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R-98-04-23-10D5 - 4/23/1998WHEREAS, Renna Construction, Inc. d /b /a Renna Homes and the City of Round Rock have been involved in a dispute wherein Renna Homes asserts that it has sustained damages because the City's sewer line is located outside public utility easements of property owned by Renna Homes, and WHEREAS, the aforesaid parties have determined that they wish to avoid further trouble, litigation and expense by resolving and settling amongst themselves all controversies and disputes 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 Full and Complete Compromise Settlement Agreement and Mutual Release, a copy of said agreement being attached hereto. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of April, 198. ATTEST: E LAND, City Secretary a=\ WPDDCS \RSSOLDTI \R80933D5.NPD /SCg RESOLUTION NO. R- 98- 04- 23 -10D5 CHARLES CULPEPPER, Mayor City of Round Rock, Texas FULL AND COMPLETE COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Full and Final Compromise Settlement Agreement and Mutual Release (hereinafter referred to as "Agreement ") is entered into by and between the following parties (horein referred to as "Parties "): RENNA CONSTRUCTION, INC., doing business as RENNA HOMES, a Texas corporation, (herein referred to as "RENNA ") and the CITY OF ROUND ROCK, TEXAS, (herein referred to as "CITY ") WHEREAS, RENNA is the Owner of the following real property located in the City of Round Rock in Williamson County, Texas, to -wit: LOTS 27, 28, AND 29, BLOCK "A ", SOUTII CREEK - SECTION FIFTEEN (AMENDED), A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 155, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (herein referred to as the "Property "); WHEREAS, after RENNA acquired the Property it commenced construction of a single family residence on Lot 27 of the Properly for sale to one of its customers; and WI IEREAS, upon commencement of the construction of the single family residence on Lot 27 of the Property, RENNA and the CITY determined that a sewer line owned by the CITY on Lot 27 of the Property was not located within the 6 foot public utility easement along the south side property line of Lot 27 of the Property as recorded in Cabinet H, Slide 155, Plat Records of Williamson County, Texas or within any other recorded public utility casement on Lot 27 of the Property; and WHEREAS, RENNA has asserted that because the sewer line is not located within any recorded public utility easement on Lot 27 of the Property the said Lot 27 is not suitable or usable for the construction of a single family residence; and WHEREAS, RENNA notified the CITY that it has sustained and will sustain damages, both economic and otherwise, because the CITY's sewer line is located outside public utility easements on Lot 27 of the Property; and COMPROMISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE - PAGE 1 WHEREAS, the CITY claims that it is entitled to an easement across Lot 27 of the Property so that it has access to its sewer line located on Lot 27 of the Property; and WHEREAS, bona fide disputes and controversies exist between the Parties as to the CITY'S liability and the amount thereof, if any, for RENNA's claims, and as to the entitlement of the CITY to an easement on Lot 27 of the Property for access to its sewer line. By reason of such disputes and controversies the Parties desire to settle and release all rights, claims and causes of action of any kind whatsoever which each has or may have, known or unknown, in the present or future, arising out of or relating in any way to the location of the CITY's sewer line on Lot 27 of the Property, and intend that the full terms and conditions of the compromise and settlement be set forth in this Agreement. NOW, THEREFORE, in order to resolve disputes and controversies that exist between the Parties, and in consideration of the mutual promises herein, including the recitals set forth above, the promises of payment and mutual release as described herein, and the covenants contained or incorporated herein, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties, by their signatures, do hereby enter into this Agreement and do hereby promise, covenant, agree, and warrant as follows: RENNA agrees to the release in accordance with the applicable provisions below. 2. The CITY agrees to the release in accordance with the applicable provisions below. Each party to the Agreement and its predecessors -in- interest, successors -in- interest, assigns, agents, employees, attorneys, grantees, heirs, relatives and representatives does hereby discharge and release the other party to this Agreement, and as applicable, its respective employees, attorneys, agents, representatives, assigns, insurance companies, and affiliated or associated entities of whatever kind, from any and all claims, demands, actions, or causes of action of whatever kind or character which each party has or may have in the future, and which each party alleged or could have alleged, both actual and exemplary, whether at common law or under the statutes of the State of COMPROMISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE - PAGE 2 Texas, arising from or connected in any way to the location of CITY's sewer line on Lot 27 of the Property. CONSIDERATION In addition to the mutual acknowledgment of just consideration previously agreed to in this Agreement, the consideration for the releases stated above is as follows: 1. Within seven (7) days after the execution of this Agreement by the Parties the CITY will pay RENNA the sum of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) to settle all claims, demands, and causes of action of RENNA related to the CITY's sewer line on Lot 27 of the Property which is located outside the dedicated public utility easement; and 2. The CITY will