R-99-05-27-11C4 - 5/27/1999c:\ Taxi \CTTV \RESOLUT: \R90527ca . wen /,1,
RESOLUTION NO. R- 99- 05- 27 -11C4
WHEREAS, pursuant to that certain proposal for project
management services dated February 22, 1999, FAS Construction
management, Inc. ( "FAS ") provided project managmement services for the
City and Round Rock Baseball, Inc. ( "RRB ") for the Convention Center
Complex, and
WHEREAS, due to budgetary constraints and other considerations,
it has been determined that project management services for the
Convention Center Complex are no longer required, and
WHEREAS, FAS, RRB and the City with to extinguish all
obligations under the aforesaid proposal, 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 Mutual Release, a copy of said Mutual Release
being, attached hereto and incorporated herein for all purposes.
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 27th day of May, 1999.
E LAND, City Secretary
2.
ROB K1 STLUKA, Mayor
City of Round Rock, Texas
MUTUAL RELEASE
This mutual release, entered into on Tr.e t , t999 between The City of
Round Rock, Texas ("City"), Round Rock Baseball, Inc. ( "RRB ") and FAS Construction
Management, Inc. ( "FAS "), is intended by the parties to this release to effect the
extinguishment of obligations, as designated below.
With reference to that certain proposal for project management services dated
February 22, 1999 (attached here as Exhibit A), certain budgetary constraints and other
circumstances have arisen and the parties, who, in order to extinguish all obligations
under the proposal, execute this mutual release.
In consideration of the mutual relinquishment of their respective legal rights with
reference to any current or future disputes and in consideration of the execution of this
mutual release and of the payment by City and RRB to FAS of the sum of $26,670.00,
each of the parties expressly, voluntarily, and knowingly releases and forever discharges
the other, its heirs, executors, administrators, affiliates, subsidiaries, employees, directors,
shareholders, predecessors, successors, or assigns, from all liability from any and all
claims and demands related to and arising out of the proposal for project management
services and any performance of such project management services.
EACH OF THE PARTIES HEREBY VOLUNTARILY AND KNOWINGLY
RELEASES THE OTHER, ITS HEIRS, EXECUTORS, ADMINISTRATORS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, SHAREHOLDERS,
PREDECESSORS, SUCCESSORS, OR ASSIGNS FOR ANY AND ALL CLAIMS
WHICH EITHER PARTY, ITS HEIRS, EXECUTORS, ADMINISTRATORS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, SHAREHOLDERS,
PREDECESSORS, SUCCESSORS, OR ASSIGNS NOW HAS, OR MAY CLAIM TO
HAVE NOW OR IN THE FUTURE, AGAINST THE OTHER PARTY FOR ANY AND
ALL DAMAGES WHETHER OR NOT RESULTING FROM THE NEGLIGENCE,
GROSS NEGLIGENCE, MISCONDUCT OF ANY PERSON AND /OR STRICT
LIABILITY.
1
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FAS pQnstruction Management, Inc.
By: w t Lt. Asn ffl UOR't.aRck 7R.
Its: rizES per
Date: G// 9//
This instrument was ACKNOWLE GD ED, SUSCRIBED AND SWORN TO BEFORE
ME on this /-- day of , 19 , by Gv,'I / a , m. rzbace r
the — Pre J e n - r - of FAS Construction Management, Inc. on behalf of
said corporation. ( l
Notary Public
My commission expires: 8
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Cit ound Rock, exas
By: £OBEe7 /. ,STLLi 4, £.
Its: flh/Q /O,,
Date: <JUA1E 3 /999
This instrument was ACKNOWLEDGED, SUSCRIBED AND SWORN TO BEFORE
ME on this 3'Q' day of JUAJE , 19 99 , by Ramer A. 3ruie4, S,E
the /r1R yae, of CITY OF "exkuo #oc& on behalf of said
Wt. CITY of n ep�a, W .
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Notary Public: t_ 1.N.:b/11XJ k
My commission expires:
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JUDY L. DEREPENTIGNYy
NOTARY PUBLIC
STATE OF TEXAS
COMM. EXP. -28 -99
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CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
R. MARTINEZ
1S510N EXPIRES
t 5, 2001
This instrument was ACKNOWLEDGED, SUSCRIBED AND SWORN TO BEFORE
ME on this $ " day ofj , 19gc1 , by "Re.rd Ryan
the '?rc-Sltierri of 1 --- a, 0 0,_ - p,,,,,_bt..lt,SnO. on behalf of said
curuil Roc1.13c..eo 1 - Int.
