HomeMy WebLinkAbout19451 ORD - 08/19/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT PARTIALLY SETTLING
CAUSE NO. 84-3818-B, PERMIAN/REPUBLIC--A JOINT VENTURE V.
CITY OF CORPUS CHRIST , T AS, ND ENT RINM NT'L ELEM NT
CIRPIR' ION, 'ND CA SE NO. 85-2,'1-B,
INC. V. CITY OF CORPUS CHRISTI, BY P YING E T ECTRMIAN/
P
RE UBLI S CONTR CB LANCE $460,145.73 IN SETTLEMENT
OF ITS CLAIM AGAINST THE CITY ARISING OUT OF OSO CONTRACT
NO. 4, PAYMENT TO F & E ERECTION OF $314,850 IN SETTLEMENT
OF SOME OF ITS CLAIMS AGAINST THE CITY; APPROPRIATING
$233,290; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute an
agreement partially settling Cause No. 84-3818-8, Permian Re ublic--a Joint
Venture v. Cit of Cor us Christi, Texas and Environmental E ements Corporation,
and ause No. : - ''1-B, & E rection Co., Inc. v. Cit o
us
paying to Permian/Republic its contract •a ance o ','60 1, ons Christi, by
its claim against the City arising out of Oso Contract No. 4, a st ett emeto Ft of
Erection of $314,850 in settlement of some of its claims againstthe tyE
arising out of Oso Contract No. 5, and making certain other agreements regarding
the two lawsuits, as more fully described in the proposed written agreement, a
copy of which is attached as Exhibit "A."
SECTION
2. That there is herby aropiatd
No. 250 Sanitary Sewer Bond Fund applicableeto ProjectrNo.e250-7726 0 from the
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned agreement at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
firstar read ng meetings an emergency measurethat this athisis the 19th dayassed dofhAugust,k1986. upon
ATTEST:
City Secretary
APPROVED: A f' DAY OF AUGUST, 1986
HAL GEORGE, CITY ATTORNEY
By
Assistant City 'ttorney
08P.106.01
M
THE CITg OF CORPUS CHRISTI, TEXAS
19451 MICROFILMED
AGREEMENT
.-
This
Agreement of Settlement, Covenants Not to Sue and
Covenants Not to Execute is entered into by and among the City of
Corpus Christi,
Permian/Republic
Texas (hereinafter referred to as "City"),
- A Joint Venture (hereinafter referred to as
"Permian/Republic") and F & E Erection Company, a division of the
CCC Group, Inc. (hereinafter referred to as "F & E").
NITNESSEM H:
WHEREAS, on or
about February 14, 1979, City entered
into a contract with Permian/Republic pursuant to which
Permian/Republic was to perform certain work City deemed necessary
to expand and upgrade the OSO Wastewater Treatment Plant located
in Corpus Christi, Texas (hereinafter "Project"). The parties'
contract was one in a series of contracts let for the performance
of improvements to the Project and was denominated as Contract No.
4 - Treatment Plant Expansion (hereinafter "Contract No. 4"); and
WHEREAS, a portion of the work to be performed 141
Permian/Republic pursuant
the construction of four
furnishing, installation
to Contract No. 4 with City consisted of
rectangular clarifiers and included the
and placing
traveling clarifier bridge
Pursuant
furnish,
to Contract No. 4
among other things,
into initial operation
of
equipment (hereinafter "bridges").
with City, Permian/Republic was to
eight (8) bridges, four (4) of which
were to be installed by Permian/Republic (hereinafter "operating
bridges") pursuant to Contract No. 4 and four (4) of which were to
be stored for subsequent installation by the Contract No. 5
contractor, which was F & E (hereinafter "stored bridges").
