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<br /> 60 <br /> RESOLUTION 1997- 1 q ') R <br /> <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS <br /> OF A COMPROMISE RELEASE AND SETTLEMENT AGREEMENT <br /> BETWEEN THE CITY AND AT YOUR SERVICE ENTERPRISES, <br /> INC. FOR FINAL PAYMENT FOR THE DOWNTOWN SIDEWALK <br /> PROJECT PHASE I; AUTHORIZING THE CITY MANAGER TO <br /> EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND <br /> DECLARING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. The City contracted with At Your Service Enterprises, Inc. ("AYS") on October <br /> 28,1996 for the construction of the Downtown Sidewalk Improvements Project Phase I (the <br /> "Project"). <br /> 2. The City and A YS each have claims against the other regarding the <br /> completion of the Project and payment for A YS's services. <br /> 3. The City is willing to accept the Project in its present condition and make a <br /> reduced final payment to AYS in the amount of $30,000, and AYS is willing to accept this <br /> amount for final payment, and the parties have agreed to the terms of the attached <br /> Compromise, Settlement and Release Agreement. <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> PART 1. The terms and conditions of the Compromise Settlement and Release <br /> Agreement attached to this Resolution between the City and A YS for final payment for the <br /> Project are approved. <br /> PART 2. The City Manager, Larry D. Gilley, is authorized to execute this Agreement <br /> on behalf of the City. <br /> PART 3. This Resolution is in full force and effect immediately from and after its <br /> passage. <br /> ADOPTED this Bth day of December ,1997. <br /> D&&~.~ <br /> Billy G. Moore <br /> ~St: ÆfI ~ Mayor <br /> <r a~!~~ I " "!ð\Ø11i,ØV <br /> Ja~is K. Womack <br /> City Secretary <br />