Notary Public:
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.2 1.�I MY COMM,3SION EXPIRES
•
Nuamber 26, 2000
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,t8 -1999, 15:01
FRS CUMFHNIES 110 J44 bbb r.0 /0J
MUTUAL RELEASE
This mutual release, entered into on P7A.9 27, )q9 between The City of
Round Rock, Texas ( "City"), Round Rock Baseball", Inc. ( "RRB ") and FAS Construction
Management, Inc. ( "FAS "), is intended by the parties to this release to effect the
extinguishment of obligations, as designated below.
With reference to that certain proposal for project management services dated
February 22, 1999 (attached here as Exhibit A), certain budgetary constraints and other
circumstances have arisen and the parties, who, in order to extinguish all obligations
under the proposal, execute this mutual release.
In consideration of the mutual relinquishment of their respective legal rights with
reference to any current or future disputes and in consideration of the execution of this
mutual release and of the payment by City and RRB to FAS of the sum of $26,670.00,
each of the parties expressly, voluntarily, and knowingly releases and forever discharges
the other, its heirs, executors, administrators, affiliates, subsidiaries, employees, directors,
shareholders, predecessors, successors, or assigns, from all liability from any and all
claims and demands related to and arising out of the proposal for project management
services and any performance of such project management services.
EACH OF THE PARTIES HEREBY VOLUNTARILY AND KNOWINGLY
RELEASES THE OTHER, ITS HEIRS, EXECUTORS, ADMINISTRATORS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, SHAREHOLDERS,
PREDECESSORS, SUCCESSORS, OR ASSIGNS FOR ANY AND ALL CLAIMS
WHICH EITHER PARTY, ITS HEIRS, EXECUTORS, ADMINISTRATORS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, SHAREHOLDERS,
PREDECESSORS, SUCCESSORS, OR. ASSIGNS NOW HAS, OR MAY CLAIM TO
HAVE NOW OR IN THE FUTURE, AGAINST THE OTHER PARTY FOR ANY AND
ALL DAMAGES WHETHER OR NOT RESULTING FROM THE NEGLIGENCE,
GROSS NEGLIGENCE, MISCONDUCT OF ANY PERSON AND /OR STRICT
LIABILITY.
MAY -13 -1999 16:42
Notary Public:
FRS COMPANIES
FAS Construction Management, Inc.
By:
Its:
Date:
This instrument was ACKNOWLEDGED, SUSCRIBED AND SWORN TO BEFORE
ME on this day of , 19,, by
the of FAS Construction Management, Inc- on behalf of
said corporation.
Notary Public:
My commission expires:
Ci5, ofRo d'. - a
B). i, /'+ _ �...
Its: 'yn
Date: 3 -27 -99
This instrument was ACKNOWLEDGED, SUSCR.I f� AND SWORN TO BEFORE
ME on this 97 - day of m IgV/ 19 17 , by &ge !' A. Jrii-t,e4 4a
the MR OI of CITY Y OF £ I/ND 2C.e- on behalf of said
airy o I'OUJJO I is
My commission expires:
F -0 I
Bound
By:
Its: 5 i$14 ,Jr Abeioir2
Date: 4r /z/ i
This instrument was ACKNOWLEDGED, SUSCRIBED AND SWORN TO BEFORE
ME on this 0 11 51- day of m , 19 a ll, by
the = of . on behalf of said
My commission expires: Nor. aL ;InCo
210 344 8882 P.06/06
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5. 2001
(Carl!KeeeereavarCICIeeeer ii'tm,;eetereeteet <
Kathleen Laporte Schneider Z�
MY COMMISSION EXPIRES SS
November 26, 2000
2
DATE: May 21, 1999
SUBJECT: City Council Meeting, May 27, 1999
ITEM: 11.C.4. Consider a resolution authorizing the Mayor to execute a Mutual
Release Agreement with FAS and Round Rock Baseball, Inc. Staff
Resource Person: Jim Nuse, Public Works Director.