WHEREAS, on or about December 9, 1981, City entered into
a contract with F & E pursuant to which F & E was to perform
certain work City deemed necessary to expand and upgrade the
Project. The parties' contract was one in a series of contracts
let for the performance of improvements to the Project and was
denominated as Contract No. 5 - Treatment Plant Expansion
(hereinafter "Contract No. 5"); and
EXHIBIT A
•
WHEREAS, a portion of the work to be performed by F & E
pursuant to Contract No. 5 with City, included, but was not
limited to, the construction of four (4) rectangular clarifiers
and the installation of the four (4) stored bridges furnished by
Permian/Republic pursuant to its Contract No. 4 with City; and
WHEREAS, in pursuance of Contract No. 4 with City,
Permian/Republic entered into an agreement with Environmental
Elements Corporation (hereinafter "Environmental") pursuant to
which Environmental was to furnish, among other things, the eight
(8) rectangular traveling clarifier bridges (consisting of the
four (4) operating bridges and the four (4) stored bridges)
specified in Subsection 11D9 - CLARIFIER EQUIPMENT - RECTANGULAR
of the Contract No. 4 specifications; and
WHEREAS, the bridges furnished by Environmental were not
delivered in a timely fashion and, upon delivery and installation,
the operating bridges failed to perform in a consistent and
workable fashion. As a result of said failures, Permian/Republic
contends that it has incurred significant damages; and
WHEREAS, as a result of the inadequacies in the
operating bridges as furnished by Environmental, City refused to
pay to Permian/Republic its contract balance and retainage in the
amount of $460,145.73; and
WHEREAS, as a result of the failures and demonstrated
inadequacies of the operating bridges, City refused to accept the
four (4) stored bridges and, consequently, was precluded from
turning the stored bridges over to F & E for installation in the
time frame and fashion contemplated by City and F & E, and as
represented in the Contract No. 5 contract documents; and
WHEREAS, F & E contends that throughout the performance
of its work on Contract No. 5, F & E's work was delayed,
interrupted and rendered more costly by:
(a) the inability of City to accept and turn over to
F & E the four (4) stored bridges furnished by
Permian/Republic pursuant to its Contract No. 4 due
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to the operating bridges' failure to operate in a
consistent and workable fashion (hereinafter
"bridge claims");
(b) alleged inadequate and incorrect information
contained in a soils report which rendered F & E's
completion of the sludge dewatering building, in
accordance with the originally designed plans and
specifications, virtually impossible (hereinafter
"soils report claims");
(c) the alleged failure of City to release to F & E
certain owner -furnished aeration equipment to be
installed by F & E (hereinafter "aeration equipment
claims");
(d) the alleged failure of the City to permit the
timely removal of the by-pass pump from Lift
Station 2 to Lift Station 1 (hereinafter "by-pass
pump claims");
(e) the alleged failure of the City to fully reimburse
F & E for new valves at Lift Stations 1 and 2
(hereinafter "valves claims");
(f) the alleged failure of the City to timely approve
shop drawings for clarifier weir troughs
(hereinafter "weir trough claims"); and
(g) the alleged failure of the City to pay for
underground air piping to Blower Houses 1 and 2
(hereinafter "underground air piping claims").
WHEREAS, on or about April 8, 1985, F & E initiated an
action against City in the District Court for the 117th Judicial
District, Nueces County, Texas, for damages suffered as a result
of its bridge claims, soils report claims, aeration equipment
claims, by-pass pump claims, valves claims, weir trough claims and
underground air piping claims as set forth above and more
particularly set forth in Plaintiff's formal written claims and
Original Petition in said action which is denominated and further
•
identified as: F & E Erection Company, Inc. v. City of Corpus
Christi• Cause No. 85-2041-B (hereinafter "Cause No. 85-2041-B");
and
WHEREAS, on or about June 28, 1984, Permian/Republic
initiated an action against City and Environmental in the District
Court for the 117th Judicial District, Nueces County, Texas,
seeking delay and other damages incurred as a result of the delay
in delivery of the bridges by Environmental and the bridges'
failure to perform in a consistent and workmanlike fashion and as
required by the contract documents said action which is
denominated and further identified as: Permian/Republic - A Joint
Venture v. City of Corpus Christi, Texas and Environmental
Elements Corporation; Cause No. 84-3818-B (hereinafter "Cause No.
