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HomeMy WebLinkAbout1995 I • i i I w 1995 Development Contracts MOWN PIN ,yam r 1 , • 4 PROJECT NO. 1J ~2 CONTRACT NO THE STATE: 0 TEXAS § n-yFj OPi,:ENT COtlT CT COUNTY OF DENTON § Whereas, _,jTMe Ctka of lbetl` Ud hereafter referred to as "Owner," whose business address is 14860 Montfort, Suite 205, Dallas, Texas 75240 is the owner of real property located in t1:e corporate lia~'ts 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 con9ition to the beginning of construction of said development, a development contract is required tc ensure that all streets, water and sewer lines, drainage facilities and other improvements whict are to be dedicated to the public, hereafter i referred to as "Ir.,:-rovements," are constructed in accordance with • the City's specifications, standards and ordinances; and (select applicable prov;..ion as follows] Whereas, the Owner elects to construct the Improvements • without contracting with another party as prime contractor, in • • which case the p. ovisions of this contract which refer to "Owner" or "Contractcr" shall mean the Owner as named above; or ! • j i 1 Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Sumaount Corporation whose business address is P.O. Box 1770, Roanoke, Texas 76262 hereafter referred to as "Contractor"; and Whereas, owner end 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 parn:.nt is made therefor; WITITESSE'lii 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 Rontecito DPI S"r..Serdon 2r_Phase 2 in the City of Denton. Texas the Owner, Contractor and City, in consideration of their mutual promises aric', covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: i • (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the qty's Standard • Specifications for Public works Corlstriiction, North Central Texas, • • as amended, and all addendums thereto, and all other regulations, I ordinances or specifications a~-pliGable to such Improvements, such PAGE 2 rte, w • { specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) utllority 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 cf 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 1 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, tree city shall have no • obligation under this agreement to approve or accept the I Improvements, PAGE 3 C • • (c) Insurance. 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 Central Texas, as amended, the provisions cf 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 CovenMts of _,Owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds-'scratL~greemept. That if building permits are to be issued for the development prior to completion and accept-ince of all improvements that are to be dedicated to the public, the following uecurity 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 i' • i i (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) Pa ment Bond; Assurance_ of Pay-,tent. That prior to acceptance of the Iiaprovements: (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, quaranueeinq the full and proper ;--tection of all claimants supplying labor and _er:al 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 cf Texas; or, (ii) if the total contract arao+int cF all Improvements is $50,COO or less, a:~ d:LEraincd by the City Engineer, of 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 bs dedicated to the public. I / That, upon the request of the C:.ty 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, and, when requested, srrittPn statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) et i aae; Final_Pa~gnts. [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 Own,3r shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improve~aants 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) Encumbrances. 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 f I Contractor shall upon notice by the city promptly cause such claim • lien, charge or encumbrance to be satisfied and released or • a i 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 (101) of the contract amount of the Improvements, insuring I` 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. (5} -arement Co---- i_c. That the provision of this ~ • i agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the improvements. PAGE 7 • • I 3. Occupancy: One [.ot 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 iE _nis contract applies to a "one lot development," as defined by city's Development Cade, and no performance or payment bond was required or submitted fcr 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 i 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 i j • i i I 6. Successor and Assigns. This contract shall be binding upon and inure, to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 21st.day of Feb nary 192-,L- - OWNER CONTRACTOR BY: BY: CITY O4DENT TEXAS BY: IR / ATTEST: JE IFE ALT RS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY I BY: L 1~yL An ~ 1 A PAGE 9 ' - - y....~. r.-.,.. . • - - ' . ,R~` ~ ~cf;~ ~4 =~`,~,rte.?s, a = ' I r , 12AL I, Ii PROJECT No. CONT.'tACT NO. THE SPATE OF TEXAS ~ ESCROW ACREVENT 10 LIEU COUNTY OF DENTON y OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, Oaks of Mont(C1 ' Ltd. hereafter referred to as "Owner", has undertaken to develop property wichin the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner haa, pu_'suant to tae ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development: contract to insurv that any and all streets, water and sewer lines, drainege facilities or other improvements which ii ars: to be dedicated to the public, hereafter referred to as I "Imp'rovemencs", are constructed and completed in accordance with cue specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for s-lid property prior to the completion and approval or acceptance of • Cne Improvements by We City; anu WMEAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or a • less, in lieu of posting; a performance bond, escrow cash money • • with a bank as escrow ,.gent in an amount not less than the amount necessary to insure completion of said Improvements; ~ ~ , ,~.,M1 t te1f~.'`4 i.4y,., "k~5r Y i J i • i~ { . L4UW, FHEa"Foil E, 0'.:I EK Cii and _tjr, Gary 11. Kirchuff of Title Resources, 1112 Dallas Dr SuiteA02` hereafter tailed "Escrow A.eent", Denton, Texas 7bZ7S' abree as follows: 1. Amount. Owner, as a coctditLon to receiving building per- . mats for property located at MontecitIl_pei_Stu~S?sS1~u~~ae_~ i in the City of Denron, Texas shal L deposit the i sum Of five thousand nine hundred and eight dollars and no cent,_ ( 5,908.00 in cash -nonev, wit`-t Escrow Agent, s°Ld sum being; in an amount, as det -rrmineJ b y the City, necessary to insure completion of all L2pru-meuts wnich are to be dedicated to the public; said luiprovecaer.cs being core pexticularly described in that certain deveiupr.ent contract dated the 213t- da; of i ;i February 19 95_, betwee!t the CLty, Owner and Owner's Contractor, to whick refere+tce is made herein. i 2. Notice of Veposi`.. iJo building permits shall be issued i by City fo. the propert; herein described until Escrow Agent E notifies City, in writing, that cash money, in the amount "q specified herein, tins been deposited in an escrow account with EsC,,'1W Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, ro release such funds as provided for • herein as follows; • • Chet City shall euthorLze the release (a} c,ngineer all the escrowed funds when all Improvements are ~I PAGE 2 4 • completed and approved in accordance wLth provisions of the development contract; the determinatiOn of which shall be made by the City Engineer whose judgment shall be binding on all Parties hereto. (b) The CJry D% Lneev, may, but is not required to, authorize, periodically, the releese of specified suns of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaLni.ng 1::,provements which have not been, but I are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agrae,aeut shall be sent to the address of the parties heree as follows: CITY: City Engineer 21; East r1c<i ney Denton, TExa;; 7621': oaks of Montecito, Ltd. GWPiE _i4g6Q L%L:)tfort Suite 205 Dallas, Texas 75240 11,tn: George Gibaon ESCROW AGENT: Ir, Gar it. K1,~.hoff _ Title Resources 1112 Dallas Dr. , suite 402 Denton, Texas 76205 4. Fees, Owner agre:as to pay any and all fees or costs charged by the Esc.uv Agent it connection with this Agreement. • 5. Noniia.bility of Escrow Agent. The Escrow Agent shall have no responsibllLty e>:cept for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance • • • with this agreement. The Escrow Agent shall not be liable for any act done or euitted to be done under this agreement or in PAGE 3 I • • connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow i Account, the proper interpretation of this agreement, the duties oc the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall riot be required to act E! and shall not be held liable Eor refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute ri,ht at its 'L-,:retion to do either or both of the i ' following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfectory to the Escrow Agent arid executed and binding upon all interested pertien hereto (who may include the subscribers), the''- t:•e question, dispute, or disagreeme has been resolved; or (b) file a suit in interpleade, and obtain by final judgment renderer; by s court of competent ,fur's- diction, an order binding all parties interest. -n the matter. • 6, Successors and Assigns. This agreement shall be binding i upon the successors and assigns of the parties hereto. i 7. Venue. The parties hereto agree that if any legal action is neressary in cornnectLorn with this agreement, exclusive venue • • • shall lie in Denton County, 'T'exas. i Pi%L;E 4 I i I 1 • F r i LY WITNESS IYWEREOr, the said City, Owner, and Escrow Agent have signed this instrument this 21st day of February 19 95 , CITY OF OENTON OWNER r BY: BY: j I I ESCRO 'ENT R&, Sou xt ?'-S BY: } i PAGE 5 +E• i k c • i W.,.u. _..v_,_:......_. _ ,t,•,e rte, I:rI~ ~aati ep i ~ i P0. Box I I SU(~kAnUAn W)ANOKE, TEXAS 76262 EAAL e, /s 14JO.Ab52 CORPORATION MEMO 6 t7 7/430 GEN CONTRACTORS robruary 10, 1995 a i Mr, ore g Enl, 501 S, CarrolnBOrjng consultants, Inc OentOn lvd„ TX 16201 Suite b Reference, Monteeit,o Del Sur, section 'n,2$ Phase 2 Dear Mr, Edwards, the of February abovsreferenced l pr. 1 j Slmmntrnt has subatantial2 2.3 dayA of final o "at, The items of work rcmain~ng com}rloted behi rng pmvval and r riwa grading nd the curbs, fin,) cm include Y Of our Construction hnrr, wQnstowelialhe City 0£ VSnton ap roximatel een a of the ing traffip g( 'cgdR°• In addition gna' 79V q remaining , i 0 for furnishing ~+na approximato0d0,n) 0 l ti work to be completed is r The Amount abnve4 r value of all d~ee $4,000.00. n our contract, not S include any sanding, which ince there is , Surtmount will include hh~, is not would amount to pproximant 6,360 gy Parkways,to,. $0,30/Sy, $1,9C9,00, of unpaved parkway4l, thir a^'"^tImes next week. c0nditi or.a, wq ghnuld finish our work throw g h. h. next we, At khat time, wq wnlild re9ue a final walk sincerely yours, SUNMOUN: CORPORATION Th~as R. Barb r Vice President TRS/gah ucJ Project File r i e { FPOAi SUNHOUVT CORPORATION FANI 617-648-2203 Mir-0-95 Fr! 13136 PAGE, 02 GrtGkab Ot hnuEenea VM 1M Ya1UAAYri 11x1 f:1ATMiGAtt a i51Yia M A wttiA OF r00M1ANOM OKY AM OCNF M W l"u"la y"C" TOW ttli gwTl,q,K IIOIOtw TIW CS"WATi OR PQM AW W66 WT A,Ar»o, nTew.Oq NrAA SM CpyiaAO[ A,A2pOf0 eY Tlf POUfAt IMTW EROM. This is to cw" th3T COSp03ATTOM NYrraM LIBERTY P. o, x i 17 10 h-- s Ad M=AL. 7ZW 76262 1 I& a it Ji m"61 aw W^'., MW b ~ coroony ~ ra ww~1~ ~ „M"a"'r.A,Ui n a~~aeR~111 +nYM~ e u ror lEnm=4aaWOM m A 07~1d'i0fd Yd b Ohl iMAO bl' in :r im, Am. DATE CONriNWUE U MT OFUABUTY TYrt OF POLICY tx i ENDED POLICY N mmm _ 'I P'OL1CY TEAM . wa+xsirs v CQyEMa1AfF011DEDUN4Ea>~ aMneveeauiaanr VC2-611-DOW30-016 uw0rn+eF4u4w Tiff: Ex,ETk"^Byk"itni COMKNSATION 3/30/97 ALL ATI3 IIC<SPT $300,000 aer NC1-611-004030-034 im, Lu "IY'D 55011.000 YOiKy UA+d _ ~y tVM W D4ooo =~aOQD Elul Aran 1111188 Atop" • Ors, V*1►rowdA+Orr~ jNRI! 4ra0ioA, OEWFIAL LIABILITY 85.[100.000 I--" 31]0/13 Sat-611-004030-104'pmo avvwmw owom N An*"* ~t occUAASNCE _ s2,o00,000 i- - - AF1AD DATE - _ MM'Wwf aM CwMM Dw^W Lam' f„ Lt/UAA5 MADE }2.000&000 L.~-- Oounna ParxAl a+i AA~W1q 1w pow pglara 4eMf Otltlf ~ ' Eidl AN&M , W44 u* AVTO*03IJUTAPT.ETY 32 000 00U . a,Mar.4.Gtrrira ]t OwNG4 5/30/95 "2-611-004030-114 _ hh htaAi 2 NON-UWNED O,ancn Inq£O Cid~ n«+wr a Oeenln MER AWTK NA- ;OMMENTO . e YAr mm ALL 11031 PIIMK[D IT r" KAMItD INSUM 1N Tg GWT=rL1. E*t?n ITATit Street ravtns, HoutOalte Del Sur, Section 2, rhaee I1 Cllunf D6nt0nJllIA 1tAZ 1Nr(i' duo H A, wI lw OOEIMG f *Wvpt M Wrim6W W (96AM 10410% ft aortlieaa NMraial 'E /N u1tIRG01e eapSpaT dab 16 owolAwo or oxbm'W1 Wm.'t 7~A ~y y MI Yel a» rloeiai U an cortm EMpeHw d ~,a~E~ T~ ~NO AIEe 136anr M'~u: A (A S F UEwYOw~N yaAtNI gTOf+ MpS A CWM AI A f fOR D~t41nIITnE Irneiw +S e A T lx MUx.TY W iI APMNCa PNACSS TON eOTyY. N cANCLLUiOM: MOT Ar►.AJalk 4TaW3 A NUMeU or OAYa a ENIiMO NDA' 1 AFFYM THE SIAM LVMSIDS ~ ; • • THE COWAAY YALL NOS CANCS. OA MW Gt TN6 iNWM"C' arlOAtfD UAGEA THE AM POUdES WT L Al lkA6i MOTU OF iUCN CANCiLLAT>^ NAS MIA WktO T4' - Oaka Of HOntacit0, Ltd. mdo** amtiAm It 14860 MOntfvrtal Sulle 205 M7TatlMiEa ACPntieNTAT" rOD~ DA1111r, Texas 75240 q,WJN07OV, C? _ i • ,..:~•...yL~+pt ~aflaFt+RiAL:K+tiCJG+4at+W'KHM~re~u.•nws~naa.uwe :>.e <...r-... ooooO~G~~ o~4C0~cGppp~oo~~ o ti~$ \ o~ C3 ~ a o + O O~OO h T O N t °y oOO ~~041]0004b~~~~ i i j; s E t i S I i M. no-Mil -MSJL-~ • i 'S ~ '+~uooosi PROJECT NO. CONTRACT N0. THE STATE OF TEXAS $ DFVFTIOP!ILNT CONTRACT COUNTY OF DENTON S Whereas, hereafter referred to as "Owner," whose business address is 420 S. Carron $1vd.~,Svi fe Ei De fym, GKa-s7ro2.P--j1i in the owner of real property located in the corporate limits of the City of Denton, or its 4xtraterritorial 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 Cityfs 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 i • • t [ ] Whereas, the owner elects to make such improvements hereafter set forth by contracting with -J pe - -Fu 6~1'e CC. whose business address is eXAS 7hereafter 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, becowe public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITWESSETH 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 ElI o r~cw .l~S` subd~y~s~on orl 7.L l~u Lam ~ a c~as5 ~ S n r~ a us on , the owner, Contractor and City, in conr.ideration of their mutual promises and covenants contained herein, sgrse as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) 8pecifia4tions. To construct and install the Improvements in accordance with the procedures, specifications and • standards contained in Division II and III of the City's standard • Spicifications for Public Works Construction North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to su':h Improvements, such PAGE 2- 0 'f • specifications, standards, regulations and ordinances :)sing 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 -if materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his i representative with every reasonable facility for ascertaining °,hether 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 • O%mor 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 _ j A , • (c) Insurance. 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 f9r Public Works Construction North Central 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 or Contractor say 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 werp constructed in accordance with City specifications. 2, Mutual Covenants of ShMar 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 i 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 r i 1 I • (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 cc%pletion 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 leas 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 whi^h 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 Darr r i i i • I i e i material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Fetninageo Final Payments. (This provision (c) applies only where the owner a„3 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 Ctty. 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 York have been paid or otherwise satisfied. (d) Z=mbrances. That upon c,-Aiplstion 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, er found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and A Contractor shall upon notice by the City promptly cause such claim A A 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 I J • 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 percert (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 FAvn harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or an 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 subcvntractors 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 d i • 3. Occupancy: One Lot Develoaments. Owner further agrees as follows: (a) That Owner will not allow ;ny purchasers, lasses, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violat.,-)n 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 City's Development Code, and no performance or payment bond was required or submi-tted 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 a.l 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. Vanua 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 i a 1 f , 6. gycc.t;sor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this,/jay of aA1.r~ , 1921-S7 OWNER fI CONTRACTORp 1 Jagee~ f Cvb1~C„ r BY: BYs -1 CITY OF 617N, TEAS BY: I t AGER cv,cG, ATTESTS J WALTERS, ITY SECRLTARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY p:%AC k, Aciino~ Q r BY: S.b D P Q F GL • • s PAGE 9 I. i 1 • ~.X ~i b of CONSTRUCTION of PUBLIC and PRIVATE UTILITIES, DRAINAGE and STREET PAVEMENT IMPROVEMENTS ELLISON PARK i 4 BID FORM This Bid is submitted to: Mr. Rick Moore c/o BURKE ENGINEERING 1318 Auburn Drive Denton, Texas 76201 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the Developer (using the form included in the Contract Documents) to perform and furnish all Work as specified or indicated in the Contract Documents for the Lump Sum Contract Price and within the Contract Tima indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. By submitting this Bid, the Bidder attests that he read, inderstands and will comply with all instructions to Bidders, all other Contract Documents and the followirg addenda issued by the Engineer. Date: 3 lie) lei Addendum Number: The Bidder has familiarized himself with the nature and extent of the Contract Dxuments, the Work, the Project site, the Project locality, and all local, state and federal Rules, Codes, Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the j Work. The Bidder attests that he has given the Engineer written notice of all conflicts, errors or discrepancies that he discovered in the Contract Documents and the written resolution thereof by the Engineer is acceptable to the Bidder. The attached unit price schedule shall be completed by the Bidder. However, it will be used only to establish unit prices for additions or deletions to the Project which are authorized by Change • Order, The Bidder acknowledges that NO CHANGE ORDERS ARE ANTICIPATED FOR THIS PROJECT. The unit prices will probably not be used at all, and if used would be for a change In Project scope Initiated by the Developer and agreed to by the Contractor. The Developer acknowledges (by signature of the Contract Agreement) that these unit prices would apply only to changes in Project scope which do not total more than twenty percent (20%) of the LUMP SUM CONTRACT PRICE; changes larger than that would be based on prices negotiated between the Contractor and the Developer. •4- I i • * 1 • i I SANITARY SEWER SYSTEM Rem Description Bid Units Unit ham ~ No. P e Amount 1 V sDn 35 PVC Plpe 954 LF. s S 1 61 2 4' Dle. Manhole 4 3 Each 3 5' DAR. Manhole ' 2 Each 1,14Wei) ;5. G . 4 4' House SeMoe 27 Each vtvfio / f 5 Conned M Eft, Sewer 1 Each 5 1 Sack Trench Ra" 10 C.Y. 7 Row exeetlnp pavement 1 LS. 9 Trench Sa" "6W 1 L.S. c, 9 Trdlk CpNrol 1 LS. YC . 10 MleoelYAeoW 10 1 L.S. C ff4** `Ef.pOC $Cd CC TOTAL PROPOSED for SANITARY SEWER SYSTEM - S 3 lG f_ (Write the Sanitary Sewer System Total on page 9.) NOTES; 1. All prices are for the partlallar item compkft, installed In place in aoceptk4e condition. 2. Mr. Moore will replace the fence and IarldecapbV at Lot 1 in Indian Ridge subdWlon. Bidder anticipates using (J Pwe .ist, (J Cast-in-Place or (yl~oth types of Manholes on this project. f j ~ 5 • • STORM DRAINAGE SYSTEM Rem Description am u1ft unk Mra NO orn6ry PlAw AMOW 1 16' CI. IV RCP 236 LF. S' , $6 2 10' SWKWrd Cub WW 1 Each vCyto vvv-Ca 3 ak 1.6' Pf*CW sox 210 LF. I! ra"'M I r.Swo ~7i I Sv.oo 1 - 4 V Standard Curb IrW I Each r M 3 SG Special InlaVk"ftn 1 Each gw z SOJ,CO 7 rM',go 6 JUMCO n Bwcas 3 Each 7 f DIC MandOM 1 Each 6 10' TF2 TWOU Ch xk 1 Each VNw we Syl 010 Rubber and MM wrappw I.N00 I,rFAp,t✓LJ i 9 Ur SDH 33 PVC 938 LF. (3,00 4 30'ey 10 Yard IMN" 4 Each J'Amw 40. 11 Trench SAWy System 1 LS. isiMACIL 12 MhoeNa o we 10 1 LS. Complete G TOTAL PROPOSED for STORM DRAINAGE SYSTEM $ !SQ,gL j.on (Write the Storm Drainage System Total on page 9.) NOTE: All prices are for the particular tWn =0 9%, lolled In piece In aooepWa e condition. • Bidder anticipates using [►,fPrecast W Cast-In-Place Inlets on this project. l I • . wJ a:; r rj I jt? rif 7n,iw~x 6 .2tr 'T. r r i i i j i r WATER DISTRIBUTION SYSTEM hwn Dw"Otlon BW Units Unit Item No. OuantEty Price Amount 1 s PVc Pipe 730 LF. $ H.C.T S !D L1`i,s• 2 10'x 0' TS6v (By City) 1 EaM • 0 • 4- 3 1' Hour Santa ' 20 Each '/uo w ! 4 FAN Hyolad (CW06M) 2 Each I,V7a, 5 FAN HyftM (ftWO) 1 Each 0 r Cap WMi r Bbw OM 1 EAM c, r 7 v eNrga 3 Each I 0 Twich Safety Sysbm S Each ' 9 FMpoh ExAMkq 1 LS. PAV~ .7Zc CC' 10 Mbc6kftM Jo 1 LS. COM*m SGOrcr ii TOTAL PROPOSED for WATER DISTRIBUTION SYSTEM s :r, sS ! n ■ (Write the Water DIstributlon System Total on page 9.) ' Complete from main pipe to curb stop, Including cofp. stop and V Type K copper lead pipe. NOTE: All prices are for the particular hem compute, kulalled in place in exceptable condition. ~i 7- • i i STREET PAVEMENT and LOT GRADING item Descrilptlon Bid Units Unh Item pq No. Quantity Price Amount I Demdkon, dnrkq, 1 L.S. S $ IN removal and d"m* ~ie,tt 6 ov c 2 ExcmNn and FIN 2,700 C.Y. 3 Lim 51aDIMxed N1 Subptads: T 182 S.Y. ALo 1,4f Td,YO s 2.910 S.Y. 3,4 1 Cww" Curb 8 tuft 1763 L.F. 700 J b 5' Two Coum HMAC 2,160 S.Y, I. 3 24 d)O/ Oo s 5.6- now, Conaw 3,210 S.F. 5,ry 11 _ 7 1' Cky SkW"lk b18 LF. WA 4 8 Skewalk Ramps 3 Each 9 TnOk SlkWy I L.S. f 1 10 Ww"Aneous to 1 LS. Complete 1r- TOTAL PROPOSED for STREET PAVEMENT $ 95,504. 1u (Write the Street Pavement Total on page 9.) NOTE: All prices are for the particular Item complete, moiled In place In acceptable condition. ' With color and finish pattern approved by Mr. Moore. • NOTE THAT PROJECT GRASS INSTALLATION AND MAINTENANCE WILL BE PROVIDED BY THE DEVELOPER. i • • • .8- I • • ■ The estimated quantities shown In the tables were prepared for the convenience of the Bidder. tl By signing the Bid Form, the Bidder attests that he has con fnmred come i ed the quantities. estimated quantities and has based his bid on his own Independent analysis Where he finds a discrepancy, the Bidder Is encouraged to cross out the estimated quantities shown in the table and Insert his own values in their place. p SUMMARY OF BID AMOUNTS: Y Sanitary Sewer System Total - $ Storm Drainage System Total - So,RLF~AD Water Distributlon System Total - %l8] S 5 Street Pavement and Lot Grading Total - ?t5,sa'~4ta LUMP SUM CONTRACT PRICE - $ $Q4, 14 7. 10 The Bidder shall complete the Work, including all incidental tasks known or unknown at the time this Bid Is submitted, for the following Lump Gam Contract Price: ra)r #,,A)AtZ T1V'J V lMO ' {V 4';ionc'eI' LUMP SUM CONTRACT PRICE; (words) (numbers) The Bidder shall complete the Work for the use and enjoyment of the Developer within 90 calendar days (a maximum of sixty days is suggested) following receipt of a written Notice to Proceed Issued by the Developer or his designated representative. The Bidder proposes that for each calendar day completion of the Work Is delayed beyond the stated number of calendar days, the Lump Sum tCo~ the Price Qeshall l Conditions bwlll apply to delay of i4o/100 Dollars ($300.00). (Paragraph 2 project completion.) (The BID FORM Is continued on the next page.) j 9 • i BID FORM SIGNATURE PAGE i i This Bid Is submitted this day of March 1995. 1k Bidder/Contr or By. re of Officer p a rporat on) d Name: oe: - u P D ~3oz- ~ S o Street Address -l) h1k) T k4 • Ir G z 07 City, State and Zip Code 4x/71-14A G8 I A Telephone Numb-.r W (Please affix corporate seal.) r • -10- • AAA019DE PROJECT NO. j~SU3 CONTRACT NO. ^~I PERFORMANCE BOND THE STATE OF 'TEXAS $ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: $ That JAGOE-PUBLIC COMPANY of Dent(,n _ County, Texas, hereinafter called Principal and SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York and authorized to do business in the State of Texau, here` naafter called "Surety", are held and firmly bound unto the City of Denton, + Texas, a Municipal Corporation, in Denton County, Texas, I hereinafter called "City" in the penal sum of ---Two Hundred Two Thousand, I One Hundred Forty-Seven and 90/100 Dollars-------------- {S 202,14'T.90 1 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, I and firmly by these presents: THE Condition of this Obligation is such that: I WHEREAS, the Principal entered into a certain contract with Owner, dated the day of , 19 , in the proper performance of which the C y of Den on, Texas, has an interest, a copy of which is hereto attached and made a part • hereof, for the construction of: Public and Private Utilities, Drainage and Street Pavement improvements for - Ellison Park in "ie City of Denton, Texas NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreewants of said contract in accordan-.;e 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, 1 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 I' all authorized modifications of said Contract that may hereafter bemade, notice of 4hich modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. r PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. f AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, a?teration 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 I' this bond, &nd 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 tripljcate, each,pne of which shall be deemed an original, this ZL4L- day of Hmr,~I 19~_. , PRINCIPAL SURETY I TACOE-PUBLIC COMPANY jEAROARD .SURRTY r..nMPANY L. { BY BY: ATTORNEY-IN- ACT Rosemary Weaver ATTEST: SECRETARY r NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND 1 MUST NOT BE PRIOR TO DATE OF CONTRACT, 1,1 f I I f PACE TWO r~ w 1 I IT- Certified Copy Sir kBOARD S*RST? /OMAN'T ; No. 11956 ADMINISTRATIVE OFFICES, SEUMINSTER, NEW JERSEY { POWER OF ATTORNEY f KNOW ALL MEN BY THESE PRESENTSI That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, ronslituled and appointed and by these presents does make, constitute and appolnl john R. Strockte's or Ro:ranary weaver or L. Ray Pith, Jr. or Beverly Hayes of Dallas, Texas Its true and lawfulAtiorney•in Facl,tomake, execulteanddellveeonItsbWWissunist"poNeMs,ala"baads,wrdaepkNypsand other Instruments of similar nAure as follows! without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Faci, shall be binding upon the said Company es fully and to the same extent as If signed by the duly authorized officers of the Company and sealed with Its corporate seal; and all the acts A said Attorney-In-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This uppointmenl is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still In full torte and effect: ARTICLE VII. SECTION I "Policies, bonds, recaanlunca, sapdsflons, comenh, of surely, wix nw we, underlaltkge and IraManrank r11 11 alarelo. n sun ante policies , bonds, recogniances, sl ipuiations. 60nsems of su rely and u ndnw riling undertakings of the Company, and rNeases, agreements and of her wrntings reloling in any way thereto or to any claim or loss thereunder, shall be algned In the Mme and O,I behalf of the Company (a) by the C h airman of I" Boa rd, I he Pr aside[ I. I Vice-Preafic l of a Resident Vine-Prooldent and by the secretary. an Assistant Secretary, a Reeleeni Secretary ore Resident Assistant Secretary, or (b) Dy an Altorneyin•Fact for the Company appointed and authorized by the Chairman of the Board, the Presrdent w a vice. Presic l to make such signs Im,c or 0) by such other of [cars of repreaentativn as the Board may If" time to t;" (Wevmine. The sear of the Company shall if appropriate be affixed thereto by any such office, Attomeyin-Fact or represwlative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretarlea, this .._Zoth day n1 January 1994 i„rl1, r ' 'ra AttestSEA RD URETY COMPANY, 1927 (Seal) et del G~it~ By rutent Seer cry VicePrpl t STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 28thday of Jr3t13),li y_.,_,._ . _ _ . 19.94..... before me personally appeared Michael _B.-.Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acqualnled, who being by me duly sworn, said that he resides in the State, of Wlawr..Jersev..." ; that he is a Voce-President of SEABOARD SURETY COMPANY, the corporation described [nand which executed the foregoing inslrument;thathe knows thecorporateseal of thesaidCompany: that the seal 11110 said Instrument lesuchcorporateserl: that it was so affixed by order of the Boa rd of Directors of seld Company; ano lhal he signed his name thereto as Vice-Presldent of said Company by like authority. BELINDA FAYE LEE NOTUT NUK OF Nt1Y Jill (Seal) G~.' NotaryPublic. C ERTI F10ATE Assistant Secretaryof SEADOAItD SURETY COMPANY do hereby cerGly that lre original Power o}Attorr,sy of which the foregoing is Mull Irueandccrreclcopy. is on rrdl lorea And elfec.l nn the dale of this Certificate and l do lurther ceri ily that the V,ce•Plesldent who eyccuted the said Power of Attorney was .:te of the Olf,cers authorized by the Board of Dneetmsto appoinran alto me y l e-fact as provided in Article VII. Section 1, of IN By-Lows of SEABOARD SURETY COMPANY This Cer4hcaw may be E,gned ano sealed by facsimile underand by suhmtly of the following resolution 0111he Cxeeuhvs Committee of the Boardof Deeclois of SEABOARD SURETY COMPANY at a meeling duly celled amid held on the 25th dayol March 1970 `RESOLVEO t2l That the use of a printed facsimile of she C01POrn1e seal of His Company and of the signature of an Ase!61us1 Secretary On any • ceitdicalionof lhecorreclness of a copyoren insllumRn executed by the President ore Vice -Presidenipursoonlto Arliale Vll,Seetloh 1,01thaeyLin" 0 appointing and aulhoriting an alto roi fact to sign in the name and on behalf of the Cvmpsny surety bonds, underwnting undertstings Or other Instruments descl,bed in said Article VII. Section I, with Ilke effect as if such seal and such signature had been manually sffixed end made. heal is aothoiaed and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this °ls • ^c ,r. day of 19.__ . `rota «s0 IMF~pmp116P (Rev the) "I !III r,I7dFI thl im d o4 k fur l l In hmvr or Al ((,f (JOY cfar k. ri n;P r e',': lfl m f•„vMf . h,I c r .n,, R.- ,.i,• v r I. , _,I 6.J -n ur!P,) c.' di,l;ul~ ai 1',u l oIA Pd t I rh 14~ pcnur is nllnchull in New Yt,lk. edit 212-b?76444 • „ AAA019DF PROJECT NO. 9,S'U3 CONTRACT NO, ~iqj PAYMENT BOND THE STATY OF TEXAS S COUNTY OF DENTON S THAT` JAUOE-PUBLIC COMPANY i f~ of Denton County, Texas, hereinafter called principal and ( SEABOARD SURETY COMPANY III a Corporation organized under the laws of the State of New York and authorized to do business in the State of Texas, here nrrftAr called "Surety", are hold and firmly bound unto the City of Denton, J Texas, a Municipal Corporation, in Denton County, Texa., I hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon I the buildings, struetares or improvements referred to in the attached contract, in the penal elm of ---Two Hundred Two Thousand, One Hundred F'orty-Seven and 90/100 Dollars----------------------------------------- 202,1117,90 ) Dollars, lawful money of the United states, I 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: I 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: • _Public and Private Utilities, Drainage and Street Pavements for Ellison Park • • In the City of Denton, Texas I PACE ONE i • 3 NOW, THEREFORE, if the Principal shall well, truly, an(! faithfully causi 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. I, Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. I. AND THAT sa!d Suroty 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, Spticifications, Drawings, etc., accompanying the some 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 tri 1i to each s of which shall by deemed an original, this the day of L~ 19 PRINCIPAL SURETY JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY BY: BYi 0 0 el ATTORNEY-IN- CT Rosemary Weaver ATTESTS J T 1, 1 SECRETARY I NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • • • 1 PAGE TWO r y I 1 T AAA019DF PROJECT NO. 95'3 CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) J J THE STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That JAGOE-PUBLIC COMPANY of Denton County, Texas, hereinafter called Principal and _ SEABOARD SURETY COMPANY L. a Corporation organized under the laws of the State of New York I and authorized to do business in the State of Texas, here na er 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 Twenty Thousand, Two Hundred Fourteen and 79/100 Dollars fS 20,214.79 1 Dollars, lawful money of the United states, the said sum being ten percent (104) 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 performan^re of which the cC testy ofof Denton, Texas, has an • interest, a copy of which is hereto attached and made a part hereof, • • for the construction of: I _ Public and Private Utilities, Drainage and Street Pavement Improvements for f Ellison Park in the City of Denton, Texas 4 PAGE ONE low i 1 f 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 uther 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. f; In case the maid 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 I: 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 I 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. I_ IN WITNESS WHEREOF, this instrument is executed in triplicate, each of which shall " desmed an original, this the +1~ day I of ;14 y, 19 • PRINCIPAL SURETY JArTF'.-PU[11,IC COMPANY SEABOARD SURETY COMPANY BY., 0" /,Uj BY., p.1~ ATTORNEY-IN-FACT Rosemary Weaver PACE TWO ~i !r! 1. ` NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i, k ? ATTESTi R ~Y SECRETARY 't rrr1~~~ W 4 t t, 1 ~ FIIF I 1. 1 )E 1 I' 111 PAGE THREE q y; , t • -~.♦'w .r wh. +row w vw wW{I -•_.M k5*~f MSS)~Y'L 0.YWll( r 1 µIr tr µ id'. 0. r ' . Y. 1 t .17 9 7 E 1T- Certified Copy S8J BOARD SVRM /r/~ WMPANT No. ] 1956 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY j POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT 4: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointee and by these presents does make, constitute and appoint Jehn R. Stockton or Rosenary Weaver or L. Ray Pitts, Jr. or Beverly Hayes of Dallas, Toms Its true and lawful Attorney,in-Facl,tomake,execute anddeNwronIlishoaMlnNxartnIfa"ph wretyponds undertakkep WW other instruments of elmller nature as follows: Without Limitations Such insurance policies, surety bunds, underlekings and Instruments for said purpose.;, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent m it signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of pfd Attorney-0-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 81h, 1927, with Amendments to and Including January 15, 1982 and are still In full forco and effect: ARTICLE VII, SECTION I `Pdfcles, 1ron0a, recoanlaareeM, etiptANhm, consent of aor ft undeneAtlna unAwlaiYge and Irmanwnenb reMaq Nsrela. Insurance policies, bonds, reeognitarl Stipulations, consents of surety and underwriting undertakings of the Company, and rMessee, agreement end other w+dings relating in Anyway thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (al by the Chairman of the Solid, the President. a Vke-Poesldenl or a Residenl Vice-President and by the secretary. an Assistant Secrela,y, a Resident secretary or a Res,deni Assistant Secrelory; or (b) by an Attorney-in-F&O for the Company appointed and authorited by the Chairman of the Board, the President or a Vice-President to moko such signature: or lot by such other oHicere or representatives u the Board may from time to time determine. The seal w the Company shall it Appropriate be afliked thereto by any such officer. Attormily-In-Feel or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and Its corporate seal to be hereunto affixed and duly attested by one of Its Assistant Secretaries, this ._Ulth... day of January 1994 s 41, Attest: B~ASQARD URMPANY, 1927 (Seal) S L r <lJ. rs t + ar a malam Secr cry r Vice•Prssi ...,I STATE OF NEW JERSEY ss COUNTY OF SOMERSET J q On this _ 28th_ _ day of Ja1ltti 19.94..,.before me personally appeared Michael Faeg8ri a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, teing by me duly sworn, said that he resides In the State of ..Diew,.Jerisey.._.. ; that he is a Vice-President of SEABOARD SURE fY COMPANY, the corporation described In and which executed the foregoing instrumenl;that he knows the corporate seal of the said Company; that thesealaffixedto said Instrument issuch corporateseal; } that it wassoaffixedbyorderoftheBoardofDirectorsofsaidCompany;andthathesignedhisnametheretoasVice-President of o said Company by like authority ULMDA FAYE U1 NOT"Y Ki Of NEW a sty i (Seal) ,\rroruY/; MrComaiuleaExplrekpt.II 91 A~~.,.. -PFi • :r rwur C E R T I F I C A T E Note y Public Ltnov ~nad ASSialanl Sccnelary of SEABOARD SURETVCOMPANY do hereby certdy that Polls original Power olAttorney, of which the foregoingia a lull lrue and co i r"I copy is in lull forco and elfec l on the dal o of INS Certi h Cale and P do further candy that the Vice-President who executed the said Power of Atlomey was one of Ire Ofbcery autnonted Uy the B~erd of Directors to appolni an elloiney-in-lactasprovided in Article VIP, Section I, of the By-Lawaol 5EABOAHDSUAE1Y COMPANY Ties Cerhhcare may bo signed and sealed by facsimile under and by authmily of the logowmg resolwico of the Execui ve Commdtee o1 the raoard of Directors of SEABOARDSUPETY COMPANY at a meeling dulycAlled and held or, the 25th tlayor March 1970. -RESOIVED (21 TPrel the use of a printed lacsimi{6 01 the Corpar410 oral of the Company and of the signature of an i,saiaunt Secretary on Any certification of the LuFh chess of s copy of an mslmment executed by the President Ora Vice-President purWant to Article VII, Secllon 1,01 the sy-Laws • • apporiling and authorizing en allorri to sign in the name and on behali of I,le Company surety bonds, underil undertakings or other Instruments described in said Anlclo VII, Section 1, with like effect as 11 Such seal and such signature had been manually affixed and made, hereby is autnohred and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this sos4r day of t9. cp, a ,e ~ror xrY ~p~m Is? (vMf .al..r„der off, :.,.,,.y_j l l r. l',: wi,, d Allarn,,,, r moil rt1i ~,.uliart. 90U 6:a :n,~,>n and risk iuf Pill, P;awu ,I Altornoy cleikPloaco l okr to lhu PN)vA'f rlirvr~ r ,uL ll r, ,hrrr.• 1:1 11,,(1 laths d I ilf',V nw; d mitre r! lhn bond In i1. 1001 Ihn (nwwr Is nnached. In Now York. Uiol 212-62AW44 • • ON bAft OW! C8R11PIOATI M IMIM As A AIATTUI Of W IMMAT ONLY ANNO 1001 1 NO WM UPON THI 71001111 0FR?wuAT1 C ATIM GOVNIAa Rom" a II+1 W&WV r I DM W AUUM. RMRD' ON AUFA DI T11 W AlIVNM BY Y no 8. on Iula ►a elul u~ orb: ES AFFOa IT E Dlnlen Tx T11EOtFTi11 ..,.._.E,.,.__... urrw A TM Tmvwm b*"m COMPAfY ! e umm p a I" No Datial TTt "M UR161 D t. CarTiaMOY E THIS 16 TO CHMFY TNAi THE PWJCIE6 OF INIU~7AHCE U$TED BROW NAPE BM AWED TO THE WFIED NUKED AW4 FOR THE POLICY PEIEOO WOtCATED- NOTMTWMDINO ANY REOVINMENT, TERM OR W MOM OF ANY CONTMCT OR OTHER DOCUMENT WITH PESPECT TO WHICH TM CERTIMCATE MAY M NUIO OR MAY PERTAIN, THE MgURANOE A" M BY THE POUdlE DESCPoIIED HMW 16 7U6JECT TO ALL THE WW, tR 1 AN.10 DITION9 OF SUCH POUCU. UMRE SHOWN MAY HAVE SUN REDUCED IT PAD CLAIMS iCWY IAIIgA tAl 1YIE OR 1111A1rNICl f v M rDa'rYl..iMal (wou h „wir A Hr/llrr YL/ClWK4111 1d11M 1G4tlM NWW AOEMOArn I/ ~p0001 I x CDMAi1 k WOUL WttRr j 1}g0VC1iiC1,•Ar boo:. / aAw . ~ LxcVK , K401 It "AN" ADY DIAIIM I r «10188 ! , aAwRti ~ eamuora rnoT ~ ~ e~ai otarrrwci " "tooNibd t NIA DAMVI NAM w AW ~r 11101 t ND ~uiirE uw m. oNwi r 1108 . ' ' . A AVIOMU ' YO POW41►4 COMIM 8. IMnf1Y 601A1 t0A11A1 MNOU i Nn AVID uRF wotr 101000. Au amm ARC/ 104DUM X" ow WJON NRiD NlNW t . I ; S E alocr RAAtr 3 A014-00a AM ! N10MIY DIMAOr ~1 ' 100111f1 1WH OCgIM~i.t r G ~1 Y I ; HAMRA IMCU>•AgK4T-0 . 11DIM `vt. A ! 't. x ; tam m woRwMm W U10100" FDIM c G A i r011v1 7 OOMMMTpIN YEIUBSM40W ~ pATUiDM'Lrlll► ~~v~~~r ~4~„~~93'{~ 1 1«1101 yp IOATM IO.g1f11 r 4 . DOOM - I", LWT U41ER1' , ~ D EG... UC11 BIl01w 100110E ~ / 1101010 i I i { OSCIILTI7N M 01~1~tI0MAL0o1110AN7hi0lAM7Mi Irui1 liftm F" CRY N 0~ as A"tWW Ylllllld IWULD ANY OF THE Aa"DECOWID POlN9F0 rE OAK, 21110 WFW THE EI MMTION DATE TNEMOF, THE g11AN1 OOMPA V WILL ENDEAVOR TO pRy N DIRIOM MAIL * DAYS WTEM NOTICE TD THE OERIIMCATE HUM NWED TO THE AEtn1 DWM MI/IRen U", 1UT FArUNIE TO MAN. X X4 NOTICE 04AU NMPOIE NO OKWr4M OR ETI 1. ANkAItNry UAAI OF MY W UPON THE COMP : ITI ADENTI ON RMREtfFNTAT", DaNat TX NMI All Y ' b • __....~__._....~.~_.._........:.`Mw......_....~.~_, Uti Y 4.. 1 L t , • • , yy I I OG000pC 0QF D tr pOpo~OO pp ~ ° o C c a~ ' ► ° N t e 0000 ~~4QQ006a0p000 1 E~ • I 1 ow" s • • AAAOOD97 w PROJECT No. ~ CONTRACT N0. THE STATE OF TEXAS $ I pfiVELOPMEdT_ COdTHACT COUNTY OF DENTON $ 4 Whereas, hereafter referred to as "Owner," whose busine,33 address is _ 2¢00 FNS Ej 218jT Den~ov►r~K~,s 7205 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictionj 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 newer lines, drainage facilities and other . improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with a the city's specifications, standards and ordinances; and [select applicable provision as follows) Whereas, the owner elects to construct the Improvements • withr,ut r.ontraeting with another party as prima contractor, in • which caso the provisions of this contract which refer to "Owner" or."Contractor" shall mean the Owner as nemed above; or, i 1 ro 1 Whereas, the owner elects to make such Improvements hereafter .set forth by contracting with JRJ FcW nq, T AC. p whose bu-s-~i-neca address is ! 1332 MA-6 S `l~ , cSuc fe ton; Was as Ie,hereafter re.erred to as "Contractor"; and 75 Z 2 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; WITNESSEri! 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 D6ierw o VkckSe 2 a. rew&ah'd s~bdr`y(`Sc`or► in nar`~1- eas f CJenfoo T kas~ , the owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants o Contractor. Contractor agrees as.follows: s (a) Scecifiratione. To construct and install the I~ Improvements in accordance with the procedures, specifications and ! I standards contained in Division II and III of the City's Standard • acifications for Public Works Construction. North Ventral Texas, as amended, and all addendum■ thereto, and all other regulations, ordinances or specifications applicable to such Improvea,ints, such PACE 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 Enoineerr Ines ons. TIsta 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~'ity 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 h'is ' 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 Contractors 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 I NO asr 1 i a a j i I f I 1 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided i for in Item 1.26 of Division I of the sanded Specifications for public Works Construction. North Central Texas, as amended, the +j provisions of which are expressly incorporated herein by reference; I provided, however, for purpose of this provision only, owner," as 1 used therein, shall mean the City of Denton. (d) deans and Methods of gonstruction. That the means and methods of construction shall be such as contractor may choose; subject, however, to the City's right to re}ect any Improvements for which the means Or method of construction does npt, in the I judgmant of the City .Engineer, secure that the,Improvements ware , i constructed in accordance with City specifications. 2. Mutual Qovenants gf owner and Contractor. owner and contractor mutually agree as V)llows: (a) Performdncg Eondg: 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 tha public, the following security requirements shall apply, unless the r development is a "one lot development," as defined by City's Development Codes (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 exseuted by a surety company authorized to do business in thu State of Texas; or, PAGE 4' i i (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 Inip~.ovements.. Without exception, the City's escrow agreement form shall be used. I (b) Payment Bondi Assurance og Payment. ghat prior to acceptance of the Improvements; (i) a payment bond will be furnished in an amount not less than one hundred percent (1004) 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, regai:dless 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 performisd and material furnished in connection with the construction of the Improvements have been paid in full and that there + w 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 PACE 5 ! r'~ • r material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retaipaces 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' shell 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 bean paid qr otherwise satisfied. (d) Encumbrances. 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 • • • ..Ilan, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, i i PAGE 6 • _.....~.~M Irk. . 7 i J • ~ i i i lion, charge or encumbrance, in favor of the City, to ensure ~%Ayment of such claim, lien. charge or encumbrance. (a) Maintenance Bond. That prior to approval or acceptance of the lmpru~,emants by the City, to furnish a maintenance band in {I form and substance acceptable to the City, in the amount of ten percent (101) 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 tho State of Texas. (f) Indemnification. To indemnify, defend and gave 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 subcontractoral 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 r r agreement shall control over, any confliptiing provision of any. contract between the Owner and Contractor as to the construction of the Imptovements. PAGE 7 f. • r i 3. Occupancy: One Lqt 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 tl,a 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 City's Development Code, and no performance or payment bond was required or, submitted for the improvements that are to be dedicated 'to tha public, the Owner shall not be iiaued a' certificate of Occupancy for any building constructed or located thrrein until all 'required public improvements have been completed and accepted in accordance with this contract. 4. a2Yuants of city. That, upon proper completion of the improvements in accordance with this agreement, the city agrees to accept the Improvements. 5.,Yen_ ue And Governing Lew, 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 s 6, successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. / Executed in triplicate this,/4ay of °NE cld, Wads &A> J, v. co!M. V~1-'Ieve BY: aY: CITY OF.DENTON, TEXAS BY i CI MANAGER ATTEST: (~Zv% 91 F WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: WHAEL A. HVCM, ACTING CITY ATTORNEY 8 Y t I' ~u,2 a . FiL~ ~ I . - i PAGE 9 a I 1 i STREET PAVEMENT ltem Descr1r%fl' Bid Units Unit item No. Quanllty Price -Amount 7 Exuvsbn 4700 01 62 70 8 time StaW46d 6.010 B.Y. Su ode r 0 Conaob Cuib l t3unir l.71s LF. ~2~ 4 6' Two Coupe HMAC '1.706 Sly. ,Z p't 6 4- qy 8kowsst a 1,704 Lf. WA .p. r 6 ris*WI P PAMN 6 Each WA` .6 7 Mats Co(wWo AOoy' 120 L.P. A. Lime 8MMId ,7~ 7f't3t-a bub"dr 266 8.Y. U. Mint. 6' Conente 2ss &Y. y e t 7g0b .841ey, 1 LB. " 1,1Q.(A I I ' 0 MIo" nwi to 1 r LS. Copt e1e 71/V t~ t:0 TOTAL PROPOSED for STREET PAVEMENT • S Le ~O.tJca (Write the Street Pavement Total on page 9.) NOTE., All prices are for the particulat Item complete, Installed in pIRCe.In 4600,%bid condition. Not subject to City bonds. NOTE' THAT PROJECT (3 GS INSTALLATION AND MAINTENANCE WILL Be PROViDEb BY THE DEVELOPER. II 1 i) .8. rl I r 1 , I 1 • • irr r I I ~ r. AAA019DE Bond No. 30658544 PROJECT NO. CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL HEN BY THESE PRESENTS: COUNTY OF DENTON S That JRJ PAVING, INC. 11332 Mathis, Dallas, TX 75229 of Dallas County, Texas, hereinafter called Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND and COLONIAL AMERICAN CASUALTY AND SURETY COMPAITY a Corporation organized under the laws of the State of Ma land and authorized to do business in the State Of Texas, here natter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texau, hereinafter Called "City" in the penal sum of Ninety Three Thousand, Six Hundred Sixty Eight and O8/100------------- f$ 93,668.08--------1 Dollars, lawful money of the United States, for the payment, of which sum wall and truly to be mad- we bind ourselves, our heirs, executors, administrators, and succesacts, jointly and severally, and firmly by these presents: 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 o Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Construction of Street Pavement Improvements at Deerwood Phase 2 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 1 I I • 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, Sp..cifications, 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 SURETY FIDELITY AND DEPOSIT COMPANY OF JRI PAVING, INC. MARYLAND and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Byl BY: ATTORNEY-IN-FACT Don E. Cornell ATTESTt SECRETARY • i NOTE: POWER OF ATTORNEY OF SURETY !BUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • • • PAGE TWO i s The FIDELITY AND DEPOSIT COMPANY OF MARYLAND s Qe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Ctrtpwlks HOME OFFICES; BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOw• ALL 2v1EN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the Cor.ONIAI. AMERICAN CASUALFY AND SURETY COMPANY, corporations of the State of Maryland, by C. M, PECOT, JR., Vice•Presideni, and C. N'. ROBBINS, Assistant Secretary, in pursuansee of authority granted by Article Vt, Soclion 2 of the resp: ,ive By-lsws of said Companies, which are set forth on the reverse side hereof and are hereby certified to he in full for. a and Afecl on the date hereof, do hereby nominate, constitute and appoint Jerry P. Rose, Tomi .J. Braun and nnr. E. Cornell, all of Dallas, Texas, EACH s t c rue en aw agent end Anomey•in•Fact of each, to male(; eiidute, seal aid dd'hircr, for, and on its behalf as surety, and as its act and d.`ed: any and all bonds and unde'ttAkinga,-: (EXCEPT bonds on behalf of Independent Executors, Community Surv3VOis and.CdilHbunity Guardians., ARSthe eaecuuon of such bonds or undertakings hn pule of these p(eteats, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, u if they hiW:,b* duly exlay'$ and acknowledged by the meolarly elected officers of the respective Companies at their offices in Ballip mrc,-Il in (heir tifm proper persons. cC r IN WrTNESS WHEREOF, the Faid VicerPresidcnt and Aisisllnt Secretary have hereunto subscribed their tames and affixed the Corporate Seals of the said FIDEi 6-ANIy DEPOSif~ t*PANY OF MARYLANO aril the COLONIAI. AMERICAN CASUALTY AND A.D. 19_94 ,r........... day Of..... NwemAer......_...._. SuRerY COMPANY this- ?rii. ArresT TT ; Y AND DEPOSIT COMPANY OF 61 LAND SEAL By...-... Af4 . Serreran' Vir Prrrid,yr COLONIAL AMERICAN CASUALTY AND SURE OMPA i 13Y - 13Y_1 - Arrivwf Serrelan' Vice President SfATri OP MARY LAND C'R.INTY 01- BALTIMORE SS. On this, 1111------ day of NOVe111bQY......... A,Dr 19.94, before the subscriber, a Notary Public of the Scale of Mary land. duly commissioned and qualified, came C. M, PECOT, JR_ Vice President and C. W RObBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY 01 MARYLAND and TM COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to nse personalty knei to ho the ndividuai.s and officers described herein and who executed the preceding instrument. and [he) each ac Lnnwledged the execution of the same, and being by me duly swom, seve"lly and each for himself deposnh and with, that they are the uW officers of the Companies aforcudd. and that the seats affiseJ to the preceding instrument are the Corporate Seals of s6d Companies, and that the said Corporate Seals and their signatures at such officers were duly affixed amt subscribed to the mid instrumem by the wnhonty and direction of the mid Corporations. IN TESTIMONY WHhLEOF. I We htni set my hand and affixed my Offl:hl Sul the day arid year first above wrinen, CAROL J. F DFR / Nnruzy Pa61ir My commission expires AAttlAk.1,.1.926 CERT1FICATE ! I. The urukoigned AsImani Secreury of ilk Fl DELtTY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify thal the original Power of Attorney of which the foregoing is a full, we and correct copy , is in full force and of feel on the date u f this certilica t e: and I do further certify I hal the V ice-Pre s Idenl who exec uled the w id Pi me r of Allow) %as orw of the iddruonat Vice-Presidents specially authorized by [be Board of Dirccmrs in oppoini any Attorney-in-Foci a, provikd in Article Vt. Sect ion 2 of the respective By IAws of ale FI DE LITY A ND DEPOSIT COM PA N V OF MARYLAND and the COLONIAL AMP RICA N CASUALTY . 0 AND SURFAY COMPANY This ccltilicme nay he signed by facsimile under and by authority car nesnluuom of The Board of Directors of the FIDELITY AND DEPOSIT • • COMPANY OF MARYLAND a- a mecling duly calleu and held on the 161h day of Jul). 1969 std of the Board of Dirccmn of The COLONIAL AMERICAN CASUALTY AND SURETY COMPAN, at a meeting duly called And held on the .5th day of Datmbcr. 1991. RESOLVED. "Thal the facsimile or mcchanicar y reproduced sigrotme of any Asustan; Secretary of the Company. wttelber made heremfnrr or mucaher, whenever appearing upon a ceniried v ,ny of any power of a+TOmcy issued by the Company, shall be valid and binding upon the Com. parry with the same force and effect as though rr.riuall.v afflwd." IN TESTIMONYW H F.REOF, I Jove herromo subscribed my name and affixed the corpse I cols of the acid Companies, thls ................dsy n l 19_..... ..T nuwnsi -168-0589 Assiszaar Srcreran, 1 I EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Anlcle VI, Section 2. The Chairman of the Board, or the President, or any Hxeculhc Vicc-President, or any of the Senior Vlce. Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Bxecutlve Commminee, shall have power, by and with the concurrence or the Secretary or any one of the Assistant Secretaries, to appoint Resident Vic-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as tlto husiness of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, ondertarlng, rccognizances, stipulations, policies, contracts, agreements, deeds, and releases and aWrnments of judgements, decrees. mortgages and Instruments In the nature of mortgages,...and to &Mx the seal of the Company thereto." EXTRACT FROM BYLAWS OF COLONIAL Ah1ERICAN CASUALTY AND SURETY COMPANY "Article Vl, Section 2.T ir 'hairman of the Bnarsl, or the President, or any Executive Vice-President, or any of the Senior Vice. . Presidents or Vice-Preslants specially authorized so to do by the Board of Dirretors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vlo:-Presidents, Assistant Vice-Presidents and Attorneys-In •Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognlzances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgements, decrees, mortgages and instruments in the nature of mongages,..•and to affix the seal f of the Company thereto." t ' _j { r i r { i i j f y j n. I A s r AAA019DF Bond No. 30658544 i PROJr,CT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS $ COUNTY OF DE,NTON S THAT JRJ PAVING, INC. 11332 Mathis, Dallas, YX 75229 of Dallas County, Texas, hereinafter called principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND and COLONIAL AMERICAN CASUALTY i;" SURETY COMPANY a Corporation organized undsr the laws of the state of ma lane~ and authorized to do business in the State of Texas, hereinafter 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, firms and corporations who may furnish materials for ur perform labor upon the buildings, structures or improvements raferred to in the attached contract, in the penal OUR of Ninety Three Thousand, Six Hundred Sixty Eight and O8/100----------------------------------•----------------- ($93,668.08--------- Dollars, lawful money oZ the United States, to be paid in Dlantoru, 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 much 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, Texam, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • - e • Construction of Street Pavement Iaprovement: at Deervood Phase 2 1 { I PAGA ONE - r. I 14.. .T 4 1't3W W M rl6'24~ w N 1'34'31' W 277,14' 3 30 MANHOL E AT I 3r,or 434.41' ~ $EVER LINE. Ars 1 CITY AT 1 4 S 1'34'0' E r b TMPING 161 UTILITY EASE NT 244,60' - ~ ATALVE M1 F1CLD OEKLOPERS C03T 1 - Ir 4.7 BEND 6' WATER TINE I Ir 4Y AEIJD- 4Y BEND - Ir 4S BE►ID / 1 ~ 'A _ +s STA. (6+00 / er VALYE 'I I - =IRE M'DRNlT _ S 1034'0 E 4' MC lK 4' MACE J SEE DEYAII 01 ,a del' I ' UTILITY EASE WV 135.77, SEE DEVIL i SIDEWALK b t ON SHEET SEE DETAIL 02 8 r ' s /y ON SHEET I ON SHEET I 16' u10.rtr EASE WENT S r31'O1' E ie y ► e. / 14394' / 6)(6+c6 iFE CURB RAMP / CURB RAMP METAL PIPE SEE DETAIL .1 6' WATER UNE SEE ON OETAAL Ir WATER UWE - 4Y KENO 6f WATER UIIE \ STA. (5400 i , ON SHEET ON OORRIIOATED SHEET 1 03 SEE DETAIL 04 ON SHEET 1 6~r \ / STA.4+72.71 i co"Can DORwK /y ARCHITECT REIN. STEFL ~r o.C.s.w, CXr. DATE.r 28 PW 95 . ~ I 'kBY 0M R. NOT 1 - 8,00 TEE VALVE SEE DEML ►{D1 T ; 111 w r ON SHEET 2 ISIS NO 0~ E r ~p !r VALVE I]AMER E If pb i O STA. 4452,71 ' ~ ~r ~K~ r WATER lMiE - SDE1M~Al y1 \ (BY O*KR, NOT f IN CONTRACT) CURB RAW , SEE DETAL \ C ON SHEET I 04 N ` S 1'34'0' E ....r...,.._.. \ 4' WIDE----~ SOMAL 6X6 TEE SEE DETAIL 02 VALHYDR ON SHEET 1 i FIRE M'011ANT NT - 6° 4Y BEND -6" WATER LINE SETS DETAIL 01 ON SHEET 2 I L NOTES; r S 1034'd E t i l r 1. ALl TRENCHES FOR WATER PIPE ARE TO OQJFORiI 16' UTILITY EASE-ME. 254._27' ~,Oh I TO DETAILS 00. 