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HomeMy WebLinkAbout1996-041J \WPDOCE\ORD\LODGE ORD ORDINANCE NO `1 — 041 AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, INC , AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Lodge Construction Company, Inc hereafter referred to as "Developer" wishes to develop and improve certain real property named Estates of Forrestridge Section II located in the City of Denton, Texas and 16 designing, constructing and installing a water main of a minimum inside diameter of eight inches, hereafter referred to as "required facilities", and WHEREAS, the City of Denton, Texas, a municipal corporation in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main, to provide for an "oversized" water main with a minimum inside diameter of twelve (12) inches to expand its utility system and insure adequate utility service to other customers, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton and Lodge Construction Company, Inc ("Agreement") under the terms and conditions contained in the Agreement attached hereto SECTION II That the expenditure of funds as set forth in the Agreement is hereby authorized SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of 1996 Y, ATTEST JENNI'FER WALTERS,CIITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COUNTY OF DENTON § COMPANY, INC WHEREAS, Lodge Construction Company, Inc , hereafter referred to as "Developer," whose business address is 15303 Dallas Parkway, Suite 1310, Dallas, Texas, 75248, wishes to develop and improve certain real property named Estates of Forrestridge, Section II attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial 3urisdiction, and is required to provide such property with adequate water capacity by designing, constructing and installing a water main of a minimum inside diameter of eight inches (8"), hereafter referred to as "required facilities", and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas, 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows 1 Developer shall design, install and construct a twelve inch (1211) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities", located as shown on Exhibit I, attached hereto and incorporated herein by reference 2 As required by Chapter 34 of the Code of Ordinances of City of Denton,Texas, Developer shall enter into a Development Contract prior to beginning construction of the oversized facili- ties This Development Contract shall be in substantially the same form as the Development Contract attached hereto as Exhibit II and incorporated herein by reference This Agreement shall be sub]ect to and governed by the Development Contract and any other applica- ble ordinances of City 3 Prior to beginning construction of the oversized facili- ties, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 1 evidence of negotiations and reasonable offers made to the affected property owners Any easements for the oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall not be in an amount not to exceed Seventeen Thousand Four Hundred Dollars and No Cents ($17,400 00) City may elect one of the following methods to determine the City's share of the cost a) The Developer shall prepare plans and specifica- tions and furnish them to the City City shall competitively bid the required line and the over- sized facilities in accordance with Chapter 252 of the Local Government Code The difference in the bids shall be used to determine the City's share, sub]ect to the City's maximum participation in cost as specified in this Agreement, or b) The Developer shall prepare plans and specifica- tions and take bids on the required line and the oversized facilities City shall pay Developer the least amount of the following (1) The difference in the bids for the required line and the oversized facilities, (2) Thirty percent of the bid on the oversized facility, as provided for in Section 212 072 of the Local Government Code, or (3) $17,400 00, the maximum participation cost al- lowed herein City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construc- tion, changes in