84-3818-B"); and
WHEREAS, City has filed its Third Amended Original
Answer and Counterclaim in Cause No. 84-3818-B against
Permian/Republic and Associated Indemnity Corporation and
Fireman's Fund Insurance Company, Permian/Republic's co -sureties,
seeking to recover damages from Permian/Republic which City may
sustain as a result of claims asserted by F & E against City for
delays incurred as a result of City's inability to turn over to
F & E the four (4) stored bridges purchased by Permian/Republic
from Environmental and furnished to City by Permian/Republic
pursuant 'to Contract No. 4 due to the failure of the four (4)
operating bridges to perform in a consistent and workable fashion;
and
WHEREAS, City, Permian/Republic and F & E have conducted
a substantial and thorough investigation, through document,
deposition and informal discovery, into the merits of the
respective positions of the parties in Cause No. 84-3818-B and
Cause No. 85-2041-B, including, but not limited to, the claims and
defenses of Permian/Republic, the claims and defenses of F & E,
the claims and defenses of City and the claims and defenses of
Environmental; and
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•
WHEREAS, the undersigned parties hereto have, as a
result of said investigations, concluded that the damages
sustained by Permian/Republic are attributable to the acts,
omissions and breaches of contract and warranties of
Environmental; and
WHEREAS, the undersigned parties hereto have, as a
result of said investigations, concluded that City's refusal to
accept and turn over to F & E for installation the four (4) stored
bridges in the time frame and fashion contemplated by Contract No.
5 was justified and mandated by the operating bridges' repeated
failures to operate in a consistent and workmanlike fashion, said
failures which the parties believe are attributable to, and the
responsibility of, Environmental; and
WHEREAS, City is desirous of making payment to F & E for
F & E's soils report claims, aeration equipment claims, by-pass
pump claims, valves claims, weir trough claims and underground air
piping claims in full and final settlement of those, and only
those, claims; and
WHEREAS, City recognizes the validity of F & E's bridge
claims for delays and the attendant damages sustained by F & E as
a result of City's inability to turn over to F & E, in a timely
fashion, the four stored bridges for installation by F & E but all
parties hereto recognize that F & E's damages have as their
source, the acts, omissions and breaches of contract and
warranties. of Environmental and, further, that City is only
derivatively and vicariously liable and responsible to F & E for
the unacceptability of the stored bridges furnished to City by
Permian/Republic, the unacceptability of said bridges which has
as its source and sole cause the acts, omissions and breaches of
contract and warranties of Environmental, it being recognized by
the undersigned parties hereto that the damages sustained by F & E
are not attributable to the acts, omissions or breaches of
representatives of City, or its agents or Permian/Republic; and
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•
WHEREAS, City and Permian/Republic have concluded and
herein acknowledge that the damages sustained by Permian/Republic
are attributable to the acts, omissions and breaches of contract
and warranties of Environmental and City is desirous of making
payment to Permian/Republic of its contract balance and retainage
less certain costs City has incurred, other than those damages
City may be adjudged liable to F & E, as a result of the bridges'
failure to operate in a workmanlike fashion, said damages for
which Permian/Republic is vicariously liable to City for the acts,
omissions and breaches of contract and warranties of
Environmental; and
WHEREAS, each of the parties hereto holds the strong
opinion and belief, based and founded on each of their roles in
the construction and administration of the Project and their
continuing involvement in the -ongoing discovery processes
associated with the pending litigations, that the primary and
overriding causes of the significant cost overruns and damages
incurred by Permian/Republic and F & E's bridge claims and the
damages flowing therefrom are attributable to certain acts,
omissions and breaches of contract and warranties of
Environmental.
NOW, THEREFORE, City, Permian/Republic and F & E do
hereby agree as follows:
1.
The preambles set forth above are incorporated herein
and made a part of this Agreement.
2.
City shall forthwith execute and file a Dismissal with
Prejudice in favor of Associated Indemnity Corporation and
Fireman's Fund Insurance Company in Cause No. 84-3818-B.
3
City shall pay to Permian/Republic within fifteen (15)
days of the execution of this Agreement the sum of Four Hundred
Sixty Thousand One Hundred Forty -Five and 73/100 ($460,145.73)
Dollars, said sum which represents Permian/Republic's contract
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balance. City and Permian/Republic agree that City's nonpayment
of interest on said sum is in consideration of City's
extinguishment of its backcharge of Forty -Eight Thousand Five
Hundred Fifty -Eight and 51/100 ($48,558.51) Dollars against
Permian/Republic for costs, other than those damages City may be
adjudged liable to F & E, incurred by City resulting from the
acts, omissions and breaches of contract and warranties of
Environmental for which Permian/Republic is vicariously liable to
City.