06. AND 07 ON SHEET 2 I 4 r 2. WATER PIPE I! TO AE BI OC ((D AoCOQD*4 TO oETAIL 04 ON SHEET 2, 16' UTUTY EASEvENT t 3. ALL FUR[ SWTARY SMot CROSSINGS ARE TO S 1'37143 356'.35.  COWORII TO OML 02 ANO OR 03 ON SHEET 2, ~Z~ PLAN PUBLIC IMPROVEMENTS 01 SCALE SCALE, 1" 4d'- Os* W Z M 0 Q U 73 M r VT P 0~Ma10N JONT W W! WA(X 91=lr" QMMW V'r 20' TNT' WN. 2' IAN. X JtaOL F. , .7 Be Or! ~0 1 W RAISED ISLAND IN i 6)" WAM 6 A~~ Niizi'~cov~EIRVE s FIVER PIPE A SFLEC>~ FILL AS SPIUWIED RY ENGINEER THICK CONC ENOVALL/HCADVALL THICK REIW. l ; I i \ REIN V/ 6K6K6 V.VN CONC, DRIVE STANDARD STFF WOW PUS4 1 YP, a000 F9 OdNCM-T .h TO t1 OfR~ TLOVLIHE 6 CURI TrP, ELEVATION l , I , 606.31 1 ELEQVA A]N 0 Z --yam----- BAW CL04 d "I' D !SIT% Plfl. MOTE W&x 1/1' R r00T DRAVM W /OR CH[CKED Pe SIDEWALK DETAIL RAMP DETAIL CULVERT DETAIL E ' r d2 ~ 03 04 DATE SOME: I= 1140 N,Y,S, M 30 ms SCALES 1" = 14'-cr 94AO i, l of 22], • NOW; THEREFORE, if the Principal shalom 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 he 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 stipulateq and agrees that no chanye, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., aarompanying the same I' 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 SA I i PRINCIPAL SAI 1276 AND DEPOSIT CCMPANT OF JRJ PAVING, INC. MARYLAND and COLONIAL AMP.RICAN C.ASUALTT! AND SURETY COMPANY BY: BY $ R/.~1r Ll i TTOR?tEY-IN-FACT Don E. Cornell ATTEST: • SECRET NOTE: DATE OF PAYMENT BOND RUST NOT BE PRIOR To DATE OF CONTRACT. PAGE TWO i • The FIDELITY AND DEPOSIT COMPANY OF MARYLAND i a D1 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY CVTPN*% HOME OFFICES: BALTIMORE, MD. 21201 POWER OF ATTORNEY KNOW Au. MEN BI' THESE PRESENTS. That the FIDELITY ANn DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMLRICAN CASUALTN AND SURETY COMPANY, COTOrationS of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C W. ROBBINS. Assistant Secretary, in pursuance of authority granted by Article VI, Bolton 2 of the respective By-Laws of said Companies, Whisd are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof, do hereby nominate, constitute and appo'ml Jerry P. Rose, Tomi ,I. Braun and Doff E. Cornell, all of Dallas, Texas, EACH.........,, , I rue aw agent and Anorneydn•Fact of each, xi makd,,'tiieFute, seal: W d¢etliver, for, and on its behalf as surety, and as its act and deed; any and al l bonds and unde'etakings, q kt$CEPT bonds on bs!hal f of Independent Executors, Community Surv,,I"ts and Cdalpiunity Guardians., AT71 ie exuution of such bonds or undertakings In pulal~gatje'of thex pt+eSenis, shall be as binding upon said Companies, as fully and amply, n all intents and purposes, as if they had;bW duly exv;C Wind acknowledged by the regularly elected officers of the respective Companies at their offices in BaltiptWit,-Md., in tpeir`own proper persons. r; r , IN WITNESS WHEREOF, the said VicerPlrsideni and A;siµint Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FiDLI d'Y AND DEPOSIT tC"a^ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SVRISTY COMPANf this Zn$,..... r , .....day of 5MIRP:4er.. A, 1). 19.94 Arrest: _ Ffil ,,in Am) DEPOSpr COMPANY L AlQr! Snorers 4FM PLrAND u ' COLONIAL AMERICAN CASUALTY AND SF OMPA !BCAL~ , By ' AsrLranr Serreran Pier Prnidrnf Srnn:OF MnRfLANU ) CULIN)Y Or BALTIMORE SS: On mu.-j411 day of.... A D. 19. 94 before the wise riber, a Noury Pu bllc o f the State of Mary land, duly commissioned and tnalifed, came C. M. PECIOT, JR.. Vice President and C. W. ROBBINS, Assistant Secretary of the FIDELfTY AND DEPOSIT CONIIWIY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me perseralty known to be the individuMs and officers described herein and who execuled thr preceding instrument, and they each acknowledgal the extcuuon or the same. and being by me duly sworn, severally and each for himself depu+eth and saith, that they arc the uW officers or the Companies aforesaid, and that the seals affixed to the precccing Instrument are the Corpuraa Sins of said Cumpancs, and that the said Corporate Seals arid Ihelr sign ttics as such officers were duly affixed and subscrlbeC to the mid instmme it by the wthsnty and direction of the said Corporations, r IN TESTIMONY WHEREOF. I have hereunto sd my hand and affixed my Orricial Seal the day and year first above written. + 9tl' i o CAROL I. F L-2 Noran Public My commission expires....AP34st.J..J?9!!......................... CERTIFICATE 1, the undersigned Assmunt Secretary critic FIDELITY AND DEPOSff COMPANY OF hi„iRYLAND and the COLONIAL. AMERICAN CASUALTY AND sURF.'r5, COMPANY do hereby certify Ihat the original Power of Attorney of which the foregoing Is a full, true and correct crnq . is in full Iorce and effect on the date of this cenihcalcl and I do fumher Ccoify that I'se Vier 'resident who executed the said Pnnvri of Attorney wits Doc of the additional Vice President; specially sullwnud by the Boastor Dirrelnrs toappoinl any Allnmcy-in-Ful us provided in Article Vl. Svt9um 2 of the rcapeetive By Lawn of the HDLLITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY • AND SUREfY COMPANY. phis cerldicate may he signal by facsimile under and by authority of rewluiions afire &rerd of Directun of the FIDELITY AND DEPOSIT ® • j COMPANY OF MARYLAND at a meeting duly called and held on the 16th dny of July, 1969 and of the Board of Direcmrs of IM COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at a meGing duly called and held on the Slh day nl December, 1991. REVOLVED: "Thal the facsimile or mechanically reproduced signiI ar any Assistam Secreury of the Company. whelher made heretofore (ir hereafter. whenever appcanng upon a centlkd urpy of any poster of attorney it;ucd by the Company, shall be vald and binding upon the Corm. piny with the same force and effect sts Ihough ma+uall) affixed." I N TESTIMONY WBLREOF, I have hereunto i ihwribal my matt and errsxed the corpnn a seals of the old Companies, this ................day of. 19...... Ltatsurrx, -168-0589 Anrrranr Secretary r, I I FA {1 - I J i EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Clwirman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Hoard of Directors or by the Executive Comnmilttee. shall have power, by and with tha concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-In-Pact as the business of The Company may require, or lo authorize any person or persons to execute on behalf of the Company any bonds, undertaking, tecognizznces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mongages.... and to affix The seal of the Company thereto," F EXTRACT FItONf BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section L The Chairman of the Board, or the President, or any Hxecutivc Vice-President, or any of the Senior Vice- f Presidents or Vice-Presidents specially authorized so to do by the Hoard of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice. Preside n1s, Assistant Vice-Presidents and Attorneys-in-Pact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgemenis, decrees, mortgagesarsd Instruments in the nature of rnorgages,...and to affix the seal of the Company thereto." r f f t 0 s i 'O I i 1 r„n • 7 r (y'~t,;2s • ~ i AAA019DF Bond No. 30658544 I { I PROJECT NO, q•r~~ w . CONTRACT NO. CONTRACTOR'S HAINT'3NANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSI COUNTY OF DENTON S That JR.I PAVING, INC. 11332 Mathia, Dallas, Tx 75229 Of Dallas County, Texas, hereinaft;-i called Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND and COLONIAL AMERICAN CASUALTY AND i SURETY COMPANY a Corporation organized under the laws of the State of Kaxxl&nAand authorized to do business in the State of Texas, hereinafter 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 sUS of Nine rhousand, Three Hundred Sixty Six and 81/100------------------------------------------------- {59,366.81----------- 1 Dollars, lawful money of the United States, the said sun being ten percent (104) of the total amount of the hereinafter mentioned contract, for the payment of which suit well and truly to be made we bind ourselves, our heirs, executors, administrators, anO • successors, jointly and severally. THE Condition of this obligation is such that: WHEREAS, the PrWcipal enters in o a certain cQen act with owner, dated the day of , 19 in the proper performance 0 which the City o Damon, Texas, has an interest, a copy of which is hereto attached and made a part hereof, • • for the construction of: Construction of Street Pavement Improvements at Deerwood Phase 2 PAGE ONE I -771 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 three (3) years from the date of acceptance in writing by the City cf Denton and do all "ecessary 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 nettling, 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 tho 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 in 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 13th, day of December 19 95 if PRINCIPAL SURETY FIDELITY AND DEPOSIT COMPANY OP,MARYLAND and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY j PAVING. INC. BY! BY: ~ A ITORNEY-INF~ Don R. Cornell PAGE TWO I'M iv • i 'i 1 3 l a f , NOTES POWER OF ATTORNEY OF SURETY MUST HE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, ATTEST: SECR AR i f i 1 4 IJ PAGE THREE r' NSA • The FIDELITY AND DEPOSIT COMPANY OF MARYLAND DQ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Carttparlles HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FrDELrrY AND DEPOSIT COMPANY OF MARYLAND, and the CoLoN1AL AMERICAN CASUALTY AND SURIE COMPANY, corporations of the Sure of Maryland, by C. M. PECOT, JR., Vice-Presidern, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2 of the respective By[iws of J said Companies, which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the datu li hereof, do hereby nominate, constitute and appoint Jerry P. Rose, Tomi J. Braun and Don E. Cornel l , all of Dallas, Texas, EACH i. s t roc aw agent and Anorneyin•Fact of each, to make;ti-pl6tute,,s eal•MdldeliYCr, for, and on its behalf as surety, and as its act and dead: any and a] I bonds and undertakings ,,c ,.kCEFT bonds on behalf of Independent Executors, Cotitmunity Survi4i tis and;,~,oltiwunit Guardians„ A`Mc execution of such bonds or undertakings in P'r1> of these,p i4ilts, shall be as birding upon said Companies, as fully and aniply, to all intents and purposes, as If they hard *A duly ex and acknowledged by the regularly elected officers of the respective Companies at their offices in BaltifasNe;Md., in heir -own proper persons. IN WITNESS WHEREOF, the said ViceePtesldent and /t90"rit Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDEIM AND DF.PO.Srt COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SVRETY COMPANY this _ 0 ..day of.............. No-y,ember,........ A.D. 19.94 Art-BT: _ FIDELITY AND DEPOSTr COMPANY OF M LAND SEAL v BY - Art «na VI PrrrWrrt ANIAL AMERICAN CASUALTY AND SURE AfPA ~EAL C0/1 S By........ ArrLrau Serrnary Vin nriJenr STATE Of MARYLAND CULINT'i OF BALUMORL I On this.- ZRd---- _day of.... NOM.C%O§ f,_-.,_...-......., A.O. 19..94. before the subscnbess a Notary Pubik of the Stare of Maryland, duty commissioad And qualified, came C. M. PECOT, JR.. Vice-Preskleru mid C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and .,,nce.n dennhed herein And who exavled the mtMing Instrument. and they each Acknowledged me execution of the tame, and being tsy me duly swore, severally And each for himself deposals and with, shut they are the rail officers of the Cmepanles store". and that the seals affixed to the preceding Instrmownt are the Corporate Srals of said Companies, and that the said Corporek Seals And their rigratures n such officers were duly alfuel and AuMeribeel to the tad Instrument by the tauhunty and direction of the We Corporations. IN TESTIMONY WHEREOF. I have hereunto set my hard and affixed my Official Sal the day and ya first above written. ' o'y ` `Aleut rorwa"c CAROL 1, PA e ER Aaury PaMfr ~oo My commissiai expires ARYVA.J,A.ift CERTIFICATE L she undersigned Assistant Secretary of she FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAI. AMERICAN CASU ALTY AND SURETY COMPANY do hereby certify that the original Prover of Attorney of which the foregoing is a full, true and correct copy. is in full force and effect on the date of this cenifnate; and I do further certify Hat use Vice•Prakkm who executed the uld Power of Attorney u none of the AWANni sal Vlre-Presidents specially authodied by the Board of Directors to oppolm any Anomey-in-Fan u provided in Ankle VI. Section 2 of the marWive By Law of the FIDE14TY AND DEPOSIT COMPANY OF MARYLAND and Use COLONIAL AMERICAN CASUALTY AND 3URETI' COMPANY, Ttis certif cAte may he signed by facsimile under and by authority, of resolutions of the Bard of Dirtmorx of the FIDELITY AND DEPOSIT • • COMPANY OF MARYLAND at a mating duty called Ad hcW on the 16th day of July, 1969 and of the board of Direction of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY A a maubg duly called end hail m the 5th day of December, 1991. RIISOLVED. "That the facsimile or mechankadly reproduced signature of any Assistant Secretary of the Company, whether node heretofore or henaher, whenever Appearing upon a certified copy of any power of attorney Butted by are Company, dull ho valid and binding ul the Com, pony with the same rexce and effect u though nwwliy affixed," corixtV 111f. IN T~EFS¢=T-lM_ONyJLW.HEREOP, I have b%piW sabacribed my name and affixed W, nail of ft said Companies, this.~ ....day of._....~j(~.~A~(yfl~ 19.~1~•11., t~~,Q ,t g~ u/IaxrXP -168-0589 (l " ArAlarau Srcmury rI I i I • e EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Scciion 2. The Chairman of the Board, or the President, or any Executive Vice-Presidem, or any of the Senior Vice- Presidents or Vice-Presidems specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Asslstant Vice-Presidents and Attorneys-In-Fact as the business of the Company nmy require, or to authorize any person o. persons to execute on behalf of the Company any bonds, undertaking, rccognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjsulgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Cumpany thereto." EXTRACT FROM BY•I.A%VS OF COLONIAL AIIIER[CAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidenis or Vice-Presidents special]), authorized so to do by the Board of Directors or by the Executive Cummittee, shall have , power, by and with the concurrence of the Secretary or any one of the Asslstant Secretaries, to appoint Resident Vice-Preshlents, Assistant Vice-PresWents and Attormys•in•Fa •t as the business of the Company may require, or to authorize any person or persons _ to execute on behalf of the Company any bonds, undertakings, reoognizances, stipulations, policies, contracts, agreements, deeds, and releases and assigameots of judgements, decrees, mortgages and instrurnenis in the nature of morlgages,•.•and to affix the seal of the Company ftreto. i i i i r t 1 i . i J i j IMPORTANT NOTICE ~II i TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1.800.152-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: I P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX N (512) 475.1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. iF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE ATTACH THIS NOTICE TO YOUR POLICY: • THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE AWACIIF.D DOCUMENT. _ F' 'R l t ti3~ j 1I I • J 1 • IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800.252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714.9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. If THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OFINSURANCE • ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION Of THE ATTACHED DOCUMENT, w.. . ......Mry~..~rr ..r ~/'ri . t01 ~ :1. rn 9 . i' i • .1L4://It11.. CERTIFICATE OF INSURANCE, 3/ 7/1995 rAODI:rw . s , TtMB CtRIIPICATS a IMIM As A IAATM OF PlAo"AWN ONLY AXD COWERS MO INO1TTf u/oN TN! CERTMTCATE NOLDM IM CBRTMATO ' Rollins Hudig Hall of TX, Inc. N' TT AWND, rMNO OA ALT911 THE CMR110E AIIFOAD[D BY THE 2200 Ross Avenue, Sgits 1700 Dallas, TX 75201 COMPANIES AFFORDING COVERAGE I (214)978-6600 1'&x(214)978-6650 A Home Indemnity Company LcOwAw OwANY B Home Insurance Company @wpm ANY C JRJ Paving, Inc. C°''w P. 0. Box 59934 Dallas, Texas 75229 LETTER D C%FAW E , Lam THI IS TD CERTFY THAT THE POLICIES CF INSURANCE LISTED BELOOY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWIrKSTANDINO ANY REQUIREMENT, TERM 09 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN R SUBJECT To All THE TERMS, ExCLUS*NS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY. HAVE' BEEN REDUCED BY PAD CLAIMS. 00 . POLICY VIM May AATTAAYMM Lam YN 7TH OF MaMANCII POLICY rlleel W" AIM000M DATM PADWM o~NOluLywm :ODBOYAODRDAW 110,000,000 aI~ncui Comm LWIm W11OtfT4BT 000 F"OKCtS4OMA0P Add 1 1, 000,rAOII000A IM 1 i000000 o e/ 2 9/ 95POWA ADV MAAN 1 1,000#000 9e/29/9a 00 X OOMM E O TTPMTon RIOT I FIRE OMMVrrwlwy 1 50,00 IAEO. I7PBIIE Vq.. pPM.4.,1 51000 I ATT010MU LwuTr , Cmem 1a0La 1 110000000 ;tm B X, AM AUTO NA024121 ALL OYAEDwroe 08/29/94 0 8 /29/95:1OOEYNAm 1 PM Ir'M^) SC EOOLED ADT01 E X HMO ADIDD PO ~ 1 X RONOMEDAUTOS o QMWAC IMBLNY IT101471TY DNAIDF 1 0CF111 LIAM UTY EACH OCo1PIBKt 1 5, 000,000 Aomwoaim 1 5,000,000 B. XIPAeIEUAFORM NAU041M 08/29/94 08!29/95 OTHER THAN UMS*ILA FCaN , ITATRORY L6MT1 _ waMMSTy CDIMaroAT+DII X ' A. wcLllfb/00 08/29/94 08/29/95 "u"0A" 1 500,F.000 DeLAN POLICY LIST 1 5000000 rwgrLTr u,pJn 000* • EACM B, %OYfE 1 500,000 • t Lggregate 11000,000 Rr♦mt 03/07/95 08/29/95 k OWNERS A7A CONTRACTORS SEach Occ 11000,000 PROTECTIVE ProTjac ct~Ts Street YR+PCUUaMC~Pavement Improvements at Deerwaod Phase 2 Denton, Texas SEE ATTACIVIM SHOULD ANY OF ME ABOVE DESCRIBED 1DUC0 BE CANCELLED BEFEME THE 6:.! EXPIRATION DATE THEREOF, THE ML04 COMPANY WKIOd BetFB KU 'a MA0. -.Q DAYS WRITTEN NOTICE TO THE CFRTIMATE HOLDER NAAED To TIE Greenfield Woods Rotates LEFT, exAlaorlE,moxaYMOIrallloaleBLlrssOLRaserl+oceeuanNMaaxx Joint venture IxawteruekMSedraoL ttYm 2400 ! 11 2181 e;',A+TM "*e ~L Denton Texas 76205 (C» r COII/OIIAi"WN tIN 1Cd1O AlS~4 s.~ • f j NAMED INSURED: JRJ Paving, Inc. 1 DATED: March 7, 1995 PROJECT: Street Pavement Improvements at Deerwood Phase 2 Denton, Texas Attachment to Certificate of Insurance Issued: Greenfield Woods Estates Joint Venture Greenfield Woods Estattis Joint Venture; City of Denton and Burke Engineering are named Additional Insured, excluding Professional Liability, as respects General Liability coverage certified. Greenfield Woods Estates Joint Venture; City of Denton and Burke Engineering are. named Additional Insured, excluding ~ fessional Liability, as respects Automobile Liability and Umbrella Liability with cover-age as Primary (Owned Automobiles for Automobile Liability) to other insurance available for ;operations performed by JRJ Paving, Inc. Greenfield Woods Estates Joint Venture and City of Denton are Named Insured as respects Owners and Contractors Protective Liability with coverage as Primary to other insurance available for operations performed by JRJ Paving, Inc. Burke Engineering are named Additional Insured, excluding Professional Liability, as respects • Owners and Contractors Protective Liability coverage. Waiver of Subrogation provided in favor of Greenfield Woods Estates Joint Ve:iture; City of Denton and Burke Engineering as respects Workers' Compensation coverage certified. Thirty (30) Day Notice of Cancellation except Ten (10) Day for Nonpayment of Premium, is provided in favor of Greenfield Woods Estates Joint Venture; City of Denton an4 Burke Baginerring. ooOO{IOOCOp TOO o ~ O 4 °°O00o0 r~oH a 'i i I• j 1r ~ o yr ft~ • • AAAOOD97 PROJECT NO. CONTRACT NO. THE STATE OF TEXAS y PVCLOPMEN'P CONTRACT COUNTY OF DENTON ~ S4horeas, J0LL i;. I, o, - hereafter referred to as "Owner," whose business address is nox I603, is tile owner of real property located in the corporate limits of the city of Denton, or its extraterrito;.ial jurisdiction; and Whereas, Owner wishes to do%lclop thn property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter rofo.rrad to as "City"; and Whereas, as a condition to the beginning of construction of rai.d devnllopment, a development contract Ls r.ogn.irod to enour.o that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter • ref"ar racl to an "llnprovemonLs," are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows) i • Whereas, the Owner elects to construct the Improvements wl0iout conti nct•.i.ng with another party as prime contractor, in U which case the provisions of this contract which refer to "Owner" or "Contractor." shall moan the Owner as named above; or ' 1 i - i i • L_ Whereas, the Owner. elects to make such TmprovenjanL-s 1~cirealLer a set forth by contracting with I'Lm Ifency uuilders, lnc, _ whoso bullhorn nddrooo in n. llox 68 Uonltnn E'z 762f12 _ hereafter referred to as "Contractor"; and whereas, owner and contractor rocognizc that the City }iris an interest in ensuring that the Improvements subject to this agreement, which will, upon comp.),otion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment io mado L-horaror,; WITNESSETH As to the Improvements to be dedicated to the public, as I specified in Exhibit A, attachod hereto and incorporated by reference, to be installed and constructed at John G. Johnson Addition /J2. So LhwesL COriler of Yrainc, SLLQCC and U1n11<1 SLI'e[L. the Owner, Contractor and City, in consideration of their mutual j promises and covenants contained herein, agree as follows: • ~ -9ontracS;.gr. Contractor agrees as follocJG: (a) Snecirjcat'ons. To construct and install the Improvements in accordance with the procedi.tres, sh'ocifications and • standards contained In Division 11 and III of the CitVr•'- Standard ~ i s e cation oz gub),ic wor s C_onstrugtion. North Central e s, ns nmondod, mind all ndciondums thereto, and all other regulations, of:dl.noncao ot: opoc.lCJ.cj%tj.ona applicable to Such Improvements, such VAGf, i , i - 1 I specifications, standards, regulations and ordinances tieing expressly incorporated herein by reference and being mado a part oe the agreement as though written herein. (b) duthity of C:ti_ jLlginner; TnQCtions, boa s .~Dd 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 Citr Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work perfor and tho i.11torpvc1tat.ion 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 a.l.low 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 ouch fniluro and may auspond 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 ~igreement to approve or accept the Improvements. PAGE 3 i 1 i • I f ce. To provide for. insurance in accordance with jL1).*ur_qnce. To provide for insurance in accordance with (r.) i 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 Central 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 -instructed 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 Imprc,,ements meeting tue specifications of the city, shall be in favor of the City, and shall be oxccutod by a surety company authorized to do business in the State of Texas; or, PAGE 4 0 ' • i I (ii) if the cost of completing the Improvements, at the time building permits are roquestad, 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) pa ment r3ond, Assur)nce of! Pa ment. 'Pleat prior to acceptance of the Improvements: (i) a payment bond will be furrnishad in an amount not less than one hundred percent (1001) 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 Improvomonts, shall be in favor of tho City, and shall be executed by an approved surety company authorized to do businccs in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or loco, ns deLorminod 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 gunrantoo 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 acccptance of tho Improvements, • the Owner anO.. O~ntractor shall furnish a written affidavit, in d form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and matorial furnished in connoction 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 nro to be dodicntod to tho 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 PACE 5 • i { i j material for, the construction of the Improvoments, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retaina e• 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 dol)ar 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 1 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) Encumbrances. 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 i 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, i PAGE 6 i i i A I 1J 1 1 i 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 (10t) of the contract amount of the Xmprovements, 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 ,)roperty on account of the operations of the Contractor, his agents, employees or .ti!ibcontractors; 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 j damage. (g) Agreement Controllina. That the provision of this agreement. nhall control over any conflicting provision of any contract between the owner and Contractor as to the construction of the mprovements. PAGE 7 i i A 1 I s e 3. Occupancy One Lot Developm ents. owner further agrees as follows: (a) That owner will not allow any purchasers, lessee, or other person to occupy any building within tho 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 City's Devo.lopment coot:, 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 isoucd a Cer.tificatc or Occupancy CO).' any building constructed or located therein until all. required public improvements have been completed and accepted in accordance with this contract. 4. Cayenants of City. That, upon proper completion of the improvements in accordance with this agreement, the city agrees to • accept the Improvements. 5, Venue and Gov rDin4 Law, The part. es herein agree that this contract shall be enforceable in Denton County, Texas, and if legal • action is necessary in connection therewith, exclusive venue shall O • lie in Denton County, 'Sexes. 'rho terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 20 1 6. Successor --and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. r ~ Executed in triplicate this,-delay of 19. OWNER CONTRA OR BY: B i CITY OF DENTON, 111GXA11; 7 ~ BY. C CITY MANAGER ATTEST: 0 VA 141 J t IFER ALTS S, CITY SECRETARY APPROVED AS TO LEGAL FORM: ! DEBRA A. DRAYOVITCH, CITY ATTORNEY f~ t PAGE 9 j i I • 123SL PROJECT N0. g5~-0e'l CONTRACT NO, sTATE OF T LKAS 9 THE ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 9 OF PERFORMANCE BOND (Oevelopment Contract-Improvements of $50,000 or Less) WHEREAS, John C. Johnson hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with ene specifications, standards and ordinances of the City; and i WHEREAS, Owner wishes to receive building permits for said • property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or • less, in lieu of posting a performance bond, escrow cash money ~ • • with a bank as escrow agent in an amount not less than the ti.. amount necessary to insure completion of said Improvementa; • • i i j NOW, HIEREFOAE-, OWNER, City and First State Bank of Texas hereafter called "Escrow Agent", agree as follows, 1, Amount, Owner, as a condition to roceiving building; par- mits for property located at _ I1,hn c_i„I,,,,,C,,,__~_ r-~_•_ Addltlon No. 2 shall deposit the SUM Of Flltcoo thousand two hundred ninety one and 86/109-_••--••- 15,Y.(71.ui ) in cusp money, with row Agolit:, :aid uum iiuln8 in an amount, as determined by I:he City, necessary to insure completion of nil Improvements wnicii are to be dedicated to the public; said Improvements Leing more particularly described in s that certain development contract dated the day of 19_,, betwoun the City, Owner eund Owour'u Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued by City for the property horein cluucr:ibed until Emerow A80nt notifies City, in writing, that cash money, in the amount, specified herein, has been deposited in an escrow account with • Escrow Agent. ! 3. Release of Funds. Escrow Agent shall not release any or i all of the escrowed funds until the City Engineer authorizes the E • Escrow Agent, in writing, to release such funds as provided for • herein as follows; (a) the City Engineer shall authorize the release all Chc escrowed funds when all Improvements are PAGE 2 • i 1 i~ 1 i I f completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvaments are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to tho nddress of the parries hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: _ W-1 C. Johnson P. 0. Box 1603 ncni:nn, Tcxa4 76202 ESCROW AGENT: First State Sank of Texas P.O. Box 00 DentT on ,Texas 76202 4. Fees. Owner agrees to pay any and all fees cr costs charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery • of the amounts deposited in the Escrow Account in accordance • • with this agreement. The Lscrow Agent shall not be liable for ti..