R-97-05-08-16D - 5/8/1997NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC., § IN THE DISTRICT COURT
ET AL. §
VS. § OF WILLIAMSON COUNTY, TEXAS
§
THE CITY OF ROUND ROCK, TEXAS, §
ET AL. § 26TH JUDICIAL DISTRICT
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ( "this Agreement ")
is entered into by and among the City of Round Rock, Texas
(hereinafter referred to as the "City "), the Brushy Creek
Municipal Utility District (hereinafter referred to as the
"District "), and Highland Management, Inc., Hy -Land Joint
Venture, Hy -Land North Joint Venture, and Cat Hollow Associates
Limited Partnership (hereinafter collectively referred to as
"Developers ") for the purpose of settling the various claims,
controversies and disputes between these parties arising out of
the facts and circumstances relating directly or indirectly to
the above - captioned lawsuit.
RECITALS
The parties have entered into this Agreement under the
following circumstances and to effect the following aims and
purposes:
SETTLEMENT AGREEMENT AND RELEASE
PAGE 1
A. The above - captioned lawsuit ( "the Lawsuit ") relates
to the parties' claims for damages, declaratory relief and
attorney's fees arising out of the payment of "Base Water Service
Fees," "Prepayment Fees," "Reserve Commitment Charges," and
"Surcharges," as those fees are defined in that certain
"Agreement Between the City of Round Rock and Williamson County
Municipal Utility District No. 2 for the Sale of Potable Water."
B. The parties acknowledge the costs, hazards,
uncertainties and pitfalls of litigation and desire to enter this
Agreement in order to settle and lay to rest their controversy,
to avoid further costs, litigation and risks, and to buy peace.
IT IS THEREFORE AGREED:
1. CONSIDERATION. These parties acknowledge the
adequacy of consideration as expressed by the recitations and
mutual covenants in this Agreement.
2. GENERAL WARRANTIES. Each party warrants (a) that it
has been fully informed and has full knowledge of the terms,
conditions and effects of this Agreement; (b) that it, either
personally or through its independently retained attorneys, has
fully investigated to its satisfaction all facts surrounding the
various claims, controversies and disputes and is fully satisfied
with the terms and effects of this Agreement; (c) that no promise
or inducement has been offered or made to it by the other except
as expressly stated in this Agreement, and that this Agreement is
SETTLEMENT AGREEMENT AND RELEASE
PAGE 2
executed without reliance on any statement or representation by
any other party or any other party's agent; and (d) that it is
the sole owner of the claims or causes of action released in this
Agreement and that it has not previously assigned any interest in
such claims to any other person or entity.
3. SPECIAL WARRANTIES. Cat Hollow Associates Limited
Partnership warrants that it is the assignee of all claims
heretofore owned by E.C. Joint Venture, First Hotel Investments
Corporation and Westinghouse Credit Corporation that are asserted
in the Lawsuit and released herein.
4. EFFECTIVE DATE. This agreement becomes effective on
May 19, 1997 (the "Effective Date ").
5. FUNDS IN REGISTRY OF COURT. The parties agree that,
within five (5) days of the Effective Date, they will present to
the Court an agreed motion and order, in the form attached as
Exhibit "A" hereto, distributing those funds paid by the City
into the registry of the Court on October 30, 1992 to the
District, and that they will each exercise their best efforts to
obtain the Court's immediate entry of such agreed order.
6. CITY'S PAYMENT TO DISTRICT. The City agrees to pay
the District $1345 per lot for those lots connecting to the
District's water system between August 31, 1989 and September 30,
1992 listed on Exhibit "B" attached hereto, plus three percent
(3 %) simple interest from the payment date shown on Exhibit "B"
to the Effective Date, in settlement of all claims made in the
SETTLEMENT AGREEMENT AND RELEASE
PAGE 3
Lawsuit by the District or the Developers. Payment shall be made
on the Effective Date by check made payable to the District.
7. DISTRICT'S PAYMENT INTO THE REGISTRY OF THE COURT.
The District agrees to place the funds received from the City
pursuant to paragraph 6 into the registry of the Court in the
Lawsuit within five (5) days of the Effective Date. The District
has heretofore and hereby does disclaim any ownership interest in
such funds. Further, the District shall take no position as to
the claims of any person other than the District to ownership of
such funds. If the Court awards the funds that the District pays
into the registry of the Court under this paragraph to the
Developers, then the Developers and the District agree to
negotiate in good faith regarding the use of the funds awarded to
the Developers to fund any capital improvements necessary to
provide water service that are identified in a future capital
improvements plan of the District that has been adopted and
approved pursuant to the provisions of Chapter 395 of the Texas
Local Government Code.
8. RELEASE OF CITY. Effective upon the Effective Date,
the Developers and the District release, discharge and acquit the
City and its present and former officers, employees, agents,
representatives, and assigns from any causes of action, claims,
demands, debts, liability, expense or costs of court of any and
every character and nature whatsoever, whether known or unknown,
either in or arising out of the law of contracts, torts or
SETTLEMENT AGREEMENT AND RELEASE
PAGE 4
property rights, whether arising under statutory or common law,
at law or in equity, arising out of any matter at any time up to
and including the date of this Agreement, directly related to the
claims or allegations or subject matter made the basis of the
disputes and differences in the Lawsuit; provided, however, that
Highland and the District do not release the City from its
obligations under this Agreement.
9. RELEASE OF DISTRICT. Effective upon the Effective
Date, the Developers and the City release, discharge and acquit
the District and its present and former officers, employees,
agents, representatives, and assigns from any causes of action,
claims, demands, debts, liability, expense or costs of court of
any and every character and nature whatsoever, whether known or
unknown, either in or arising out of the law of contracts, torts
or property rights, whether arising under statutory or common
law, at law or in equity, arising out of any matter at any time
up to and including the date of this Agreement, directly related
to the claims or allegations or subject matter made the basis of
the disputes and differences in the Lawsuit; provided, however,
that the Developers and the City do not release the District from
its obligations under this Agreement.
10. RELEASE OF DEVELOPERS. Effective upon the Effective
Date, the City and the District release, discharge and acquit
Developers and their present and former partners, officers,
employees, agents, representatives, and assigns from any causes
SETTLEMENT AGREEMENT AND RELEASE
PAGE 5
of action, claims, demands, debts, liability, expense or costs of
court of any and every character and nature whatsoever, whether
known or unknown, either in or arising out of the law of
contracts, torts or property rights, whether arising under
statutory or common law, at law or in equity, arising out of any
matter at any time up to and including the date of this
Agreement, directly related to the claims or allegations or
subject matter made the basis of the disputes and differences in
the Lawsuit; provided, however, that the City and the District do
not release the Developers from its obligations under this
Agreement.
11. DISMISSAL OF CITY. The parties agree that, within
five (5) days of the Effective Date, they will present to the
Court an agreed motion and order of dismissal in the form
attached as Exhibit "C" hereto, that they will each exercise
their best efforts to obtain the Court's immediate entry of such
agreed order of dismissal.
12. DISMISSAL OF DISTRICT AND DEVELOPERS. Within five
(5) days of the Court's ruling on the distribution of such funds,
the District and the Developers agree that they will present to
the Court an agreed motion and order of dismissal in the form
attached as Exhibit "D" hereto, dismissing the Lawsuit and that
they will each exercise their best efforts to obtain the Court's
immediate entry of such agreed order of dismissal.
SETTLEMENT AGREEMENT AND RELEASE
PAGE 6
13. INDEMNITY. Cat Hollow Associates Limited
Partnership agrees to indemnify, defend and otherwise hold the
City and the District harmless from any and all demands, suits,
judgments, remedial action costs, expenses, fees, penalties,
reasonable attorneys' fees and losses arising out of or in
connection with any claims that may be asserted against the City
or the District by E.C. Joint Venture, First Hotel Investments
Corporation, Westinghouse Credit Corporation, or any person
claiming under those entities, relating to the claims asserted in
the Lawsuit and released herein.
14. NO ADMISSIONS OR CONCESSIONS. The settlement
embodied herein is a compromise of disputed claims and is not and
shall not be construed as an admission or concession by any
party. In particular, the City's payment to the District shall
not be construed as an admission or concession that the District
is entitled to permanent use and benefit of any services from the
City under Section 395.020 of the Texas Local Government Code or
that the District or any property owner in the District,
including the Developers, is entitled to any refund pursuant to
Chapter 395.025 of the Texas Local Government Code. The parties
expressly agree that the terms of this Agreement are reasonable
and adequate and represent a good faith compromise of all claims
that were asserted in the Lawsuit.
15. ATTORNEYS' FEES AND COSTS. Each party agrees to be
responsible to pay such party's respective attorneys' fees and
SETTLEMENT AGREEMENT AND RELEASE
PAGE 7
costs of Court.
16. BINDING EFFECT. This Agreement shall be binding
upon, and inure to the benefit of, the parties and their
respective representatives, successors and assigns.
17. ENTIRE AGREEMENT. This Agreement contains the
entire agreement and understanding between the parties concerning
the subject matter set forth herein and supersedes any prior oral
or written expressions of the terms of the parties' agreement.
There are no side agreements or understandings or promises or
representations relied upon by any party other than as expressly
set out herein.
18. MANNER OF EXECUTION. This Agreement may be executed
in multiple counterparts, including by facsimile, which together
shall be considered an original document.
19. MISCELLANEOUS. This Agreement is performable in
Williamson County, Texas. In the event of any controversy
related directly or indirectly to this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees in
addition to any other relief allowed at law or in equity.
EXECUTED this
day of , 1997.
CITY OF • OUND ROCK, TEXAS
B
SETTLEMENT AGREEMENT AND RELEASE
PAGE 8
�( C T�
Charles C per, Mayor
BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT
By:
J
HIGHLAND MANAGEMENT, INC.