4.
Upon receipt of payment to Permian/Republic in
accordance with Paragraph 3, Permian/Republic expressly agrees and
covenants with City, for the sole and exclusive benefit of City,
to dismiss without prejudice and to not further prosecute actions
filed by Permian/Republic against City in the litigation filed in
the District Court, 117th Judicial District, Nueces County, Texas,
bearing the caption: Permian/Republic v. City of Corpus Christi
and Environmental Elements Corporation; Cause No. 84-3818-B.
Notwithstanding anything to the contrary contained in the parties'
contract documents for Contract No. 4, this Agreement and covenant
and the payment of the sums set forth in Pargraph 3 are not
entered into or made, nor are they in any way intended, to release
any claim that Permian/Republic may have against City or any other
person or entity involved in the construction of the Project,
including, without limiting the generality of the foregoing,
Environmental and/or its representatives or agents, and it is
specifically understood and agreed that this Agreement is not an
agreement to dismiss any suit now pending by Permian/Republic
against Environmental or any claims or causes of action
Permian/Republic may have against Environmental, whether asserted
or unasserted, or any other party, except as set forth herein, and
it is expressly understood and agreed that the Agreement is in no
way to inure to the benefit of Environmental or others except
those signatories to this Agreement. It is further clearly and
•
distinctly understood and agreed that this Agreement is merely a
covenant not to sue City and not a release of claims of
Permian/Republic against any party.
5.
City shall pay to F & E within fifteen (15) days of the
execution of this Agreement the sum of Three Hundred Fourteen
Thousand Eight Hundred Fifty ($314,850.00) Dollars, said sum which
represents payment to F & E in full and final satisfaction of all
claims of F & E against City, whether asserted or unasserted, and
whether known or unknown, arising out of F & E's work on the
Project, except for its bridge claims. This description of
F & E's claims satisfied by City's payment to F & E described
herein shall expressly include, but shall not be limited to,
F & E's soils report claims, aeration equipment claims, by-pass
pump claims, valves claims, weir trough claims and underground
air piping claims. It is specifically agreed that the payment of
said monies are in no way, form or fashion a payment for any
damages sustained or allegedly sustained by F & E as a result of
the delayed delivery of the four (4) stored clarifier bridges to F
& E hereinabove defined as F & E's bridge claims, it being
understood and agreed that City's responsibility and obligations
to F & E for said bridge claims are totally derivative and
vicarious in nature and have as their source the acts, omissions
and breaches of contract and warranties of Environmental.
6.
Upon receipt of payment to F & E in accordance with
Paragraph 5, F & E expressly agrees and covenants with City, for
the sole and exclusive benefit of City, together with their
successors and assigns, to dismiss without prejudice and to not
further prosecute its soils report claims, earthwork claims and
aeration equipment claims, by-pass pump claims, valves claims,
weir trough claims and underground air piping claims as set forth
in Plaintiff's formal written claims and Original Petition in the
litigation filed in the District Court, 117th Judicial District,
Nueces County, Texas, bearing the caption: F & E Erection
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Company, Inc. v. City of Corpus Christi; Cause No. 85-2041-B.
F & E shall not dismiss and does not herein covenant not to
prosecute or pursue its bridge claims against City and it is
further agreed that F & E will continue its prosecution of its
bridge claims against City and nothing contained in this Agreement
shall in any way be interpreted or construed as a waiver, release,
relinquishment or covenant not to pursue, either in whole or in
part, F & E's bridge claims. This Agreement and covenant are not
in any way intended to, and shall not, release any claim that F &
E may have against City or any other person or entity involved in
the construction of the Project, including, without limiting the
generality of the foregoing, Environmental and/or its
representatives or agents, and it is specifically understood and
agreed that this Agreement is in no way to inure to the benefit of
Environmental or-, others except those signatories to this
Agreement. It is further clearly and distinctly understood and
agreed that this Agreement is merely a covenant not to sue and
not a release of F & E's claims against any party.
