer of Cause of Action, and that he executed said document on behalf of himself and Round Rock West, Inc., Conann Constructors, Inc., Community Engineering, Inc., Round Rock Development Corp., and Neans Tractor Company, Inc., at their request, and with authority to do so, for the purposes and consideration therein expressed, and in the capacity stated. Addendum to Transfer of Cause of Action Page 3 of 3 Notary .tblic - State of Texas My Commission Expires: 11 4$-13