By:
David Bodenman,
Vice - President
By:
SETTLEMENT AGREEMENT AND RELEASE
PAGE 9
rif >th, President
HY -LAND JOINT VENTURE
By: Brushy Creek Development
Corporation
By:
By: HRI Development Corporation
By:
David Bodenman,
Vice - President
David Bodenman,
Vice - President
HY -LAND NORTH JOINT VENTURE
By: Brushy Creek Development
Corporation
David Bodenman,
Vice - President
By: HRI Development Corporation
By:
By:
SETTLEMENT AGREEMENT AND RELEASE
PAGE 10
David Bodenman,
Vice - President
President
CAT HOLLOW ASSOCIATES LIMITED
PARTNERSHIP
By: E.W. Development Co., its
general partner
4 44.447A•
EWedler, .,
EXHIBIT "A ", PAGE 1 OF 5
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
§
VS. § WILLIAMSON COUNTY, TEXAS
§
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED MOTION FOR PAYMENT FROM
THE REGISTRY OF THE COURT
TO THE HONORABLE JUDGE OF SAID COURT:
Now come HIGHLAND MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT VENTURE, FIRST
HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT CORPORATION,
THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT and file this their agreed motion for payment of funds
from the registry of the court. As grounds, the parties would
respectfully show:
I.
On October 30, 1992, the City of Round Rock deposited
$113,852.00 into the registry of the Court in this cause. The
parties have agreed that the $113,852.00, together with all
interest that has accrued thereon, should be paid to the Brushy
Creek Municipal Utility District.
AGREED MOTION FOR PAYMENT
Page 1 of 3
EXHIBIT "A ", PAGE 2 OF 5
WHEREFORE, PREMISES CONSIDERED, the parties pray that the
Court order that the $113,852.00, paid by Round Rock into the .
registry of the Court on October 30, 1992, together with all
interest that has accrued thereon, be paid over to the Brushy
Creek Municipal Utility District.
Respectfully submitted,
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767 .
512/480 -5600
FAX: 512/478 -1976
By
AGREED MOTION FOR PAYMENT
Page 2 of 3
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND
MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE,
FIRST HOTEL INVESTMENTS
CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
EXHIBIT "A ", PAGE 3 OF 5
BROWN McCARROLL SHEETS &
CROSSFIELD, L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
Stephan L. Sheets
State Bar No. 18180800
ATTORNEYS FOR THE CITY OF
ROUND ROCK
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10570200 OSfSS7•-oo
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED MOTION FOR PAYMENT
Page 3 of 3
EXHIBIT "A ", PAGE 4 OF 5
NO. 91
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
VS. § WILLIAMSON COUNTY, TEXAS
§
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED ORDER FOR
PAYMENT FROM THE REGISTRY OF THE COURT
On the agreed motion of HIGHLAND MANAGEMENT, INC., HY-
LAND JOINT VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT
VENTURE, FIRST HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT
CORPORATION, THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL
UTILITY DISTRICT to pay out funds deposited in the registry of
the court by the City of Round Rock in the above- styled and
numbered cause, and it appearing to the Court that there is good
cause therefor, it is
ORDERED that the $113,852.00 in funds deposited in the
registry of the court by the City of Round Rock in the above -
styled and numbered cause on October 30, 1992, together with all
interest thereon, shall be paid over to the Brushy Creek
Municipal Utility District.
SIGNED this
day of , 1997.
JUDGE PRESIDING
AGREED ORDER FOR PAYMENT
Page 1 of 2
AGREED:
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND MANAGEMENT, INC.,
HY -LAND JOINT VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE, FIRST HOTEL
INVESTMENTS CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
BROWN McCARROLL SHEETS & CROSSFIELD L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
Stephan L. Sheets
State Bar No. 18180800
ATTORNEYS FOR THE CITY OF ROUND ROCK
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
R. Mark Dietz
State Bar No. 10570200 05
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
EXHIBIT "A ", PAGE 5 OF 5
AGREED ORDER FOR PAYMENT
Page 2 of 2
EXHIBIT "B"
LOT DESCRIPTION PAYMENT DATE
Cat Hollow Sec. 7, Block C, Lot 3
Cat Hollow Sec. 9, Block J, Lot 9
Cat Hollow Sec. 7, Block C, Lot 9
Cat Hollow Sec. 9, Block J, Lot 8
Cat Hollow Sec. 5, Block D, Lot 1
Cat Hollow Sec. 7, Block C, Lot 12
Cat Hollow Sec. 5, Block D, Lot 2
Cat Hollow Sec. 5, Block D, Lot 3
Meadows Phase II, Block F, Lot 19
Cat Hollow Sec. 5, Block B, Lot 2
Cat Hollow Sec. 5, Block B, Lot 1
Meadows Phase II, Block F, Lot 21
Cat Hollow Sec. 5, Block A, Lot 4
Cat Hollow Sec. 7, Block C, Lot 13
Meadows Phase II, Block F, Lot 16
Meadows Phase II, Block F, Lot 17
Meadows Phase II, Block D, Lot 6
Meadows Phase II, Block F, Lot 20
Cat Hollow Sec. 7, Block C, Lot 11
Cat Hollow Sec. 7, Block E, Lot 3
Cat Hollow Sec. 7, Block A, Lot 16
Cat Hollow Sec. 7, Block A, Lot 11
Meadows Phase II, Block E, Lot 14
Cat Hollow Sec. 7, Block E, Lot 10
Meadows Phase II, Block F, Lot 18
Cat Hollow Sec. 7, Block A, Lot 31
Meadows Phase II, Block F, Lot 25
Meadows Phase II, Block D, Lot 5
Cat Hollow Sec. 7, Block E, Lot 2
Cat Hollow Sec. 7, Block A, Lot 14
Meadows Phase II, Block D, Lot 7
Cat Hollow Sec. 7, Block E, Lot 1
Cat Hollow Sec. 7, Block H, Lot 4
Cat Hollow Sec. 7, Block C, Lot 10
Meadows Phase II, Block B, Lot 26
Cat Hollow Sec. 9, Block G, Lot 21
Meadows Phase II, Block W, Lot 3
Meadows Phase II, Block W, Lot 1
Cat Hollow Sec. 7, Block A, Lot 5
Meadows Phase II, Block E, Lot 11
Meadows Phase II, Block D, Lot 3
Cat Hollow Sec. 7, Block F, Lot 8
Cat Hollow Sec. 7, Block H, Lot 1
Cat Hollow Sec. 7, Block A, Lot 12
Cat Hollow Sec. 7, Block A, Lot 10
Meadows Phase II, Block D, Lot 2
09/01/89
09/01/89
09/01/89
09/01/89
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
03/23/90
03/29/90
03/29/90
03/29/90
03/29/90
03/29/90
04/25/90
04/25/90
04/25/90
04/25/90
05/11/90
05/16/90
05/21/90
05/23/90
05/23/90
05/23/90
05/23/90
05/23/90
06/01/90
06/01/90
06/01/90
06/07/90
06/11/90
06/17/90
06/28/90
07/09/90
08/02/90
08/02/90
08/02/90
08/02/90
08/02/90
08/02/90
Meadows Phase II, Block D, Lot 4
Meadows Phase II, Block B, Lot 37
Meadows Phase II, Block E, Lot 5
Meadows Phase II, Block B, Lot 19
Cat Hollow Sec. 9, Block J, Lot 6
Meadows Phase II, Block B, Lot 19
Meadows Phase II, Block F, Lot 13
Meadows Phase II, Block E, Lot 4
Cat Hollow Sec. 7, Block A, Lot 21
Cat Hollow Sec. 9, Block F, Lot 6
Meadows Phase II, Block A, Lot 13
Cat Hollow Sec. 7, Block A, Lot 8
Cat Hollow Sec. 9, Block F, Lot 6
Meadows Phase II, Block F, Lot 10
Meadows Phase II, Block E, Lot 2
Cat Hollow Sec. 9, Block F, Lot 12
Meadows Phase II, Block E, Lot 1
Cat Hollow Sec. 9, Block H, Lot 8
Cat Hollow Sec. 5, Block C, Lot 6
Cat Hollow Sec. 5, Block C, Lot 5
Cat Hollow Sec. 7, Block F, Lot 7
Cat Hollow Sec. 7, Block F, Lot 1
Cat Hollow Sec. 7, Block H, Lot 2
Cat Hollow Sec. 9, Block G, Lot 10
Meadows Phase II, Block E, Lot 10
Meadows Phase II, Block E, Lot 21
Meadows Phase II, Block E, Lot 43
Cat Hollow Sec. 9, Block F, Lot 10
Meadows Phase II, Block D, Lot 24
Cat Hollow Sec. 9, Block A, Lot 20
Meadows Phase II, Block E, Lot 22
Cat Hollow Sec. 7, Block A, Lot 4
Meadows Phase II, Block E, Lot 7
Cat Hollow Sec. 7, Block A, Lot 19
Meadows Phase II, Block E, Lot 8
Cat Hollow Sec. 9, Block F, Lot 5
Cat Hollow Sec. 9, Block F, Lot 11
Cat Hollow Sec. 9, Block F, Lot 9
Meadows Phase II, Block E, Lot 6
Cat Hollow Sec. 9, Block J, Lot 2
Meadows Phase II, Block D, Lot 17
Meadows Phase II, Block F, Lot 12
Cat Hollow Sec. 7, Block H, Lot 9
Cat Hollow Sec. 5, Block A, Lot 3
Cat Hollow Sec. 7, Block F, Lot 2
Cat Hollow Sec. 9, Block G, Lot 20
Cat Hollow Sec. 9, Block G, Lot 19
Cat Hollow Sec. 7, Block A, Lot 2
Meadows Phase II, Block B, Lot 38
08/09/90
08/22/90
08/29/90
08/29/90
08/29/90
08/29/90
08/31/90
09/07/90
09/07/90
09/13/90
09/20/90
09/20/90
09/13/90
09/20/90
10/08/90
10/08/90
10/08/90
10/09/90
10/09/90
10/09/90
10/10/90
10 /10/90
10/18/90
10/25/90
10/31/90
11/07/90
11/09/90
11/15/90
11/15/90
12/17/90
01/04/91
01/10/91
01/10/91
01/10/91
01/17/91
01/17/91
01/17/91
01/17/91
01/24/91
02/11/91
01/19/91
01/19/91
02/19/91
02/25/91
02/27/91
03/06/91
03/14/91
03/14/91
03/19/91
Cat Hollow Sec. 7,
Meadows Phase II,
Cat Hollow Sec. 9,
Cat Hollow Sec. 7,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 9
Meadows Phase II,
Cat Hollow Sec. 9
Cat Hollow Sec. 7
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 7
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 9
Cat Hollow Sec. 9
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Block A, Lot 29
Block E, Lot 17
