CM-2017-1333 - 3/3/2017COMPROMISE SETTLEMENT AGREEMENT AND RELEASE
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Williamson
This Compromise Settlement Agreement and Release (hereinafter
referred to as the "Release") is entered into by and between Oncor Electric
Delivery Company LLC, their respective agents, representatives, employees,
servants, affiliates, parents, subsidiaries, shareholders, officers, directors,
successors, and assigns, and predecessors (hereinafter collectively referred to
as the "Released Parties") and City Of Round Rock, representatives, agents,
executors, heirs, administrators, estates, assigns and all others claiming under
or derivative of them (hereinafter referred to collectively as "Releasing Party").
WHEREAS, Releasing Party has asserted claims against Released
Parties alleging -- Damages to sewer line located at 3201 S. IH 35 in Round
Rock, Travis County, Texas on or about April, 1987 and that Released Parties
are liable to Releasing Party for said loss (hereinafter referred to as the
"Occurrence"), and WHEREAS, Released Parties without admitting any liability
to the various claims, and allegations and continuing to deny same, in the light
of the uncertainties of litigation and being desirous of minimizing the costs that
would be incurred thereby, are desirous of resolving their differences, and in
compromising and settling ALL CLAIMS which have been alleged, suggested,
involved, asserted or which could have been alleged as a result of the
Occurrence.
Compromise Settlement Agreement and Release - Page 1
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, it is
hereby agreed as follows:
THAT, for and in consideration of the sum Forty Five Thousand Eight
Hundred Fifty and No/ 100 Dollars ($45,850.00), the receipt and sufficiency of
which is hereby acknowledged and confessed, Releasing Party City Of Round
Rock does hereby COMPROMISE SETTLE AND FULLY RELEASE ACQUIT AND
FOREVER DISCHARGE Released Parties of and from any and ALL CLAIMS,
liabilities, losses, expenses, damages, demands, judgments, causes of action,
suits or controversies of any kind whatsoever, including, but not limited to,
those arising from negligence, gross negligence, and/or strict liability of
Released Parties, whether known or unknown, whether in tort or in contract,
whether now existing or accruing in the future, which Releasing Party have held
or holds against Released Parties which either directly or indirectly relate to or
grow out of the Occurrence, including, but not limited to, claims of common
law, or pursuant to the laws of the United States, and/or of the State of Texas
or any other laws, statutes or federal or state regulations, and all claims or
causes of action which were alleged or asserted or which could have been or
could in the future be asserted as the subject of an independent action in this
or any other forum.
THAT, Released Parties will make payment to Releasing Party in the
following manner: Oncor Electric Delivery Company provides payment of
$45,850.00 and
Compromise Settlement Agreement and Release - Page 2
THAT, Releasing Party understands and agrees that the aforesaid
payment is in FULL satisfaction of any and ALL CLAIMS arising on account of
the Occurrence, and that Releasing Party will receive no further sums of money
and agrees not to assert or prosecute any other claims or lawsuits against
Released Parties.
THAT further, in order to procure the consideration under this Release,
Releasing Party City Of Round Rock, does hereby warrant and represent that
there are no liens of any nature, or assignments, or subrogation with reference
to any claims, liability or damages or in any way arising out of the Occurrence
or relating to the monies paid to Releasing Party is authorized to execute this
Release on behalf herself or anyone with beneficial rights to said monies and
that there are no valid claims from anyone else to said sums and that
Releasing Party does, for the same consideration, agree to fully indemnity
and hold harmless Released Parties from any and all claims, liabilities and
damages arising out of the Occurrence, whether or not caused by the sole,
concurrent or any negligence, gross negligence, strict liability, or other
fault of Released Parties.
For the same consideration the Releasing Party and Released Parties
hereto expressly acknowledge and agree that this settlement is a compromise of
a doubtful and disputed claim and that payment is not to be construed as an
admission of liability on part of the Released Parties and is intended merely to
minimize costs connected with burdensome litigation as to any claims of the
Releasing Party connected with the Incident and the Releasing Party agrees not
Compromise Settlement Agreement and Release - Page 3
to refer to or use this Release or payment hereunder in connection with any
litigation. This Release contains the entire agreement between the Releasing
Party and Released Parties hereto, and the terms of this Release are contractual
and not merely recitals.
In making this Release, the Releasing Party and Released Parties hereto
have not relied upon any statement or representative pertaining to this matter
made by the person, persons, firms, organizations, or corporations, who are
hereby released, or by a person or persons representing them.
CONFIDENTIALITY
Releasing Party hereby expressly acknowledges and agrees that all
negotiations pertaining to the settlement of this Occurrence, including the
terms and conditions of this Agreement, shall remain confidential and shall not
be disclosed by Releasing Party to any third party, individual or entity, except
as required by law. Releasing party agrees not to discuss the settlement of this
Occurrence or the terms and conditions of this Agreement, with any reporter,
newspaper, magazine, talk show, television show or station, radio show or
station, group, seminar, church group, support group, or any other third party,
individual or entity without the prior written consent of Oncor Electric Delivery
Company LLC, except that Releasing Party may state that the Occurrence has
been resolved. Releasing Party agrees not to copy this Compromise Settlement
and Release Agreement and cause such copy to be delivered to any third party,
individual or entity, except as required by law, or as necessary to enforce this
Agreement.
Compromise Settlement Agreement and Release - Page 4
Notwithstanding the foregoing, the Releasing Party, as a Texas political
subdivision, is committed to compliance with the Texas Public Information Act.
If information related to this Compromise Settlement and Release Agreement is
requested under the Texas Public Information Act, the Releasing Party shall
follow the standards set out in the Act and under the Texas Attorney General's
procedures for such requests.
The undersigned City of Round Rock acknowledges they have carefully
read the foregoing COMPROMISE SETTLEMENT AGREEMENT and RELEASE;
has the authority to sign the RELEASE; and that they sign the same as their
own free act and deed.
WITH OUR HANDS THIS 3 r� day of an , 2017.
City Of Round Rock (^AU4;4lr y- awm�N G -(Z
STATE OF I ems
1' r
COUNTY OF V�I ucamso►'1
BEFORE ME, the undersigned authority, on this C.�3 r� day
Of 100 L 2017personallyappeared t� .o LLrle -i�C Lai
known to me to be the person whose name is subscribed to e foregoing
instrument, and acknowledged to me that the same was the act of the said City
Of Round Rock, and that she executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this c�
day of `J(1(Acjt,\2017.
Notary �Iicandr the
My Commissi94 Expires:
State of. I CYAS
Compromise Settlement Agreement and Release - Page 5
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ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Compromise Settlement Agreement and Release
with Oncor Electric Delivery Company LLC regarding sewer line located at
3201 S. IH 35.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/3/2017
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: Agreement_Oncor.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2017-1333
Consider executing a Compromise Settlement Agreement and Release with Oncor
Electric Delivery Company LLC regarding sewer line located at 3201 S. IH 35.
Many years ago Oncor Electric damaged a City 21" wastewater main located along
Gilleland Creek at 3201 S. IH 35, but Oncor was not aware of the damages until
recently. The cost of the repair was $45,850 and was conducted by a City hired
contractor. Oncor agreed to reimburse the City for this cost as part of this Compromise
Settlement Agreement. This Agreement and Release is for reimbursement from Oncor
Electric for repairs to damaged wastewater main in the amount of $45,850.
City of Round Rock Page 1 Printed on 31212017