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<br /> ' <br /> . 21; : <br /> .... - -- '? < <br /> - <br /> NO. 94-0442 <br /> - <br /> KENCON CONSTRUCTORS § IN THE DISTRICT COURT <br /> CONSTRUCTION MANAGERS, INC. § <br /> § <br /> Plaintiff § <br /> § <br /> VS. § 207TH JUDICIAL DISTRICT <br /> § <br /> CITY OF SAN MARCOS, TEXAS § <br /> § <br /> - Defendant § HAYS COUNTY, TEXAS <br /> SETTLEMENT AGREEMENT <br /> Defendant city of San Marcos ("city") and Plaintiff Kencon <br /> Constructors ~onstruction Managers, Inc. ("Kencon") acting on its <br /> own behalf and on behalf of Longley Construction, Inc. ("Longley"), <br /> in the above styled and numbered cause ("the Lawsuit"), hereafter <br /> sometimes collectively referred to as "the Parties," enter into <br /> this Settlement Agreement effective as of the ~ day of December, <br /> 1996, for the express purpose of compromise and settlement of <br /> certain disputed claims, and hereby agree and acknowledge as <br /> follows: <br /> 1. On or about June 14, 1994, Kencon filed its Original <br /> : Petition, thereby initiating the L~wsuit. On or about July 8, <br /> ¡ <br /> I 1994, City filed its Original Answer. Kencon's causes of action <br /> arise from and seek relief related to the contract executed on or <br /> about November 6, 1992, by and between city, as Owner, and Kencon, <br /> as General Contractor, and the construction work undertaken <br /> pursuant thereto, hereafter referred to as "the Library Project". <br /> 2. As the General Contractor, Kencon executed certain <br /> subcontract agreements concerning the Library Project, including a <br /> subcontract executed with Longley Construction, Inc. <br />