Block F, Lot 8
Block H, Lot 3
Block J, Lot 3
Block J, Lot 25
Block H, Lot 9
Block J, Lot 24
Block J, Lot 27
Block J, Lot 20
Block J, Lot 21
Block J, Lot 26
Block J, Lot 28
Block J, Lot 7
Block P, Lot 2
Block P, Lot 17
Block J, Lot 37
Block J, Lot 34
Block J, Lot 36
Block P, Lot 7
Block J, Lot 35
, Block G, Lot 4
Block B, Lot 39
, Block G, Lot 17
, Block G, Lot 18
Block V, Lot 1
Block E, Lot 25
, Block A, Lot 18
Block C, Lot 24
Block F, Lot 6
Block C, Lot 16
Block C, Lot 25
Block C, Lot 18
Block B, Lot 40
Block E, Lot 20
Block B, Lot 25
Block E, Lot 41
, Block G, Lot 14
, Block J, Lot 7
Block F, Lot 23
Block F, Lot 5
Block C, Lot 20
Block E, Lot 24
Block D, Lot 21
Block E, Lot 13
Block E, Lot 9
Block B, Lot 35
Block B, Lot 34
Block B, Lot 3
3
03/26/91
04/17/91
04/17/91
04/22/91
04/30/91
06/17/91
07/01/91
07/18/91
07/18/91
08/28/91
08/28/91
08/30/91
10/10/91
11/05/91
11/05/91
11/08/91
11/14/91
11/19/91
12/05/91
12/12/91
12/19/91
05/13/91
05/14/91
05/15/91
05/15/91
05/23/91
05/23/91
05/28/91
05/28/91
06/12/91
06/17/91
06/17/91
06/21/91
06/21/91
06/24/91
06/24/91
06/24/91
07/19/91
07/19/91
07/30/91
08/06/91
08/06/91
08/06/91
08/30/91
09/06/91
09/06/91
09/11/91
09/11/91
09/16/91
Meadows Phase II, Block F, Lot 9 09/16/91
Meadows Phase II, Block F, Lot 27 09/16/91
Meadows Phase II, Block E, Lot 28 09/16/91
Meadows Phase II, Block E, Lot 37 09/16/91
Meadows Phase II, Block C, Lot 26 09/20/91
Cat Hollow Sec. 9, Block G, Lot 12 09/30/91
Meadows Phase II, Block F, Lot 3 10/08/91
Meadows Phase II, Block B, Lot 29 10/08/91
Meadows Phase II, Block C, Lot 27 10/08/91
Meadows Phase II, Block E, Lot 45 11/12/91
Meadows Phase II, Block E, Lot 52 11/12/91
Meadows Phase II, Block E, Lot 35 11/14/91
Meadows Phase II, Block D, Lot 23 11/14/91
Meadows Phase II, Block E, Lot 35 11/14/91
Meadows Phase II, Block D, Lot 23 11/14/91
Meadows Phase II, Block E, Lot 3 11/14/91
Meadows Phase II, Block E, Lot 3 11/14/91
Meadows Phase II, Block E, Lot 23 11/27/91
Meadows Phase II, Block F, Lot 2 11/27/91
Cat Hollow Sec. 7, Block A, Lot 5 12/05/91
Cat Hollow Sec. 9, Block G, Lot 16 12/12/91
Cat Hollow Sec. 7, Block H, Lot 12 12/18/91
Meadows Phase II, Block P, Lot 8 01/22/92
Meadows Phase II, Block J, Lot 5 02/04/92
Meadows Phase II, Block H, Lot 8 02/06/92
Meadows Phase II, Block J, Lot 33 02/12/92
Meadows Phase Ii, Block P, Lot 11 02/27/92
Meadows Phase II, Block P, Lot 9 03/10/92
Meadows Phase II, Block 0, Lot 2 03/10/92
Meadows Phase II, Block 0, Lot 4 04/01/92
Meadows Phase II, Block J, Lot 29 04/01/92
Meadows Phase II, Block J, Lot 31 04/09/92
Meadows Phase II, Block J, Lot 39 04/09/92
Meadows Phase II, Block J, Lot 10 04/10/92
Meadows Phase II, Block J, Lot 22 04/16/92
Meadows Phase II, Block J, Lot 6 04/30/92
Meadows Phase II, Block P, Lot 13 05/11/92
Meadows Phase II, Block J, Lot 38 05/14/92
Meadows Phase II, Block H, Lot 5 05/15/92
Meadows Phase II, Block J, Lot 15 05/20/92
Meadows Phase II, Block P, Lot 5 05/26/92
Meadows Phase II, Block H, Lot 10 06/05/92
Meadows Phase II, Block H, Lot 12 06/11/92
Meadows Phase II, Block H, Lot 7 06/11/92
Meadows Phase II, Block P, Lot 3 06/12/92
Meadows Phase II, Block 0, Lot 3 06/16/92
Meadows Phase II, Block J, Lot 19 06/17/92
Meadows Phase II, Block H, Lot 13 06/17/92
Meadows Phase II, Block J, Lot 17 06/23/92
Meadows Phase II, Block P, Lot 15 06/29/92
Meadows Phase II, Block J, Lot 23 07/13/92
Meadows Phase II, Block H, Lot 26 07/13/92
Meadows Phase II, Block K, Lot 13 08/11/92
Meadows Phase II, Block P, Lot 4 08/18/92
Meadows Phase II, Block J, Lot 30 08/25/92
Meadows Phase Ii, Block P, Lot 16 09/01/92
Meadows Phase II, Block P, Lot 20 09/01/92
Meadows Phase II, Block P, Lot 10 09/01/92
Meadows Phase II, Block P, Lot 19 09/01/92
Meadows Phase II, Block J, Lot 15 09/10/92
Meadows Phase II, Block J, Lot 18 09/10/92
Meadows Phase II, Block H, Lot 24 09/10/92
Meadows Phase II, Block H, Lot 32 09/10/92
Meadows Phase II, Block H, Lot 36 09/10/92
Meadows Phase II, Block H, Lot 37 09/10/92
Meadows Phase II, Block P, Lot 1 09/11/92
Meadows Phase II, Block J, Lot 12 09/16/92
Meadows Phase II, Block P, Lot 9 09/17/92
Meadows Phase II, Block J, Lot 8 09/17/92
Meadows Phase II, Block C, Lot 23 01/02/92
Meadows Phase II, Block E, Lot 42 01/07/92
Meadows Phase II, Block F, Lot 22 01/15/92
Meadows Phase II, Block E, Lot 44 01/20/92
Cat Hollow Sec. 7, Block A, Lot 5 01/21/92
Cat Hollow Sec. 9, Block G, Lot 16 01/21/92
Cat Hollow Sec. 7, Block H, Lot 12 02/04/92
Cat Hollow Sec. 7, Block H, Lot 12 02/06/92
Meadows Phase II, Block E, Lot 36 02/06/92
Cat Hollow Sec. 7, Block A, Lot 9 02/06/92
Cat Hollow Sec. 7, Block A, Lot 6 02/06/92
Cat Hollow Sec. 7, Block A, Lot 3 02/17/92
Meadows Phase II, Block C, Lot 21 02/20/92
Meadows Phase II, Block B, Lot 24 02/20/92
Meadows Phase II, Block E, Lot 49 02/20/92
Cat Hollow Sec. 9, Block J, Lot 1 02/27/92
Cat Hollow Sec. 5, Block D, Lot 3 03/04/92
Cat Hollow Sec. 5, Block D, Lot 4 03/04/92
Meadows Phase II, Block A, Lot 3 03/10/92
Cat Hollow Sec. 9, Block G, Lot 11 03/13/92
Cat Hollow Sec. 9, Block G, Lot 5 03/13/92
Cat Hollow Sec. 5, Block C, Lot 4 03/13/92
Cat Hollow Sec. 5, Block J, Lot 3 03/13/92
Meadows Phase II, Block F, Lot 11 03/20/92
Meadows Phase II, Block E, Lot 47 03/23/92
Meadows Phase ii, Block E, Lot 51 03/23/92
Meadows Phase II, Block C, Lot 22 03/23/92
Meadows Phase II, Block A, Lot 5 03/30/92
Meadows Phase II, Block V, Lot 2 04/03/92
Cat Hollow Sec. 9, Block E, Lot 2
Cat Hollow Sec. 7, Block B, Lot 6
Cat Hollow Sec. 9, Block F, Lot 4
Meadows Phase II, Block D, Lot 22
Cat Hollow Sec. 9, Block F, Lot 2
Meadows Phase II, Block B, Lot 11
Meadows Phase II, Block E, Lot 47
Meadows Phase II, Block C, Lot 51
Meadows Phase II, Block C, Lot 22
Meadows Phase II, Block B, Lot 5
Cat Hollow Sec. 9, Block E, Lot 1
Cat Hollow Sec. 9, Block G, Lot 7
Cat Hollow Sec. 7, Block H, Lot 6
Cat Hollow Sec. 7, Block A, Lot 27
Cat Hollow Sec. 9, Block D, Lot 3
Meadows Phase II, Block D, Lot 1
Cat Hollow Sec. 7, Block F, Lot 4
Cat Hollow Sec. 7, Block C, Lot 7
Cat Hollow Sec. 9, Block H, Lot 5
Cat Hollow Sec. 9, Block H, Lot 6
Meadows Phase II, Block F, Lot 4
Cat Hollow Sec. 7, Block A, Lot 30
Meadows Phase II, Block D, Lot 8
Meadows Phase II, Block A, Lot 16
Cat Hollow Sec. 7, Block C, Lot 6
Cat Hollow Sec. 7, Block B, Lot 5
Cat Hollow Sec. 7, Block A, Lot 22
Meadows Phase II, Block E, Lot 26
Meadows Phase II, Block E, Lot 34
Cat Hollow Sec. 7, Block A, Lot 32
Cat Hollow Sec. 9, Block G, Lot 2
Meadows Phase II, Block E, Lot 39
Cat Hollow Sec. 9, Block G, Lot 9
Meadows Phase II, Block A, Lot 13
Meadows Phase II, Block B, Lot 11
Meadows Phase II, Block B, Lot 6
Meadows Phase II, Block B, Lot 7
Meadows Phase II, Block C, Lot 19
Cat Hollow Sec. 9, Block F, Lot 3
Cat Hollow Sec. 9, Block G, Lot 3
Cat Hollow Sec. 9, Block G, Lot 6
Meadows Phase II, Block F, Lot 19
Cat Hollow Sec. 7, Block J, Lot 3
Cat Hollow Sec. 9, Block G, Lot 3
Meadows Phase II, Block B, Lot 33
Cat Hollow Sec. 9, Block H, Lot 2
Cat Hollow Sec. 9, Block C, Lot 2
Meadows Phase II, Block B, Lot 8
Meadows Phase II, Block B, Lot 9
6
04/03/92
04/04/92
04/08/92
04/09/92
04/22/92
04/23/92
04/23/92
04/24/92
04/24/92
04/30/92
05/08/92
05/15/92
05/20/92
05/22/92
05/22/92
05/26/92
05/26/92
05/26/92
06/02/92
06/02/92
06/05/92
06/15/92
06/15/92
06/19/92
06/22/92
06/22/92
06/30/92
06/30/92
06/30/92
07/13/92
07/13/92
07/15/92
07/24/92
07/24/92
07/24/92
07/27/92
07/27/92
07/27/92
07/27/92
07/29/92
08/10/92
08/18/92
08/20/92
08/20/92
.08/24/92
08/24/92
08/24/92
08/27/92
08/27/92
Meadows Phase II, Block A, Lot 12
Cat Hollow Sec. 7, Block C, Lot 8
08/28/92
08/31/92
EXHIBIT "C ", PAGE 1 OF 7
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
VS. § WILLIAMSON COUNTY, TEXAS'
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now come HIGHLAND MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT VENTURE, FIRST
HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT CORPORATION,
THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT and file this their agreed motion to dismiss with
prejudice all claims of the City of Round Rock against Highland
Management, Inc., Hy -Land Joint Venture, Hy -Land North Joint
Venture, E.C. Joint Venture, First Hotel Investments Corporation,
Westinghouse Credit Corporation, and the Brushy Creek Municipal
Utility District and all claims of Highland Management, Inc., Hy-
Land Joint Venture, Hy -Land North Joint Venture, E.C. Joint
Venture, First Hotel Investments Corporation, Westinghouse Credit
Corporation, and the Brushy Creek Municipal Utility District
against the City of Round Rock in the above - styled and numbered
cause. As grounds, the parties would respectfully show:
AGREED MOTION TO DISMISS
Page 1 of 4
EXHIBIT "C ", PAGE 2 OF 7
I.