the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions, differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities, Developer's decision as to the con- tractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the con- struction of the oversized facilities WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 2 5 Within thirty (30) days of the acceptance of the facili- ties by City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities Should the actual cost of the oversized facilities be less than the cost on which City's share was determined, City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the over- sized facilities 6 Within sixty (60) days of the date the Developer submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer its share of the cost thereof 7 All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above 8 Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of inDury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this Agreement, this Agreement shall terminate 10 This instrument embodies the whole Agreement of the par- ties hereto and there are no promises, terms, conditions or obliga- tions other than those contained or incorporated herein This Agreement shall supersede all previous communications, representa- tions or Agreements, either verbal or written, between the parties hereto 11 This Agreement shall not be assigned by Developer without the express written consent of City WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 3 12 Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas Executed this the e V day of 19 % LODGE AW$TRUCTION COMPANY, INC , M Tpd Zadeh ATTEST CITY OF DENTON 11YA ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM, HERBERT PROUTY, CITY ATTORNEY C \WPDOCS\K\LODGEWAT K WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC PAGE 4 ESTATES OF FORRESTRIDGE SECTION II R S BW48'21" E 842 91' e 10000 10000 10^98 r t + BLOCK g qi 16020 $F $ 16000 SF 16000 5F 6000 SF 6000 SF $ Ih08' r Ile S56" SF 9�- - �- n y 000010 a°° °°°0 °°°° °°°° °° =' 6 TO FORRESTRIDGE DRIVE N89 x1 W , ?? 115034 4 58 � 165J7 SF p I 589'5J 44 E t 50 00 5 g 59 p 16500 SF g - BLOCK "A# J 50 00 u � 60 0 U 18500 SF oo iE- zO 15000 I? 61 g o Ifisoo sF ? g W 15000 b 1 In' 82 8 16500 SF p I S89 SJ 44 E 15000 r 63 I 15µ5 F '1Y 140 00 14000 10 1 H 17084 SF m 17053 5F - N ' W89 53 44 W 58753 44 F 140 00 I 140 00 g 8 0 16800 SF $ 16800 pF 1400G Ti000 8 B 8 3 g a 1680G 5F 16800 SF ,p ry BLOK"r 110 00 E_ _ L40 0 15 GEN J (SY, $ b 7 g n 16800 SF g $ 18800 SF 4N x N 8753 44 W S895344 E 14000 ' 40 00 8 m 17115 SF m 5 7015 5F - 94903 11 E ry - - 5 64 13600 140 00 Y 1�a , 56 N 275F f433 �F O v n 16482 ,F t 83 16 y 48 49 m J ISO 09 .. SBW53 44 E 181 65 � 1, BLOCK "A" 54 m ; g S11037 F " o 53 99GO 5F s a i Ott F0'1� I r Hey a4 o .` BEN_TWOOD CT m N N845] 44w 153 0 q Y 52 �) 84 70 •10567 F l � G R' SST`7J 76 - m 1y e p 50 51 Ifi02' 1N 943p ,F T v S' C 1 81S 6563 'F a ' �326 SF � 11 o� r 0309 4 OVERSIZED "rTu2cFACILITIES JG w No N 47 1 ( 418 87 �.1 65 1) v C10 9 /5 Ft )f . Q11 Sc 444'i2 F Nbi n JO c 1 t ; 64 t1 65 r 56 6" ' ,N _r 4' 1n -5 — BLOCK BLOCK "A" +� _ 44 ! 4,4, Ul _ S 89'47 2�W 515 04' k � Y ' N w uJ _ O N I TO RYAN ROAD Z + - 14 89'C' 03' w 328 09 ....�J EXHIBIT I ESTATES OF FORRESTRIDGE SECTION II a S 39448'21' E 842 91' a ao 5 as l0000 � woo 102 1 � BLOCK I" r _ 8 7 'o 16020 IF -+ $ 16000 IF } 2 m 5b" SF 16000 IF �6000 $E 1 6000 SF 00 1608, �I� 9b °G0p 0000 °°°° °°°C o° ° =' b TO FORRESTRIDGE DRIVE ne9 2t w + � MOO 48w 1 — t'w 6 G5 b0 09 I a 50 J4 58 2 16537 IF 1 - 44 t__�53 50 00 5 g 59 16500 SF 8 BLOCK 'A" 5000 OL U 60 0 16500 IF - cz ,SO 00 W I b 1341M 8t 8 16500 SP 0 1 W L I 15000 18 82 8 � 16500 Si o S89 53 44 E 15000 I 546 G 140 00 14000 10 1 N '7084 IF N Ir n053 IF N69 53 44 w S8753 44 E 14000 1 140 00 a 0 16800 IF Igo 16800 IF0 S ry N 4000 14000 8 8 8 3 $ 0 1680C IF 0 N 6800 IF o N BLO K "F" _ J4000__ _i4000__ 15 0EN Jf f59+ 8 b 7 n 16800 ,F o 4 16800 IF 0 n 6W53 44 w S6i53 44 E 14000 140 00 8 0 17115 Si w 5 + 7015 SF = - 94503 1 PE ^' 564 136 00 14000 a 56 �h.275 F S +Iti'i433 IF oIM 55 ° 0 v 16482 - 9316 1 9819 3009 181 65 n 86W53 44 E "A" BLOCK t� 54 0 _ ID037 ,F