CM-10-06-118FULL AND FINAL RELEASE
This is a Full and Final Release ("Release") between the City of Round Rock, Texas ( the
"Round Rock") and Austin Filter Systems, Inc. ("AFS") on the latter date subscribed. Round Rock
and AFS are referenced as a "Party" or collectively as "Parties."
WHEREAS, a dispute exists between Round Rock and AFS concerning that certain Contract
for South Creek Channel Improvements, originally dated May 2006 and signed by Nyle Maxwell in
his capacity as Mayor of Round Rock on August 22, 2006, and Mark Toungate as principal of AFS
on July 27, 2006 ("the Contract");
WHEREAS, the Parties executed that certain Settlement Agreement to resolve the dispute
regarding the Contract on May 1, 2009 (the "Settlement Agreement"),
WHEREAS, a dispute exists regarding the performance of the Parties under the Settlement
Agreement,
WHEREAS, the Parties seek to peacefully resolve any dispute and avoid litigation and fully
and finally resolve all issues related to or arising from the Contract and the Settlement Agreement;
NOW THEREFORE, the Parties hereby agree to the following full and final release of all
claims related to or arising from the Contract and the Settlement agreement plus other good and
valuable consideration, the adequacy of which is acknowledged:
TERMS OF FULL AND FINAL RELEASE
1) The recitals above are incorporated herein.
2) AFS, for and in consideration of the payment of TWELVE THOUSAND and NO/100
($12,000.00) DOLLARS and other good and valuable consideration in hand paid to AFS by
Round Rock, the receipt and sufficiency of which is hereby acknowledged, hereby releases
Round Rock from all claims, demands, causes of action, duties and/or obligations arising
from or directly related to the Contract and/or the Settlement Agreement.
3) Round Rock, for and in consideration of the above release by AFS and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
releases AFS from all claims, demands, causes of action, duties and/or obligations arising
from or directly related to the Contract and/or the Settlement Agreement.
4) This Release shall inure to the benefit of and be binding upon successors and assigns of each
of the Parties hereto respectively.
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5) Each Party hereby represents and warrants that it has the authority to enter into this Release.
6) This Release may be executed in one or more counterparts, all of which together shall be
deemed to be one instrument.
1N WITNESS WHEREOF, the above has been agreed.
Aust /ilt
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Mark Toungate - President
Print Name and Title
Date
City of Round Rock
Jajsju E.
Print Name and Title
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
Department:
City Manager Approval Summary Sheet
Consider executing a Full and Final Release with Austin Filter System, Inc. for the South
Creek Channel Improvements project
June 4, 2010
PW - Engineering
Project Manager:
Eddie Zapata
Item Summary:
The City previously executed a Settlement Agreement with Austin Filter Systems, Inc. (AFS) for the South Creek
Channel Improvements project. Under said Settlement Agreement, the City released all but $24,000.00 of the
contract retainage until vegetation had been established by AFS. Efforts were made by AFS to establish vegetation
and AFS believes that the project specifications have been met. However, the City does not concur that said
specifications have been entirely satisfied.
This Full and Final Release Agreement would peacefully resolve this and any disputes between AFS and the City of
Round Rock, and fully and finally resolve all issues associated with the South Creek Channel Improvements contract
(approved August 22, 2006) and the Settlement Agreement (approved May 1, 2009). Under this Full and Final
Release, the City would make a final payment to AFS equal to half ($12,000.00) of the outstanding $24,000.00
outlined in the Settlement Agreement.
Strategic Plan Relevance:
4.0 Improve the aesthetics, development and redevelopment quality, and sustainability of the City
6.0 Protect and preserve the natural areas of the City to include parks, floodplains, and open spaces
29.0 Provide for effective management of storm water
Cost: $12,000 (previously included in the aforementioned Settlement Agreement)
Source of Funds: 2002 General Obligation Bonds