~ any act done or omitted to be done under This agreement or in PACE 3 _n~~ Mmw~ s connection 'with Chu nmounts dOP od3ltud IL1 thu I.r cr0la Accoun except as a result of the Escrow Agent's gross. negligence or willful inisconduct. If tiny question, d,ispuLb or di;tagl:Cou1onC arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this ngrecmcnL, thu E.gcrow Agent shrill not bu c0ijklli:ud LO ride and shali not be held liable for refusal to act until the j question or dispute is seLtled, and the Escrow Agent has taco absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent: is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribe.-s), that the question, dispute, or disagVenme:nt has buon resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order Minding all parties interested 1.n the matter. 6. Successors and Assigns. This agreement snall be binding upon the successors and assigns of thn parties hereto. • 7. Venue. The parties hereto agree that if and legal action is necessary in connect!.^n with phis agreement, exclusive venue shall lie in Denton County, Texas. PACE 4 • • IN 14IT,NLSS WFmmr, the said Cityp, Owner, and Escrow Agent have signed this instrument this d1~da of 19 CITY OF DENTON OWNER BY: ESCROW AGENT First State Bank of Texas~/~/ ii BY: J2 y Fal Executive Vice President i j l PAGE 5 P y`~~ r ~ f 1. a i l) 1 I A u _ TimBEATY March 17, 1,95 Mr,9JbMY1 P. 0, Boa 1603 Denton, Texas 76202 RE: Sidewalk, Approach and Parking Area Uland and Frame Street Dear Mr, Johnson: I hereby submit the following )id to provide labor, materials and equipment to demolish approaches Approach and Sidewalk Demolish three approaches, one on Uland and two on Frame Pour one 27' approach and two 24' approaches as per drawing Pour 438' of 4'wide sidewalk with curing compound Pour handicap sidewalk approach at corner of Uland and Frame as per drawing BID PRICE ;9,483.36 Site Preparation ,Site prep for one 27'approach and two 24'approaches Site prep for sidewalk BID PRICE ;3,400.00 3-Car Parking Area Pour concrete for 3-car parking lot (approx. 1064 sq ft) Concrete to be 4" thick with 3/F" rebar Install one curb bumpers at each parking space i • BID PRICE ;20408.60 Bid does not include utility relocation. i - - - - - - 'TOTAL BID PRICE ;16,291.86 - - - - - - j Note: Thie bid may be withdrawn or revised by Tim Beaty Builders if ~ • II not accepted within 30 days. P.O. BOX 68 DENTON, TEXAS 76202 (817) 387.3275 • d Page 2 March 17, 1995 Mr, John C. Johnson Any alteration from the above specifications that ihvolves extra cost will be executed only upon written orders and will become an extra charge over the bid price, All agreements are contingent upon strikes, accidents or delays beyond our control, A Worker's Compensation and General Liability Insurance policy of One Million Dollars is carried by Tim Beaty Builders. Please let me know if you need further information. Thanks for the opportunity to bid this project. sincerely, 1 'Beat l: { V i+ ti { _.._..-r+~.... y f~•.'~ °a~ irt' r.S. riT.i+afil~l;t?r~~ FhK iliil~'rA q:.irr a. I • ~ rnao , /~naaMOam MaUN~. CERTIFICATE bF INSUR"C 1 •x/11..... IROOUeoI ONLY AND COtlAllI NO Amm"TN! eII1 MATS teldk, Tucker 4 Ral4ht ins. MX M. 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't• f ;t r i . f 1 I AAAOOD91 PROJECT NO. ~nn X~06 CONTRACT NO, { THE STATE OF TEXAS $ DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas, 11L Id W~~~ : ~a~ •,~,.U hereafter referred to as "Owner," whose business address is rLL0 E01 2-W/ bc' Jean. lX 71od-n. , 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 . t 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 M. . without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean tha owner as named above; or w f i L Whereas, the owner elects to make such Improveinents hereafter set forth by-contracting with E)~Laa n CDIIJInAC 11 ~Q /n~ 1 w whose business address is _ ~1 Q~~ f 1 E?~ I ill ~n()~~ , hereafter rafarred 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! WITHESSETH As to the Improvements to be dedichted to the public, as specified in Exhibit A, attached hereto and 'incorporated by reference, to be installed and constructed at _ lief')' a loon Psasrj. L-rih n , r`y.. Y the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as followsi • 1, Cgy!2n nts of Contractor. Contractor agrees as follows: (a) Snecifications, To construct and install the Improvements in accordance with the procedures, specifications and standards, contained in Division II and III of the City's 'standard Specifications for Public Wor s onstrUtion ?forth gent'ral Taxer, as amended, and all, addendums thereto, and.all other regulations, „ ordinances or specifications applicable to such Improvements, such PAGE 2 ......~.,..,y ate. _ • f 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 o[ City Engineerl--Jnsnections.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.Enginser 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 h1s 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 qe ordered removed and replaced at Contractmr'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 • • (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided fcr in Item 1.26 of Division I of the Standard S p cific4t,ionr Puplic Work Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference provided, however, for purpose of this provision, only, "Owner," as used therain, shall mean the City of Denton. (d) Moans and Methods pf Construct.tpiy. That the means and methods of construction shall be such as contractor may choosep 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 donetructed in accordance with city specifications. 7. Mu tuAl Covenants of Owner and Contractor. owner and ' Contractor mutually aq:Pe as follows: (a) Performance Bondat Escrow Agreement. That if,.building permits are *n bd i-suad for the development prior to completion and acceptance of -ail improvements that are to be dedicated to the • public, the following security requiraments shall apply, unless the development is a "one lot developmant," as defined by City's Development Codes (i} a performance bend in an amount not less than the ' amount necessary to complete the Improvements, as i • 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 • ' t i {ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or lees, as determined by the city Engineer, cash money in the amount necessary to complete the Improvements, as determined by tha City Engineer, may be depostted with a bank as escrow agent, pursuant to, an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form ahall be used. (b) Payment Bondi 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 porcent (1001,) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full r^.d 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 execut(d by an approved surety company authorized to do business in the .5tats of Taxasj or, (ii) if the total contract amount -)f 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,accordanca with (i) abov6, 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 su-0plied PAGE 5 I 1I • I material for, the construction of the Improvements, and; when requestad,,written statement from any or each of such subcontractors or suppliers that they have been paid in full. , (c) Aetainaaer 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 . 1 all ihdebtodnass 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) Encumbranges. 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 lions, claims, charges or encumbrances of any kind. If, after acceptance • of the Improvements, any claim, lien, chargo or encumbrance is made, or found to exist, ar1ainst the Improv,sments, or land dedicated to the City, to which they are affi•,cad, the owner and' f Contractor shall upon notice by the City promrltly cause such claim • f • lien, charge or encumbrance to be satisfied and released or aJ promptly post a bond with the City in the amount of such claim, PAGE 6 i • 1 • 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. r (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 damag^s 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 ~ • • j agreement shall control over any conllictiing provision of any contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 y _ • 0 • i t 3. occupancy, one Lot Developments. Owner further agrees as follows:, (a) That Owner will not allow any purchasers, lessee, or other persor, to occupy any building within the development until all Improvamants are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidrtnd 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 deZIned by City's 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 romplated and accepted in accordance with this contract, 4. Covenants of City. ;Chat, upon proper completion of the improvements in accordance witli this agreement, the city agrees to • accept the Improvements. 5. Vanua and gjoy8 n ngjaw, The parties herein agree that this contract shall be enforceable l,n Denton County, Texas, and it 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 • i { I J J1 1j { i b. Successor and As~tans. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. „ Q Executed in triplicate this, _0day of , 1g J , OWNER CONTRACTOR BY: BY: pr,, ;e-mwv! 'Qr,V CITY OF TON, TEXAS Y, ' Y MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORK: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • S PAGE 9 w ♦ ii I M P O R T A N T N O T I C E - - - - - - - - - - - - - - - 1< TO OBTAIN INFORMATION OR MAKE A COMPLAINT; YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; ( COVERAGES, RIGHTS OR COMPLAINTS AT: I1 'i 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 I' AUSTIN, TEXAS 78714-9104 FAX ! (512) 475-1771 PREMIUM OR CLAIM DISPUTES: S SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT ;r OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY. THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT 3ECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. ~ E t a I... ' C,TyYfSlw_ w f(f I M P O R T A N T N O T I C E I` - - - - - - - - - - - - - - - If TO OBTAIN INFORMATION OR MAKE A COMPLAINT; YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT: E l 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 140.,04 i AUSTIN, TEXAS 7-~t4-9104 FAX 0 (512) 475-1"71 j a L PREMIUM OR CLAIM DISPUTES: { SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST'. IF THE 1 DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. 3, f t f l ATTACH THIS NOTICE TO YOUR POLICY. THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART ~t OR CONDITION OF THE ATTACHED DOCUMENT. f 1 i i i s i • f f AAA019DE BOND NO. 200513 PROJECT NO. fl ~ CONTRACT NO. PERFORMANCE BOND I THE STATE OF TEXAS $ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Nickerson Construction Co., Inc. f P.O. Box 181, Celina, Texas 75009 of Collin County, Texas, hereinafter called Principal and I; Hartford Casualty Insurance Company I' P.O. Box 4611, Houston, Texas 77210-461 a Corporation organized under the laws of the State of Indiana and authorized to do business in the State of Texas, here Wafter l called "Surety", are hold and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of one Hundred Thirty Three Thousand Nine Hundred Fifty Three and 05/100------------ 18 133,953,05********) Dollars, lawfml money of the United States, for the payment of which sue well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presental ~f THE Condition of this Obligation is such that: WHEREAS, t,)e Principal entered into a certain contract with Owner, dated ` the day of fA 4 , l , 19 9 s` , in the • proper performance of which the~ty, of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction oft Public Utilities and Storm Drain Improvements at Deerwood Phase 2, Denton, Texas NOW, THEREFORE, if the Principal shall well, truly, and II faithfully cause to be performed and fulfilled all of the II 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, f i a J i 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 legrl 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 f 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. i IN WITNESS WHEREOF, this instrument is executed in tri IC ate, each one of which shall be deemed an original, this the It day f s of Apn, I , 14 9j- PRINCIPAL SURETY F. Dickerson Construction Co., Inc. Hartford Casualty Insurance Company I llLlAsEr.I K ' ~y~L_ BY: / J BYI ATTORNEY-IN-FACT Edward L. Moore ATTEST! SEC ETARY 7 I NOTE: POWER OF ATTORNEY OF SURETY RUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO CATE OF CONTRACT. 1 I' f f ~ f s I HARTFORD CASUALTY INSURANCE COMPANY I C aCUTYE Opmp: Harifad. CaMMraul POWER OF ATTORNEY ddWWyy Know all men by does; Prawnh, That the HARTFORD CASUALTY INSURANCE COMPANY, e a o~l rlenlard& W M ConnseMa.4 a o w e hereby make, 00natitUw v 110"Int ExwAtv4 Olfke In Mr Coy of Hamad, C RONALD E. ELSEY, BRUCE C, DeHART, EDWARD L. MORE, REGINA N. CARTER and ROSALYN D. HASSELL of HUMBLE, TEEAS 111 Its bw and lawful Altorney(m)-im F act. wtiN hit PaA'er and authority It, each of said Adaney(aFln•FaaL in in& sepuna f oapaity N mom than oft is Mrnd above, to Mon, exemis and "4wowMdge any and all bonds uW undertaknpa and cow I wrwnge odlptcoy In the newre tMraf on behaM of tho Company In iq buWwss of guaranty" the fMaRy of palmns *1* OW" of public: a fdNata Inn1: gwrmlil" the perfomranp of contracts othr Nan Inwnna polktae; gwrantoehtg Mw paAOrmana of MtrlranCe 00ntnlCta wlwm aunty bMft are aeeptW by awn and munkipasdu, and exaouting or puWntaeing bonds and undartakirVe nQUlnd or penmklW 0 ell !alone or Wocaed" on by law allowed. - and to blind the THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully eW to the tpa extaM u it ouch bonds and immoselimomp and omen w Hangs obYOaWy in the name !hereof wen *WW by an Exe0u" omw of ldrp HARTFORD CASUALTY INSURANCE COMPANY and aalW and abewd by oM aMwr of rich Of9cas, and hereby ratlM1p and oopra , all Maul Ms said Ann ney(s).IMFaa may do In purwanoe hereof. Theo powN of ettonoy Is granted under and by suft* of the felkfwklg Re olutlons adopted by ft Board of DirW m d Me HARTFORD CASUALTY INSURANCE COMPANY all a meeting duly eased and held an Mhe 16th day of June, 1M. .ppe~r. A1/OLMO, eves aw Iraa1lpa a w.rmw+. wtia •sn am tw:~w a wwra ftoo rr rw cep ,a W w.Many ft f~,oyr MP~aptls a ~re~r W aan01 W wwrlrMp aM aMM .'wqr <mpm w M mamma MAd " a mda ArIM i.11094,101% V Aug wine n.er rw F~ rN ONVAhr yrm b h w aw ri iwao.a &V rAi RaYMnt Newhriant Rr Nw in AWwa 11094,101% ayeM~ aMS r,we pa„ar W aatob~ auyaa b 1e MnM.ne xwaerw d M MW d ONW40Y IMUIa b earn, b aaaub addaerr r ONtl' +M b •FpCrOtl1 W b Whw aM tld of M 00m" - wry re aL'DaNr W WldvWdhK M0 Mum wnwga o01aMO1Y H MI MMa Marl. 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H. rMr. AriaM waMlraaltlMk mar, tl bnp tl M Iralaa wK1laeoe, de. na squaw by nadanar owann b W rdh aR elms eewi r Td Para b Nwhrkaw !,ear aw Paadrq RwrtAen M Whine" W is a , Mw HARTFORD CASUALTY INSURANCE COMPANY him caused Iful" presents to be e0 W by he AtNalant Vlp•PMakl►nl, and in corporate a" to be vend affixed, duly SmaistW by its Setratary, this Iso ay d Au", 1090. HARTFORD CASUALTY INSURANCE COMPANY Aftel: nrwd R. Ilrrtnarraon, q M swear L b.. I °tia , Robral N. H Bawr bTAnE OF CONNECTICUT Aaawrx Yw lhaaleav COUNTY OF HARTFORD ~ On this I s t day of Augud, A.O. 1990, befae me peraonakly came Robes N. H. Serer, fo m l kn , who b" fry me duly sworn, W depo" and say: that he nrkfea In the County of Hartford. 9111e al COn(w0cut; Mal he w the Assistant Viet. Pmilderl of the HARTFORD CASUALTY INSURANCE COMPANY, the oaporalion described in and ~ axeoutwd the abaM nnsn"nt; that he knows the seal of the scald wwr0pn', that 1M Nal affixed to the said Instrument is sUeh conowmIa "Al; Meal it was eo affixed by ceder of the Board of Obsess of maid Conpaatfon end that he soW hie name Ihsmtd by like oaW, STATE OF CONNECTICUT ~_J---'- 0OUNTY OF HARTFORD } is Notlp Abft all CarnrMaYr s+ar 7Aareli ft till CERTIFICATE I, the undanyyled, Assistant Sec»lary al Ore HA4TFORD CASUALTY INSURANCE COMPANY, an Indiana Co n, DO HEREBY CERTIFY that the forcV^ and attached POWER OF ATTORNV tenwwe M 1W s rG rid heal not banMo rswlNed; and IuAnsmlaa, the! the RewkDdon7 01 Mw BoaW of Ofreaoro, ell 10nfh M MN Powr d Altarwy, w nbw k lap. Signed and eeatad at ft City of Hirl COW the ay of t0 1 KA X.4004" forma•XV-4 (NCO pnnlr HU.SA. , •`f G • AAA019DF BOND NO. 200513 II I ~ PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S II THAT Dickerson Construction Co., Inc. I P.O. Box 181, Celina, Texas 75009 I of Collin County, Texas, hereinafter called principal and I Hartford Casualty Insurance Company f. P.O. Box 4611, Houston, Texas 17210-4511 a Corporation organized under the laws of the State of Indiana and authorized to do business in the State of Texas, her-eniiTt r 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, firms 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 one Hundred Thirty Three Thousand Nine Hundred Fifty Three and 05/100------------------------------------ 133,953.05*********) 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: 1 ~7 91HEREAS, the P ncipal entered into a certain contract with owner, dated the g day of 4 9 , t , 19 q r- , in the 1 proper performance o? which the City o Denton, Texas, has an interest, a copy of which is hereto attached and made a part • hereof, for the construction of: • ! ~f Public Utilities and Storm Drain improvements at Deerwood Phase 2, Denton, Texas R f I PACE, ONE I I 1 I NOW, THEREFORE, if the Principal shall wall, 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 I Contract that may hereafter be made, notice of which modification I of the surety is hereby expressly waived, then this obligation I+ 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 stipulate4 mnd 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. ~Ia 1 li IN WITNESS WHEREOF, this instrument is executed in trig~cate, each one of which shall be deemed an original, this the 4 day of ARk" t , 19 ql.- PRINCIPAL SURETY Dickerson Construction Co., Inc. Hartford CaBualty Insurance Company BY: BY., ATTORNEY-IN-FACT Edward L. Moore ATTEST: SE RET NOTE: DATE of PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. f ~`np~r ,ry.n . ~.r., ,t}'l`: 1~~7'il~~f'{ ~ ~+;4ily~ i77'';,r v 11': „ s 1 i j i HARTFORD CASUALTY INSURANCE COMPANY naht 1.17 v! OngU: Harlydrd, a„wedeln yPy POWER OF ATTORNEY Y r Know oll men by the" Pr"&MS. Th!U the HARTFORD CASUALTY INSURANCE COMPAN", a ow+wntlon &Y orysnt:ad under Ne Inns of that State of Indlana, end h& q its E, edviN* Otfke in the City of HSAford, County of Hwtford, Stela of Cir~fcul, dree hereby make, Conalilute and eppoinl RONALD E. 4LSEY, BRUCE C. neNARr, EDWARD L. N00RE, kECTNA N. CARTER and ROSALYN U, HASSELL of fRWLE, TEXAS Its hue and WA'NI Anor fangs)-4t Feo4 wit fuM Power and t Nhonty to each or said Altontey(BF•iMfeN, in their asp all CiPedty N Pore than one Is nursed all to sign, execute and eckraNedge arty and ant bonds ano undetwIngi lid 01Mf writing; obsyatory W ft Plane Ihereol on behalf of the Company In Ih bowman of quarentselrg the Rdeley of por orm hoklkq places of public or pr"W trust, quaranwlnq Ihe Worsham Ol comraete other than Insurvks policies: gua•tntes:nq the DMamarlce, of Insurance contracts when surety bonds we e.xepted by etstes and munWnaidea, oN exearorq or C wemoofxg bonds and underu ingn required w permitted in all t.clkns or proceedings w try aw alkwa.'. - a-W to bind IM THE HARTFORD CASUALTY INSURANCE COMPANY thereby as Nl:y and 10 Ole same este ll as 0 such bonds and ande~rrbyddn~pe and other T,nSngs oblIgatory In the nature thereof were signed by au Ln4autivat Offwer of the KARTFOFIO CASUALtI' INSURANCE COMPANY and ailed and Attested by one other of such Officiate, and Iwaby raIM" end oOMx,m of Nil Rh seW AFOmeY)''I•kt•Fac1 may do In pursuance hemol. This power of a tansy Is granted under erd by eulfwdty W the following RewPubau adoged by" i Boats of Dirtetors of Ns HARTFORD CASUALTY iNSURANCE COMPANY aI a r•eedrg duty celled end hold on p,a 1bh dev of Jere, 191111. AEOOLYID. rwM1 M hwrW tr"rYN *4N"kW =101 aW Wry d ,Wrnastatfanera N Pa.er W memo r ppeM. wa oMweet q,N a ~d,e~,p tnd n11aq ode and anw a o s"Imn, m m mare ft -W, dna Or r 0 a,ledwx ~eyey~a MIWMa NYit aewrrtet Yq AMWM+ PM N M M' M,e r rwewtO sly the P.LiaM NOFTfMrtrl,. Fee" Am~ aedMYy s AYdM'~'A00. ant iwaar M Ca+w rtl lueb AY W+a'~ b Wn. Plrw d nRntray ruled r M fe rr 04 kdreno d ate drwe i l aft"" 61VA6 b 14th r WOW and ow 0 Aaw"yyea4Aed" am 1 an an aMrt Cf,ie Cawpry cur In seem M IW d M Corsi l hoe YM are N sons and kr4wokaga end oars *.,&V *tep~pf/ M M rr4e !tared, ant arty a,m IW'rrlMnl YrCWd W YM WI AaY,1Iy FFfad WII fie Y aereq,9M M C.NY.Iry Y e e4yled ay N FiYAr1M Officer w1d NOW fir albVq tee ear low d k,N OMtfrl RULN.M, O q Aobarl N M ee•r,, AaaMax Y,e Pre** . finis true. M brq m W h0W a 0ft4, fir mama Dewat a arty Y1M: r/YM parmum k Tr ofu , Sao*~ AM MOLYRD. err 104 M frtrrw d awr YIWFp 1rerA adrle e,u any a N:NW Beaatry, rat M pilxar rm Wdlde/ 10 aAa wNns. adgwry n w irtw aww. we* by a ppoOMMIr a tb'nel'. for w,row Mdwr qq.~.~.drq.,a W~,q moat .red uwrr~gl. and f ender rode 11wIwrM YW-frsMOwp. Aawer'x !td•'t,tl W AAbM iy 'h•fe4 Iatw MMde, M aY.Maeeat d a,dr O'ISen ter M eW d M Dmgeny TTryry w alAMd r aw arts CCwMOra:lufr/w b YwtwlF.lr rrrdK d orison 1te'b9 lute, IwYb1W 1re"rerrM d laeamr eW Vial w „err rw Ors,q wren Y i elver bT 1leWNa, W Yry a,wl, pe.,w d rmr ~p,ryry tnd erns twos Cower le enAte arlre fir faea.rr ace rww fine lraer4e aw Yus b .aid HA !.curse .Odin M CanP.+y r fir kAU~ Mw retptl b ]ny ear d wr0ararraVq r v,MN IN r YIWrd. curs, +.UXVEDrpA Aftd Nsrw~stVtt4~911*d n ram 1101 caw,firit' ra douses q t.ewwu PWWW r we in Whweea Whereof, the NARIFORO CASUALTY INSURANCE COMPANY time caused dlese prseanq to be wgred by tea Aeeis. •M Vde Pr"IdoW, and Re corporsts alai 10 he hereto affixed, duly totaled by In Secretary, t14 141 day of August, IBDO. HARTFORD CASUALTY INSURANCE COMPANY Asset: 4 1 ell mlxr~ Rkawd R. W,mayon, gg 5evawi ~at..• !Ar Bolen N. Baer STATE CF CONNECTICUT ) AaatwM rcA, e Pree,dtrt C0TJN1 OF HP?TCORO 1y On NIs is t day of Auqust, A.O. iM, Wlore me pen-;,si'l c_nte Robert f 1. H. Sorer, L. ms known. Mew bslnq by ms J duly 40011 , did d6pO!4e end ley: NCI he needy In the Co :My of Hsrft,', Stan of Cannectkul; that he Is the AsswaM Vks• Prst.'dent of the HARTTORO CASUALTY INSURANCE ,'OMPANY. tfe coWallon described In sod ~ executed the atww Instn;ment, Net he kncwa Ne seal of the sa;d w1wretion; hot the Nat affixed to !tee laid WstrumMt is such 00rpurate uaal; that it was ;.f affared by Order of the Board of Directors of mod eorpon'bn and that he wgfA4d hie name thewto by like order. STATE OF CONNECTICUT N7T 'L~V, COUNTY OF IA9TFCAD V NMI Wok C`t~U"ir6§m&mh3I. 1011114 CERTIFICATE 1, the undsmiqgnod, Assletanl Saccelary of Ihe HARTFORD CASUALTY INSURANCE COMPANY, an fndiahs I Corporation, DO f EERESY CERTIFY that the fo•egoinq and etlochoo POWArl 0' ATTORNEY remains In fuh force and has IIt1 nor been revoked; ant funne•tnxe. that the Roe(' 4tWns of the Board al Dindors. HI forth In Oe Paws of Attorney, are now 1 In ;~rce. 1 I SWoed and soiled at Icy City DI Hartford. Oa led the day of F r t eta.rM aexnnry xeml Li6072 INcI '•m.r: 1SA. 1 i 1 0 ~ . 11 . 1 AAA019DF III 1 BOND 140. 200513 PROJECT NO. CONTRACT NO. i CONTRACTOR'S MAINTENANCE BOND i (DEVELOPMENT CONTRACT) THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S 1 That Dickerson Conatrl,.cion Co., Inc. _ P.O. Box 181, Celina, Texas 75009 of Collin County, Texas, hereinafter called Principal and 1 Hartford Casualty Insurance Company 1 P.O. Box 4611, Houston, Texas 77210-4611 I a Corporation organized under the laws of the State of Indiana and authorized to do business in the state of Texas, herena ter 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 one Hundred Thirty Three Thousand Ntne Hundred Fifty Three and 05/100--------------------- f$ 133,953.05*******1 Dollars, lawful money of the United States, the said sum being ten percent (101) of the total amount of the hereinafter mentioned contract, for the payment of which sine well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of thin Obligation is such that: WHEREAS, the Principal entered into a certain contract with ,-twrer, dated the day of fa .ti,~l , 194)-, in the proper performance c -othieh the city of Denton, Texas, has an interest, a copy of which is hereto attafhed and made a part hereof, j for the construction ofi Public Utilities and Storm Drain Improvements at Deerwo0 Phase 2, Denton, Texas ~f PAGE ONE I I i • i i 1 i { NOW, THEREFOh?, if the Principal shall well, truly, and ! faithfully maintain and keep in gcod 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 !I? 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 I, condition of any of the work or part thereof arising from improper excavation, backfiliing, 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, IF determines to be the result of defective work, materials or labor; !r' then this obligation shall be void, otherwise to remain in full force and effect. . f In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined f, herein, it is agreed thr.t 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 I..` one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein 1 provided until the full amount of this bond shall have been cf exhausted, and it is further understood that the obligation to e 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, I.. PROVIDED, further, that if any legal action be filed on thin bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, jrA each one of which shall be deemed an original, this the day • of dons ( , 19 riI" PRINCIPAL SURETY i ' r Dickerson Construction Co., Inc._ Hartford Casualty Insurance Company BY: BY. ATTORNEY-IN-FACT Edward L. Moore I' PAGE TWO • i j l 1 I NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. f 13 ATTEST: "7"Y E f.u 4 1 IP rIC 1 ~'r t •S PAGE THREE 10 f »J,w. is ~ r 6' ; 1~4~/.~r~ {L~r'iXYQ~.~yit ,v~iY!}~:I~ ry haS\~ff1~~h'ht +4 1 HARTFORD CASUALTY INSURANCE COMPANY "IcU Ne OFFIea: HM K CoaMetlM POWER OF ATTORNEY Know all man by these Presents, That Me HARTFORD CASUALTY INSURANCE COMPANY, a of HaMOrdrD81a1~ o f under etM.Is" o of t tate of Irdims, and chomp its Exeaudve Office In the City of Hanford, county make, constitute and appoint I RONALD E. ELSEY, I:RUCE C. DeEART, EDWARD L. HOORE, REGINA M. CARTER and ROSALYN D. HASSELL of HUMBLE, TEXAS Ib no and sinful AnomryssAlmFact, with fWl power arch authority to tech of sold AforneylaW.Facl, m their separm + capepTy if more then we Is hated abbr. to W. exaada and YokMwfisal my aril e4 bands and undertakings and o1tw writings obilpalory In the nmxe thereof on banatf of Me Cowparty, to its business of Viewer" foal fitle4ty of perwi holdhlg Pascal of public or private hum; quarard"IrV W. penomunee of connects other than insurance polices; quaantaelng the panomwde of Insurance contracts Where surely babe are aaeprod by atmaa and muncrps4Wa. and exeoutrng Of guwtaefrq bonds and undertaWV rpulrW of PSMMed In all actions or proceedings or by law allowed. - - and 10 Nod the THE HARTFO IO CASUALTY INSURANCE COMPANY dwsby Y fully and to the canna extent as N much bonds and u ALTV nqe and other wrl" obligatory in Ma nature M Itsof weft signed by an Executes OMker of the HARTFORD CASU INSURANCE COMPANY end staled eM coated by wv other of such Oft*". ant hereby ratlMa ad xo n"o all that dal said AtornsypHin•Faet may do in puravrce hereof. Th's ponw of &%am y Is gram" under and by sutroriry oI the IollowMp R*wk& rte adopted by fns Board of Dkectors of 1M HARTFORD CASUALTY INSURANCE COMPANY e a Intel day called and hind on to ISM day el June, 5999. ftr F~+Yan yry saaMay a. dalsAraxanew, Mtl rr.a oolw and &-owapftb epawt I FALWLWWD, hart~ae P,aetlwY a/enMyna a~Ww= Ww" = AYW~ w sYbmW1 w atlWOWI ~FW One 9 ==.=a riAesa~a Nr RwgMe A' eftelna a Aftrofy~ rw nW I M gong end IYI0 R, own tl rwa. an saw If IV ex rtrsnrw eol,r Ind rageelbrte mwwrn,araaaea po.«arwny uaw bd.m.bneon ahaerw rw, Ytl Yry~alm Yr'rwwd.wwd p~~•n bNh Asar.r~~w~i w r CiMrho rah t„ donwa+~ Y switch 0~/ n eilaW.bOraor rhd I and rdw.r rrreed q bra bier a uah Onion. eM ft p p W0. Roach N. M Uonar, Asalalx NtsPraeianw, YW Mw, Y brq a M MYA a.dh ollct, ea erne 9o„rrd Y Airy tdorarWdenl WLira as eae'M neaekladrh. Msavin sal ow M PreaarN a VldeYreltln. IICY1a hen rrr pea~ry a MW Wd £eaMr1'. reY M Wra Me eaabrq b aMe{p,wl a~ wo"orhp ararrpx~fi rN uMFWP.rrl oPw napaE5M~1inMrWM,rinse. rrbw RMMr. M tl~MnN arlNmRrra ar~nWMwaf W a NGPIgn mW W abidb ry sell paw a WaMr a b Yn Y1MYM taws eafMO and gang am , rM try rw.r a wdnwr IN derasvetl rlw.p law f Ord aprwxY a r.cenae tea rW W wa r,d dlnalq won rn ft bwr So w Wean iris brut laW`mY WWw w r. leearr+r as tae cal wd ens MId'9 *an" in N cowallmi Cargr.y wa FYe IMpp b erry fwd a WtlrrNq tl,NIM A0 a e£faW, i R9e0LYED.1uf. Rdarl N. N. serer. Aela1W noFPreaaeN, mar. Y"Y M here wen ante, alb rh xII lyfYWrft p r oxe rs, rte ale ro erne ~ 4 sir pawd0 b Vke p q ArW icier ea p"s'q RYoxdon. M Wltrlees Wh~, the HARTFORD CASUALTY INSURANCE COMPANY has CSU W these Presents to be SWed by to AsNmenl Vice-Plooldent. and its Corporate a" to be herelo affixed, duly ~ad by b Secretary, this lot day of Auguel. 