Res 1996-082 - Laserfiche WebLink

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, 374 TERMS OF AGREEl\fENT In consideration of the mutual promises and agreements contained in this Agreement, including the recitals set forth, the parties agree as follows: 1. Seguin State Bank and Trust Company shall liquidate the Trust and shall distribute the corpus of the Trust as follows: a. The Redwood Cemetery Association shall receive $15,500.00~ Said money shall be delivered to the Redwood Cemetery Association's attorney of record, Ronald J. Friesenhahn, 376 Landa Street, New Braunfels, Texas 78130. b. The City of San Marcos shall receive no money from the distribution of the trust. c. Seguin State Bank and Trust Company shall receive the sum of $3,201.00, which shall Cover the items: $660.00 for trust termination fee, $175.00 for final Trustee's fee, $100.00 accountant's fee for the final fiduciary income tax return, $2000.00 for attorney's fees incurred in connection with this lawsuit, $266.00 as court costs, and $0,00 as income taxes due as of the date of distribution. d. The Presbyterian Children's Homes shall receive all of the corpus of the Trust remaining after the distributions described in La. and 1.c. are made. 2, In consideration of the money received under this agreement, the Redwood Cemetery Association agrees to place appropriate potted plants on Christmas and Easter on the graves of Walter Puls, Mamie PuIs, and Edward PuIs. The Redwood Cemetery Association also agrees to placement of an appropriate potted plant on the grave of Walter Puls on Father's Day, placement of an appropriate potted plant on the grave of Mamie Puls on Mother's Day, and placement of appropriate potted plant on Christmas and Easter on the grave of Mrs. Bertha Puls, who is buried in the Redwood Cemetery. The Redwood Cemetery Association agrees to uphold its obligations under this Settlement Agreement for as long as the Redwood Cemetery Association or any successor association exists. 3. In exchange for releasing any claim it may have for any money upon the distribution of the trust, the City of San Marcos shall have no obligation, other than as determined in the discretion of its governing body, to preserve, care for or maintain the PuIs burial plot located in the San Marcos Cemetery. 4. The Agreed Judgment attached hereto as Exhibit "A" will be presented to the Court for entry upon full execution of this Compromise Settlement Agreement. All parties to this suit hereby authorize their respective attorneys of record to execute any pleadings or documents on their behalf to secure compliance with this provision. 5. This Agreement is made according to the laws of the State of Texas. The parties expressly agree that this Agreement is governed by and will be construed and enforced according to Texas law.