The parties have amicably compromised, settled and
resolved the disputes among them.
WHEREFORE, PREMISES CONSIDERED, the parties pray that the
Court dismiss with prejudice to the refiling of same all claims
of the City of Round Rock against Highland Management, Inc., Hy-
Land Joint Venture, Hy -Land North Joint Venture, E.C. Joint
Venture, First Hotel Investments Corporation, Westinghouse Credit
Corporation, and the Brushy Creek Municipal Utility District and
all claims of Highland Management, Inc., Hy -Land Joint Venture,
Hy -Land North Joint Venture, E.C. Joint Venture, First Hotel
Investments Corporation, Westinghouse Credit Corporation, and the
Brushy Creek Municipal Utility District against the City of Round,
Rock in the above - styled and numbered cause, each party to bear
its own costs of Court.
AGREED MOTION TO DISMISS
Page 2 of 4
EXHIBIT "C ", PAGE 3 OF 7
Respectfully submitted,
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. 0. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND
MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE,
FIRST HOTEL INVESTMENTS
CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
BROWN McCARROLL SHEETS &
CROSSFIELD, L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
ATTORNEYS FOR THE CITY OF
ROUND ROCK
AGREED MOTION TO DISMISS
Page 3 of 4
Stephan L. Sheets
State Bar No. 18180800
EXHIBIT "C ", PAGE 4 OF 7
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED MOTION TO DISMISS
Page 4 of 4
R. Mark Dietz
State Bar No. -1-96-7-8-2.0-0-06-W-7.2-00
EXHIBIT "C ", PAGE 5 OF 7
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
§
VS. § WILLIAMSON COUNTY, TEXAS
§
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED ORDER OF DISMISSAL
On the agreed motion of HIGHLAND MANAGEMENT, INC., HY-
LAND JOINT VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT
VENTURE, FIRST HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT
CORPORATION, THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL
UTILITY DISTRICT to dismiss with prejudice all claims of the City
of Round Rock against Highland Management, Inc, Hy -Land Joint
Venture, First Hotel Investments Corporation, Westinghouse Credit
Corporation, and Brushy Creek Municipal Utility District and all
claims of Highland Management, Inc, Hy -Land Joint Venture, First
Hotel Investments Corporation, Westinghouse Credit Corporation,
and Brushy Creek Municipal Utility District against the City of
Round Rock in the above- styled and numbered cause, and it
appearing to the Court that there is good cause therefor, it is
ORDERED that the above - styled and numbered cause,
including all claims of the City of Round Rock against Highland
Management, Inc, Hy -Land Joint Venture, First Hotel Investments
Corporation, Westinghouse Credit Corporation, and Brushy Creek
Municipal Utility District and all claims of Highland Management,
AGREED ORDER OF DISMISSAL
Page 1 of 3
EXHIBIT "C ", PAGE 6 OF 7
Inc, Hy - Land Joint Venture, First Hotel Investments Corporation,
Westinghouse Credit Corporation, and Brushy Creek Municipal
Utility District against the City of Round Rock therein, be and
are hereby, DISMISSED WITH PREJUDICE, each party to bear its own
costs of Court.
SIGNED this day of , 1997.
JUDGE PRESIDING
AGREED ORDER OF DISMISSAL
Page 2 of 3
AGREED:
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. 0. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
By
Stephan L. Sheets
State Bar No. 18180800
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
EXHIBIT "C ", PAGE 7 OF 7
ATTORNEYS FOR HIGHLAND MANAGEMENT, INC.,
HY -LAND JOINT VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE, FIRST HOTEL
INVESTMENTS CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
BROWN McCARROLL SHEETS & CROSSFIELD, L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
ATTORNEYS FOR THE CITY OF ROUND ROCK
By
R. Mark Dietz
State Bar No. 10570300 O.S85lz0°
AGREED ORDER OF DISMISSAL
Page 3 of 3
EXHIBIT "D ", PAGE 1 OF 4
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. §
ET AL., §
§
IN THE DISTRICT COURT OF
VS. § WILLIAMSON COUNTY, TEXAS
§
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now come HIGHLAND MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT VENTURE, FIRST
HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT CORPORATION,
AND BRUSHY CREEK MUNICIPAL UTILITY DISTRICT and file this their
agreed motion to dismiss with prejudice all claims in the above -
styled and numbered cause. As grounds, the parties would
respectfully show:
I.
The parties have amicably compromised, settled and
resolved the disputes among them.
WHEREFORE, PREMISES CONSIDERED, the parties pray that the
Court dismiss with prejudice to the refiling of same all claims
in the above- styled and numbered cause, each party to bear its
own costs of Court.
AGREED MOTION TO DISMISS
Page 1 of 2
EXHIBIT "D ", PAGE 2 OF 4
Respectfully submitted,
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. 0. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND
MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE,
FIRST HOTEL INVESTMENTS
CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578383
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED MOTION TO DISMISS
Page 2 of 2
EXHIBIT "D ", PAGE 3 OF 4
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
VS. § WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED ORDER OF DISMISSAL
On the agreed motion of HIGHLAND MANAGEMENT, INC., HY-
LAND JOINT VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT
VENTURE, FIRST HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT
CORPORATION, AND BRUSHY CREEK MUNICIPAL UTILITY DISTRICT to
dismiss with prejudice all claims in the above- styled and
numbered cause, and it appearing to the Court that there is good
cause therefor, it is
ORDERED that the above - styled and numbered cause,
including all claims therein, be and are hereby, DISMISSED WITH
PREJUDICE, each party to bear its own costs of Court.
SIGNED this day of , 1997.
JUDGE PRESIDING
AGREED ORDER OF DISMISSAL
Page 1 of 2
AGREED:
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND MANAGEMENT, INC.,
HY -LAND JOINT VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE, FIRST HOTEL
INVESTMENTS CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
EXHIBIT "D ", PAGE 4 OF 4
R. Mark Dietz
State Bar No. 10570200 O5
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED ORDER OF DISMISSAL
Page 2 of 2
RESOLUTION NO. R- 97- 05- 08 -16D
WHEREAS, Highland Management, Inc. et al filed a lawsuit
against the City of Round Rock and the Brushy Creek Municipal
Utility District seeking the refund of certain water impact fees,
and
WHEREAS, the aforesaid parties have determined that they
wish to avoid the expense and uncertainty of continued and further
litigation by resolving and settling amongst themselves all issues,
claims, and complaints asserted against each other, 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 a Settlement Agreement and Release, a copy of
said agreement being attached hereto as an Exhibit.
RESOLVED this 8th day of May, 1997.
ATTEST:
LAND, City Secretary
&:\ wPDOCS \RRSOLVII \RSOOSOSE.WPO /B1B
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
rW
NO. 91- 257 -C26 411g1
HIGHLAND MANAGEMENT, INC., § IN THE DIS
ET AL. §
§
VS. § OF WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL. § 26TH JUDICIAL DISTRICT
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ( "this Agreement ")
is entered into by and among the City of Round Rock, Texas
(hereinafter referred to as the "City "), the Brushy Creek
Municipal Utility District (hereinafter referred to as the
"District "), and Highland Management, Inc., Hy -Land Joint
Venture, Hy - Land North Joint Venture, and Cat Hollow Associates
Limited Partnership (hereinafter collectively referred to as
"Developers ") for the purpose of settling the various claims,
controversies and disputes between these parties arising out of
the facts and circumstances relating directly or indirectly to
the above- captioned lawsuit.