1990. HARTFORD CASUALTY INSURANCE COMPAN'y rA Kdlyd R Nprnr,wn. I/g r w~i~ ~H • ~(,I STATE OF CONNECTICUT A# ~w Kd Fes ox COUNTY OF HARTFORD w On It. - `.a t. day d August, A.D. 1990, before ma pwtanefy came Robert N. H. Smor, to me known, who belrp by me dab ewom, Ilk 1 depose and ssy~ that he realdef In the County of Hartford. State of Conn sctarb that he is ten AsafelaRt Vrt't~ President of Mc HARTFORD CASUALTY INSURANCE COMPANY, Me wwatlon described In and whdch Maoutld the above MWrVme4; that he knows ten alts! of 1ne said corporation; Mal ten seal affix" to the "I 1ru rurnant it such Corporate Nel, Mat It was eo ofiKed by order of the Bow of Olreetore of said corporation and Mal he Sill his name Martha by like order. STATE OF CONNECTICUT It f` COUNTY OF HARTFORD ` s V man" AMd \ I I,`.' M,' Cue.wrd,olh EKawe arch ar, low . CERTIFICATE I, the undo ad, AWlstant Secretary al IM HARTFORD CASUALTY INSURANCE COMPANY, an InalaM corpattwn, 00 HEREBY CERTIFY Ihal the faPgaing and atecned POWER OF ATTORNEY remains M full force sod hes not been revoked; and furthermore, that the HesokAbns of the Board M Oiraetora, Sat forth In"Power of Atomy, we now S M fofee. III Sig end and ad rled at the Oty al HAr"d, Gated the day of 19 I Pha,`I a - QA \ aaetln perms-aims INCI PwVed n U.SA I. 46 • Certificate of Insurance THL;CD'11FICATE IS HUED AS A MATTER OF INFORMATION ONLY AND (Y)Vr LRC NO RIGI ITS L'RT' YOU THE CERTIFICATE HOLDER. THLSCERTIDUTE IS NOT AN 1h5L K1•' a POLICY AND COLS NOT AMEND,FMFND,OR ALTFA THFCO~ INAC.F AFTOVDFV FY THE POL'CIES LISTF.DBELOW. This Is to CeTtlf that LIBERTY DICKERSON EQUIPMENT COMPANY Name andUt~.. CELINA READY-MIX, INC. address ct e 1309 N. LOUISIANA Insured CELINA, TX 75009 Is, At the Issue date of INS cat' bale, insured by the ompany under the polcy(ies) l sled below TIIe insurance afforded by Ilhe listed polby(iea) Is subject to all lheirterms, exclusions and conditions And is not shared by any regLlrement, term or condition of an contract or other document with re ecl to which this cenhbate may bit issued, CERTIFICATE [Mr. OATI TYPE OF POUCY • ❑ CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑ EXTENDED V ® POLICY TERM cw 0 I ARC EMPLOYERS now WC LIABILITY LrwIMF 3/5196 WC7.191.409705.075 TEXAS Bodify Irrury By Aocdent E'er WORKERS 310(),000 Aaron COMPENSATION aod ry Fy D111144160 $600.000 i Bodli :100,000 By Dk"aw Ewr~'eon GENERAL UABILITY 00MOnk) Appnpete•-O!»r tint od/Completed Opelatirxu $2,000,000 CLAJMa MADE 2/20/96 YYI.191-409705.015 Producw5ornpwted Oporsions $2,000,000 Socbfy ury Property Darnage, M Per $1,000,000 OoaTrenoe Per" And Io 1 ro ry Per Penioni 10'1 OCCURRENCE $1,000,000 OrysMzAEm Other. OCwr, AUTOMOBILE $1,000,000 Each A00dent • Sinple Urnt • I LIABILITY S. I."P.0. Combined ® OWNED 9/1/95 AS2.191.409705.034 Each Parson © NON-OWNED Eaoh Aocklent or Oocurrena ® HIRED Each Aoddent or Omureme OTHiir.ACroRS 16/96 MS2-191-409706-C-64 HI I D EQUIPMENT Ce ,000 EQUIPMENT THE DEVELOPE R. GREEN FIE LD WOODS ESTATES JOIN T VENTURE, THE CITY 0 F DENTON THE ENGINEER, BURKE ENGINEERING a THE SURVEYOR AND MEIR RESPECTIVE OFFICIALS, AGENTS, EMPLOYEES A VOLUNTEERS • TH~n RSAA CE 19 ~~Y ON O.L. POLICY SUBIECT TO THE TERMS A ON TRE RE: DEERW000 PHASE Z "IF THE CERTIFICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDED TERM, YOU WILL DE NOTIFIED IF COVERAGE S TERMINATED OR REDUCED BEFORE THE CERTIFICATE EXPIRATION DATE. HOWEVER, YOU WILL NOT BE NOTIFIED ANNUALLY Of 114E CONTINUATION OF COVERAGE. SPECIAL NOTICE - OHIO: ANY PERSON Y,110, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A rRAUD AGAINST M WSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR OECEPTIVE STATEMENT IS GUILTY Of NSURAtNCE FRAUD. NOTICE OF CANCELLATION; `NOT APPLICABLE LI ESS A NUMBER OF DAYS IS ENIEREDBELOW 1 BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL • CANCELOR REDU~E THE INSURANCE AFFORDED UNDER THE ABOVE POL K;IES U TIj Liberty MutuAwroyp • • LNNTIL AT LEAST V DAYS NOTICE OF SUCH CANCEL ATXNN w1s BEEN MAILED / A 7T LD WOODS ESTATE JOINT A L cllnntacATE 7VENTURE HOLDER 81 , TX. 76205 3/8195 CK IRVING DENTON DATEISSUED I TTee cwtlllaNr eacvred by NICERTY'Altnt6A4 GRr~LTrwweewNd/,!Rrunmr»Atifitnc4rElR TtTrne QatlwMb ~~[K 7T71 PI s • OOO~G~ o~OCQOGpppOOOO \ 00~~+ r°O~ p roO a q` C3 v 0 Cl 000~00ooooQ N ~~0~000 O QOUO E , 1 l ' I 1 1 1 1 • 1 i i I i ~ tea' p~; Ii P''~Ii~ • • MAOOF23 i PROJECT NO. CONTRACT NO. ~ THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, hereafter referred to as "Owner," whose business address is 70/ , h All & ,,7',j 7` 4_% is the owner of real property located in tho corporate limits of the City of Denton, or its I extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such devel- opment must be performed in accordance with the applicable ordi- nances 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 insure 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 Whereas, the Owner elects to construct the Improvements with- out. 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, and owner agrees • to complete, not later thanQ . the improvements set • • forth herein and described in Exhibit "B" attached hereto, the ZRARM • I plans for the construction of improvements, which is incorporated herein by reference; or 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 property constructed in accordance with the city's specifications and that payment is made therefor; i AITNESSET8 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 JQ6-i JSPT'~ Denton, Texas, the Owner, Contractor and City, in consideration of their mutual prom-'.sea and covenants contained herein, agree as follows: 1. Covenants of contractor. Contractor agrees as follows: (a) To construct and install the improvements as de- scribed in the plans attached hereto as Exhibit nBn and to complete such construction not later than 3Q 5 ~9~s Con- tractor/Owner agrees to construct such improvements in accordance • with the procedures, specifications aril standards contained in Division II and III of the City's Standard Specifications for Publiq Works Construction. North Central Texas. as amended, and all • add~ndums thereto, and all other regulations, ordinances or spec!- i ~ • • fications applicable to such improvements, such specifications, standards, regulations anJ ordinances being expressly incorporated I E PAGE 2 • _ y... rte,.... . , r „t 1>7 V r • r 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 speci- fications applicable thereto. Any work done or materials used l 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 ordce if 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 remediod to • the satisfaction of the City Engineer, the City shall have no obli- r gation under this agreement to approve or accept the Ia,.rovements. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as PAGE 3 i i j 1 i 4 provided for in Item 1.26 of Division I of the Standard Speci- fications for Public Works Construction, North Central 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 I constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) performance Bonds: Escrow ggreement• That if building permits are to be issued for the development prior to completion and a- ~ptance of all improvements that are to be dedicated to the p4lic, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: O (i) a performance bond in an amount not less than the amount necessary to complete the Improve- ments, 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 a 0 by a surety company authorized to do business in the State of Texas; or, Y,*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 PAGE 4 I • i the city Engineer, cash money in the amount necessary to complete the improvements, as determined by the City Engineer, may be de- posited 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 Paymen±,_ 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 con- struction 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) i° the total contract amount of all 4 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 7;nprove- meets shall be fully paid and satisfied brfore 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, O 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 PAGE 5 r i { i I 3 I on, or supplied material for, the construction of the improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Pa entg. (This provision (c) applies only where the Owner and Contractor are not the 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 )ontractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due fcr labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been vaid or otherwise satisfied. (d) Encumbrances. 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 S--,i promptly post a bond with the City in the amount of such claim, I PAGE 6 e lien, charge or encumbrance, in favor of the City, to insure 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 substan--e acceptable to the City, in the amount of ten percent (103) of the contract amount of the Improvements, ensuring 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 sub- contractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction • of the improvementa; 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 ar contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 • _ _ r • 3. Occupancy: One Lot Developments. Owner further agrees as f 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 City's 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 improve- ments 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 I i 1 i _ ice:. `af.+?i'~.\@ A'SrpTS-Y•t.6[YaF i(Tf<.""'{YRM1.!M t4 YN '-!+Mwya ~ E 6. Successor and Asajans. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. - q~ Executed in triplicate this IL day of OWNER CONTRACTOR 1 BY: BY : CITY OF D , TEXAS BY + CI Y AGER 1 i ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY : 1 o u~.r ~wu Y ►-itd. • d R i • • • i PAGE 9 r , f,r n. , •r • s s j i 3 1 +i+ 11 I s • IRWIN RENT ACCOUNT • 1311 1 - ADDRESS-- REMARKS AMOUNT ° ° • Irwin Rent Account ESC-SIDEWALKS-805-811BERNA _----550_00 • 550.00 i t I _ ...I~. 6, F ."4'r.,. `~s~'.~"*l~y5i~y'9 ~ L,} .+~'F i t t ~{"R^~ ~i ~ { ~f • 12331, k PROJECT NO. CONTRACT NO. THE s'rATE OF TEXAS 9 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 4 OF PERFORMANCE BOND (Development Contract-Improvements of7 $50,000 or Less) WHEREAS, 4 hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said • property prior to the completion and approval or acceptance of i I the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the improvements is $50,000 or • less, in lieu of posting a performance bond, escrow cash money • with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; i i • l l Now, THEREFORE, OWNER, City and //'S7` S~7n 7p e~~ hereafter called "Escrow Agent", agree as follows; I I. Amount. Owner, as a condition to receiving building per- mits for property located at ell &Q/-A/ 4r0 ~X.L~ J TQ Aiy shall deposit the sum of T J"r t~' z t _7 in cash money, with Escrow Agent, said sum being in an amount, as determined by the C'.ty, necessary to insure completion of all Improvements which are to be dedicated to the i public; said Improvements being more particularly described in that certain development contract dated the /4p day of ~r4T ~ , 19, between the City, Owner and Owner's I - Contractor, to which reference is made herein, 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, tnat cash money, in the amount ,oil specified herein, has been deposited in an escrow account with • Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for • • • lie rein as follows: (a) the City Engineer shall autnorize the release all the escrowed funds when all Improvements are PACE 2 e completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not relecded are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton Texas 16201 OWNER: ~'2' -z ~"J'j ESCROW AGENT: s 4. Fees. Owner agrees to pay any and all fees or costs • charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance • • • with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in PAGE 3 i connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and, binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in • the matter. 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action • is necessary in connection with this agreement, exclusive venue f • • 1 shall lie in Denton County, Texas. PAGE 4 i i 1 i I IN WITNt:SS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of 19~ CITY OF DENTON OWNER BY: BY: ESCROW AGENT i BY: / f i ti PAGE 5 •a i` r~.~ t i x^.~.^ eV .r g`0.' ry' t • r PROPOSAL Scott Richter hop" No. ~ General Con tractor Shoot No 701 S. Carroff Boukvard,, Suite B Denton, 7eXas 76201 Data (817) 898-8784 EE Proposes ,neabmitteci To Work To Be Porfornsad At Name ___/)q --Y 10 Street -_!!D~_--- City Stata_____ CHy Vi`e' t " Date of P1em - - - - - Steta_ ArchiteM-- Telephone Number-- 3 We hereby propose to furnish the materials and perform the labor necessary for the completlon of 1 r All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawirsgs and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars IS JVV I. with paymentt to be made as follows: i• Any eltwolion or deviation from above speciflrnlorr Involving Respectfully tubrnitted extra coats, win be executed only upon written orders, and r Irrye over end above the estimate. All wlll bow" an extra c weements writ Vngent upon strikes, socldents or delays beyond Per our control. 0woe to carry fife, tornado and ollw naceteey Insuregce upon above work, workmen's ComWnsallon and Note - This proposal may be withdrawn Publk Liablimy Inwren on strove work to be taken out by by us if not eeasxed withinjo days ACCEPTANCE OF PROPOSAL The abova prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature- Date Signature UTMO M U.a.A • • 1 ~~rpCOCCGp ODpO~~ D~r o a lip 0 i OOC~ t to II e O~OOO~ ro r a N t, oOOO °0oaocaab+ao~~ I ~E i E k I t 6 1 ' i i p ~~y 5 YYF_ J i • - ' .u~ai 31s C1fE ; ~3 POND PREMIUM BASED 09 i 6W-'.L CONTRACT PRICE , PROJECT NO, BOND EXECUMD IN THREE (3-) ORIGINALS CONTRACT NO. ~JC3 PBRrop)"C$ BOND BOND No. 580194 I THE STATE Of TEXAS s' , ]KNOW ALL MEN BY THESE PRBSENTS1 COUNTY Of DERTON 6 tl That- _LYxfat fuotian can". hl,'~ 1)O Box 828 Denton. '1'QXAA 7b20? I ~ Of Denton, county, Texas, hereinafter called Principal and _itol Inderm itv Corporation. 4610 University Avenue Madison Wisconsin 53705 a Corporation organized under the lava of the State of and authorized to do business in the Itatf at Taxes, hoCa na ar called "Surety«, are held and firmly bound unto the city of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "CityM in the penal sup! of Nine Thousand Five Hundred Twenty and no/100---------------------------------------19 9,520.00 ---------I Dollars, lawful money of the United states, for the payment of which sus Well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents THE condition of this obligation is such that: WHEttF.AS, the Principal entered into a certain contract with owner, dated " ~4 the day of March , 19 , in the proper performance of which the City o ben on, exam, has an interest, a copy of which Is hereto attached and made a part • hereof, for the construction oft Drive Approach, Culvert and 4' wide Sidewalk at Citgo, 3430 Fast University Street, Denton, Texas 76201, Lot 1 Block 1 NON, THEREFORE, if the Principal shall well, truly, and aithfully cause to be performed and fulfilled all of the rndnrtakings, covenants, terma, conditions, and agreements of said 'ont.ract in accordance with the Plane, specifications, and contract ioc:uments during Clio original term thereof, and any exteneia+i hereof which may be granted, with or without notice to the surety, PA(;r OHF i i • and during the life of any guaranty raQulred under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements at any and all authorized wodifications of said contract that way hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be voids otherwise to remain in full force and effect, PROVIDED, further, that it any legal action be tiled 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, Drawinngqs, eta,,' accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such Change, extension of tile, alteration or addition to the terms of the contract, or to the work to bs performed thereunder, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be doomed an original, this the 22nd da of y ._.W may 17 9M 5 PRINCIPAL. OURETY DBR Constriction Company, Inc, Capitohity Corporation 11 1 BY BY c~< I"one • X s, President AT oRKEY-IK-FACT cl ATTMt Shane A•. Fitdrphrey 6 E<.RETARY • NOTE' POWER of ATTORNEY OF SURETY KUSC BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE of CONTRACT. i 1 f f ~t PACE TWO • I • BOND PREMIUM BASED ON FINAL CONTRACT PRICE PROJECT NO. sal BOND FJCECLW.D IN 'IHREF (3) ORIGINALS CONTRACT NO, l3 PAYHPT BOND BxID NO. 580194 THE STATE of TEW S COUNTY OF DZMH S THAT DBR Construction C Inc., P.O. Box 828, Caenton, Texas 76202 , of _-Dontnn county, Texas, hereinafter called principal and capitol. Indernnit Co ration, 4610 University Avenue, Madison, W4 ConSin 53705 a corporation organitad under the iaas of the State of and authorited to do business in the State of Texas, haze nos er called "Surety" are bald and firmly bound unto the City of Denton, Texas, a KunIcipal Corporation in Denton County, Texas, hereinafter called "Cif ■ ' &W and unto aersons,, finm corporations Who may furnish ma terials forior perlorm labor upon the buildings, structures or improvements referred to in the attached contract, in the penal OUR of Nine Thousand Five Hundred lWnt and nn/Inn 5M-W-------- ) Dollars, lawful money of the IInited 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, executora, administrators, and successors, jointly and severally. THS Condition of this obligation is such that: • WHEMSp the principal entered into a certain contract with Owner, datod the 24th day of March proper performance o which the c y o enton,19gex 95 in s,~ has the interest, a copy of which is hereto attached and made a hereof, for the. construction ofi part i)rive Approach, Culvert and 4' wide Sidewalk at Citgo, 3430 East University Street, Denton, Texas 76201, L,ot 1 Block 1 ~ • • I PAGE ONE I • • i Now, TNRRcrORC, 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 materiel 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 %ads, notice of which modification of the suroty 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, Spocifications, Drawingar ate., accompanying the tame shall in anywise affect its obligation on this sand, and it does hereby waive notice of any such change, extension of tisa, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, IN NITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original,-this the -22na day of May It 95 j PRINCIPAL AURM t MR rr+nstnrtion Cmxroanv Inc Capitol Indemnity Corporation bY: f1Y r~ Ri s, Preden A'I'1'OflNLY-IN-lkC'l' U AT'fEBTi Shane A. Humphrey o 5X[1AD-4k dA C:2 i Al I SECRETARY • i NOTE: DATE Or PAYNE" BOND MUST Ndi' BE PRIOR TO DATE OF CONTRACT- PAGETwo ~ • _ r.~';; t ~+s4 ~i~~~~ ~w ;max«:.~.~ ~ .F i A • PROJECT NO. BOND F",CUTED IN 1UREF. (3 CRICINAW CONTRACT' NO, BON) NO. 580194 COITRACPORIS MAZN'TERAmCE BOND (DEVELOPMENT CON'1'fU1CT) THE STATE Or TWAS j COTITY OP DENTON i KNOW ALL MW SY THESE PRESENTS: That DBR Construction C y, Inc., P.O. Box 828, Denton, Tlexas 76202 at Denton county, Texas, hereinafter called Principal and l t ration 9610 Universit Avenue, Madison Wisconsin 53705 A corporation orgariitad ,,or the laws of the state fWisconsin and authorised to do business I o n the State of Taxas, here naf er called "Surety", are held and firmly bound unto the City of Denton, Taxes, a Kuniaipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Nine Hundred rimy-TAr~ ana noiloo Dollars, 952 00 lawful A01,1411,11 of h6 n Cad 8tatas, the said ■un beinngq ten percent (101) of the total amount of the hereinafter mentioned contract, for the payment of which sum wall 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: NHEREA9, the Principal entered into a certain contract with Owner, dated the 24th day of March proper performance- -which the Texa in the interest, a co of Y Dan on, Texas, has an PY which to hereto attached and made a part hereof, for the construction of; Drive Appruach, Culvert and 4' wide Sidewalk at Citgo, 3430 East University Street, fxrnton,Trxas 76201, i,ut I Block 1 PAGE ONF J3 • 1I JI I i i { I 1 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 or acceptance in writing by the City of Denton and do all necessary work and repair of any detective conditions growing out of or ariaLnq 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 caus4i 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 i one against the principal and Burety and that successive recoveries nay 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 tanner affected from any cause during said time. PROVIDED, further, that if any legal action be tiled on this pond, venue shall lie in Denton county. IN WITNESS WHEREOF, this instrument is executed in triplicate, taeh ono of which shall boa deemed an original, this the nd day If _ +Ay , 19 95 i IRINCIPAL SURETY E DBR Construction C +nnpany, inc. - Capitol Indermity corporation • / • • Y . BY: Ar)onRicds, President ATTORNEY-IN-FACT T Shane A. Wrphrey PAGE TWO i i i O NOTE1 PMZR OF ATTORNEY Or MAUMV MUST sE ATTACHED. DATE OF BOND KUBT NOT RE PRIOR TO DATE OF coN1'RACF. ATTE8T1 o EC r 1 e d yy~ i x S i 1 s i~ • s PAGE THE 7 g~~ h,~"~' ~5 1~~a'fi ~7'7P~r~L}"i b~'~,'huS'~~° '~`i~;Vi'}" , ,;,r , MOIL • I 4 i INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE. SUITE 1400, MADISON. WISCONSIN 537050900 PLEAS4 ADDRe55 FIEPLY TO P0 BOX 5900. n,IAOISON. WI 537050900 r.: PRONE 1606)231 4650, FAX 16091231-2029 POWER OF ATTORNEY No: 3 5 4 0 2 0 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the Slate of Wisconsin, having Its principal offices In the City of Madison, Wisconsin, does make, constitute and appoint --------V. R. DAMIANO, JR., JAMES V. DAMIANO, CHERYL L. HUMPHREY OR SHANE A. HUMPHREY-------------- its true and lawful Attorney(s)•in•fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ------------------------------NOT TO EXCEED $5,000.000.00-------------------_--_--------------- This Power of Attorney is granted arid is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 51h day of May 1960: 'RESOLVED, that the President, and Vice. President, Secretary or Treasurer, actIN Individually or otherM4se, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bends and underler inps, and other wreings obligatory in the nature iftwoof, one of more resident vice~l residents, assistanl secrelanes and aflomey(s)-in•fad, each raee to have the powers and duties usual to such offices to the business of this company: the signature of such officers and seal of the Company may be affixed to any such power of ahorne or to any cievicafe relating thefeto by facsimile, and any such power of affomey or certificate bearing such facsimile sign wr or facsin,ila seal shalt be vaIW and bindi upon the company, and any such power so executed and certified by facsimile signatures am facsimile seal shall be valid and binding upon the Ganpany In the Iulure with respect io any bond or undenaldng or other writing obligatory In the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time. IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by rI its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993. CAPITOL INDEMNITY CORPORATION Attest, L~~rVirgiline M. Schulte, Secretary =yconnarlArL~' GeorA. FaN, President S SEAL STATE OF WISCONSIN COUNTY OF DANE On the 1 st day of June. A.D., 1993, before me personally came George A Fait, to me known, who being by me duty sworn, did depose and say that he resides in the County of Dane, Stale of Wisconsin; that he Is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. i wuco STATE OF WISCONSIN PeEEp hlA L 17 w luzs Peter E, Hans COUNTY OF DANE Notary Public, Dane Co.. WI My Commisalon N Peenw*nl CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in lull force and has not been revoked; and lurthermore that the Resolution of the ' Board of Dimclors, set lorth In the Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated the 22nd day"jMay ooff19 95 I a, TrOasuren 11gyn. lwoi , c. vaud only d the power of avoi"y number printed in 01e upper rVM hand eomor appams in red Plrotocoµas. cudron copies or Who, mpa,dol. Timis aa1 net binding on the company. hvtuiries concerncnp rhLS Iwwer of affoncey may tw deckled to the Bond Managel al the Home 011ov of m,, l:,n,dol Indan1.culy Corporation. 71 r.+. IIL Y7 i AAA02DD7 PROJECT NO. d] CONTRACT NO. THE STATE OF TEXAS 5 VEVELOPMENT CONTRACCTT COUNTY OF DENTON § Whereas, Terry John Spencer hereafter referred to as "Owner," whose business address is P.O. Drawer 2149, Palestine, Texas 75802 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" I and a 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 i the City's specifications, standards and ordinances; and PAGE 1 • • ~r r•` ?,tom' k AAA02DD7 {eelect 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 DBR Construct;on Comppny whose business address is 521 North Locust Street, Denton, Texas 76201 hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an f 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 Denton Citgo 3430 East Universtiy Street Denton, Texas 76201 Lot 1, Block 1 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: PAGE 2 i I AAA02DDI (a) SSoecifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's St4ndard Specifications for Public Works Construction North Central 'texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such 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, Inspgctiong. Tess 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 r 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 PAGE 3 i • j 1 AAA02DD7 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 na obligation under this agreement to approve or accept the Improvements. (c) Insurance. 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 NoKtth Central 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. i • 2. Mutual Covenants of Owner and Contractor. owner and • Contractor mutually agree as follows: PAGE 4 w 1 • 1 i I i its*, I ( it AAA02DD7 { (a) ggxformance Bonds Escrow Agreement. That if building permits are to be issued for the development prior to completion i and acceptance of all improvements that are to be dedicated to the ~ public, the following security requirements shall apply, unless the 11 development is a ,one lot development," as defined by City's Development Code: J M 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 1 business in the State of Texas; or, (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, 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; AssurangC 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 (loot) 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 i 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 PAGE 5 ___,W,.:,, : _s • • AAAO.DD7 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 W 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 a17, 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 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: 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 PAGE 6 • AAA02DD7 for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. 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, lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Pond. 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 (10k) 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, [SAGE 7 y- , • AAA02DD7 (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 costa, 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. 3. Ogcupancy: Onf 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 • • I occupancy and the City may take whatever action necessary to restrain such occupancy. PAGE 8 • , L.cwo' H .+1 n ~p AAA02DD7 k5 (b) That if this contract applies to a"one lob development," as defined by City's 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 Citv. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Vgnue 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. 6. Successor and and Assigns. This contract shall be binding upon • and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 24 day of March 19 95 OWNER ! CONTRACTOR DBR Construction Cam any k r ~ BY: ° I Y. t5ff PAGE 9 i e ~ I 7 bbvit r 1 ? f~' + AAA020D7 a; TEXAS B CZCITYAGEIR ATTEST: W J FER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MIGAAEL A. HUCEK, ACTING f;ITY ATTOP11EY BY : F~a k P 1 I i t 1 PAGE 10 i i i , , • i 1 Y I , IBJ03ACONSTRUCTION COMPANY P.O. Box 828 Dcnton, Tcxu 76202 (817) 383$007 March 24, 1995 Exhibit A Denton Citao 3430 East University Street, Lot 1, Block 1 Denton, Texas 76201 DBR Construction Company will provide labor and material to complete the described work, for the above referenced project. Provide approximately 200 LF, of 4' wide sidewalk. Provide Culvert; i.e. drainage pipe and sloping end sections for new drive approach Provide new concrete drive approach Total Price for all work listed above is Nine Thousand Five Hundred Twenty Dollars ($9,520.00). 5incer ly, on Rich ds DBR President • J yi { JWd • i r ALERT COMPANIES !MTER LONGVIEW, TEXAS STANDARD SUB CONTRACT AGREEMENT THIS AGRTFMFNT, made this=_3___ da``y by and between__..._._ hereinafter called the Contractor eni'a of__.!