HomeMy WebLinkAboutResolution No. 03-03 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 03-03
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
SETTLEMENT AGREEMENT BETWEEN CULLUM
CONSTRUCTION AND THE CITY OF THE COLONY
REGARDING CORRECTIONS TO WINDHAVEN PARKWAY;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager of the City of The Colony, Texas, is hereby
authorized and empowered to execute a Settlement Agreement with Cullum Construction
regarding corrections made to Windhaven Parkway.
Section 2. That a true and correct copy of the Settlement Agreement is attached
hereto and incorporated herein.
Section 3. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 3rd day of February 2003.
~B~-metta Henville-Shannon, Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
COMPROMISE AND SETTLEMENT AGREEMENT
BETWEEN
THE CITY OF THE COLONY AND CULLUM CONSTRUCTION CO.
WHEREAS, the CITY OF THE COLONY, a municipal corporation in Denton County and
State of Texas, (hereinafter "the City"), has made a claim against CULLUM CONSTRUCTION
CO., 2814 Industrial Lane, Garland, Texas 75041 (hereinafter "the Contractor"), TO WIT: The cost
of the street repairs to Section "C" of Windhaven Parkway located in Austin Ranch, in the City of
The Colony.
WHEREAS, the City and Phillip H. Cullum on behalf of Cullum Construction Co., desire to
settle this disputed claim without litigation;
NOW, THEREFORE, in consideration of the premises, the parties agree to compromise and
settle a dispute involving repairs to Section "C" of Windhaven Parkway Road located in Austin
Ranch in the City of The Colony as follows: The City has reached an agreement with Rodman
Paving Company to repair the aforementioned public street at a cost of Ninety-Two Thousand Two
Hundred Eighty-Six ($92,286.00) Dollars. The Contractor agrees to pay the City the sum of
Seventy-Five Thousand ($75,000.00) Dollars to compromise and settle all claims involving the
above-referenced matter. The Contractor agrees to pay the City the aforementioned sum in
installment payments within ten (10) days of the City notifying the Contractor that the City has
received an invoice from Rodman Paving Company for work performed on Section "C" of
Windhaven Parkway. The parties agree that the installment payment will be equal to the total for
each invoice from Rodman Paving Company; however, the Contractor's payments shall not exceed
COMPROMISE AND SETTLEMENT AGREEMENT PAGE 1 OF 2
THE CITY OF THE COLONY AND COLLUM CONSTRUCTION CO.
C.'lDocuments and Settings~pattilLoca! SettingslTemporary lnternet Files~OLK561}Vindhaven Pl~,vy-CompSet~4gr 01-28-03.doc
Seventy-Five Thousand ($75,000.00) Dollars. After the Contractor has paid the sum of Seventy-Five
Thousand ($75,000.00) Dollars, the City shall release the Contractor from all present and future
claims, causes of action and actions for, or relating to any work performed by contractor on
Windhaven Parkway. The parties agree that, by compromising and settling all claims in this matter,
the Contractor is not admitting to liability for any claims asserted by the City.
CULLUM CONSTRUCTION CO.
Philip Vice President
THE CITY OF THE COLONY
BY:
Dale Cheatham, City Manager
Patti Hicks, City Secretary
AGREED AS TO FORM:
Gordorff~J~ke~, Esquirg/g'' 25/--'~
Atto~y~or the City ol~The Colony
COMPROMISE AND SETTLEMENT AGREEMENT PAGE 2 OF 2
THE CITY OF THE COLONY AND COLLUM CONSTRUCTION CO.
CADOCUMENTS AND SETTINGSSPA TTI~LOCAL SETTINGSITEMPORARY INTERNET FILES~OLK561WINDHA VEN PKWY-COMPSETAGR 01-28-03.DOC KMK 11772.000