RECITALS
The parties have entered into this Agreement under the
following circumstances and to effect the following aims and
purposes:
SETTLEMENT AGREEMENT AND RELEASE
PAGE 1
A. The above- captioned lawsuit ( "the Lawsuit ") relates
to the parties' claims for damages, declaratory relief and
attorney's fees arising out of the payment of "Base Water Service
Fees," "Prepayment Fees," "Reserve Commitment Charges," and
"Surcharges," as those fees are defined in that certain
"Agreement Between the City of Round Rock and Williamson County
Municipal Utility District No. 2 for the Sale of Potable Water."
B. The parties acknowledge the costs, hazards,
uncertainties and pitfalls of litigation and desire to enter this
Agreement in order to settle and lay to rest their controversy,
to avoid further costs, litigation and risks, and to buy peace.
IT IS THEREFORE AGREED:
1. CONSIDERATION. These parties acknowledge the
adequacy of consideration as expressed by the recitations and
mutual covenants in this Agreement.
2. GENERAL WARRANTIES. Each party warrants (a) that it
has been fully informed and has full knowledge of the terms,
conditions and effects of this Agreement; (b) that it, either
personally or through its independently retained attorneys, has
fully investigated to its satisfaction all facts surrounding the
various claims, controversies and disputes and is fully satisfied
with the terms and effects of this Agreement; (c) that no promise
or inducement has been offered or made to it by the other except
as expressly stated in this Agreement, and that this Agreement is
SETTLEMENT AGREEMENT AND RELEASE
PAGE 2
executed without reliance on any statement or representation by
any other party or any other party's agent; and (d) that it is
the sole owner of the claims or causes of action released in this
Agreement and that it has not previously assigned any interest in
such claims to any other person or entity.
3. SPECIAL WARRANTIES. Cat Hollow Associates Limited
Partnership warrants that it is the assignee of all claims
heretofore owned by E.C. Joint Venture, First Hotel Investments
Corporation and Westinghouse Credit Corporation that are asserted
in the Lawsuit and released herein.
4. EFFECTIVE DATE. This agreement becomes effective on
May 19, 1997 (the "Effective Date ").
5. FUNDS IN REGISTRY OF COURT. The parties agree that,
within five (5) days of the Effective Date, they will present to
the Court an agreed motion and order, in the form attached as
Exhibit "A" hereto, distributing those funds paid by the City
into the registry of the Court on October 30, 1992 to the
District, and that they will each exercise their best efforts to
obtain the Court's immediate entry of such agreed order.
6. CITY'S PAYMENT TO DISTRICT. The City agrees to pay
the District $1345 per lot for those lots connecting to the
District's water system between August 31, 1989 and September 30,
1992 listed on Exhibit "B" attached hereto, plus three percent
(3 %) simple interest from the payment date shown on Exhibit "B"
to the Effective Date, in settlement of all claims made in the
SETTLEMENT AGREEMENT AND RELEASE
PAGE 3
Lawsuit by the District or the Developers. Payment shall be made
on the Effective Date by check made payable to the District.
7. DISTRICT'S PAYMENT INTO THE REGISTRY OF THE COURT.
The District agrees to place the funds received from the City
pursuant to paragraph 6 into the registry of the Court in the
Lawsuit within five (5) days of the Effective Date. The District
has heretofore and hereby does disclaim any ownership interest in
such funds. Further, the District shall take no position as to
the claims of any person other than the District to ownership of
such funds. If the Court awards the funds that the District pays
into the registry of the Court under this paragraph to the
Developers, then the Developers and the District agree to
negotiate in good faith regarding the use of the funds awarded to
the Developers to fund any capital improvements necessary to
provide water service that are identified in a future capital
improvements plan of the District that has been adopted and
approved pursuant to the provisions of Chapter 395 of the Texas
Local Government Code.
S. RELEASE OF CITY. Effective upon the Effective Date,
the Developers and the District release, discharge and acquit the
City and its present and former officers, employees, agents,
representatives, and assigns from any causes of action, claims,
demands, debts, liability, expense or costs of court of any and
every character and nature whatsoever, whether known or unknown,
either in or arising out of the law of contracts, torts or
SETTLEMENT AGREEMENT AND RELEASE
PAGE 4
property rights, whether arising under statutory or common law,
at law or in equity, arising out of any matter at any time up to
and including the date of this Agreement, directly related to the
claims or allegations or subject matter made the basis of the
disputes and differences in the Lawsuit; provided, however, that
Highland and the District do not release the City from its
obligations under this Agreement.
9. RELEASE OF DISTRICT. Effective upon the Effective
Date, the Developers and the City release, discharge and acquit
the District and its present and former officers, employees,
agents, representatives, and assigns from any causes of action,
claims, demands, debts, liability, expense or costs of court of
any and every character and nature whatsoever, whether known or
unknown, either in or arising out of the law of contracts, torts
or property rights, whether arising under statutory or common
law, at law or in equity, arising out of any matter at any time
up to and including the date of this Agreement, directly related
to the claims or allegations or subject matter made the basis of
the disputes and differences in the Lawsuit; provided, however,
that the Developers and the City do not release the District from
its obligations under this Agreement.
10. RELEASE OF DEVELOPERS. Effective upon the Effective
Date, the City and the District release, discharge and acquit
Developers and their present and former partners, officers,
employees, agents, representatives, and assigns from any causes
SETTLEMENT AGREEMENT AND RELEASE
PAGE 5
of action, claims, demands, debts, liability, expense or costs of
court of any and every character and nature whatsoever, whether
known or unknown, either in or arising out of the law of
contracts, torts or property rights, whether arising under
statutory or common law, at law or in equity, arising out of any
matter at any time up to and including the date of this
Agreement, directly related to the claims or allegations or
subject matter made the basis of the disputes and differences in
the Lawsuit; provided, however, that the City and the District do
not release the Developers from its obligations under this
Agreement.
11. DISMISSAL OF CITY. The parties agree that, within
five (5) days of the Effective Date, they will present to the
Court an agreed motion and order of dismissal in the form
attached as Exhibit "C" hereto, that they will each exercise
their best efforts to obtain the Court's immediate entry of such
agreed order of dismissal.
12. DISMISSAL OF DISTRICT AND DEVELOPERS. Within five
(5) days of the Court's ruling on the distribution of such funds,
the District and the Developers agree that they will present to
the Court an agreed motion and order of dismissal in the form
attached as Exhibit "D" hereto, dismissing the Lawsuit and that
they will each exercise their best efforts to obtain the Court's
immediate entry of such agreed order of dismissal.
SETTLEMENT AGREEMENT AND RELEASE
PAGE 6
13. INDEMNITY. Cat Hollow Associates Limited
Partnership agrees to indemnify, defend and otherwise hold the
City and the District harmless from any and all demands, suits,
judgments, remedial action costs, expenses, fees, penalties,
reasonable attorneys' fees and losses arising out of or in
connection with any claims that may be asserted against the City
or the District by E.C. Joint Venture, First Hotel Investments
Corporation, Westinghouse Credit Corporation, or any person
claiming under those entities, relating to the claims asserted in
the Lawsuit and released herein.
14. NO ADMISSIONS OR CONCESSIONS. The settlement
embodied herein is a compromise of disputed claims and is not and
shall not be construed as an admission or concession by any
party. In particular, the City's payment to the District shall
not be construed as an admission or concession that the District
is entitled to permanent use and benefit of any services from the
City under Section 395.020 of the Texas Local Government Code or
that the District or any property owner in the District,
including the Developers, is entitled to any refund pursuant to
Chapter 395.025 of the Texas Local Government Code. The parties
expressly agree that the terms of this Agreement are reasonable
and adequate and represent a good faith compromise of all claims
that were asserted in the Lawsuit.
15. ATTORNEYS' FEES AND COSTS. Each party agrees to be
responsible to pay such party's respective attorneys' fees and
SETTLEMENT AGREEMENT AND RELEASE
PAGE 7
costs of Court.
16. BINDING EFFECT. This Agreement shall be binding
upon, and inure to the benefit of, the parties and their
respective representatives, successors and assigns.
17. ENTIRE AGREEMENT. This Agreement contains the
entire agreement and understanding between the parties concerning
the subject matter set forth herein and supersedes any prior oral
or written expressions of the terms of the parties' agreement.
There are no side agreements or understandings or promises or
representations relied upon by any party other than as expressly
set out herein.
18. MANNER OF EXECUTION. This Agreement may be executed
in multiple counterparts, including by facsimile, which together
shall be considered an original document.
19. MISCELLANEOUS. This Agreement is performable in
Williamson County, Texas. In the event of any controversy
related directly or indirectly to this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees in
addition to any other relief allowed at law or in equity.
EXECUTED this day of rn /A Y , 1997.
CITY OF OUND ROCK, TEXAS
Sy: �1h1
Charles �er, Mayor
SETTLEMENT AGREEMENT AND RELEASE
PAGE 8
BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT
By:
Jimmy Griffith, President
HIGHLAND MANAGEMENT, INC.
By:
David Bodenman,
Vice - President
HY - LAND JOINT VENTURE
By: Brushy Creek Development
Corporation
By:
By:
David Bodenman,
Vice - President
By: HRI Development Corporation
David Bodenman,
Vice - President
HY - LAND NORTH JOINT VENTURE
By: Brushy Creek Development
Corporation
By:
SETTLEMENT AGREEMENT AND RELEASE
PAGE 9
David Bodenman,
Vice - President
SETTLEMENT AGREEMENT AND RELEASE
PAGE 3.0
By: HRI Development Corporation
By:
David Bodenman,
Vice - President
CAT HOLLOW ASSOCIATES LIMITED
PARTNERSHIP
By: E.W. Development Co., its
general partner
By:
Ed Wendler, Jr.,
President
EXHIBIT "A ", PAGE 1 OF 5
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
§
VS. § WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED MOTION FOR PAYMENT FROM
THE REGISTRY OF THE COURT
TO THE HONORABLE JUDGE OF SAID COURT:
Now come HIGHLAND MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT VENTURE, FIRST
HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT CORPORATION,
THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT and file this their agreed motion for payment of funds
from the registry of the court. As grounds, the parties would
respectfully show:
I.