M 0 53 g "' L 9900 IF OLE = _ lb7 1 1 b 84 BENTWOOD CT m N89'53 u w, 5 q v 52 1 4 70 2056 7 F 76 10 B e `z 1!6020' �,n 9Uo IF �1m s 56ff5344 E 12'C 815 49 ^ 48 $ r 6583 -F - ^326 IF 1 1 ��� °3°° OVERSIZED "BELMONT nJ 7 1• ' 00 , 41887 ^ FACILITIES CIO 62 _ O 44414-F 'rnd 54 r7 65 s 56 6- ' ;Fi T ;7 43 N BLOCK BLOCK ' A" a +° : I 44 ( 119^ yt 1� 1 5 89'47 21 W 515 04' /T W I N I I TO RYAN ROAD Z _ v 89T, 03' W 328 09 �} EXHIBIT I ir 1/12/96 12 88 08173887334 UTILITIES IVV0 VMrI IML IIVIrn%jvciYIGIY t rmw%oL;V 1 0001/001 II JV-WTW I -VI PROJ TITLE. (G) OVERSIZE WATERLINES ESTIMATED COST' $100 (x 1000) GROUP ASSIGNMENT DESCRIPTION This propm Will allow for larger Unes needed to service future development and comply W/Maatar Plan PURPOSE PreverntS Ong to upgrade existing lines before they need COST be CALCULATION Estimated cost $100,000 8 FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES On Doftm x 1000) First Qtr. Second Qtr Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENO EXP ENC EXP 1990 25 25 26 25 25 25 25 25 1997 0 0 0 0 0 0 0 0 1998 0 o I 0 0 0 0 0 0 ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $100 $0 $0 s0 $100 TOTAL 2ND YR 0 0 0 0 0 TOTAL SW YR 0 0 0 0 0 GRAND TOTAL $100 80 s0 $0 $100 ENCUM13ERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT Gienetal Purdlase General Purchase Inspep0on Construction Mieoellane ous ENCUMBERANCE TOTAL COMMENTS 212RM 19 14 AS SPENT 100 $100 9188 CASH EXPENDITURES BOND REV AIC OTHER TOTAI $100 s0 i0 s0 $100 0 0 0 0 0 0 0 0 0 0 $100 $0 s0 s0 $100 Exhibit 2 DEVELOPMENT CONTRACT/BOND INSTRUCTIONS 1 All construction of public improvements (i e , streets, sidewalk, utilities, drainage) requires development contracts to be executed prior to construction of those improvements 2 Payment and Performance bonds or escrows are only required if building permits will be issued prior to public improvement construction being completed and accepted 3 Maintenance bond or escrow and affidavit of payment are required on all public improvement construction projects prior to completion and acceptance of the improvements 4 Three-way development contracts apply when the owner and contractor are separate entities A Two -Way development contract is used when the owner is also the general contractor 5 The development contracts, and applicable bonds or escrows must be filled out in triplicate All copies of each document must have original signatures You will want to copy the documents prior to filling them out Do not make copies after they are filled out and signed 6 Co -obligee bonds are not acceptable The bond forms provided bind the principal and the surety to the City of Denton only Do not attach co - obligee riders 7 Submit filled out documents to David Salmon, Senior Civil Engineer in the Engineering and Transportation Department of the City of Denton The address is 215 East McKinney Street, Denton, Tx 76201, Phone (817) 566-8358 e Once the documents have been processed through the City of Denton Legal Department, construction may begin as well as building permit issuance if applicable AEE00478 AAAOOD97 PROJECT NO. CONTRACT NO. THE STATE OF TEXAS S DEVELQPMENT 01ffzACT COUNTY OF DENTON S Whereas, hereafter referred to as "Owner," whose business address is is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] = Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or = Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with whose business address is . hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv's Standard c".e4 Pica*inns fnr Public Works Construction. North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer: Inspections. Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) Tnsuranca. