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<br /> 30 <br /> RESOLUTION 1985-64R <br /> A REffiLU110N OF THE CITY COUNCIL OF 'IRE CITY OF SAN <br /> MARCOS, TEXAS, APPROVING A LETTER 10 BE SIGNED BY THE <br /> CITY MANAGER WHICH ACCEPTS 'IHE REMEDIAL REPAIRS <br /> PERFORMED ON FIRE STATION NO. 4; AND DECLARING AN <br /> EFFECTIVE DATE. <br /> WHEREAS, on April 29, 1985, the City of San Marcos executed a <br /> Promissory Note and Compromise Settlement Agreement previously <br /> executed by Freese and Nichols, Inc. on April 26, 1985, in full accord <br /> and satisfaction and as the compromise and settlement of a dispute <br /> arising between said City and Freese and Nichols, Inc. over the design <br /> and construction of the apparatus room floor, sidewalks and driveways <br /> of Fire Station No.4; and, <br /> WHEREAS, in accordance with such Note and Agreement, Freese and <br /> Nichols, Inc. has agreed to pay said City, within five (5) years from <br /> the date of the execution by said City of a written acceptance of the <br /> remedial repairs performed on said Fire Station No.4 apparatus room <br /> floor, sidewalks and driveways, the sum of $33,375.00, subject to the <br /> conditions set forth in said Agreement; now, therefore, <br /> BE IT REffiLVED BY THE CITY COUNCIL OF 'IHE CITY OF SAN MARCOS, <br /> TEXAS: <br /> PART 1. That the remedial repairs performed on the Fire Station <br /> No. 4 apparatus room floor, sidewalks and driveways, as set forth in <br /> that Promissory Note And Compromise Settlement Agreement executed by <br /> said City on April 29, 1985, a copy of which is attached hereto and <br /> incorporated herein for all purposes, are hereby accepted by said City. <br /> PART 2. That the date of June 18, 1985, is hereby established as <br /> the date for the beginning of the five (5) year period within which <br /> that certain $33,375.00 promissory note execcuted by Freese and <br /> Nichols, Inc. on April 26, 1985 is due and payable to said City, <br /> subject to the cond i tions set forth In said Promissory Note And <br /> Compromise Settlement Agreement. <br /> PART 3. That the City Manager is hereby authorized to execute, on <br /> the form attached hereto and incorporated herein, a letter addressed to <br /> Freese and Nichols, Inc. regardi~J the acceptance of such repairs by <br /> the City and the establishment of June 18, 1985, as the date for the <br /> beginning of the five (5) year period described in Part 2 hereof. <br /> PART 4. That this Resolution shall be in full force and effect <br /> from and after its passage. <br /> AIDPTED this 19 day of Augu~t, <br /> Eìnmie Craddock <br /> Mayor <br /> Attest: <br /> t;l~1: fJ1Pm# <br /> City Secretarry <br />