7.
Upon City's payment of the funds set forth in Paragraph
3, City expressly agrees and covenants with Permian/Republic, for
the sole and exclusive benefit of Permian/Republic, not to
institute or further prosecute any action against Permian/Republic
other than those set forth in City's Third Amended Original Answer
and Counterclaim in Cause No. 84-3818-B and any other causes of
action, which City deems necessary or appropriate to recover from
Permian/Republic those damages which are the subject of F & E's
bridge claims. This Agreement and covenant are not in any way
intended to, and shall not, release any claim that City may have
against Permian/Republic or any other person or entity involved in
the construction of the Project, including, without limiting the
generality of the foregoing, City's claims as set forth in its
Third Amended Original Answer and Counterclaim in Cause No. 84-
3818-B and any and all other causes of action deemed necessary or
appropriate by City to recover damages allegedly sustained by F &
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•
E as a result of its bridge claims and any claims City may have
against Environmental and/or its representatives or agents. It is
specifically understood and agreed that this Agreement
and
covenant is not an agreement to dismiss City's Counterclaim now
pending against Permian/Republic and it is
and agreed that this Agreement is in no
benefit of Environmental or others except
this Agreement. It is further clearly and
and agreed that this Agreement is merely a
except as set forth hereinabove, and not
claims against any party.
cooperate
84-3818-B
expressly understood
way to inure to the
those signatories to
distinctly understood
covenant not to sue,
a release of City's
8.
City,•Permian/Republic and F & E agree that they shall
in the pending litigations, more specifically Cause No.
and Cause No. 85-2041-B, including, without limiting the
generality of the foregoing, allowing access to personnel,
documents and experts retained, employed or controlled by each of
the parties hereto, and allowing review of work product. The
parties agree that each will bear its own costs and attorneys'
fees in the litigations now pending.
9.
City, Permian/Republic and F & E agree that each party
hereto has reached a well -reasoned and carefully formed opinion
and belief that the damages sustained by Permian/Republic and the
bridge;claims asserted, and attendant damages sustained, by F & E
are attributable tothe acts, omissions and breaches of contract
and warranties of Environmental.
10.
Permian/Republic agrees to hold City harmless from any
claims or causes of action which have been, or may be, asserted by
any of Permian/Republic's subcontractors, materialmen or suppliers
who are not presently parties to Cause No. 84-3818-B or Cause No.
85-2041-B and who performed work on Contract No. 4 of the Project
pursuant to a direct contractual relationship with
Permian/Republic. This Agreement to hold City harmless is
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410
designed to extend only to City and is in no way designed to
extend to any persons or entities alleged by any party to be
representatives or agents of City or claiming to be a beneficiary
of this Agreement, including, but not limited to, Urban Enginering
or any of its principals.
11.
F & E agrees to hold City harmless from any claims or
causes of action by any of F & E's subcontractors, materialmen or
suppliers who performed work on Contract No. 5 of the Project
pursuant to a direct contractual relationship with F & E. This
Agreement to hold City harmless is designed to extend only to City
and is in no way designed to extend to any persons or entities
alleged by any party to be representatives or agents of City or
claiming to be a beneficiary of this Agreement, including, but not
limited to, Urban Enginering or any of its principals.
12.
In consideration of payment to F & E ("covenantor") of
Ten ($10.00) Dollars by City ("covenantee") receipt of which is
hereby acknowledged, covenantor shall not enforce against
covenantee, by execution or otherwise, or seek recovery in any
other manner, of any judgment that may be rendered in favor of
covenantor and against covenantee in Cause No. 85-2041-B or, in
any other lawsuit in which F & E might assert its bridge claims
against City, unless, until and only to the same extent that
covenantee has both judgment and actually receives payment on said
judgment from Permian/Republic pursuant to its Counterclaim or
other appropriate cause of action asserted by covenantee against
Permian/Republic in Cause No. 84-3818-B, it being further
understood and recognized as a condition precedent to covenantor's
enforcement or execution of any judgment rendered in Cause No.