waive any fees related to the replatting of the Property by RENNA if RENNA files an application with the CITY for the replatting of the Property as hereinafter provided; and 3. The CITY will provide RENNA with floor elevations for the replatting of the Property if RENNA files an application with the CITY for the replatting of the Property as hereinafter provided; and 4. Within thirty (30) days after the execution of this Agreement by the Parties RENNA will (a) file an application with the CITY for the replatting of the Property with provisions for two (2) residential lots rather than three (3) and with provisions for dedicated public utility casement along the south side Property line of the southern lot of the Property of sufficient width to include the CITY's sewer line, or (h) grant to the CITY a fifteen foot sewer line easement across its Property along the south properly line of Lot 27 of the Property. REPRESENTATIONS AND WARRANTIES The following representations and warranties shall survive the execution of this compromise and settlement Agreement and release and the completion of the settlement: COMPROMISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE - PAGE 3 (a) Each party to this Agreement warrants that it has the power and authority to enter into this Agreement and that this Agreement and all documents delivered pursuant to it are valid, binding and enforceable as a contract. (b) Each party warrants and represents that no consent, approval, authorization, or order of, and no notice to, or filing in any court, person, or entity is required as a prerequisite to execution, delivery, and performance of this Agreement. (c) Each party warrants and represents that it owns the claim or claims which it has asserted and that such claims have not been assigned or transferred to any other person or entity. (d) Each party warrants and represents that it is entirely familiar with the nature and extent of the alleged claims, actions, and causes of action and alleged damages, which are related to the transactions or conditions described herein and of its rights and remedies and that each has relied entirely upon its own judgment and that of its attorneys and that no representations, settlement, or inducement of any kind or character has been held up by any party to this Agreement to another to secure signatures to this instrument and that each party has freely and voluntarily signed this Agreement after making investigation to determine the true state of facts with reference to the question of legal liability. Texas. MISCELLANEOUS PROVISIONS This Agreement shall be governed and construed in accordance with the laws of the State of This Agreement shall be effective on the date it is executed by the last party to sign it. The Parties agree that this Agreement is entered into only to avoid further trouble, litigation, and expense, and it is further agreed that the Parties do not admit liability or damages to the other or to anyone else as a result of the events as described herein, and that each expressly denies any and all liability. COMPROMISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE - PAGE 4 The Parties acknowledge that this Agreement has been prepared by the joint effort of their respective attorneys. If any provision of this Agreement is or may be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. This Agreement represents the entire agreement of the Parties with regard to the transaction described herein and the terms of this Agreement are contractual and not mere recitals. This Agreement may be executed in several counter -parts, each of which shall be deemed an original. Signatures on facsimile copies shall have the same force and effect as originals. IN TESTIMONY HEREOF, witness our hands on date set forth below. RENNA CONSTRUCTION, INC., doing business as PENNA..i�ME5 r� B BY: TER RENNA, Presid CITY OF ROUND ROCK, TEXAS COMPROMISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE - PAGE 5 CHARLES PPER, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared WALTER RENNA, known to me or proven to me by Texas Driver's License No. 16361117, be the person whose name is subscribed to the foregoing agreement. He acknowledged to me that he executed and is duly authorized to execute the attached agreement in the name of and on behalf of RENNA CONSTRUCTION, INC., doing business as RENNA HOMES, a Texas corporation, for the purpose and consideration therein expressed. SUBSCRIBED TO AND SWORN BEFORE ME this the day of //) /', / , 1998. 1998. "° %'` JEANY JENKINS NOTARY PUBLIC State of Texas v' Comm Exp 0 8 - 2000 STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared CHARLES CULPEPPER, or proven to me by to be the person whose name is subscribed to the foregoing agreement. He acknowledged to me that he executed and is duly authorized to execute the attached agreement in the name of and on behalf of the CITY OF ROUND ROCK, TEXAS, for the purpose and consideration therein expressed. f 1d4ennarelenee.gen CHRISTINE R. MARTNEZ MY COMMISSIGN EXPIRES August 5, 2001 (ACKNOWLEDGMENTS) NflTAR ' 6BLI' . STATE OF SUBSCRIBED TO AND SWORN BEFORE ME this the COMPROMISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE - PAGE 6 LT UI day of a) NOTARY PUBLIC, STATE OF TEXAS DATE: April 16, 1998 SUBJECT: City Council Meeting - April 23,1998 ITEM: 10.D.5. Consider a resolution authorizing the Mayor to execute a Settlement Agreement with Renna Construction, Inc. d.b.a. Renna Homes for alleged damages to a lot on Jasmine Path caused by a sewer line being out of its assignment. The agreement provides for $15,000 to be shared equally by the City of Round Rock and the Engineering firm who provided the as- built plans in 1985. The lot will be re- subdivided by combining this lot with two adjacent lots. Staff Resource Person: Jim Nuse, Public Works Director