On October 30, 1992, the City of Round Rock deposited
$113,852.00 into the registry of the Court in this cause. The
parties have agreed that the $113,852.00, together with all
interest that has accrued thereon, should be paid to the Brushy
Creek Municipal Utility District.
AGREED MOTION FOR PAYMENT
Page 1 of 3
EXHIBIT "A ", PAGE 2 OF 5
WHEREFORE, PREMISES CONSIDERED, the parties pray that the
Court order that the $113,852.00, paid by Round Rock into the
registry of the Court on October 30, 1992, together with all
interest that has accrued thereon, be paid over to the Brushy
Creek Municipal Utility District.
Respectfully submitted,
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
ATTORNEYS FOR HIGHLAND
MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE,
FIRST HOTEL INVESTMENTS
CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
AGREED MOTION FOR PAYMENT
Page 2 of 3
John J. McKetta, III
State Bar No. 13711500
EXHIBIT "A ", PAGE 3 OF 5
BROWN McCARROLL SHEETS &
CROSSFIELD, L.L.P.
309 E Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
Stephan L. Sheets
State Bar No. 18180800 ,
ATTORNEYS FOR THE CITY OF
ROUND ROCK
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578200
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED MOTION FOR PAYMENT
Page 3 of 3
EXHIBIT "A ", PAGE 4 OF 5
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
§
VS. § WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED ORDER FOR
PAYMENT FROM THE REGISTRY OF THE COURT
On the agreed motion of HIGHLAND MANAGEMENT, INC., HY-
LAND JOINT VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT
VENTURE, FIRST HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT
CORPORATION, THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL
UTILITY DISTRICT to pay out funds deposited in the registry of -
the court by the City of Round Rock in the above- styled and
numbered cause, and it appearing to the Court that there is good
SIGNED this
cause therefor, it is
ORDERED that the $113,852.00 in funds deposited in the
registry of the court by the City of Round Rock in the above -
styled and numbered cause on October 30, 1992, together with all
interest thereon, shall be paid over to the Brushy Creek
Municipal Utility District.
day of , 1997.
JUDGE PRESIDING
AGREED ORDER FOR PAYMENT
Page 1 of 2
AGREED:
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. 0. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
EXHIBIT °A ", PAGE 5 OF 5
ATTORNEYS FOR HIGHLAND MANAGEMENT, INC.,
HY -LAND JOINT VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE, FIRST HOTEL
INVESTMENTS CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
BROWN McCARROLL SHEETS & CROSSFIELD L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
Stephan L. Sheets
State Bar No. 18180800
ATTORNEYS FOR THE CITY OF ROUND ROCK
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578200
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED ORDER FOR PAYMENT
Page 2 of 2
Cat Hollow Sec. 7,
Cat Hollow Sec. 9,
Cat Hollow Sec. 7,
Cat Hollow Sec. 9,
Cat Hollow Sec. 5,
Cat Hollow Sec. 7,
Cat Hollow Sec. 5,
Cat Hollow Sec. 5,
Meadows Phase II,
Cat Hollow Sec. 5,
Cat Hollow Sec. 5,
Meadows Phase II,
Cat Hollow Sec. 5,
Cat Hollow Sec. 7,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Meadows Phase II,
Cat Hollow Sec. 7
Meadows Phase II,
Cat Hollow Sec. 7
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Meadows Phase II,
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Meadows Phase II,
Cat Hollow Sec. 9
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 7
Meadows Phase II,
Meadows Phase II,
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Cat Hollow Sec. 7
Meadows Phase II,
EXHIBIT "B"
LOT DESCRIPTION PAYMENT DATE
Block C, Lot 3
Block J, Lot 9
Block C, Lot 9
Block J, Lot 8
Block D, Lot 1
Block C, Lot 12
Block D, Lot 2
Block D, Lot 3
Block F, Lot 19
Block B, Lot 2
Block B, Lot 1
Block F, Lot 21
Block A, Lot 4
Block C, Lot 13
Block F, Lot 16
Block F, Lot 17
Block D, Lot 6
Block F, Lot 20
, Block C, Lot 11
, Block E, Lot 3
, Block A, Lot 16
, Block A, Lot 11
Block E, Lot 14
, Block E, Lot 10
Block F, Lot 18
, Block A, Lot 31
Block F, Lot 25
Block D, Lot 5
, Block E, Lot 2
, Block A, Lot 14
Block D, Lot 7
, Block E, Lot 1
, Block H, Lot 4
, Block C, Lot 10
Block B, Lot 26
, Block G, Lot 21
Block W, Lot 3
Block W, Lot 1
, Block A, Lot 5
Block E, Lot 11
Block D, Lot 3
, Block F, Lot 8
, Block H, Lot 1
, Block A, Lot 12
, Block A, Lot 10
Block D, Lot 2
09/01/89
09/01/89
09/01/89
09/01/89
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
01/09/90
03/23/90
03/29/90
03/29/90
03/29/90
03/29/90
03/29/90
04/25/90
04/25/90
04/25/90
04/25/90
05/11/90
05/16/90
05/21/90
05/23/90
05/23/90
05/23/90
05/23/90
05/23/90
06/01/90
06/01/90
06/01/90
06/07/90
06/11/90
06/17/90
06/28/90
07/09/90
08/02/90
08/02/90
08/02/90
08/02/90
08/02/90
08/02/90
Meadows Phase II, Block D, Lot 4 08/09/90
Meadows Phase II, Block B, Lot 37 08/22/90
Meadows Phase II, Block E, Lot 5 08/29/90
Meadows Phase II, Block B, Lot 19 08/29/90
Cat Hollow Sec. 9, Biock J, Lot 6 08/29/90
Meadows Phase II, Block B, Lot 19 08/29/90
Meadows Phase II, Block F, Lot 13 08/31/90
Meadows Phase II, Block E, Lot 4 09/07/90
Cat Hollow Sec. 7, Block A, Lot 21 , 09/07/90
Cat Hollow Sec. 9, Block F, Lot 6 09/13/90
Meadows Phase II, Block A, Lot 13 09/20/90
Cat Hollow Sec. 7, Block A, Lot 8 09/20/90
Cat Hollow Sec. 9, Block F, Lot 6 09/13/90
Meadows Phase II, Block F, Lot 10 09/20/90
Meadows Phase II, Block E, Lot 2 10/08/90
Cat Hollow Sec. 9, Block F, Lot 12 10/08/90
Meadows Phase II, Block E, Lot 1 10/08/90
Cat Hollow Sec. 9, Block H, Lot 8 10/09/90
Cat Hollow Sec. 5, Block C, Lot 6 10/09/90
Cat Hollow Sec. 5, Block C, Lot 5 10/09/90
Cat Hollow Sec. 7, Block F, Lot 7 10/10/90
Cat Hollow Sec. 7, Block F, Lot 1 10/10/90
Cat Hollow Sec. 7, Block H, Lot 2 10/18/90
Cat Hollow Sec. 9, Block G, Lot 10 10/25/90
Meadows Phase II, Block E, Lot 10 10/31/90
Meadows Phase II, Block E, Lot 21 11/07/90
Meadows Phase II, Block E, Lot 43 11/09/90
Cat Hollow Sec. 9, Block F, Lot 10 11/15/90
Meadows Phase II, Block D, Lot 24 11/15/90
Cat Hollow Sec. 9, Block A, Lot 20 12/17/90
Meadows Phase II, Block E, Lot 22 01/04/91
Cat Hollow Sec. 7, Block A, Lot 4 01/10/91
Meadows Phase II, Block E, Lot 7 01/10/91
Cat Hollow Sec. 7, Biock A, Lot 19 01/10/91
Meadows Phase II, Block E, Lot 8 01/17/91
Cat Hollow Sec. 9, Block F, Lot 5 01/17/91
Cat Hollow Sec. 9, Block F, Lot 11 01/17/91
Cat Hollow Sec. 9, Block F, Lot 9 01/17/91
Meadows Phase II, Block E, Lot 6 01/24/91
Cat Hollow Sec. 9, Block J, Lot 2 02/11/91
Meadows Phase II, Block D, Lot 17 01/19/91
Meadows Phase II, Block F, Lot 12 01/19/91
Cat Hollow Sec. 7, Block H, Lot 9 02/19/91
Cat Hollow Sec. 5, Block A, Lot 3 02/25/91
Cat Hollow Sec. 7, Block F, Lot 2 02/27/91
Cat Hollow Sec. 9, Block G, Lot 20 03/06/91
Cat Hollow Sec. 9, Biock G, Lot 19 03/14/91
Cat Hollow Sec. 7, Block A, Lot 2 03/14/91
Meadows Phase II, Block B, Lot 38 03/19/91
Cat Hollow Sec. 7, Block A, Lot 29 03/26/91
Meadows Phase II, Block E, Lot 17 04/17/91
Cat Hollow Sec. 9, Block F, Lot 8 04/17/91
Cat Hollow Sec. 7, Block H, Lot 3 04/22/91
Meadows Phase II, Block J, Lot 3 04/30/91
Meadows Phase II, Block J, Lot 25 06/17/91
Meadows Phase II, Block H, Lot 9 07/01/91
Meadows Phase II, Block J, Lot 24 07/18/91
Meadows Phase II, Block J, Lot 27 07/18/91
Meadows Phase II, Block J, Lot 20 08/28/91
Meadows Phase II, Block J, Lot 21 08/28/91
Meadows Phase II, Block J, Lot 26 08/30/91
Meadows Phase II, Block J, Lot 28 10/10/91
Meadows Phase II, Block J, Lot 7 11/05/91
Meadows Phase II, Block P, Lot 2 11/05/91
Meadows Phase II, Block P, Lot 17 11/08/91
Meadows Phase II, Block J, Lot 37 11/14/91
Meadows Phase II, Block J, Lot 34 11/19/91
Meadows Phase Ii, Block J, Lot 36 12/05/91
Meadows Phase II, Block P, Lot 7 12/12/91
Meadows Phase II, Block J, Lot 35 12/19/91
Cat Hollow Sec. 9, Block G, Lot 4 05/13/91
Meadows Phase II, Block B, Lot 39 05/14/91
Cat Hollow Sec. 9, Block G, Lot 17 05/15/91
Cat Hollow Sec. 7, Block G, Lot 18 05/15/91
Meadows Phase II, Block V, Lot 1 05/23/91
Meadows Phase II, Block E, Lot 25 05/23/91
Cat Hollow Sec. 7, Block A, Lot 18 05/28/91
Meadows Phase II, Block C, Lot 24 05/28/91
Meadows Phase II, Block F, Lot 6 06/12/91
Meadows Phase II, Block C, Lot 16 06/17/91