85-2041-B, or in any other lawsuit in which F & E might assert its
bridge claims against City, that covenantee's right to recover on
its judgment, if any, rendered against Permian/Republic in Cause
No. 84-3818-B is subject to the covenant contained in Paragraph 13
hereinbelow.
•
13.
In consideration of payment to City ("COVENANTOR") of
Ten ($10.00) Dollars by Permian/Republic ("COVENANTEE"), receipt
of which is hereby acknowledged, COVENANTOR shall not enforce
against COVENANTEE, by execution or otherwise, or seek recovery in
any other manner, of any judgment that may be rendered in favor of
COVENANTOR against COVENANTEE unless, until and only to the same
extent that COVENANTEE has both judgment and actually receives
payment on said judgment from Environmental pursuant to its causes
against Environmental which seek, or will seek, to recover from
Environmental those damages sustained by F & E for its bridge
claims.
intended
provide
14.
The parties hereto agree that the intent, purpose and
operation of Paragraphs
recovery to F & E for
12 and 13 hereinabove are to
its bridge claims and their
attendant damages only to the extent (a) that F & E
against City for its bridge claims and, (b) that City
against Permian/Republic for F & E's bridge claims
has judgment
has judgment
and actually
recovers said judgment from Permian/Republic and, (c) that
Permian/Republic has judgment against Environmental for the bridge
claims of F & E and actually recovers said judgment from
Environmental, it being the parties' intent to effect their
demonstrated belief that the bridge claims of F & E have as their
source the acts, omissions and breaches of contract and warranties
of Environmental. It is further agreed and understood that City
shall execute on any judgment entered in its favor and against
Permian/Republic in Cause No. 84-3818-B only to the extent that
Permian/Republic has judgment and recovers against Environmental
for the bridge claims of F & E it being clearly understood and
agreed that should Permian/Republic have and recover judgment
against Environmental for damages sustained by the delayed
delivery of the bridges and/or the failure of the operating
bridges to perform in a consistent and workmanlike fashion, or for
any claims other than the bridge claims of F & E, those sums shall
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not be available to satisfy City's judgment, if any, against
Permian/Republic. It is the parties' intent that the claims of
Permian/Republic and the bridge claims of F & E are to remain
independent and be independently submitted to the jury and that F
& E shall only have judgment and recovery against City, and City
shall have judgment and recovery against Permian/Republic, only to
the extent that Permian/Republic has judgment and recovery against
Environmental for damages identified by the jury as those
sustained by F & E as a result of its bridge claims. All other
damages recovered by Permian/Republic against Environmental are to
be retained by Permian/Republic and are not to be subject to
execution by City.
15.
The foregoing Covenants Not to Execute are designed and
intended solely .-for the benefit of the signatories to this
Agreement and are not designed or intended to inure to the benefit
of any party not a signatory hereto.
16.
In the event that F & E has recovery against City for
its bridge claims as set forth in Cause No. 85-2041-B and City has
no recovery or judgment against Permian/Republic pursuant to its
Counterclaim or any appropriate cause of action deemed necessary
by City to recover from Permian/Republic the bridge claims of
F & E asserted in Cause No. 84-3818-B, F & E agrees to accept in
full, final and complete settlement of any such judgment in its
favor the sum of Ten ($10.00) Dollars in exchange for a full and
final release and extinguishment of said judgment against City.
17.
In the event that F & E has judgment against City for
its bridge claims and City has judgment against Permian/Republic
for all or any portion of F & E's judgment against City, then
F & E agrees to accept, in full and final satisfaction of its
judgment against City, an assignment of City's judgment against
Permian/Republic subject to the Covenants Not to Execute set forth
in Paragraphs 12, 13 and 14 hereinabove.
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18.