-,~:CG. hereinafter called the Subconuactor: WITNFSSETN ~J For and In coneldwstion of the mutual covenants end agreements healnallN Sot forth, it is agreed at follows, lo•wW 1. Sub•contactt agrees to lurnish end pay for all nuterisla and labor and perform Ina good and woamankke manner all work necessary to complete the construction of 1+ { according to the general contract between the Contractor and the Owner and acrordmg to general conronons, special conditions r,iana epecdics0ons, bidding blank, and addenda thereto of the Architect, ON as set forth and ;.lathed to the pnmo contract dad 010 "'AI a part hereof by reference. and to so complete said work to the full ptNfection of the Owner and tree Architect. 2. Sutneontractm agrees to be responsible too and protect the work to be performed under this sub convect until accepted in full by the Owner and Architect. 9, TM Sub-conttactor shoe commence work under this contract when notilled by the Can ;S061. and shall complete the work covilmd by INS sub contract Ina diligent manner w final the pogrea w completion of the building will not be delayed, and In ouch a manner that the Con r• w.~ tractor or other Sub contractors shall not be unduly delayed or impeded In their work. The Sub•cdnlroctoi agrees to be reshnnsible ON, 'T resume, Corry out slid perform UI tired guarantees upon work at materials referred loin the ggssneraf contact, plans and specnl relating 10 any materials furnished, or labor performed undet this subbeontiact, and in IN event any fyuldeted damages are assessed epav,st the con tractor due to failure or neglect to fumlett labor or materials to promptly and efficiently perform the work, the Subcontractor i hall pay Corder.. for Such part of sold damages which has been occasioned by the delay of neglect of the sub contractor and the subcontractor agrees that • such sums may be withheld er om payments due him unit this contract. s, The Subcontracts will furnish ail Mrstarials, fowls. equipment and labor necessary to fully perform alt of 1M conditions of this conuaco, ucept as agreed to ore follows: S, Sub-Contractw agrees that Conh►otoi anal have the right and privilege to make a'y payment due Sobcontractor hereunder jointly tc Sub~Connacfor and any person, firm or corporation to whom Subcontractor is indebted for labor performed a matenats furnished rn thin err ftmance of this subcontract S. Sub contractm is lofuonIth Contacts with account rumberof State Unemployment Compenatron, t infieu the sof, agrees that Con- tractor may teptsrl and pay such Unemployment Compensstlon of taxes as ere paysblo by raw upon wages or payrolls of employees of Sub contactor, employed In the performance of this aub•controct, Si charge the same to Sub•contracfor, s deduct the same from any sum due Sub-contrsctor herwni Sub.contfactor in This case Mahe !suntrap Comrsctor with correct and occuato payooras each work. i 7. The work performed by the Subbcoolrector shah be executed by skilled and aputable mechanics and labels setidactty to red Can, tracts, and the work to be done anall fully comply with the Kara and pesfdatlota aforesaid, end shah meet the approval and acceptadce of the Conlraclof, Owner, and Architect, 1 m - Miller, , o, pee r nalntam , o affect doing IM ea.oae of bl conllacl, Wwkmeri a Co nsaUwi mkwante and any other knewencs rev,. ,ed by the Iews of the Slate M which the w0, ~ Aub Camt IS Ming petloimW, w l"virad by the fHMrel seminar. pacilKetlone a ~j~enda, AMU ~n any even, O maintain in full forte and offset En,pbyer's, rublrc. utenteWle and Truck Le61MtY and ►rOtMrtY tv.mepe InelManca Yn sutt Fretas! Contract is a64neT 1066 w a.pensa; and Sub-centraetor, notwNMlandrng any krwanOrr Sisal may be provided Iw a W reaponeYbla Iw and indarm nifMe acrid prase to hold Contractor hermises from hid leas, knot w demaq, either to parasol o out of or resulllrg from the performance by Sub•contractw of the wok Corral Dy tole aub•conill w xtoaiwwd by the Sub contacc for or No agents, Solvents w omployseS. In Cass Sub Conti does al hove No own compentelion and other to motif y Controclor, and in Such CAN Contractor may linckndo the dek that Should be insured by 6ub.Contlec loo, under Conhatlo; ► 1 po!krea of inewenco and charge the premium* w cons thereof !o Sub contractor w "duel the "me from any payments der l roundel. 6. Subcontractor agrees to keep the buill w protect to which this Sub•contraer relates free and clear of mochanics' Gen cumbrances soling by his act AT contract and shall, at No Sole cost and expanse, defend against any claim, lien, suit or proceed,, ' Presented nr bled enaing owl ol and in The tour" of Two performance of this sub~contratt. 10. Sub contactor agoeos to do no work ern this project not covered by 049 eontnet for Owned' or anvone Nee wrlhou~ r written permission lion, the Contractor, ' 11. Nn charges by Sut, contfaciot for extra work or material under INS sub contact or Id any other work on the above F, mail or will be, recognized w paid by Conllsclw unless agreed to in writing by Contractor before such work is done or the mate" This comsat I spit lonh in full Ihe agreemem and oWrpetioM of the partite hereto and no supwinfendent, fwMyn or other smalo Iratfw has or shell have any tight or authority to fy, add to or change this sub contract or execute any written order or give . .i directions for Conlrac!or I I 17 It is mutually agreed Thai if swety bond is regvked to "antee faithful pwlormance of this subcontract, Sub•cCntrac:l ! and furnish the acme upon the request of Con irwtor who. In with event ow pay the coat thereof. J 13. If Sub contractor shall fag to oseculs Said wank of furnish said material as rapidly as !M Contrac!w shall squire, of I Shull In1 to comply with the farms of the general contractl of the Mans and SpecHkn!ons AT other C"IWAS of !his cohered material or workmanship, of it Sub confrectw shah 14,4 10 furnish M(1eeMry nulerial and Complete Sack work M such manner as plnlon of the emirs ContuCI upon the date Specified in the ganerel cMttac!, the Contractor may on winter tad work w any part Interact. of may purchase malerislo as the general eonfracfal ray dalYfmihe, w may proceed to pallor, (ions of the wb~conlfatt, and AM costs of Said material and expense for such abor Mari W (114619114 m the Subconlrettw and 60 Dayments to the Sub•ooni lw. The Sub,tomractw Shelf be !leole l0161 CAmraclor for any emcees of oxpanditurs w mede the aub-Contracl or" fixed herrellMffer. te. Subcontr Tal span IM in Can of my error or delauk on his Part M the perlormsnn Of INS wD•COnuytr alter as Wj" *fill" notice, may Soled the actor Of peAwm the work ace econorMcaM as Sub conrn for of Oedua such Cost from any sum der Sub-Contfactor hereunder, y poStible Sntl charge the 15 . Contnclw shell pay in Subcontractor for the !ailhful performance of this suh conuscl and all provisions thereof, Ithe 6 n 't 7hlarl/.t•e4~2_~ Ld_L_2~/lx.~/2/~ 74~ycrpt~' yv'm~0 such payment ge on 1 vment Io be made in mstagmentS at the wore Dror sees, M1imAIM to be mole of the proportionate amount of mac. and work or labor perloimed by Sub eonmaclal. Reference is hereby rnai a to the generM contract between Contractor and U , payments to be paid ro Sub contractor shall be pavabk M and when Contractor tecelves payment from the Owner for the walk p;, materials furnished heraunrfor. Sub. contactor shall receive his propo "Mols pert promptly as payments alto made om estimate& to In the event that said contract between Contractor and Owner she!! 'not provide for retained rCMf W ape t, the peymenla me.' .Ontrsttor hereunder Shall be fill end ouch --._--per ant of the amount of the estimates made covering penumance and payments shall be psyable in the proportion AS provided above, The rejoined of IernNnx~p perCanlage shall h^. anal alumna is made and after the ncMtaw Mk Certified NS Satisfaction as to the Completion of this sub. convect ell after us been pek by Owner In this Connection if la mutually Wood that the above sub•comratt price Mcludee alp rumefs, mNWfamwers or oxeies idles that may be out or char bed by reaaan of the performance Of IMS Aub,eontaCt. 16. Sub-Comae lw agrees to than up his own rubtrieh and temew the to" from the job and agrsea this It No foreman of e, my of them, refuse or ne9ett to tamofy with the r11qultemanta of the general Coni Plans, Speeifbalions and Addenda Nrerelo ni d .my of them be Ill theeSsectful, kttetnpsrats, deordeelY, at otherwise objectkna le to Comysil , Sub•conjectw *move Md obfeetioMble ompil yee or employee* from the job and he or they Mad 611 agai be employed on any potllon ni t This conuact shall net be assigned by Sub-cuntractw tai in whole er in Von, AM Mori n be Sublet either in whole or M written consent of ConBactor. 19 TM terms And INovisionS of INS sub Contract'" eatand to And be binding "Atari and lawful naigne►6 of rho poi lse hereto, upon the hello, auentewa, Axel r WITNESS WHEREOF, they have a■ecuted this egaemenl the day and dale written above W,prou. ~ i ._._.Ff COn~racto SuD.tonlatto i I • ~ I I I { 1 oAR - IIAMFM „ I m Tm cowr CATS M MWED A! A MATTIM OF MPOFMATION I FtI A KING pMUMNCE ONLY AND COMFE" NO MOMTTi UPON Y N CWTVICATf M60 & 1416!, Soft A NOIDER Tm cEAT'INCATE DOES NOT AMEIM E%RIEa 011 ALM L1M]VErir! r!r EY THE IDLICII MI! D~ Tx 7MaAE•7MMM _~O9lrAMp AFFOIIONMO COYHtAD! OpA T* t7 A NIlF1.71 coAMAMY D ■ 4 carhuodm ce he ! MOONEde1M Dots pktwOE F 0 MMMt w C01M" Drava, Tx 7802 Two work cola Me FWW c _ 0o wvl►~w D Tla M To CERTIFY TINT FM FOIICIFE OF PMWA I A LIVW MI HAVE EWI TO THE MM M MM AWN FM 119 M DY PEIM00 _ MIdCATEO, NOTWMWANOIF1o ANY PEOIIIREMEM. TUN DE CONDITION OF AMY CWMACT ON OTHER DOCUMEW WITH IIEAPEOT M "I TMM CER7MTCATE MAY EE oww oft MATH PEATAN, TILE w&wANCE AFFaF 0 MY THE MM OEMCAIMEO NEIIEIN b MIMAECT TO ALL M TmM• gCLUS04 AM OF SUCH POLICIES. l/AlITB 4NOWN MAY WAYE EEEN W AILIM 6Y PAID _ LTA r ft OF 1rIMIMt PI Mora OL a~ "M I o LATH olTavL tAT1Lnr Moat ftmq = 1 1000000 E X COPfM7 OOK Far !MMl1t Now oM/OMIMM Moog PIAATY AN 1 / MR, - PMORt1Y aM~aE ooe ~ 1000000 _ OAMDE ADO 1 1000000 _ Y ~r PIM Kum MI r !I Po carece oCC 1 am OPM CONTMAORIIL r L PO_00rom AN S 1/oes+Dert courme7 is FOOMAL KAMY AN 11 0*0 FIEF PFIO'aIY OAMAW PERI KAM A AuTomwE uAam TCAMISM PV17lN OM+I7" ~ JI 1 f ANY 4TH ALL OOVVMW AUTOOS PAN PDW 61 KAM 1 kaw MOPM~M M«rtM lPw rdOr•4 X WO AU101 PM0F91TY OAMAOE 1 x NOWOWN 0 Aura EOO"Y UAW • d^' 1.0493" DAMAW I 1000000 comem EXCM L MNV ON oCOUNBE✓F 1 _ UMMIA FOIM A0090AVE 1 Ono TIMM IJMVA LA FOM ONOTJM OQOTrN 1TAT1/TOMY IoMTM 0 WOFXM Cq~ MM AM S M0741644=7 GAnOYM dM AODOW 1 MMOOOM TIE M PFAIOFV NCi OEFAIE • FOLLY IIMT } y P/AIFMrAMEOI1At OFFICBr AM: Fx0. OESNE • UIOI rel0lTi 1 OHM OOMDI 1 OEICBP00FF of OPWTk01&twAYoE4DoaEtlPEOUL MAS AMNWW Yua+M on OIrIWM UAW EM AetE Is Ct M D1FMr1 1111,1111 IIIWI, MR: WIR 9I0IAO AMY OF TW AIM aB/OIr® POLIO E CAF CKM NFM TFE ktr DMMTMIIF OATS T#,W. TIE NO I OOMAM' WU r106Wdt 70 MFL 2W E. 9D DAq mm m mom TO T/E C611Pk4TE mmm wAmo TO RE Lw, a IUk FMAAE 70 MOL r1CN MOTTLE OWL MOW NO OE1611kON Ot LMLM OEINon TX 76M11 OF ANY "TIE OWMV, rM AWRVCA EIIM ATIIN. A/NE / lot ~L42 mm .a d ooOOOG~ ~pdC4oGOpY~Q2 y Q to D oO~~~~~QOCCOti~~~~o 1 i f ~ i , 1 { s i i { I i I 1 i f i d f 1S i i i I 08/02/96 11:OJ aDB175666296 CM OF DENTOS ®002/008 ~OOD97 PROJECT N0. C4,57- CA CONTRACT NO. T)i8 STATE OF TEXAS S COUNTY OF DENTON S ,_.....ak, ~Ki'hl►~:.., tea'.; Whereas, ~4utb4 ' hereafter referred to as "Owner,') whose business address is 550 N. Reo Street, Tam a FL 33609 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Wharean, 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 whicasa the provisions of this contract which refer to "Owner" J C or'"Contractor" shall mean the owner as named above; or .c i I • 1 06/02/95 M Oa •1588175686235 CITY OF GENTO\ 11000/008 Whereas, the owner elects to make such improvements hereafter setr forth by contracting with Wilson/Barnes General r n w rere_ Inc. whose business address is 14,?29 ProtosiQs-' ae TY 75244 hereafter referred to as "contractor"; and Whereas, Owner and Contractor recognize that the City has as interest in ensuring that the Improvements subJect to this a7::eement, 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 thereforl 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 300 south 135. East, Denton, TX 76205 the owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as followst • 1. covenants of Contractor, contractor agrees as follower (a) Specific4ti ns. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the CitXls standard • ~s 5ons North Cen raTEXAS, , • • as f~cati g for bile Worts cructson- - amended, and all addendums thereto, and all other regulations, INS 'ordinances or specifications applicable to such Imprrovemants, such PAGE Z r - • 1 i i 06i02i95 17:04 $08175668238 CITY OF DE\7ON ® 0041008 i specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of i the agreouent as though written herein. (b) authority p City Engineer,; Inspections. Teats and pL4,=. 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 no 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 in 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 9 i , • i • i • 06/02/95 17;05 V96175666230 Cln' OF DE.\TON ® 003/006 (c) Insurance. 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 g„tanda d c cifications for Publia Works Construction North Central Texas, as amended, the provisions of which are expressly incorporated herein by referancel s provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton, (d) Means and Method4 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 followst (a) Per ormanca 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 ser-urity requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Codet (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as • 1t determined by the City 1Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the city, shall b,,% 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 • 00/02/05 17:00 1200175606200 CITY OF UENTON 0 008 000 r (ii) i!_the cost of completing the improvements, at the time building permits are requested, is in an dmount 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 be used. (b) p,svmen pond*_ 7+9°=uran~e o Plownt. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1004) 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 determine theof Cthe•; Engineer, or the Improvements, regardless 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 a!lidavit, 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 Elmprovements have been paid in full and that there • r ' no no unreleased recorded liens filed against the • • t Yrlsiprovemants, or land to which they are affixed, L.•~+,..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 tsubcontractors who performed labor on, or supplied PXGE 5 • ....-....rte.. i i • i • I ' r.•,?. LR r .y~a45 •.,i,.c i:.R 'F ;F_`~.: `]~:4i app set*riaj' 'sr, ':.s nrtstrset:an nt *2s+ m~r~vement-s, xnd, +hGti rarad, xietert stsc®estt ;rrna 3srY sr st s+te2t s+s.Krttrxctars sr s~ttLiers3G trey .n }sid i:t !uil. nave 500 ~~litSi4f~:..~'~.rid:..237tid!• ; :"s:.s pr:s4laias ;a~ >pQls~ %h1y •A#A 4 "40 tj"Or gild Cr,xtraatesr ar3 not lair same ¢art't. t tat are ssr:~ari-'J !tir 'hn !a;,*~~tsi :n+ayietinn st =x~trraametts, { ~,rirx'iCY~SY ars,l ~vn a ariz4•s t:rsa*. '~bA e016mer shall retain ten cercent gt tisb "oral 46114f ssal-mt z! tlh4 -ssntraet ;wits santil after .'iia1 n"xaiai ^,r aae•epranee tisA :aprcv .enr_s 'sy he Gift. 1.1%8 Cvner 0011. tne7Aatt9t psy the Conrracta. the retainage, only after z` C•,nr.rar..r,!sY stay fsrAlnhed to thw Owner satialactart evidence that All f MsbFA464sa eann*orad w i tit the ,K rx and &I L suss of money due fay iaaor, mat4vials, a;pAxAtus, fixtuxas or occltinerl furnished f*Y, rind ,acted In the pexfarxar%aa of tha work !rave been paid or rrthArAS4Rt 04tisfiAe. (d) jr yyp•g, That upon completion and approval or AnnAj/tAncA of the I~spx~ienan*a of the city, the Improvements shall i,anrlo* the property of the City free and clear of all liens, 7lolox, obazgts or sncusVeancas of any kind. If, after acceptance • of, tbo f#vroYo4Aonts, Any olaiia, lien, charge or encumbrance is sRd4, nr VAM to exist, against the Improvements, or land dodioatO to the City, to which they are affixed, the owner and G16ntrantor shall upon notice by the city promptly cause such claim ohrrge or anaumbranci to be satisfied and released or i • 1,~ 1 74pt;ly past a boM, with the City in the amount of such claim, r t~ PACs 6 i • i 06/02/05 M D6 2986175656238 Mi- OF DEN O\ Z008/008 lien, charge or encumbranca, 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) Indamnificatiorl. To indamnify, 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) Aa genont controlling. That the provision of this • • Agreement. shall control over any conflicting provision of any contract between the Caner and contractor as to the construction of ttsi Improvements. ?Act 7 I • 00/05/65 06:26 V68173666236 CITY OF DE TON Z0021003 3. occupancy one Lot Developments. Owner further agrees as follows$ (a) That owner will not allow any purchasers, losses, 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 $3,000.00 as liquidated 3 damages, but ouch payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," an defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shell.not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the improvements in accordance with this agreement, the City agrees to accept the improvements. 5. venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal • action is necessary in connection therewith, exclusive venue shall Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE a i • 1 06/05/95 093 29 120 a 175606236 CITY OF DE\?0\ mow/003 6.. This Contract shall be binding upon end inure to the benefit of the parties heretot their respective successors and assigns. • Executed in triplicate this, 22nd day of 19 95 CONTRACTOR Outback Steakhouse, Inc. Wilson/Barnes General Contractors, In f BY$ By.. even tTT..l mon, President T Harmeye , roiect Manager CITY Oh 0 N, T i Y t CIT AGER ATTESTt .AC4- El iIF WALTER S, Cl ! SECRETARY APPROVED AS TO LWAL FORM MICHAEL A. BUCEK, ACTING CITY A,TTOPMEY BY I • j 2 1 7 i; e ; a. . PAGE 9 r 77- • i { 1 Wilson Barnes 0 F N E R A L O O N T R A 0 T 0 P 9 May 24, 1995 Mr. Steve Stanley outback Steakhouse, Inc. i 350 N. Roo Street Tampa, FL 33609 Re: outback Steakhouse Denton, TX We are plooM to quote a price of $9,20,00 to complete the 4' snide sidewalk along Sam Bast Boulevard (approximately 370 IY). This includes fins grading, fomning, and plane and finishing concrete, Sincerely, Tom Harmeyer Pro le Manager • A By; Please sign aW rehrrn a copy of this proposal as an indication of your acceptance of our quotation. i 14229 Prolon Ad, Ebllo% nxxf 73244 (214) 991.4643 Fax (114) 9914742 0 • • AAA019DF PROJECT NO. 95'G~I CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Outback 5 of Uallas County, Texas, hereinafter called Principal and Gramercy Insurance Co a Corporation organized under the laws of the State of and authorized to do business the ound State unto the City of Denton called "Surety", are held and firmly Corporat Texas, a pal on, called "City" iin the penal:sum of DNineOThoueandyTwoaa ds,dherainaftar ****.5#*#*k***kkk***##*k****#**k************#kk#k***!.#** rg 9,200,00 1 1 Dollars, lawful monsy o! the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, J executors, administrators, and successors, jointly and severally, and firmly by these presents: { THE Condition of this obligation is such that. ith 19 contract wits WHEREAS, the Principal entered into a certain the day of , in p oper performance of which the C t 0 Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Sidewalk at Outback Ste NOW, THEREFORE, if the Principal shall well, truly, and ` • { faithfully cause to be performed and fulfilled all of the is accordance with the , Plconditions and ans# Specifications, and of said contract in Contract ' Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, { PAGE ONE I 1 f 11 1 and during the life of any guaranty required under the Contract, and f 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 Cant-act that may hereafter bemade, notice of which modifications to the surety being hereby waived; j then this obligation shall be void! otherwise to remain in full II 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 recsiv6d, 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., accomp^nying 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 22nd day of May , 19 95 PRINCIPAL SURETY r Outback Steakhouse. Inc. Gramercy Tnnuranrp. Company BY : r%t aLi BY: U vu ` u~C Z St-en T. lam n, P: ATTORNEY-IN-FACT V Michael N. Rudberg ATTEST: SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BO!tD NUST NOT BE PRIOR TO DATE OF CONTRACT. i PAGE TWO • • AAA019DF PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS $ COUNTY OF DENTON $ THAT Outback Steahhougg, Inc. i i of Dallas County, Texas, hereinafter called principal and j i Gramercy Insurance Company a Corporation organized under the laws of the State of and authorized to do business in the State of Texas, hernafter 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, firms 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 Nine Thousand Two Hundred *fk***********R*A******k*it********Vt~**i***'k*****Yrie***A****k***it*********k** 9,200.00 ) Dollars, lawful money of the United States, F to be paid in Denton, Denton County, Texas, for the payment of I 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 C ty of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: i Sidewalk at Outback Steakhouse Addition(Lot 1, block A) • • PAGE ONE • I r, • i lI . M NOW, THEREFORE, if the Principal shall, well, truly, and faithfully cause to be performed its duties and bake 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 %1I duly authorized modification of said Contract that say 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 affect. 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. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 22nd day , of May r 1995 PRINCIPAL SURETY 9 Outback Steakhouse Inc.r mercy Insurance Company, c { i [even T. hie n, PreH. ATTORNEY-I FACT Michael N. Rudberg ATTEST: q SECRETARY i NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i a PAGE TWO r iri~' • w GRAMERCY INSURANCE COMPANY N2 4224 36925 { "7616 L.H.J FRWY, Dallas,'rexas 7525 t POWER OF ATTORNEY i KNOW ALL MEN B)' TtfESF. PRFSFNI'S: (VOID IF -1'IIIS LINE NOT IN RED) "That Gramercy Insurance Company, a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Dallas, 'texas, pursuant to the following resolution which is now in full force and eftect: "That each of the following officers: Chairman, President, Executive Vice President, any Vice President, Secretary, any Assistant Secretary, may from time to time appoint AnorneysdmFact, and Agents to 2ct for and on behalf of the Company { and may give any such appointee such authority as his certificate of authority and other writings obligatory In the mature of a bond, and any of said officers of the Hoard of Directors may at any time remove any such appointee and revoke the power and authority given him," does hereby make, constitute and appoinn **********M-TCNAEL N. RUDBERG******************** its we lawful Auorncy(s}in-Faci, with full power and authority hereby conferred in its name, place and stead, to sign, exe- cute, acknowledge and deliver in its behalf, and as its act and deed, as follows! All bonds except Hail Bunds and not to exceed on any single insrrumenr***$300 r000.00*** *****TIIREE HUNDRED THOUSAND AND NO/100DOLLARS*** IN WITNESS WHERFOF, The Gramercy Insurance Company has caused these presents to be signed by its President and its Corporate Seal to be Affixed, this 101h day of June,199-f, 44, Rchen I. Seery, President a STA'11 OF TEXAS County Of Dallas 1 PUBLIC On this 10th day of June, 1954 before me, a Notary Public of the State 10 of Texas came Robert J. Seery' to me personally known to be the individual State NOTARY of Texa$ and off cerdescribcdhercin andwhoexecutedthe cedln instntmcnt, pre g Comm Exp. 07.13.96 and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is Iheofficer ofsaid Company aforesald, and that the seal afflxcd to the preceding Instrument Is the Corporate Seal of said Company, and the said Corporate Seal and signature as an oMccr were duly affixed and subscribed to the said instrument by the authority and direction • of the said Corporation, and that the resolution of said Company, referred/r= to In the preceding Instrument, Is now In force, IN'ITSTMONY WHRREOIr, 1 have hereunto set my hand, and affixed my N tary Public, State of Texas official scat at Dallas Texas, the day and year shove written. My Commission Expires: 7/13/96 • CERTIFICATE 1, the undcnigncd, Secretary of Gramercy Insurance Company, a C orporaflon of the State of Delaware, IX) I IERERY CERTIFY that the foregoing and Rttached Powcr of Attorney and Ccrtilkate of authority remains in full force and has not been revoked; and fuethcrmorc, that the Resolution of the Board of Directors, asset forth in the Certificate of Authority, arc now In force. Signed and Scaled at the said Company, Wilmington, Delaware, this 22nd day of__ May _ 1995 Michael Griffin Hankinson, Secretary J~ ri hYJTI I SS 9ALE~ P,2i2 MAY 25 95 11T2:AM LIBERTY PON YOU THIN CERTIRUT6IFOLDR. T" CWTIFIC,ATS LS NOT THtl CjRTIFIUTfi IS L1EU6D A4AMAT16R OP P7FO6M1T10N 1~'Ff~R4.M SuWGi~aU AN YMURANCE POLKY AND DOW NOT AMEND. 6YTFTID.OR ALTER TMS COVERAG6 An%D9O DY THI FOLIC ES LLSf EM BELOW, Thls Is to Certify that WLSON BARNES GENERAL CONTRACTORS, INC. Name and UBEM 14229 PROTON ROAD address of~~a L DALLAS, TX. 76244 ~1f Insured. Is, at" Ww aw Of 1110611/ b, Vwi by Eh6 OmV mny ur4a M po") laud below. The Mrsna aftfd@6 by AO k1od f 4 a aI MIr wire, SmOtAli End ou dit and is not EATwad by ay recit*i maA Esrm a mnd7orl of my =*ad or *w doaxTnnt W ilh raapaa ~~fiN AatB may be Ewald LIP. 911ATI ❑ CONT*AJM i TYPE OF POLICY C EXTENDED POLICY NUMBER LIMIT OF LIABILITY I! POLICY TERM WORKERS 2/1619ST0211&" W02.191.418227-D16 00'WAGIAPrORMILN"ItM'C EetPLOYERISUAaILYrY COMPENSATION LAW OF THEFOLLOVANGSTATE BodRyll%r"ByADOkfam TEXAS [Ach GEORGIA $1,000,000 I DO* Wjw 9y Diuwa $1,000,000 Polity LISM DOWY Irdtry 92/ 01"6" S1,000,0DO EEth GENERAL 2116J95 To 782.191.419227.026 li LIABILITY 2/1 et" $2.000,000 ® OCCURRENCE Prodscf&CpT~OpefdomApp*pto 4/2/96 YM2.191.419227.066 $2,000,000 ❑ CLAIMS MADE BUILDER'S RISK Bodeyhl~uNEndprOolfwOmTapoUsti $I,6oO,D00MAX ANY Per ONE CONSTR. SITE S1,000 000 Oocurw*l PsmrW and Adwrlmi hQlry Pa PersoN RETRO DATE 4,000000 OganltBdon AUTOMOBILE 2J18/96 TO AS2.191• +t ,1.045 $1,000,000 Each AWdW-Sk*Uft LIABILITY 2116196 9, I. End RD.CarlbhW I$ OWNED Each P~ NON-OWNED Each A*Oftm or t)OCUNBTOa HIRED Each AmMom oT OccunanDe OTHER v rRerlmawetrarnwwARrE~nvevanunAVMiMEVn UMBRELLA EXCESS 2/16196 TO VI 6M TH 1.191.418227.035 UA&L1TY TS (OMw T" "WOM&V"4wmowAT" A aaeY°sao rsewLaTEBeF~MtlauAaBlwAnLwaT AD DITpNAL COAMAEN76~M ~ • THE CITY OF DENT ON NAMED AS AN ADDITIONAL INSURED U the CarbAutE eSplrerton date Is contlnuouE a BnadFd IErm. You MII M roIREd N tanrApE N INmIfISNd or nINcM moron do aMllqu Bglkadon dEp, EHCIAL NOTH:E.OHIO: ANY PkP40N WHO, LMTH INTENT TO grW OA )MpMNO THAT Me It FACIUTATIN] A FRAUD AGAINIT AN INSURER SW1AT$ AN APKICATON OR PUS A CLAIM CONTAWMO A FALSE OR IF STATEMENT IS cU1.TY aA MYlUMNU FRAUD. • MOMS OF CAW" I": MOT APPLICA" UNLSMS A NUMM OF OAY$ IS EfTERSO 8111 WOM THE STATED WNLATTON DAT! "COMPANY WRi NOT CANCEL ON AE000E THE INSOM" APFOPIDEO O ; I ; A • • UNaR THE ABOVE POUCIES UNTIL AT LEAST 30 DAYS MOTI S OP SVCM C WCALLATION MAS OUW AMILSO TO .0 THE OUT BACK STEW403E INO. r C6R~6tfE ATT: STEVE 8TA&Ey REBECCA D. ROCKETT Ham a54 NORTH REID STREET t/ AUT"On12ED FIEPRESENTATTYE TAMPA. FL. 33109 I IRVINO, TX. (214) 660.7899 6126/95 I- OPlw9 PHOHI MWIRIM DATA ISOM - r • ' i i i ~5 ooOOGGc, o00C00C~Op~o~o~ \ o~ 0 o ~oooopOp M p9~oOp aDD044 I i ~y N\ F S I I I 1 f `~t,~-~'f" _ ' a~?.v']T~F~dlf' ~Ma ..p~1 4'{4,f t'"5@'~t%"n~~~M is ~•s ~ i~., . 1 AKAOOD97 PROJECT NO. 4l°ID CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON § Whereas, IW#k 1 FltSli~i'fi14Al9''xa~ hereafter referred to as "Owner," whose business address is 4725 NALL ROAD, DALLAS, TX 752,14 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 rublic, hereafter • referred to as "Improvements," are constructed in accordance with the city's specifications, standards and ordinances; and f (select applicab'~e provision as follows) i rr--~~ L"r~l 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 i 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 i 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 Till' SOUTIMEST CORNER OF UNIVERSITY DR. AND BONNIE BRAE ST. i the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • J. Covenants ofntcc or. Contractor agrees as follows: (a) Rpecif at o s. To construct and install the Improvements in accordance with the procedures, specifications and I standards contained in Division II and III of the pity's Standard • • s S ci ications foPUblic wor s Construction. North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such PAGE 2 ' w / i • . r 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 Tears and r e 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 f j 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) Insurance. 