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Home My WebLink AboutRES 880359 - Reimburse Poarch UtilityRESOLUTION NO. WHEREAS, the City of Georgetown, is a municipal corporation located in Williamson County, Texas, and is hereinafter referred to as CITY, and Douglas and Cathy Poarch, husband and wife, residing at 3300 Cavu, Georgetown, Williamson County, Texas, are hereinafter referred to as POARCHI WHEREAS, the CITY Council finds that POARCH has made certain water line extension and sizing (improvements) by virtue of CITY regulations for the development of property in the vicinity of Pilot Place Roadj Georgetown, Texas, which, in part, benefit the CITY's utility system and that such improvements have incurred expenses to POARCH in excess of $18,000.00; WHEREAS, the nature of the developments made by POARCH are unique and not commonly found in other development in the City and that certain state regulations were imposed that have significantly impacted POARCH'S ability to develop these lots in the manner originally imposed; WHEREAS, the CITY Council finds that because of the unique features of the development, the state regulations limiting fevelopment of these lots, and the significant benefit to the - City's utility system by virtue of such improvements, it is equitable to reimburse POARCH for a certain amount of the expenses incurred; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS.* R� 0 �kN The Council adopts the above findings as true and correct and the same are incorporated verbatim herein as if fully set forth at length. The Council approves of the settlement agreement attached hereto and made a part hereof and authorizes the sum of $15,000 be appropriated from the Council Contingency fund to effectuate settlement and the Mayor is authorized to execute the agreement and the City Secretary to- o attest. RESOLVED this day of Cllci-t-a--, 1988. LTim Kennedy, 9Ayor Le Willoughby, City Secretary Approved: Diane lander City Attorney WHEREAS, the City of Georgetown, is a municipal corporation located in Williamson County, Texas, and is hereinafter referred to as CITY, and Douglas and Cathy Poarch are husband and wifet residing at 3300 Cavu Street, Georgetown, Williamson County, Texas, representing CARPOA CONSTRUCTION, INC., are hereinafter referred to as POARCH; WHEREAS, the CITY finds that in January, 1987, POARCH made certain water line extension and sizing (improvements) by virtue of CITY regulations which, in part, significantly benefit the CITY's utility system and have resulted in expenses to POARCH in excess of $18,000.00; WHEREAS, the unique nature of the development is not commonly found in other developments in the City' WHEREAS, certain regulations have reduced POARCH'S ability to develop these lots in the manner originally proposed; WHEREAS, there exists doubtful and disputed facts between POARCH and CITY as to the necessity and nature of improvements; WHEREAS, the parties agree to resolve the differences between them through a settlement agreement, NOW THEREFORE, IT IS AGREED AS FOLLOWS: W I T N E S S E T H: The CITY, acting by and through its duly authorized representative, and POARCH acting individually and on behalf of CARPOA CONSTRUCTION, INC., in consideration of the recitals above and the terms and conditions hereinafter set forth do hereby agree to be bound to same. This agreement arises from doubtful and disputed facts between CITY and POARCH regarding certain off-site water line improvements made in the vicinity of Pilot Place Road, Georgetown, Texas, from a City/Airport Well #8 to Air Country Estates, Sec4 II, by POARCH for which the nature and necessity of such forms the basis of the dispute between them. In the interest of settling this matter in the best interest of both the parties, the parties agree to be bound as follows: A. COMPENSATION CITY agrees to compensate, in cash, FIFTEEN THOUSAND DOLLARS AND NO ONE HUNDREDS (15,000..00) to POARCH for and in settlement of the disputed claims that arise between them. B. RELEASE OF ALL CLAIMS/INDEMNIFY 1. In consideration of the compensation to be paid by CITY in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00), POARCH, their heirs, successors, and assigns agree to waive, release, discharge and forever hold harmless the CITY, its successors and assigns from and any all claims, damages, or causes of action of any kind whatsoever, at common law, statutory or otherwise that presently exist or which in the future may arise that POARCH or CARPOA CONSTRUCTION, INC. has, known or unknown, as a result of POARCHS' or his contractors, subcontractors, representatives, and agents construction of the on and off-site water line improvements made on or about January, 1987, in the vicinity of Pilot Place Road from a City/Airport Well #8 to Air Country Estates, Sec. II, all such claims, causes of action or damages are hereby discharged as a result of this agreement. The release granted by virtue of this agreement shall only be effective for claims for damages arising out of the construction of water line improvements on site and off-site at or along Pilot Place Road, and is for no other purpose. 2. Poarch agrees to indemnify the City for any and all claims brought against it by virtue of any liens, damages or causes of e # from the constructionof on and off-site water improvements by POARCH or his successors, assigns, contractors, employeesj and agents, C. NON -WAIVER OF DEVELOPMENT POARCH understands and agrees that this agreement in no manner waives the City's right to recover capital recovery fees or other development fees for the property in the vicinity where improvements were placed. it. UTILIZATION• ► LINE IMPROVEMENT withoutIn addition to the release, POARCH agrees that the CITY, its successors and assigns ate entitled to utilize in any manner it sees fit the off-site facilities # damages or compensation to POARCH for its use. The parties agree that utilization includes but is not limited to connection to the off-site water line by CITY Or any other private person or entity that has permission from E. NON -DISCLOSURE rte. POARCH parties and that the settlement of the disputes is not an admission of liability nor shall it be construed against the CITY as to any rightfulfor reimbursement. Further, agreement not be construed or - • - -• to mean that any one or more of the City's subdivision ordinances is invalid. Therefore, POARCH agrees not to disclose verbally, in writing, or through or by other meansor - of communication way the settlement of . the terms of the agreement, nor discussions had with the City or other persons ra- « !'. • the settlementor disposition of this authoritymatter, unless ordered to do so by a court or other tribunal with : • command such disclosure. 1 A. BINDINGO. The is settlement agreement be binding i• a inure • the benefit of the parties and their respective heirs, representatives, • • B. ENTIRE AGREEMENT It is understood and agreed by the parties that this settlement agreement constitutes the entire agreement between the parties and supersedes any and all prior arrangements or understandings between them relating to the subject of this agreement. C. BINDING UPON CARPOA CONSTRUCTION, INC. Douglas Poarch covenants and: agrees that he is authorized to bind Carpoa Construction, Inc. to the terms and conditions of this agreement. D. LAW OF TEXAS SHALL APPLY/VENUE This agreement shall be governed by, construed and enforced in accordance with and subject to the laws of the State of Texas. In the event of dispute, venue for any and all causes of action shall be instituted and maintained in Williamson County, Texas. EXECUTED day of • CITY: `Kennedy, Kdyor " 0 J� ] city Secretary • • zid /Zt,' �.. t Dougl Poarch, Individually Cathy P'a ch, Individually On behalf of CARPOA CONSTRUCTION, INC.: CARPO TSU TI N, INC. Ti l C :2iai C#WA'y ati�aiTyt�l p� i7�i�i►�M r4y This instrument was acknowledged before me on the day of , 1988j by Douglas Poarch, President of Carpoa Construction,on behalf of r corporation, for purposes s- • agreement. Public, State of Printed Commission expires: Poarch Agreement/Pageof *a a WIN 0 IRLS1 MIKS181 Ilk v This instrument was acknowledged before me on the day of her- 1988, by Douglas Poarch. Notary P))6lic,jState of Texas Printeame: Commission expires: M This instrument was acknowledged before me on the day &,Iober 1, 1988, by Cathy Poarch. I :,/State of Texas M Y ; K ..., - 00, 0011r I.. M