Meadows Phase II, Block C, Lot 25 06/17/91
Meadows Phase II, Block C, Lot 18 06/21/91
Meadows Phase II, Block B, Lot 40 06/21/91
Meadows Phase II, Block E, Lot 20 06/24/91
Meadows Phase II, Block B, Lot 25 06/24/91
Meadows Phase II, Block E, Lot 41 06/24/91
Cat Hollow Sec. 9, Block G, Lot 14 07/19/91
Cat Hollow Sec. 9, Block J, Lot 7 07/19/91
Meadows Phase II, Block F, Lot 23 07/30/91
Meadows Phase II, Block F, Lot 5 08/06/91
Meadows Phase II, Block C, Lot 20 08/06/91
Meadows Phase II, Block E, Lot 24 08/06/91
Meadows Phase II, Block D, Lot 21 08/30/91
Meadows Phase II, Block E, Lot 13 09/06/91
Meadows Phase II, Block E, Lot 9 09/06/91
Meadows Phase II, Block B, Lot 35 09/11/91
Meadows Phase II, Block B, Lot 34 09/11/91
Meadows Phase II, Block B, Lot 3 09/16/91
Meadows Phase II, Block F, Lot 9 09/16/91
Meadows Phase II, Block F, Lot 27 09/16/91
Meadows Phase II, Block E, Lot 28 09/16/91
Meadows Phase II, Block E, Lot 37 09/16/91
Meadows Phase II, Block C, Lot 26 09/20/91
Cat Hollow Sec. 9, Block G, Lot 12 09/30/91
Meadows Phase II, Block F, Lot 3 10/08/91
Meadows Phase II, Block B, Lot 29 10/08/91
Meadows Phase II, Block C, Lot 27 10/08/91
Meadows Phase II, Block E, Lot 45 11/12/91
Meadows Phase II, Block E, Lot 52 11/12/91
Meadows Phase II, Block E, Lot 35 11/14/91
Meadows Phase II, Block D, Lot 23 11/14/91
Meadows Phase II, Block E, Lot 35 11/14/91
Meadows Phase II, Block D, Lot 23 11/14/91
Meadows Phase II, Block E, Lot 3 11/14/91
Meadows Phase II, Block E, Lot 3 11/14/91
Meadows Phase II, Block E, Lot 23 11/27/91
Meadows Phase II, Block F, Lot 2 11/27/91
Cat Hollow Sec. 7, Block A, Lot 5 12/05/91
Cat Hollow Sec. 9, Block G, Lot 16 12/12/91
Cat Hollow Sec. 7, Block H, Lot 12 12/18/91
Meadows Phase II, Block P, Lot 8 01/22/92
Meadows Phase II, Block J, Lot 5 02/04/92
Meadows Phase II, Block H, Lot 8 02/06/92
Meadows Phase II, Block J, Lot 33 02/12/92
Meadows Phase II, Block P, Lot 11 02/27/92
Meadows Phase II, Block P, Lot 9 03/10/92
Meadows Phase II, Block 0, Lot 2 03/10/92
Meadows Phase II, Block 0, Lot 4 04/01/92
Meadows Phase II, Block J, Lot 29 04/01/92
Meadows Phase II, Block J, Lot 31 04/09/92
Meadows Phase II, Block J, Lot 39 04/09/92
Meadows Phase II, Block J, Lot 10 04/10/92
Meadows Phase II, Block J, Lot 22 04/16/92
Meadows Phase II, Block J, Lot 6 04/30/92
Meadows Phase II, Block P, Lot 13 05/11/92
Meadows Phase II, Block J, Lot 38 05/14/92
Meadows Phase II, Block H, Lot 5 05/15/92
Meadows Phase II, Block J, Lot 15 05/20/92
Meadows Phase II, Block P, Lot 5 05/26/92
Meadows Phase II, Block H, Lot 10 06/05/92
Meadows Phase II, Block H, Lot 12 06/11/92
Meadows Phase II, Block H, Lot 7 06/11/92
Meadows Phase II, Block P, Lot 3 06/12/92
Meadows Phase II, Block 0, Lot 3 06/16/92
Meadows Phase II, Block J, Lot 19 06/17/92
Meadows Phase II, Block H, Lot 13 06/17/92
Meadows Phase II, Block J, Lot 17 06/23/92
Meadows Phase II, Block P, Lot 15 06/29/92
Meadows Phase II, Block J, Lot 23 07/13/92
Meadows Phase II, Block H, Lot 26 07/13/92
Meadows Phase II, Block K, Lot 13 08/11/92
Meadows Phase II, Block P, Lot 4 08/18/92
Meadows Phase II, Block J, Lot 30 08/25/92
Meadows Phase II, Block P, Lot 16 09/01/92
Meadows Phase II, Block P, Lot 20 09/01/92
Meadows Phase II, Block P, Lot 10 09/01/92
Meadows Phase II, Block P, Lot 19 09/01/92
Meadows Phase II, Block J, Lot 15 09/10/92
Meadows Phase II, Block J, Lot 18 09/10/92
Meadows Phase II, Block H, Lot 24 09/10/92
Meadows Phase II, Block H, Lot 32 09/10/92
Meadows Phase II, Block H, Lot 36 09/10/92
Meadows Phase II, Block H, Lot 37 09/10/92
Meadows Phase II, Block P, Lot 1 09/11/92
Meadows Phase II, Block J, Lot 12 09/16/92
Meadows Phase II, Block P, Lot 9 09/17/92
Meadows Phase II, Block J, Lot 8 09/17/92
Meadows Phase II, Block C, Lot 23 01/02/92
Meadows Phase II, Block E, Lot 42 01/07/92
Meadows Phase II, Block F, Lot 22 01/15/92
Meadows Phase II, Block E, Lot 44 01/20/92
Cat Hollow Sec. 7, Block A, Lot 5 01/21/92
Cat Hollow Sec. 9, Block G, Lot 16 01/21/92
Cat Hollow Sec. 7, Block H, Lot 12 02/04/92
Cat Hollow Sec. 7, Block H, Lot 12 02/06/92
Meadows Phase II, Block E, Lot 36 02/06/92
Cat Hollow Sec. 7, Block A, Lot 9 02/06/92
Cat Hollow Sec. 7, Block A, Lot 6 02/06/92
Cat Hollow Sec. 7, Block A, Lot 3 02/17/92
Meadows Phase II, Block C, Lot 21 02/20/92
Meadows Phase II, Block B, Lot 24 02/20/92
Meadows Phase II, Block E, Lot 49 02/20/92
Cat Hollow Sec. 9, Block J, Lot 1 02/27/92
Cat Hollow Sec. 5, Block D, Lot 3 03/04/92
Cat Hollow Sec. 5, Block D, Lot 4 03/04/92
Meadows Phase II, Block A, Lot 3 03/10/92
Cat Hollow Sec. 9, Block G, Lot 11 03/13/92
Cat Hollow Sec. 9, Block G, Lot 5 03/13/92
Cat Hollow Sec. 5, Block C, Lot 4 03/13/92
Cat Hollow Sec. 5, Block J, Lot 3 03/13/92
Meadows Phase II, Block F, Lot 11 03/20/92
Meadows Phase II, Block E, Lot 47 03/23/92
Meadows Phase II, Block E, Lot 51 03/23/92
Meadows Phase II, Block C, Lot 22 03/23/92
Meadows Phase II, Block A, Lot 5 03/30/92
Meadows Phase II, Block V, Lot 2 04/03/92
Cat Hollow Sec. 9, Block E, Lot 2 04/03/92
Cat Hollow Sec. 7, Block B, Lot 6 04/04/92
Cat Hollow Sec. 9, Block F, Lot 4 04/08/92
Meadows Phase II, Block D, Lot 22 04/09/92
Cat Hollow Sec. 9, Block F, Lot 2 04/22/92
Meadows Phase II, Block B, Lot 11 04/23/92
Meadows Phase II, Block E, Lot 47 04/23/92
Meadows Phase II, Block C, Lot 51 04/24/92
Meadows Phase II, Block C, Lot 22 04/24/92
Meadows Phase II, Block B, Lot 5 04/30/92
Cat Hollow Sec. 9, Block E, Lot 1 05/08/92
Cat Hollow Sec. 9, Block G, Lot 7 05/15/92
Cat Hollow Sec. 7, Block H, Lot 6 05/20/92
Cat Hollow Sec. 7, Block A, Lot 27 05/22/92
Cat Hollow Sec. 9, Block D, Lot 3 05/22/92
Meadows Phase II, Block D, Lot 1 05/26/92
Cat Hollow Sec. 7, Block F, Lot 4 05/26/92
Cat Hollow Sec. 7, Block C, Lot 7 05/26/92
Cat Hollow Sec. 9, Block H, Lot 5 06/02/92
Cat Hollow Sec. 9, Block H, Lot 6 06/02/92
Meadows Phase II, Block F, Lot 4 06/05/92
Cat Hollow Sec. 7, Block A, Lot 30 06/15/92
Meadows Phase II, Block D, Lot 8 06/15/92
Meadows Phase II, Block A, Lot 16 06/19/92
Cat Hollow Sec. 7, Block C, Lot 6 06/22/92
Cat Hollow Sec. 7, Block B, Lot 5 06/22/92
Cat Hollow Sec. 7, Block A, Lot 22 06/30/92
Meadows Phase II, Block E, Lot 26 06/30/92
Meadows Phase II, Block E, Lot 34 06/30/92
Cat Hollow Sec. 7, Block A, Lot 32 07/13/92
Cat Hollow Sec. 9, Block G, Lot 2 07/13/92
Meadows Phase II, Block E, Lot 39 07/15/92
Cat Hollow Sec. 9, Block G, Lot 9 07/24/92
Meadows Phase II, Block A, Lot 13 07/24/92
Meadows Phase II, Block B, Lot 11 07/24/92
Meadows Phase II, Block B, Lot 6 07/27/92
Meadows Phase II, Block B, Lot 7 07/27/92
Meadows Phase II, Block C, Lot 19 07/27/92
Cat Hollow Sec. 9, Block F, Lot 3 07/27/92
Cat Hollow Sec. 9, Block G, Lot 3 07/29/92
Cat Hollow Sec. 9, Block G, Lot 6 08/10/92
Meadows Phase II, Block F, Lot 19 08/18/92
Cat Hollow Sec. 7, Block J, Lot 3 08/20/92
Cat Hollow Sec. 9, Block G, Lot 3 08/20/92
Meadows Phase II, Block B, Lot 33 08/24/92
Cat Hollow Sec. 9, Block H, Lot 2 08/24/92
Cat Hollow Sec. 9, Block C, Lot 2 08/24/92
Meadows Phase II, Block B, Lot 8 08/27/92
Meadows Phase II, Block B, Lot 9 08/27/92
Meadows Phase II, Block A, Lot 12
Cat Hollow Sec. 7, Block C, Lot 8
08/28/92
08/31/92
EXHIBIT "C ", PAGE 1 OF 7
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
VS. § WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now come HIGHLAND MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT VENTURE, FIRST
HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT CORPORATION,
THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL UTILITY
DISTRICT and file this their agreed motion to dismiss with
prejudice all claims of the City of Round Rock against Highland
Management, Inc., Hy -Land Joint Venture, Hy -Land North Joint
Venture, E.C. Joint Venture, First Hotel Investments Corporation,
Westinghouse Credit Corporation, and the Brushy Creek Municipal
Utility District and all claims of Highland Management, Inc., Hy-
Land Joint Venture, Hy -Land North Joint Venture, E.C. Joint
Venture, First Hotel Investments Corporation, Westinghouse Credit
Corporation, and the Brushy Creek Municipal Utility District
against the City of Round Rock in the above - styled and numbered
cause. As grounds, the parties would respectfully show:
AGREED MOTION TO DISMISS
Page 1 of 4
EXHIBIT "C ", PAGE 2 OF 7
I.