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 Snecitications or Public Works Construction North Central Texas, as amended, the i 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 MQrhods 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 Owr,er and Contractor. Owner and Contractor mutually agree as follows: (a) performance Bonsls; 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 • i (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; Ass range 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 ,f the • Improvements have been paid in full and tn,h thc,o • • are no unreleased recorded liens filed agait.,. t. Improvements, or land to which they are aflixt. 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 PACE 5 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainagg, Final Pavmerts. (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) Encumbrances. 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 4 771 • • 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 • j 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 i damage. • (g) A9-reeme Controllincr. That the provision of this • • J agreement shall control over any conflictiny provision of any y contract between the owner and Contractor as to the construction of the improvements. PAGE 7 • 3. Occupancy; One Lot Developmenty. 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 city's Development. Code, and no performanTe 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 Cif. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Vgnue and Governing Law. The parties 1,erein 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 Assigns. This contract shall be binding upon and inure to the benefit of the parties herato, their respective successors and "ssigns. Executed in triplicate this, 14th day of JUNE 1995 , OWNER: KWIK INDUSTRIES, INC. CONTRACTOR BY: /En BY: SAME AS OWNER ollin ort gineering Coordinator CITY OF D£NTON, TEXAS i 'i BY CI K AGER ATTEST: L JE N F R W ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY., 9 PAGE 9 _ . . fit}`{' ~ e is m 'i~ M,s ~~~'~.'i ~~~a ~r ~ i i • j Ii 1 Knkl)el'.~ "A' YMVYUSA.,/blt F'Ui 57,UYY1:,1.KjkANUICA! gvmsl-n IMt7;. I/Lra VklL NI L': Ur iv.: abi>nII![ kz C[t btrse~.. kSll' Y1d1 Y.. r 75.UbiNA ti2E. C yLe dLt.iact,+.U UiU _+SV U: 1 i `E i a Z f s Page 1 • • r JUN-14-95 WED 11:49 AM TRINITY PAVING 214 436 6181 P.01 I Rinity Paving & Construction, Inc. WHALT & CONCRETE PAVINQ J T I FROM ~Cz /Cj E '7~. DATE JCt x[ L.vw~ ran ~ TO1: COMPANY.- _rAcef ll CXTX 8 STATE ATTENTION O~ ! Y•AX PHONE NO, TOTAL NUMBER OF PAGES, INCLUDING COVER PAGE IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL ASAP, 570-8096 SPECIAL INSTRUCTIONS OR MESSAGE; ~b~' a.►id- P 'n „~~d¢5/~'7d./1 5irlt'~~I,C ~ Wi'cdL ~ ~~/,(lylo(o0 LGt, ~ 0~ Derr>~►a L~ 093Z av, d~ 1'%n426 9/ae_ l ,iJ1~ n THANK Y9U1 W a 780 EAST MAIN STREET P.O. BOX 805 LEWISVILLE, TEXAS 75087 (214) 438-5888 (214) 878--8098 FAX (214) 438-4181 r *r & n'na d, q • 3 a 3 1233L PROJEC'r NO. CONTRACT NO. THE STATE OF TEXAS 9 COUNTY OF OENTON ESCROW AGREEMENT IN LIEU y OF PERFORMANCE BOND (development Contract-Improvements of $50,000 or Less) WHEREAS, KWIK In;1USTRlES INC. , hereafter referred to as "Owner", has undertaken to develop property within the C-ty of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to ..he ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of trio City; and WHEREAS, Owner wishes to receive building permits for said • property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or • less, in lieu of a posting performance bond, escrow cash money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; now _ ,,♦M - • A r 1 • • NOW, rHEREFORE, OWNER, City and 1ST STATE BANK OF TEXAS hereafter called "Escrow Agent", agree as follows; 1. Amount. Owner, as a condition to receiving building per- mats for property located at the southwest corner of University Drive and Bonnie Brae Street shall deposit the sum of Two thousand seven hundred fifty-one end no/100 2,751'00 in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the t public; said improvements being more particularly described in that certain development contract dated the 14th day of June lq 95 between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, tkiat cash money, in the amo~iiit specified herein, has been deposited in an escrow account with Escrow Agent, 1. Release of Funds. Escrow Agent shall not release any or j all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for • • herein as follows: (a) the City Engineer shall authorize the release all the escrowed funds when all Improvements are PAGE 2 i 0 completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City, 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to,the address of the parties hereto, as follows: CITY: City Engineer 215 Eas McKinney Denton, Texas 76201 OWNER: MK INDUSTRIES INC. 4725 NALL RD, DALLAS. TX 75244 ESCROW AGENT: 15T STATE BANK OF TEXAS 101 South Locust Damon. TX 76201 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery • of the amounts deposited in the Escrow Account +.n accordance • with this agreement. The Escrow Agent shall not be liable for r-ny act done or omitted to be done under this agreement or in PAGE 3 i i J 3 i i i connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of t'.tis agreement, the duties of the Escrow Agent hereunder, or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either for both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent Juris- diction, an order binding all parties interested in 0 the matter. 6. Successors and Assigns. This agreement shall be binding I upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. ?ACE 4 M 3 • 1 7 IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this 14th day of "IU!ar 1995 CITY OF DENTON OWNER: KWIK INDUSTRIES, INC. BY; BY, d~ 10 ` Holli ort F,nglneering Coordinator ESCROW AGENT: CST STATE BANK OF TEXAS Tom nig • 1 J i PAGE S r. • 1 0 Jun 10, 10:59 EDT by: PAM MCLEMJRE (11:00) Page 2 of 2 AI:IIItA, ; LRTIFICA Or-:]NSUaANCE 06/20 /95 PROWCIA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE WOLF-LARXIN & ASSOC INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND on ALTER THE _COYEMOE AFFORDED BY THE POLICES BELOW, P 0 BOX 8471 COMPANIES AFFORDINO COVEMOE DALLAS TX 75205-0471 COMPANY A HIGHLANDS INSURANCE CO. Ba u,rle COMPANY CAR WASH EQUIPMENT CO INC B TX WC INSURANCE FUND MWIM INDUSTRIES INC I COMPANY 4725 NALL C - DALLAS TX 75244 MMPAW D THIS IS TO CERTIAY THAT THE POUCtES OF INSURANCE LYSTED BELON HAYS SEEN ISSUE D TO THE NSU0.ED NAMED ABOVE FOR THE POLICY ►ERIOD INDICATED, NOTWRHSTANOINO ANY REOUMEMETR, TERN OR CONORION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 7143 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EfCLLASIONS AND CONDITIONS OF SUCH POtI 4ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _ CO `TYP! 01 pgUAANOI P YICY NUMBER POLICY IFPICTIV[ Y ESPIUTKIH CAAW! LTR DATE IMAADDIYY I lAII BMA Mmm OtHIRAL LultRY BP0121 `162 9/01/94 9/01/95 OFNIRR AoORtOArt $2,000,000 X cOMM[OKAAL o[Nl AL LATE" PROD CTe • Dow" AO S I , 000,000 CAMMI MAGI F~j OC4\,R rPVIOHAL 1 AOY BWVRV E 11 000100 0 OWNER IT A OONTRACTO" PROT IAOH oavnRE,YCe _ {1 , 000 , 00 0 _ pot oAMAoBLAM-w11 50,000 _ IMID IV wtwtp Nw 4 5 000 AUTOWQMLt LLkSAITY BLA102260 D0 -R/01/94 9/01 95I 1, G00, 000 X ANY AUTO COMBINED WOLF UMW 1 ALL ONTAED AVrOS NTOILY BOUNTY SCHEDULED AUTOB LPPI PMEMI 1 X HFAED AUTOS BODILY KAJAV X NON-0VYNTO AUTOS Ihl AaeIbNl t MWEATY DAwot~ t OAOIAOO. VABANY I ALDO tAAY EA K TEHI .5-1- AM - I AM AUTO OTHER 7HAN AUTO 0AV: A0WOATE 1 EECT SS LIABILITY EACH OCCORPfNC{ / jul IA FORM ADO1lDArt { _ OMER THAN V NIMLA FORK _ _ T67-0-17-951 WORKERS DOMFENSATON PAT STA000_ _ 10L7 440 lOrG1T94 S74NTORY LWT{ ylBl [MnorurLMennY EawAOanoa B 500,000 :Ht P"11101%, X PILL DISEASE, POLICY LOOM { _ 500_ 00 FARINERStUCCUTNE F--- OFTIOE0.4 A0.h E)Cl WUSi, fACM EIANOVE [ 500 000 • DINER - j OLICAtPI10N Of 00I1.AIIOMSA.04AMMMINC1Afe P[CIAL MM! GL CONTAINS ADDL INSD 114 FAVOR OF CERTIFICATE HOLDER IN RESPECTS TO WORM PERFORATED BY NAMED INSURED. THIS CERTIFICATE VOIDS 6 REPLACES CERTIFICATE TDATED 6/14/95, CFAT1. T T~LD~~'_•-.':.:.-.-.-..-.,......'..-„~.,,..,---.-.~--.......E C .N h' . r: • • SHOYLO ANY Of THE ABOVE HEMMED POUCH/ K CANCILLED KFOR[ THE CITY OF DENTON 1'I0"ANON *An TTOtAtOY, tM IISUKVO COMPANY WRI IHOEAVOR lO MLR 3&_ DAYS WAr H HOI,C[ 10 THE "At"Itt WiNA HAW0 TO THE LEO I, 215 E. MCNIN14EY STREET BUT PAMURE TO MAILSVCM NODCT BwtI NAFO/l NO 004I6AT1011 OR LMBRITY DENTON, TX 76201 of ANY_A WD IIPOH THE c MPINY, HE AORW$ OR REMtlunA"S. AU111d1It[D ATPA[RMATNt JIM HAMBY PM A ..1<: -ACORtl:iCi7RY0RATpHP<tt):!3 i • . 111831 THIS CERTIFIES THAT KWfk Tod,a rira TNC for City of T,artnn g=agy*Sj MIFICATE 180 o"y cd SS w .75-2422 177 ADDREss 4725 Nall Rd. Dallasi TK 4(, _ 14-45R-877,1 HA50(n0511lU WITI/ - FIRST STATE BLINK OFTEXAS ;,'ll9i';6 $2,751,00*********** DOLLARS Issue Dale Matu ity Date Days/ML- Int. Rile Int_Payable O..posil InL to AW. N Mail int.. CM. 5pl. Iml. Teller 6-14-95 12-10`95 ' I da,75% at Toprlin,. ~TK n,e.en,,, n. a aM~nt leTwM .fJR M"~m Me,yM NNde,m Til lHlil,tAe afMra~Nl of N,e.' ' " AV M(WHC dray M]N l,wW I" tUXIIW.II1 pt"T L KWIK INDUSTRIES, INC. 1400 4726 NALL RD. DALLAS, TA '76441 y i JUNE 14i.~ s 95 PAY i o°aotA OF FIRST` STATE BANK OF TEXAS ~ $`z00 . ~*****~***-1 r TSEVEN HUNDRED FIFTY ONE &00/100********* z DOLLARS 2 (rm~, Cy f1F5 M[XgCIIMMOX<LM,[C11CM'MM nN rIXInMI•f aCAVN,a 1 • _ a 1. ESCROW ON BENTON MOOD L403118 1:LLL0:57ita1: rIt0008588R' 1 i~ 1 J hA t t i i i oooooGc,~0 acoor~ao° O ro O~ n ~ t a 3 Q d Q 0 b ~~oDp° ~ r o t e + ODO °0°ooaaaanoo~°°~ f ;i 41 t T 7+ A 1U:F-05-1995 09+11 11Z! HOUS7f7N .1 713 SM 5468 P.04 Mhc=97 PROJYGT NO, ~~-lf I CMTRjLLV xo. a~ THE STATE OF T!%AS f p$vxt~rxxuT cow COUNTY OF DENTON S Whereas, hereafter referred to as "Owner," whose business addrsrs is V lFW Itz11~ x'1'1( "15b ~ to the owner of real property located in the corporate lisito of the City of Denton, or its extraterritorial jurisdictions and wh(areas, owner wishes to develop the property and ■uoh developsient must be pexforred in accordance with the arrxioable ordi5iancss of the city of Denton, hereafter rerarrad to as "C'.ty"i and. Nhereas, as no. Ation to the beginning of construction of said develmV W , a dove ]!+!vA.:int contract is required to ensure that all streets, water and sewer linos, drainage raoilities and other iwprovewents which are to be dedicated to the public, hereafter r6terred to as "Isprovesente," are constructed in accordance with the cityffs specifications, rtandar and ordinanceal and (select applicable provision as follows) O whereas, the owner elects to construct the Xxprovowant% without contracting with anotlimr party as prim contractor, in which case the provisiorta of this UUs:*raot which refer to "Owner" d or "Contractor" shell no an the owner as nosed abovat or e • 06/06/95 10;03 TX/RX N0,4370 P.004 . i • A?4-05-19% 09!12 W..I HOUSTON +1 713 6W 5460 P.05 Czj-~araas, the Owner elects to make such IaWrovements hereafter set earth by contracting with _ whose business address is 2~(~U }cl~~~ta-~j tK l'!f~2"l hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognise that the city has an interest in ensuring that the Iaprovemants subject to this agreement, which will, upon completion and acceptance by the City, Ir become public property, are properly constructed in accordance with the City's specifications and that payment is made therefore MITMSSiJB'fK As to the Improvements to be dedicated to the public, as specified in exhibit As attached hereto and incorporated by reference, to be installed and constructed at the owner, Cont:reetor and city, in consideration of their mutual promises and cavenants contained herein, agree as follows: 1. Covenants of 2antractex, contractor agrees as tollows3 (a) To oonbtruet and install the Improvements in acunrdanoe with the procedures, specifications and • standards contained in Division SI and III of the 21tY'e standard for Public Warka cWAttU lon. Worth Gest3'il 'Ie1tj>•, as amended, and all sdd&ndm* thereto, and all other regulations, ordinances or specifications opplioobl4 to such Iaprovementa, such AA09 3 06/05/95 10:03 TX/RX N0.4370 P1005 a: I i • • JJ1 1 jLt-05-1995 09:12 H71 HOUSTON +1 713 699 5460 P.06 specifications, standards, regulations and ordinances being expressly incorporated herein by reference amd being made a part of the agreement as though written herein. (b) )jyWjQeity or city snaieeerr 11300aetiaea_ Taste and 2rd= That all work on the Improvements shall be performed in a good and workmanlike m uvwr and to the satisfaction of the CitY Engineer or his representative. The City Engineer shall decide all questiofs which arise as to the quality and acceptability of materials furnished, work performed, aund the Interpretation at 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 aeoftedanoe 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 to- inspection, to toot materials furnished, to satistaotorily repair, remove or replace, it so directed, rejeatOd, unauthorised or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the city ahgineer shall notify the • owner of such failure and fray suspend inspections of such work until such failure is remedied. Ir such failure is net remedied :o J the satisfaction of the City Engineer, the City shall have no ebligetion under this agreement to approve or aeoept the • Improveaents. • • PAGE 3 06/05/95 10:03 TX/RX 140.4370 P,006 i 1 d {I r ' AP-05 .1995 09.13 H21 HOUSTON +1 ?13 689 5460 P.O? I (c) jDaUX&MS. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Itsa 1.26 at Division Y of the riator Public works co=jtruation. _ Narth Central Ta u , as aasflded a the provisions of which are expressly incorporated herein by referanca; provided, however, for purpose of this provision only, "Owner,* as used therein, shall mean the City of Denton. (d) Keene and rMth2da of Cenatruetion. That the Means enc.' Methods of construction shall be such as Contractor Say choose; subject, however, to the City's right to reject any Improvements for which the weans or Method at construction does not, in the judgment of tho City Lnginaar, assure that the improvement* were construotad in accordance with City specifications. 7. Kf_t„al eavana t. et Grenaz and Centraetrr, owner and Contractor mutually agree as tollowse (a) That ii building permits are to be issued 'or the development prior to completion and accxptanos of all iarroveaants that are to be dedicated to the public, the following saaurLty requtreaems shall apply, unless the davelopwmt is a "one lot developewent,• as defined by City's Development Codei (i) a performance bond in an amount not less than the aMOant necessary to eaMplete the Ieprevements, as determined by the City Engrinser, chair be submitted guaranteeing the toll and faithful completion of the IMpxovements meeting the specifications of the City, shall be in favor of the City, and shall be aneauted by a surety CaMpany authorised to do business in the state of Texasl er, ~ t PAGE 4 06/05/95 10;03 TX/RX N0.4370 P.007 • • I JLA4-05-1995 09-,13 HZf HOUSTON +1 713 689 5460 P.09 i (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $60,000 or less, as dete:rmin0d by the City "inser, cash money in the amount necessary to complete the improvements, ■n deterained by the City engineer, may be deposited with a bang as escrow agent, pursuant to an eeerow agreemel.t ensuring completion of the xaprovements. Without axeeption, the City*s escrow agreement form shall be used. (b) pint 8and1 h2AUranee -Q piXFAat. That prior to acceptance of the Improvements: (i) a payment bond will be turnisFAed in an amount not less than one hundred percent (100%) of the approximate total cost of "a contract cost of the improvements, guarantees the full and proper prot~rtian of all claim- •s supplying labor and material for the constr% ion of the Improvements, shall be in favor of the City, and shall be executed by an approved surety coimpany authorized to do business in the state of Texan or, (ii) it the total contract amount of all Improvements is $60,000 or less, as determined by the City e d l~n "one lot ard dsvelopmsnthe contract aomoounta ar onE am- ct as defined by Cityfs 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 ovements shall be fully paid a satisfied balore semr tance of the Inprovemosnts by the city and that prior to acceptance of the 1WPrcvsasnts, the Owner and Contractor shall furnish a written affidavit, in a fora provided by the City trginear, stating that all bids, charges, aoaounts or Claims for labor performed and material furnished in • Connection with the construction of thu Improvements have been paid in full and that that! are no unreleased recorded liens tiled against the 2mprovementat or land to which they are afs:ixed, that are to be dedicated to the public. That, upon the request of the City sagineer, Owner or Contractor shall furnish a complete list of all • subcontractors who performed labor on, or supplied • • rncs s 06/05/95 50:03 TX/RX N0.4370 P1008 i • i A 1 JLN-05-1996 09 14 H21 HOUSTON +1 713 688 5450 A.09 material for, the construction of the Improveaisnte, and, when retiussted, written statement from any or each of such subcontractors or suppliers that they have bean paid in "ll. (a) (This provision (c) applies only where the Owner and Contractor are pot he same party.) That ass 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 alter final approval or acceptance of the improvements by the City. The owner shall thereafter pay the contractor the retainege, only after contractor has furnished to the. Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due foo- labor, materials, apparatus, fixtures or maohinerr furnished for and used in the performance of tae work have been paid or otherwise satisfied. (d) ZagaRbrADMI. That upon caa~lotion and approval or acceptance of the Improvements of the city, the Improvesents shall become the property Of the City free and clear of all liens, claims, charges or sncumbrances of any Kind. if, after aoosptance of this xuprovamente, any alai*, lien, charge or onaumbrance is made, or found to exist, against the Pmprovements, 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 er promptly post a bonA with the City in the amount e• such claim, a PAGE 6 06/05/95 10:03 TX/RX NQ.4370 P. 009 Opp • • JLA4-05-1995 09 14 HZI kCUSTOM +1 713 699 5460 P.10 lien, charge or enoumbranoa, in favor of the City, to ensure payment of such claim, lien, charge or •nawbra„cs. (e) 11aiDtanan" Bond. That prior to approval or acaaptancs of the Improvements by the City, to furnish a maintenance bona in form and substance aeaeptable to the City, in the amount of ten percent (lot) of the contract amMnt of the IsPxovgants, insuring the repair and replaowmnt of all defeats 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 approv surety company authorised to do business in the State of Texas. M 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 &WY Injuries or damages reaoivod as sustained by any parson, persons or property on account of the operations of the Contractor, his agents, employ"@ or ,sutcontractors; of on account or any negligent act of Sault of the Contractor, bin sgento, employees or suboontractor& in construction of the improvements; and shall pay any judgment, with costs, which way be obtained against the City growing out of such injury or • damage. (g) aff-.emsnt C-ntto111na. "Mt the Provision of this egrssmalnt shall control over &".y conflicting provision of any contract between the owner and Contractor as to the eoilstructinn of • the Improvements. • • !AO$ 7 00/05/95 10:03 TX/RX NO.4370 P.010 i 0 1 hfiF05-1995 09214 HZS HU STON +1 713 688 5460 P.11 1. OCCU +..,av1 0 ■ nevelenments. owner further agrees as follows: (a) That owner will not allow any pNrcnassrs, lessee, or other person to occupy any building within the development until all Tapravesents ore completed and accepted by the city, and that upon violation thereof will pay the city $3,040.00 as liquidated damages, but such payment shall not be does" approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was requ zed or submitted for the improvements that are to be dadicated to the public, the Owner shall not be issued a certificate of occupancy tar any building constructed or located therein until all required public impravesrants have been completed and accepted in accordance with this contract. a. lava N_ ~~c That, upon proper completion of the Taproveaents in accordance with this agreement, the City agrees to accept the Toprovesents. 5, v■~or anar,+itfe I,aw. The parties herein agree that this contract shall be enforceable in Denton county, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and Provisions of this contract shall be construed in accordance with the laws and court p decisions og the state of Texas. • 1 PAfi e 06/05/95 10;03 TX/RX N0.4370 Pa011 i i • i ' i I .~L1,F-055-1995 09i 15 NZI HOLSTON +1 713 698 5460 P.12 6. s„ L•nienae. This contraat shall be bindiM upon and inters to the bwwfit or the parties hereto, their respective suaasssors and assigns. mteouted in triplicate this, YL dsy of om m TACO CORPORATION CoxxxAc"W TURNER CONSTRUCTION CO. By: 6kv w11W. V.P./8EN MGR. eNClt~rti( DEVELOPMENT MGR. CITY or x rrm #Rvrm, cr'ry s "v J►!PIAIRa A$ TO LBQRL FOW I HERi,FRT 1,. AWTY, CITY AT-NRNEY sy1 S, n.a,yo P ~ F J/ i i, lAOt ! 08/05/95 10:03 TX/RX NO.4370 P.012 • • Jl2J 30 '95 11150 FROM TURNER CONSTRUCTION TD 918175668236 FAGE.002 ElCl11O1T 'A' . 10W" CONSMC M COMPANY NEW C0N$TM1CTM CONTRACT IND SRa No. 1 0ata:611 SW Ston NO, locKipni"wy 2WD*moft Tx Copax No. ' ttJdp TVpa'M)ON V&Aw No. 1 vw+dor N umm n. GC 1 V "ow ~ Gaa44~ioet Saa Toub Liu NO. 2.2 OFF-SITE CONSTRUCTION 208 A. C AY Straat0 } 1 SWawaikt { 2 Concha 0x0 i VAM 3 Ptvinp 6,500,00 4 Stmm HOMO p 8,2$6.00 6 Dla drsM Dis + 6 Ana S. swwan Sawa 209 1 0io lower maM 2 Saww manhol* 3 Dom out$ 210 0.00 P C. water $UP* 1 0ia water mein 2 Fke nydrarx Tod ON-Mb CUWVwvdm I V J s .y1lAtris+A~ Mai Olw i i • 1 AYa1sDK J Bond No. 8141-I9-9R { w 1 t i aa~~! No. ~ Po~mcs saw ?Pill rT>'azs OP TV" ~ JWW AU sal st To= P!=me OWM or ONIMN s Thet. 7UKNKK CUNSTRUC7'ION COMPANY OF THAS ieny-berlx~lsu.~iS)9 rx ;7Q27 _ of »yfs., OountT, Manes, beraLAafter called Principal and iedera]_lueuratue Cumpauy a C.orpWotLan ergehisei ar"r the laws of tbo ptAt4k of Indians ! and •uthOTised W so bosiaeaet in tl+• state of Tex", Boallet •&uretya, are halt and firmly boats onto the city of Dantean, Tema, a x"Acipsl c+aspoeatiam, in Denton Cea►oty, mss, beta i na rter w I l" • City" in taw penal am at THi m THousAND An lp! l oo- - 30.000. o I~114", wtbl saner at the welted ttstea, tae this parnamt or which sum Woll and truly to be 0460 we bind ourealras our belts, avacutore, adainistxators, mad suooessors, jointly anal severally. and rieraly by Haase praaantss "M Conditlen of this Obligation is eaoh thate WRZA"s, 1h e Principal "ter Lst0 a cszlain oontr•ct with owner, t, d+ted 1~1 Wy of the da wh1ob , i• Nari of in the bas &A gap" pOxfo~~a of WhIl t!►. r ya`~on, Tdxaa. ~t ta attaCbM1 and lade • boxcar, rvr the oor,atruction ore Tnvo Ae)1 @ 2114 Sadao CT Denton TX NUM, TUSPA!POaIle, it the Principal shall well, truly and reltbtully cause to be perrorwad and ft1fille4 all of the undas-takings, covanantse torws, eoetditiona and agreements or sale Contract In accordwnoa with the Plans, =~poc1ricatiarus, and Contract oocuwrente during the. original term 'ehareet wend , any extansion • thertot whinlesay be grdnted, with or without notice to the surety, ~ • • leant sea A I J J • • -law .4440 -*Vl 400, ~rarwrry, -MOSOAW a....- -*W -A.MMMr+ro. A, Aped j.I~.r~Ml. aaMr 4 ! j+f~*W -sow or 4w 40001W aw"w at sum o w"m +wjo sus ,-44 ' 4' -k + , ,,rw,~,f~,rr,. {r ,r!~+ws.:nr,y• "11m vt1w, 460 *"0 ~11 .130 Am*Z4pfftAw 1w. kt~tlA - Am 40 ' www,,*~ 4a0 dmm%wuw tic lMlCall ~►+a4~► ~i+rMwrR Mrs t~ra,-, ~tSr ^~ra - ~q r J!~►~+4h~ l1I~Mr r~,~w ~~^.,r;..v r1e~ ~,✓plyr' c%,'in; +t,ia~xA. I31,L,.Y~1r',i 'i?~R:UOQ' w sum 1 i~ J YIMi~ 'Tl14 j . WIN • j 1 i • 3 i i I I i I 1 I I 1 I~I and during the life of any quaranty ired lender the Centraot, and shall also well and trsly oatse to be rwsterm and ftltilted all the covenants, terms and conditions and agrements of W► and .:i autharised modifteations of said Contract that rW1 %eseafter b"wde, notice of which sodificatiens to the surety being hereby vealved# then this obligation shall be void; otherwise to rennin in tall force end affect, PRA Mlo, further that if arty legal eation be tiled on this bond, vane shall 1-to In Denton County. Alpo, that said Surety, for value received, hereby atir4atas and agrees that no change, extension of tise, &iteration or addition to the tares of the oantaraot, or to the wort perfersed thorwnQer, or the vlans, elteoit,ipstiene, vrawltaca, etc., accompanying the same shall in anyviso effect its 0'4111gation on this bon4, and it does busby Val" tvotiCe of any RUA% change, extension at tine, alteration or addition to tae terms of the Contract, or to the work to be pWormed thereund+r6 rtn trrrtrss• wig or, this instrumant is exaouted in tri licate, each one of which shall be seamed an ariginel, this the day FRZNCXP" TURNER CONSTRUCTION COMPANY OF TEXAS FEDERAL INSURANCE COMPANY f r t V.P./GE .MGR. "MI n Tomi J. Braun Tomi J. At'!'!sT f p0M 11QREt op 6i C rI1oA ~ a►17RllY ~ NUST 'TTACM, aATI or BOND MUST at l • • • VAG% TWO ■ r • r f POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone; (908) 903.2000 Fax No., (908) 9033858 Know slt Men by these Presents, Thal FEDERAL INSURANCE COMPANY, an Indiana Corporation. has constituted and appointed, anddonhereby constitute ondappoint Jerry P. Rose, Tomi. J. Braun and Don E. Cornell of Dallas, Texas each its true and lawful Attomey-In-Fad to execute under such designation In its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the lotlowing classes, to-wit: 1. Bonds and Undertakings (other than DWI Bonds) filed In any suit, matter or prooseding In any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of Amedoa or any agency thereof, including those required or permittod under the laws or regulations relating to Customs or Internal Revenue; L;cense and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; 1.6ase Bona, Workers' Compensation Bonds, I Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offic{e}s. 3. Bonds an behaN of contractors in connection with bids, proposals or contracts. In Witness Whereof, the sad FEDERAL INSURANCE COMPANY has, pursuant to Its By-Laws, caused these presents to be signed by its Vice Pree!dent and Assistant Secretary and its corporate seal to be hereto r 1 fixed this 6 td ! daY01 December 1994 i BY X0.4rxMW FEDERAL INSURANCE COMPANY Gerardo G. Mauriz rn AesketsM Seafetrlry Vloe Prooklowl MATE OF NEW JERSEY ve, County of Some rest I on ti 6th dgy of December 19 94 , before me pereonalfy came Kenneth C. Wendel to me known and by me known to beAsslstanl Secrmary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the Bald Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the.seal affixed to the foregoirrJ Power of Attorney is such corporate seal and was thereto affbnd by authority of the By-Laws of said dom.pp"any'and that he signed said Power of Attorney asAsalrttant Secretary of said Company by like authority; and that be is acquainted>ZfOi Gerardo G. Moudz • and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney Is in the genuine hand vriting of sold Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and In deponent's presence. Notarial Seal (D(" Acknowledged and Swom to before me on the date above written. Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US Of ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE, I UNOA SAWCHAK Fpm1YlO01N IMY4WI aENfRAI HOWY lyibi4 SINF or New 1MMY N,.. 1091752 Carnritor 1■piss July 29, 19% I i i i i i • i JJI ' i i i I 1 ! CERTIFICATION STATE OF NEW JERSEY i County of Somerset J B8' I, the underWgnsd, Assistant Sedetery of FEDERAL INSURANCE COMPANY, do hereby oertlfy that the following is a true excerpt from the By-Laws of the said Company as adopted by lte Board of Dl actors and that this By-Law Is In futi force and effect. 