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction North Centresl Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the city's right to reject any improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of owner and Contractor. owner and Contractor mutually agree as follows: (a) performance Bonds• Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the city's escrow agreement form shall be used. (b) Payment Bond• Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 material for, the construction of the improvements, om or each ofesuch gsn subcontractorsatement have been paid in full. (c) Retainaae• Final Payments. [This provision (c) applies only where the owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Fng3Mhrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy• One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City0s Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 6. Successor and AND19M. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, _ day of BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: CONTRACTOR BY: CITY OF DENTON, TEXAS BY: CITY MANAGER 19_. PAGE 9 AAA019DE THE STATE OF TEXAS S COUNTY OF DENTON S That PROJECT NO. CONTRACT NO. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: of County, Texas, hereinafter called Principal and a Corporation organized under the laws of the State of and authorized to do business in the State of Texas, hereafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Dollars, lawful money of the which sum well and truly to be executors, administrators, and and firmly by these presents: made we tates, for the payment of bind ourselves, our heirs, successors, jointly and severally, THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the day of , 19 , in the proper performance of which the C ty of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the day of , 19 PRINCIPAL BY: ATTEST: SECRETARY SURETY BY: ATTORNEY -IN -FACT NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED MUST NOT BE PRIOR TO DATE OF CONTRACT. DATE OF BOND PAGE TWO AAA019DF THE STATE OF TEXAS S COUNTY OF DENTON S THAT of PROJECT NO. PAYMENT BOND County, Texas, hereinafter called principal and a Corporation organized under the laws of the State of and authorized to do business in the State of Texas, here Wafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firma and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of ($ ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with owner, dated the day of , 19 , in the proper performance of which the —City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. each of IN WITNESS WHEREOF, this instrument is executed in triplicate, one of which shall be deemed an original, this the day , 19 PRINCIPAL BY: ATTEST: SECRETARY SURETY BY: ATTORNEY -IN -FACT NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO AAA019DF PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That of County, Texas, hereinafter called Principal and a Corporation organized under the laws of the State of and authorized to do business in the State of Texas, here nafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the day of , 19 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the day of , 19 PRINCIPAL SURETY BY: BY: ATTORNEY -IN -FACT PAGE TWO NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: SECRETARY PAGE THREE AAA019DF Project No. Contract No. OWNER#S AND CONTRACTORIS AFFIDAVIT OF PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS [This form may be used in lieu of a payment bond on contracts of $50,000 or less as provided for in Chapt. II, art. 3.07 (A)(4)(g) of Appendix A of the Code of Ordinances.] That, pursuant to the provisions of that certain Development Contract entered into on the day of 19 , between , designated therein and referred to herein as Owner", , designated therein and referred to herein as "Contractor , and the City of Denton, Texas; Owner and Contractor hereby submit this affidavit, and state, under oath, the following: OWNER That all contractors, subcontractors and other persons who provided labor or furnished materials in connection with the construction of the "improvements", as designa- ted in said Development Contract, have been paid in full and that there are no claims, liens, or encumbrances existing against said Improvements, or the land to which they are affixed. CONTRACTOR SUBSCRIBED AND SWORN TO BEFORE ME this day of 19 , by , as Owner. NOTARY PUBLIC, STATE OF TEXAS SUBSCRIBED AND SWORN TO BEFORE ME this day of 19 , by ,as Contractor. NOTARY PUBLIC, STATE OF TEXAS