The parties have amicably compromised, settled and
resolved the disputes among them.
WHEREFORE, PREMISES CONSIDERED, the parties pray that the
Court dismiss with prejudice to the refiling of same all claims
of the City of Round Rock against Highland Management, Inc., Hy-
Land Joint Venture, Hy -Land North Joint Venture, E.C. Joint
Venture, First Hotel Investments Corporation, Westinghouse Credit
Corporation, and the Brushy Creek Municipal Utility District and
all claims of Highland Management, Inc., Hy -Land Joint Venture,
Hy -Land North Joint Venture, E.C. Joint Venture, First Hotel
Investments Corporation, Westinghouse Credit Corporation, and the
Brushy Creek Municipal Utility District against the City of Round
Rock in the above - styled and numbered cause, each party to bear
its own costs of Court.
AGREED MOTION TO DISMISS
Page 2 of 4
EXHIBIT "C ", PAGE 3 OF 7
Respectfully submitted,
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND
MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE,
FIRST HOTEL INVESTMENTS
CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
BROWN McCARROLL SHEETS &
CROSSFIELD, L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
Stephan L. Sheets
State Bar No. 18180800
ATTORNEYS FOR THE CITY OF
ROUND ROCK
AGREED MOTION TO DISMISS
Page 3 of 4
EXHIBIT °C°, PAGE 4 OF 7
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578200
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED MOTION TO DISMISS
Page 4 of 4
EXHIBIT "C ", PAGE 5 OF 7
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
§
VS. § WILLIAMSON COUNTY, TEXAS
§
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED ORDER OF DISMISSAL
On the agreed motion of HIGHLAND MANAGEMENT, INC., HY-
LAND JOINT VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT
VENTURE, FIRST HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT
CORPORATION, THE CITY OF ROUND ROCK, AND BRUSHY CREEK MUNICIPAL
UTILITY DISTRICT to dismiss with prejudice all claims of the City
of Round Rock against Highland Management, Inc, Hy -Land Joint
Venture, First Hotel Investments Corporation, Westinghouse Credit
Corporation, and Brushy Creek Municipal Utility District and all
claims of Highland Management, Inc, Hy -Land Joint Venture, First
Hotel Investments Corporation, Westinghouse Credit Corporation,
and Brushy Creek Municipal Utility District against the City of
Round Rock in the above- styled and numbered cause, and it
appearing to the Court that there is good cause therefor, it is
ORDERED that the above- styled and numbered cause,
including all claims of the City of Round Rock against Highland
Management, Inc, Hy - Land Joint Venture, First Hotel Investments
Corporation, Westinghouse Credit Corporation, and Brushy Creek
Municipal Utility District and all claims of Highland Management,
AGREED ORDER OF DISMISSAL
Page 1 of 3
EXHIBIT "C ", PAGE 6 OF 7
Inc, Hy -Land Joint Venture, First Hotel Investments Corporation,
Westinghouse Credit Corporation, and Brushy Creek Municipal
Utility District against the City of Round Rock therein, be and
are hereby, DISMISSED WITH PREJUDICE, each party to bear its own
costs of Court.
SIGNED this day of , 1997.
JUDGE PRESIDING
AGREED ORDER OF DISMISSAL
Page 2 of 3
AGREED:
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
EXHIBIT "C ", PAGE 7 OF 7
ATTORNEYS FOR HIGHLAND MANAGEMENT, INC.,
HY -LAND JOINT VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE, FIRST HOTEL
INVESTMENTS CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
BROWN McCARROLL SHEETS & CROSSFIELD, L.L.P.
309 E. Main Street
Round Rock, Texas 78664
512/255 -8877
FAX: 512/255 -8986
By
Stephan L. Sheets
State Bar No. 18180800
ATTORNEYS FOR THE CITY OF ROUND ROCK
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664 ,
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578200
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED ORDER OF DISMISSAL
Page 3 of 3
EXHIBIT "D ", PAGE 1 OF 4
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL.,
VS. § • WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Now come HIGHLAND MANAGEMENT, INC., HY - LAND JOINT
VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT VENTURE, FIRST
HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT CORPORATION,
AND BRUSHY CREEK MUNICIPAL UTILITY DISTRICT and file this their
agreed motion to dismiss with prejudice all claims in the above -
styled and numbered cause. As grounds, the parties would
respectfully show:
I.
The parties have amicably compromised, settled and
resolved the disputes among them.
WHEREFORE, PREMISES CONSIDERED, the parties pray that the
Court dismiss with prejudice to the refiling of same all claims
in the above - styled and numbered cause, each party to bear its
own costs of Court.
AGREED MOTION TO DISMISS
Page 1 of 2
EXHIBIT "D ", PAGE 2 OF 4
Respectfully submitted,
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND
MANAGEMENT, INC., HY -LAND JOINT
VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE,
FIRST HOTEL INVESTMENTS
CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578200
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
AGREED MOTION TO DISMISS
Page 2 of 2
EXHIBIT "D ", PAGE 3 OF 4
NO. 91- 257 -C26
HIGHLAND MANAGEMENT, INC. § IN THE DISTRICT COURT OF
ET AL., §
§
VS. § WILLIAMSON COUNTY, TEXAS
THE CITY OF ROUND ROCK, TEXAS, §
ET AL., §
§ 26TH JUDICIAL DISTRICT
AGREED ORDER OF DISMISSAL
On the agreed motion of HIGHLAND MANAGEMENT, INC., HY-
LAND JOINT VENTURE, HY -LAND NORTH JOINT VENTURE, E.C. JOINT
VENTURE, FIRST HOTEL INVESTMENTS CORPORATION, WESTINGHOUSE CREDIT
CORPORATION, AND BRUSHY CREEK MUNICIPAL UTILITY DISTRICT to
dismiss with prejudice all claims in the above- styled and
numbered cause, and it appearing to the Court that there is good
cause therefor, it is
ORDERED that the above - styled and numbered cause,
including all claims therein, be and are hereby, DISMISSED WITH
PREJUDICE, each party to bear its own costs of Court.
SIGNED this day of , 1997.
JUDGE PRESIDING
AGREED ORDER OF DISMISSAL
Page 1 of 2
AGREED:
GRAVES DOUGHERTY HEARON & MOODY
A Professional Corporation
2300 NationsBank Tower
515 Congress Avenue
P. O. Box 98
Austin, Texas 78767
512/480 -5600
FAX: 512/478 -1976
By
John J. McKetta, III
State Bar No. 13711500
ATTORNEYS FOR HIGHLAND MANAGEMENT, INC.,
HY -LAND JOINT VENTURE, HY -LAND NORTH JOINT
VENTURE, E.C. JOINT VENTURE, FIRST HOTEL
INVESTMENTS CORPORATION AND WESTINGHOUSE
CREDIT CORPORATION
DIETZ & ASSOCIATES, P.C.
106 Fannin Avenue East
Round Rock, Texas 78664
512/244 -9314
FAX: 512/244 -3766
By
R. Mark Dietz
State Bar No. 10578200
ATTORNEYS FOR BRUSHY CREEK
MUNICIPAL UTILITY DISTRICT
EXHIBIT "D ", PAGE 4 OF 4
AGREED ORDER OF DISMISSAL
Page 2 of 2
DATE: May 6, 1997
SUBJECT: City Council Meeting - May 8, 1997
ITEM: 16.D. Consider a resolution authorizing the Mayor to execute a
compromise and settlement agreement and release of all claims
regarding Cause No. 91- 257 -C26; Highland Management, Inc., et al
vs. City of Round Rock, et al.