•
If, for any reason, it is determined that either of the
foregoing Covenants Not to Execute is invalid, unenforceable or
for any reason void, City agrees to take in full and final
satisfaction of its claims and causes of action against
Permian/Republic as set forth in its Third Amended Original Answer
and Counterclaim or any other cause City deems necessary to assert
to recover from Permian/Republic for the bridge claims of F & E in
Cause No. 84-3818-B, an assignment of that portion of
Permian/Republic's claim against Environmental which seeks
recovery against Environmental for the bridge claims and damages
allegedly sustained by F & E. Further, in the event that either
of said Covenants Not to Execute is determined to be invalid,
unenforceable or for any reason void, F & E agrees to take, in
full and final satisfaction of its claim and causes of action as
set forth in Cause No. 85-2041-B, an assignment of City's cause of
action against Permian/Republic as set forth in its Third Amended
Original Answer Counterclaim or any other cause City deems
necessary to recover from Permian/Republic for the bridge claims
of F & E in Cause No. 84-3818-B which, at that point, and in that
event, would in turn be subject to the foregoing assignment taken
by City as set forth herein.
19.
All parties to this Agreement represent that they have
independently undertaken an investigation of the factual and legal
bases underlying the causes of action and legal and factual
defenses asserted by, and available to, each party to this
Agreement and no party hereto has made, or is relying upon, any
representation to any other party to this Agreement concerning the
factual or legal viability or recoverability of any cause of
action which will survive the execution of this Agreement, each
party hereto specifically agreeing to assume the risks which
attend the execution of this Agreement.
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20.
The terms of this Agreement, upon execution, shall
immediately be made known to the District Court of the 117th
Judicial District, Nueces County, Texas, and to all parties to the
above-described litigations.
21.
The execution of this Agreement and payment of the
consideration for the covenants set forth herein shall not be
construed or interpreted as an admission of any breach of
contract, tortious conduct, wrongdoing or liability of any sort or
kind on the part of Permian/Republic, City or F & E and any
wrongdoing or liability is expressly denied.
22.
This Agreement is not intended to affect the rights or
obligations of any party to this Agreement, among themselves,
relative to any claims, actions or causes of action, whether
asserted or unasserted, for personal injury or property damage
which may be asserted by any person, firm or entity against any
party to this Agreement.
23.
Permian/Republic, City and F & E specifically agree that
each of them is entitled to assert this Agreement as a complete
defense to any suit or proceeding brought in violation of this
Agreement and each is further entitled to injunctive relief
against any of the others to obtain compliance with the terms
hereof in the event of breach hereof, and each therefore waives
the defense to injunctive relief that adequate remedies at law
exist or may exist. Nothing herein constitutes or shall be
construed to constitute a waiver of any party's right to recover
damages at law for violation of the terms of this Agreement in
addition to the injunctive relief set forth herein.
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24.
Permian/Republic, City and F & E agree to enter into
such additional documents and/or prepare and file such pleadings
as are or may be necessary to carry out the intent and express
terms of this Agreement.
25.
Permian/Republic, City and F & E covenant and agree,
each to the other, that the statements, representations,
agreements and covenants contained herein are contractual in
nature and not mere recitations of facts and that the agreements
and covenants herein shall be binding upon the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the dates indicated below.
CITY OF CORPUS CHRISTI, TEXAS
Hy:
Title:
Date:
Sworn to and subscribed before
me this day of
1986.
Notary Public
- 16 -
1111
PERMIAN/REPUBLIC - A JOINT VENTURE
By.
Title:
Date:
Sworn to an yl
daysofib� before
me this /6 —day of
1986.
IJ,
Notary Public
'
:l
4 /91Z
Care
scrp C'�ER'a14).4
My Commission Expires May 5, 39§7,
F & E ERECTION COMPANY, A DIVISION
OF THE CCC GROUP, INC.
BY: /42.--p.s,-,ce�CK
Title: 1�ir�c
Date: 1? Gl�r�_ l 1 I
Sworn to and subscribed before
me this /cM/ day of 007-J...-/- ,
1986.
1'; Notary Public
— 17 —
1
CITY OF CORPUS CHRISTI, TEXAS
amTFIcATION OF FUNDS
(City Charter Article IV Section 21)
August 15, 1986
I certify to the City Council that $ 233,290 , the amount
required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund N. and Name
Project No.
No, 250 -Sanitary Sewer Bond Fund
250-77-26
Project Name
Oso Plant Expansion Contract 4
fry which it is proposed to he drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7T1)1731/61.9
��5���.P8-95
y %5/4g --3-8;04
bitt l , 19 V.)
v -d
Corpus Christi, Texas
/7 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYO
THE CITY IF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19451