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<br /> 61 <br /> COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT <br /> STATE OF TEXAS § <br /> § <br /> COUNTY OF TRAVIS § <br /> This Agreement is by and between AT YOUR SERVICE ENTERPRISES, INC. <br /> (hereinafter "AYS"), and THE CITY OF SAN MARCOS, TEXAS (hereinafter "CITY"), and <br /> is to the following effect: <br /> WHEREAS, AYS asserts claims against CITY based on that OWNER- <br /> CONTRACTOR AGREEMENT between A YS and CITY, dated October 28, 1997, together <br /> with the BID SPECIFICATIONS AND DOCUMENTS FOR THE DOWNTOWN SIDEWALK <br /> PROJECT - PHASE I, concerning the San Marcos Downtown Sidewalk Improvements <br /> Project/San Antonio Street, San Marcos Hays County, Texas and documents collateral <br /> thereto (hereinafter referred to collectively as "the Contract") under which A YS believes <br /> and asserts it is entitled to earned funds and retainage not yet paid to it in the sum of at <br /> least $64,502.41 for what it believes is the completion of its obligations under the Contract; <br /> WHEREAS, CITY denies any liability to AYS in connection with the alleged claims, <br /> and further alleges that A YS did not complete its obligations under the contract, and that <br /> there are defects in the work and workmanship, including but not limited to the concrete <br /> color variations; paver cracking and discoloration; incomplete paver-grouting, cracking, <br /> excess color variation and failure; improper material use; failure to complete as scheduled; <br /> and many other items the subject of several punchlists and too numerous to specify herein. <br /> WHEREAS, both parties deny each other's claims as set forth above; and any <br /> liability to the other party in connection with the respective alleged claims; and <br /> cja\c:\susan\sanmar\compset.agr 1 <br />