'ARTICLE XVIII. Section 2. AN bonds, undertakings, oonbacts and other Instniments other then as above for and on behalf of the C ompany which R Is authorized by law or ha charter to execute, may and shall be executed In the name and on behalf of the Company ester by the Chaimwn or the Vie Chaimwn or the Preaidert or a Vice Praklant jointly with tie Secretary or an Assistant Secretory, under then respective designations, except that any one or more ofNcen or attonheys4n-fad designated in any rescluton of the Board of DI motors or the Exacutlw Commiteo, or In any power of attorney exearted as provided for In Section 3 below, may execute nny such bond u ds tsiskg or other obligation as provided In such resolution or power of altomey. Section 3. AU powers of attorney for and on b" of the Company may and shelf be executed In to name and on betwlf of the , Other by the Chairman or the Vios Chslmwn or txt President or a Via President or an Aeetetart Vie Proaldert~try with to Secretary or an Assistant Secretary, under their respective designations. The signature of wch officers may be engraved, p&YW or lb"raphhed. The sfpnature of each of the following oMiosrs: Chaurrio, Vice Chair- man, Presides, any Vie President, any Aselabuht Vice Pme dent, any Secretary, any Assistant Secretory and the seal of the Company may be aMbed by fsceimib to any power of attorney or to any oerftsle relating thereto appolot1%Assistant Secretaries or Attomeye-In-Fad for purposes only of sx*aAN and attesting bonds and undertakingo and other writings obligatory In the nature thereof, and any such power of attoney or certificate bearing such faalmNe signature or facsimile E seal WWI be valid and binding upon the Company and any such power so executed and eertlfled by W& faaimMe slgna• ture arid facsimile coal shall be valid and birhrgng upon the Company with respect to any bond or undert ici g to which t,, is attached'. . I further certify that sald FEDERAL INSURANCE COMPANY Is duly lierwed to transact fidelity and surety ""buurMas In each of the States of the Unshed States of America, District of Columbia, Puerto Rio, and each of the Provkhcee of Canada with the i exception of Prince Edward Island; and Is also duly licensed to beoorne sob surety on bonds, undertakings, etc„ permitted or I required by the law. I, the urdefeiprwd Assistant Seemb" of FEDERAL INSURANCE COMPANY, do hereby certify the the forepoing Power of Attorney Is in full force and aflecl. Given etunder my hand and the seal of said Company at Warren, N,J., tins day of -4-r A&U AselsYtt a>t' • • 7-71 r. • /I~AQS.i9T Bond No. 8141-19-98 tfl0►T>1Cl' IPO. COIITPAM NO. Ipsymm am IMM rr&T2 or TXW S COOM OF DX3rK% f .k,__ TURNER CONSTRUCTION COMPANY OF TEXAS 2900 Wrslayan #500 Houston, TX 77027 of _LUris Cowstyp Texas, htlninofter call" principal and y~Federal Insurance Company _ I a Co><porat Lon orq aed andex the Iaws of the 6tat+a of Indiana and autrtived to do busirese in the State of Texas, bariTi+a-T -Wr called ■aurety" are held and firmly bowed unto the City of Dentoa, Texas, a *xn1aipal eorpoacation, in bentoa county. Texas, hexeinottes called "City , and into oil pereone, firer au4 corporations the >fay turnieh as trials for or paxforsi labor apou the buildinqe , strWt%ree or is referred to in the attached contract, in the panel smo of THIRTY THOUSAND AND NO/100---_ (S 3n,nno.oo _ ) Dollars, lawful money of the united States, to be paid in Denton. Denton Cmoty, Texas, for tbs payw*nt or which st-la well and truly to be fade ve bLad ourselves, our hairs, axeoutors, adminiatratora, and euccassors, jointly amid eeveralix. T" Condition of t1de obligation is such teats 1+R>tD z&X# the Plrinaipml artered into a certain contract vim Owners dated the L I _ day of n~ , iP w , In the propene pertereanao n~ vhich the y~6enton, Bre' ; has an • intereat, a aoby of nhich is dsreto attavhod and *&do a part hereof, for the construction at% Taco Bell @ 2124 Sadau CT Denton TX PAis own 1 A i • I - i j • y y i j i i WW' saurme it the ptrisoiyal shall wells !x%170 SPA faithrulllr cause to be r wrosrm d its eaties and make etf oauae contractor to Sak- 'lvrcmp pwast to all patrtsoats. tires. eub- ooarv ose a" cleisamm ev" r falser and rontracters, 'l material in the antiw: of the work Str I ter in said contract and " all duly authorised s~editiostloe of said Contract: that ;+r,y bcraafter be rude, notion 109 Wbialt tsedltioatioa of the surety is horaw escpresslr Waived, then this sl'illvatiow shall be voids Othamiso to ymmin in lull force end effect. Provided turtharo that it am 1e461 nation be tiled upon this fond, vague Wall lie in Denton conntyr 'mattes. AMV Ts" said surety ror value received harmer stipulates and ii 4q~sees that no change# extenola t of dimes alteratiou or addition to i the tags of the oonlractp or to tare work part- -i I thereunder, or the plater, specifications Drawings etc., macempanyinp the sane shall in anyvise atfeat 16 obligation this Send it does hereby Waive notice of any such change, extamaxan use of time alteration or addition to the terse of the Contracts or to the Weds to be patrroalmd thereunder. rM M'lmlaas Wtta mmot, this instrument is executed is tri#34cat., each orA of which shall be d,am od an original, this Me _I[ _ day of ..at / lsg• tPltElf UMP TURNER CONSTRUCTION COMPANY OF TEXAS FEDERAL iNSURANCJ COMPANY `~C, [Ctl~' ' all eye Y.P. EM. MGR. JiTTpIMtiY•lyl Art r/~""KLH Toni J. 8reue 1►3'Tt!'Tt !fortis VATS Or VAl MWt LotsD l VVT MT aS Moe To AUX o! t Q"VACl. • i r put TW A 1 i I ~II 1 i POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 16 Mountaln View Road, Warren, NJ 07059 Telephone: (WS) 903-2000 Fax No,: (9W) 903.36W Know all Men by thew Presents, Thai FEDERAL INSURANCE COMPANY, anlndiana Corpordtiu has constituted arb appointed,ar,ddoes herobyconstitute andappdnt Jerry P. Rose, Toms J. Braun andd Don E. Cornell of Dallab, Texas each ks true and lawfulAttomay-In-Fact to execute undor such designation in Ns name and to affix is corporate seal to and deliver for and on Ne behalf as surety thereon or otherwise, bonds of any of the following classes, to-wtt: 1. Bonds and Undertakings (other then Bail Bonds) Ned In any suit, matter or proceeding In any Court, or flied with any Sheriff or Magistrate, for the doing or not doing of arythktg spedW in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds . r under the laws, ordinances or regulations of any State, City, Town, Vikage, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Barba, Workers' C mpensatlon Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offiow& 3. Bonds on behalf of contractors In connection wtfh We, proposals or contracts, 1n Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to fts By. Laws, caused these presents to be signed by Its Vice President and Assistant Secretary and Its corporate seal to be hereto alflxed this 6 t h daYOf December 1994 t FEDERAL INSURANCE COMPANY BY tcer4al Il - Gerardo G. Mauriz Assistant8eeratery Vice Presweni STATE OF NEW JERSEY e8, County of Somerset on hie 6th ,&y of December 19 94 , before me personally came Kenneth C. Wendel to me known and by me known tobeAsalatant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the saki Kenneth C. Wendel being by me duly sworn, did depose and say that he.is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that thaseal affixed to hie foegdng Power of Ahomey is such corporate seal and was thereto affixed by aulhority of the By-Laws of said ~gpippeerrryty~sand that he signed said Power otAttomey as Assistant Ssastary of sad Company by Ike aulhoriy; and that he to acquatntedn l f3ererdo G, Maudz • and knouts him to be the Vice President of said Company, and that the signature of said Gerardo G, Mauriz subscribed to saki Power of Attorney Is in the genuine handwriting of said Gerardo G. Mouriz and was hereto subscribed by authority of said By- Laws and In deponent's presence. Notarial Seal Acknowledged and Swam to before me •.?y on the dare above written, rxrn,m • + ~,rs''J ~ d ~n~1 rt ~,ir rr~G~a k • • Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, Vl RIFY THI: AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE, FM 15.1"134 MW044I GV*KAI LINDA SAWCxAK Norery PWIC. Si r$ d Now dry No. 2091357 CoMlwon Expire My 29, 1iMd iI All r CERTIFICATION STATE OF NEW JERSEY i e8 County of Somerset f I, the underWW*d, AsalstaM Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the folW*iN is a hue excerpt from the By-Laws of the said Company as adopted by Its. Board of Directors and that this By-Law Is In full force and afbct. 'ARTICLE XVIII. Section 2. AN bonds, undertakinpa, contracts and other Inetrurbnts other than as above for and on behalf of the Company which ti is authorized by low or tls charter to exaouts, may and chap be exacubd In the rreme end on b*W of to Company Niter by fit Chairman or the Vie Chelmen or the President or a Vita President, Ol rtly with the Secretary or an Assistant Secretary, under their respective designed". except that any one or more officers or atrortreys•In (act deNprwMd in any resolution of the Board of Directors or the Executive Committee, or In arty power of aaomey exewted as provided for in Section 3 below, may oxcarts any such bond, unit takhV or other obligation as provided in such reedutbn or power of atiney. Section 3, AM powers of attorney for and on :,shelf of the Caxnparry may and Shall be execuiad In the name and on behalf of tie , either by the Chalrman or the Vim Chaimw or the President or a Vim Presidentt or an Astktent Vie PreskNnt~rdy wkh the Secretary or an Assistant Secretary, under ftk respective dsaipnetlona. The alpnature of such officers may be engraved, pri,rted or lithographed. The sgnature of each of the followltp ollrxrs: Cletrman, Vie Chair• man, PrwkbM, any Vie Praident, any Assistant President, any Secretary, any Assistant Secretary end the seal of { the Company may be affixed by feceimNe to any power of edomey or to any oervicete reiatlnp thereto appointing Assistant Sedetades or Attomrys-IrWad for purposes ony of executing and of sting bonds and undertakings and other wftVs obligatory in the nature t mvl, and any such power of attorney or cerMlceta beaft such facelmle signature or facsimile seal shall be valid and binding upon the Company cud any such power so executed and certified by such fapfmile slgna- l ure and facsimile seal shall br. valb and W drg upon the Company with ,sagest to any bond or rmdsrtakkg to which It It attached ' t further certify that Bald FEDERAL RSURANCE COMPANY Is duty larew to transact ff and suety WA ;6 in each of the States of the United States of America, Distdd of Columbia, Porno Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duty licensed to become sob surety on bonds, undertakings, etc„ perm k or required by the law I, the underoigred AsslataM Secretary of FEDERAL INSURANCE COMPANY, do hereby cetby tint the toownl; Power of Atlorrey Is lo full Woo and affect Ginn under my hand and the sal of sold Company at Warren, N.J., tlrb day of y~ Arc s~ ~ AaWMnt ~ a i 1 i i ..,.._..-a ear. • • ~►~►ol'ar Bond Na. 8141-19-98 ra"XCT go. COWMCT )1'a. COkTRACMIS w►1STXXAX4Cs DOl1D i (0lvtbopddm TIM sT&TR Of TIM" f mWW UZ W= 1Y TSE9E pilliMSt COWf'1'1f or DRH%VW I That_ TURNER CONSTRUCTION COMPANY OF TEAS 2900 Weslayan 0500 Houston, TX 77027 of Harris counvy, Taxes, hereinafter Balled Mrinalpal and FEDERAL INSURANCE COMPANY _ o e Mto of Indiana a Corporation Orv ! wdK the levs ar►d autAaxiasd ko do business In the skate of %*&so hna i called -Surety, are hold and tirxaly bound unto the City of Poston, Ii Texas, a Minfoipal corporation, in Denton eountyo'texas, hsz Inattor Called *CityR In the po►sal sus of , THREE THOUSAND AND NOjIO0---------- _ _ _ [ 1 3.000.00 1 Do are, lavtr+l worry of ths_ V~IeO States, tt~e R+nia sua~ beinn~g tan peroent (lot) or the total ♦AOU"t at the herelraftex nentloned oontraot, for tAs paysent of Ytx1Cb suw well and truly to be made we bind purr elver, our heirs, axetuters, odeinietze"rs, and successors, jointly and severally. Us Condition of this obligation Is such that. WtXRX&S, the trinolpal ent. into a Certain traot with owner, dates the l - day of , ds . in the yropsr per forma ace o v4icb tho y of er`eon, Taws, Las an 33,tarmat., a Copy of vhich is hereto attacked acrd %wde a part how"r, for the ovnstruation at: hri I (a 21 9.4--gadau QT Penton-I&.- • _ - - - • s VAda 07th i f I I i i • I 1 i • I i 1 "Wo TIMXP lt, It Us PrisciPai shall welts tsarf and faithfully saiatwifa wad keep In good repair t%o Wes eeant>rastad to b• dO1N ate! ~rtas~ei toc a psried of one (i) ye+K tfraa t!a datw et soeeptafnoe fa Writing by tM tity Of Daulaa ind ao 411 ail ari')sti~xasndfrom repsir of aiW m~o work iwat Um itsa1v0 8 but met limited too suy a!ttlinlawk4n4, osaetaisg or otbwr detective condition of shy of the work at part thox"t arislq ttestc lap:oPar eo"vation, beckf Ming, cospsot afg Or any othar Cause at tietn, known or unknowso at any tiro during the period at this bmd whios the city ofnginaar, vbose iuds~at shall be timal and amalusiveo detarsiaes to be the roaul of detective work, materials or labor; !bath this obligation shall be void, otheawies to xa}aitn in full texas and affect. rn ogee the said Principal sell tail to smistsino repair or reconstruct any detective ow4itia+ of t.,. i weds as determiead berein, it is agreod that the City may do Baia work and supply such materials as necessary and charge the sus against the said Prisaipal and surety on this obligation. XL is tustber agreed tbet We oblxaatI4I0 Shall be oantlattad 4mo against the fri+ne cad Parety aM that safrowsaLve raoevaties say be had hereon for sueosssive broaobee of the conditions beriin provided until the full amount of that bond shall Law bsaa sxaaustmdo and it is further wndsrstoad that the obligation to maintaim said work .ball osattwne tbxoupAut said. rainte m" wexfnifer o affected the sajaa lx~ *Ay s "usnot be e during said • tLy iairlfwd, or in stay pr4VlDrm, further, that it any legal action be tiled on this bafdo venue shall Ila LA Denton County. IM trrrmcaa WWt*W, this IMtr6s0nt is otteouted in tri fleet., each of wbich cbail be chased an original, this the day of uwrg , 1! T . WRTVCIPAL s17DlJr1't TURNER CONSijALMQg QQaArv Z UXAS gcntteNrrt COMPANY ' 1xl ' { Y.P./GEM.M6R. Tomi J. Braun • lflfnld '!IM • A I~ 3 • llcri R ~ l'OIfRR Of A9'PC11l " or R'ORM $11iiT RR A"ACS=. DATR 0w son No 11" is "MOM Tp van or Cvf1T"M ~rras~re a r • a PAOX 'lf1YES f~ r E IIIIN-A Mug A%& • • I POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 803.2000 Fax No.: (908) 903.3858 Know all Man by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted 1 appointed, and does hereby constitute and appoint Jerry P. Rose, Tom J. Braun andd Don E. Corne 1 of Dallas, Texas each its in* and iawfulAttomeyln•Fact to execute under such designation in Its name and to affix its corporate teal to end defive r for and on its behalf ae surety thereon or otherwise, bonds of arty of the following classes, to-wit: 1. Bonds and Undertakings (other than Ball Bonds) filed in any suit, matter or proceeding In any Court, or fiktl with any Sheriff or Magistrate, for the doing or not doing of anything specified In such Bond or Undertaking. 2. Surety bonds to ft United States of America or any agency thereof, Including those required or permitted under the laws or regulations relating to Customs or Internal Rove"; Uoenrs and Pernik Bonds or other Indemnity bonds under the laws, ordinances or reputations of any State, Cty, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on bebat of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3 In Witness . Bonds on behaH of contractors in oonnection with bids, proposals or contracts. Em~d j be signed by Its bye President and Assistant Secretsc INarid SURANCE its OM corporate seal to be beret affixed this po c these presents to dayof December 1994 aC..endel FEDERALiNSURANCECOMPANY BY L "4. Gerardo 0. Mauriz AaMtant liseratary vice Pr"Went STATE OF NEW JERSEY J County of Somerset J On this 6th day of December 19 94 , before ma personalty came Kenneth C. Wendel to rrw known and by me known to beAsslstani Secretary of FEDERAL INSURANCE COMPANY, the corporation described lnend Whlch executed the foregoing Power of Attorney, and the said Kennet) C. Wendel being by me duly sworn, did depose and may that he is AssWmt Secretary of FEDERAL INSURANCE COMPANY and knows the corporate a" thereof; that the.sesl affixed to As foregoing Power of Atomey Is such corporate east and was thereto affixed by autwdty of the By-Laws of sald ~orRpaanyy,Wid that he signed said Powe r of Attorney as Assistant Secretary of said Company by Ilk* autlodly; and that he is ecquelMad ~dti -Gerardo 0. Mauriz • and knows him to be the Vice President of said Company, and that the signature of said Gerardo G, Maud- subscribed to said Power of Attorney Is In the genuine handwriting of said Gerardo 0. Maudz and was thereto subscribed by sutlrority of said By. Laws and In deponent's presence. Notarial Seal hw Adrnowiedged and Sworn to before me on the date above written. / Notary PLiblic IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BONO OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE, A"15.104134(Mv")ft SnAL LWDA SAWLNAK Nowy WC. NNo co AYw iwny , No. 2091352 Cownldon Eap1w July 29, f19A i f • i i i i i I i ' I CERTIFICATION STATE OF NEW J.?RSEY County of Somerset f I, the undsislWod, Aselstant Secretary of FEDERAL RAURANCE COMPANY, do hereby off" that the Wowhp is a true excerpt from the By-Laws of the Bald Company as adopted by b Board of Directors end that this By-Law Is In full force and effect, 'ARTICLE XVIII. Becton 2. All bonds, and ulakkgs, contracts and other katurrwb otter then as above for and on behalf of the Company which lf Is authorized by law or Its darter b execute, may and shall be executed In the name and on belat of the Company either by the Chairman or to Vie Chhalm an or the President or a Vies Proaldent, X%!" with the Secretary or an Assi ant Secretary, under their respective dasoustiora, except that any one or more offlan or albmeysan }act dit*w d In any resolution of to Board of erectors or to Executive Cornmkfee, or In any power of thorncy executed as provided for In Rectiohh 3 below, may execute any such bond, undertaldrg or other obYgston as provided In such resolution or power of attorney. Section 3. All powers of attomey for and on b shall of the Company may and O Wf be executed M the name and on behalf of the Company, elfher by the Chairman or the Vie Chalman or the President or a Vie Pmeldem or an Assistant Vice PheeideK jointly with the Secretary or an Assistant Secretary, under their respective designators. The signature of such offfoere may be engraved, printed or IithoWsphed. The signature of each of the following of om: Clhsirrran, Vie Chair- man, President, any Vice President, any Amt Vice Presbent, any Secretary, any Assistant Secretary and the seal of the Company may be afffxed by facsimite to arty power of attarey or to arty ovilkale reabkg thereto appointrg AeeiWmt Secretaries or Ariorreye-in-Fact for purposes only of executing and attesting bonds and undertakings and other wmnp odgatory In the nature ther", and any, such power of attorney or oertlficate bearing such facsirnee signature or asel shed be valid and bkhding upon the Company and any such power so executed and cePoNed by such fac*nWfecsirnile & atgna- lure and facsimile seal ahall be valid and binding upon the Company whh respect to any bond or u dertafdrg to which it Is atac ad.' I further car* that a" FEDERAL INSURANCE COMPANY Is duly licensed to brand Ildewy and surety bus~rrles in each of to Seas of to United Sage of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the excepbw of Prince Edward tsard; and Is also duly licensed to became axle surety on bonds, underafdnga, :etc., penid or required by the law, I, the und&*Ww d Assistant Seaway of FEDERAL. NSURANCE COMPANY, w hereby cw* that fhe,fofagoutg Power of Attorney Is In full force and effect. Given wider my hard and the seal of said Company at Warren, N.J., the day of ~c AeeMerht A ~ l i i I I i i i i IMPORTANT NOTICE ~ TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, J COVERAGES, RIGHTS OR COMPLAINTS AT: I 1-800-252.3439 I YOU MAY WRITE THE TEXAS IMPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPM Y FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OFINSURANCE r ! ATTACH THIS NOTICE TO YOUR POLICY: { THIS N07'''E 15 FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT, • °aao Wnf S r,uS CERIIF'r,nTE'S iSGUEU AS4.UT(ER OFifIFCRMNON AMONLY AND END EXXTLTENND F OPF.RSN.AL7EP TErHSE.;OUPOVEPAGPAGFAFFOHTIFBA T GLDFP 'r 'E7 'Fi1Ii FICntF 5 NOT nN NSU:+aNCF POLICY ANO ES NOT AMEND nFFUROEDBy THE POLC E5:iS dEl LO LV This is to Ccrticy that TURNER CONSTRUCTION COMPANY Name and L~/j'rBP{~J + VER1ITY THE TURNER CORPORATION address of 375 HUDSON STREET Insured Lrj.F. NEW YORK, NY 10014 ,s, at the issue date of Ihl? cervi cats, insured by the Company under the poi cylies) listed below. The insurance ails rdsd by the listed pc icyfies) is subject to all their terms, exclusions and oonditions and is Tot altered by Bny requirement, term or condition of an conlract or other documant w+Ih re ec11o which this certificate may be issued. I TYPE OF POLICY Q I ONTINUOUS POLICY NUMBER LIMIT OF LIABILITY I 1°1 EXTENDED Q POLICY TERM Caenp~~ a«aaUmf+ E PLOYHRS.ABILITY Lew of it Fo"no Slalom. od-ly Iryury By Accident Ef,;n 1/1196 WC2d21-0d1172•N9 CALIFORNIA 12.000,000 Aco d-WC1•e21-0OM921-019 ALL STATES EXCEPT iy Injury By isease WORKEH5 COMPENSATION 12,000,000 ? MAINE, RHUOE ISLAND cdily Iryury By Disease Exn AND STATE FUND STATES 12000000 P~~an GENERAL LIABILITY 1101.621-001221-02e SCHEME LIMITS OF LIABILITY 1lt196 CLAIMS MADE COvERA0E+NCCLU0ESPREM'1E3 MMNEDLIMi CH OCCURRENCE $2.000.000 O PEPAfOro 'I"PENDENI C ONTRAC TORa 1 PROTECTIVE). R I BLANK ET CONTRACTUAL, N LI $2,000.000 COAWLETEDOPfRAT10N ,BROAD FORM PROPERTY DAMAGE PERK OVAL INJURY AND XCU PROPERTY AMAG Alf A $2,000.000 HAZARDS. ❑ OCCURRENCE 81, f: Each Single, AUTOMOBILE 1 1 $2,000,000 B 0 1. and P. D. Accident •Comdr nmb Gma - TALI OTHER STATEfi! . I. ed LIABILITY A$2 42 1-001266•396 (CA NY) Each Person ❑ OWNED 1!1796 A824121.001256466(VA} X NON-OWNED AS2421401011.166 (TX) Each Accident ar Occurrence A61•B21-0M269J03 iPRt _ X HIREO AS2•e21-00)12"$ Each Accid.nt w Oecurre Tice &W4 N1 01469aA9 MA OTHER: UMBRELLA EXCESS )11196 RT14214041724" 19,000.000 C~INEDSINGLN LIMIT LIABILITY ADDITIONAL COMMENTS TACO SELL - DENTON TX JOB #570894 • 2124 SADAU CT DENTON, TX _ IF THE CERTIFICATE EXPIRATION DATE IS CONTINUOU6 UR EXTENDED TERM, YOU Wa.l BE NOTIFIED IF COYERAGE L4 TERMINATED OR PEDU~.EO DEFORE THE CEIITIFICATE EXPIRATION DATE, HOWf.VER, YOU WILLAIOT BEAIOTIFIED ANNUALLYOF Tl,ti CONTINUATION OF COVERAGE SPECIAL NOTICE-OHIO: ANY PERSON WHO. WITH INTENT TO OEFRAUD OR KNOWING THAT HE 19 rACILITATING A FRAUD AGAINST AN INSURER. SUBMITSAN APPUCATIONSORFILESLCLAUACONTAINMWAFAISE OR DECEPTIVE STATEMENT ISGUILTYOFINSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS 19 ADDITIONAL INSURED: Uharly Mutual FIF DATE THE • CANCEL 08 FAEOCE SHE NSURANCEA FORDED UNDER THE AA90VEMP(XICIES~U INTITIL CITY OF C+ENTON Insurance Group UNTILATLEAST Q DA)'SNOIICEOf SUCH CANCELLATION NAS 6EENMAILEO TO. TACO BELL CORPORATION • CERTIFKOATQ TACO BELL CORPORATION ( N I HOLDER 2730 VALLEY VIEW LANE 06/0 IRVING, TX 75062 NYO OATE-IM-UED hI! cMlkarA n erncutad D'/ U %M 'UAL INSURANCE OR a n6paas Y h W" r L • • i I ooo~ppG oq'C40~'~p~OOOI~ C r O b }r 0 OOOO~~ODQ N OQOOOO~O QOU6~ i ~j 7 • 1 ,t }My!-. r I~ ~ { I ) j' Z'}7 't'lS~lyl n.ML l j AAACOD47 I k t PROJECT NO. CONTRACT NO. ^ JV J THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S C Whereas;\1~~ri .ice. referred to as "Owner," whose business address is hereafter 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 Mist 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, drainago facilities and other improvements which are to be dedicated to the rublic, hereafter referred to as "Improvtements," 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 r which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or • • t t I Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with n ~ kgvFN M0.6h.+ Q*.4-r 1^'~ whose business address is 1 b4 -y..~~no LJ ar.,_ - hereafter referred to as "Contractor"; and Whereas, Owner and contractor recognize that the City has an i 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 Cii-fe 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 bo installed and constructed at ~2Lo ~w!w`Sw the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. govenants of Con;.xgctor. Contractor agrees as follows: (a) Specification@. To constritot and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the CityLs StandIrd • specifications for 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 • j • a i I ' specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. i (b) &uthority of City Engineer: Inspections. Tests and orders, That all work on the Improvements shall be performed in a i 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 , IIJ the satisfaction of the City Engineer, the City shall have no • • obligation under this agreement to approve or accept the improvements. PAGE 3 i • • i (c) Insurance. To provide for insurance in accordance with i the insurance requirements applicable to contractors as provided I for in Item 1.26 of Division I of the Standard Soecificatio~ for Public Works Constrgction. Nortb Cgntral 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 Methodl of Qonstruction. 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 Aureemmenc. 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 Improvementa, 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 this City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PACE 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 i City Engineer, cash money in the amount necessary E 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 1 exception, the'Citylg 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 or+ hundred percent (1001) of the approximate to:rl cost of the contract cost of the Improvements, que,ar;teuing 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 Coda, 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 tn 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 ^ity Engineer, owner I or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 Ion • ' I I material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage, Final Pavmenta. (This provision (c) applies only where the owner and Contractor are not he sagas party.) That as security for the faithful completion of the Improvements, t Contractor and owner agree that the owner shall retain tan percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements 'ay the City. The owner i 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) Encumbrances. 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, i PAGE 6 • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Mainttngnce Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptably to the City, in tha 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 t executed by an approved surety company authorized -to do business in i 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 E damage. t • (q) AWsement 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 -t • 3. Q,=unancv: One Lot Developments. Owner further agrees as I follows. (a) That owner will not allow any purchasers, lesspe; or other person to occupy any building within the development until ` all Improvements are completed and 'accepted by the City, and that I upon violation thereof will pay the City $3,000.00 as liquidated IIII~ damages, but such payment shall not be deemed approval of such occupancy and the City mayr take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's 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. yenue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal 0 action is necessary in connection therewith, exclusive venue shall r lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court I decisions of the State of Texas. PAGE 8 • • 6. successor and assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 26 day of OWNER CONTRACTOR ( 1 /1 jj~~(~ tll~ ll' 1 ~'•1 1 i 1}IW .v J P~ BY: BY: `'M~e,o■,~ AR.NNN KN~.. CIZOFD , TEXA a ER ATT EST: iF F R ALTERS, CITY SECRETARY fAPP~ROVED AS fO Y, CITY LEGA~TFORMY BY: • j r t f r PAGE 9 i ' i i i 1233L M- I PROJECT NO. q l2 CONTkACT NO. THE STATE OF TEXAS S ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 9 OF PERFORMANCE BOND (Development Contract-Improvements of $500000 or Less) WHEREAS, hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton,, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage faciltties or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with j the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said • property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order Co receive such building permits Owner laay, where the cost to complete the Improvements is $50,000 or i less, in lieu of posting a performance bond, escrow cash money r with a bank as escrow agent in an amount not less than the I amount necessary to insure completion of said Improvements; ~ j i~ I i NOW, rNEREFORE, 01di'IER, City and 1sT ~S _T:Z hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receivtng,building per- mits for property located at i "),1C V~•ti1.S Kow shall deposit the sum of ~h..,w,o C3 i' k}u.+oa"o ~ ($_Zilb o.6y in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to inaure completion of all improvements wnich are to be dedicated co the public; said Improvements being more particularly des,-ribed in that certain development contract dated the 2. day of T~ , 19CV~' between tiie City, Owner and Owner's Co.itractor, to which reference is made herein. .2. Notice of Deposit. No building permits shall be issued by City for the property herein describe1 until Escrow Agent notifies CLcy, in writing, that cash money, in the amount ` specified herein, has been deposited in an escrow account with • Fscrow Agent 3. Release of Funds, Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, ;.o release such funds as provided for f • Herein as follows: l • (a) the City dngineer shall authorize the release all the escrowed funds when all Improvements are i -PAGR 2 -47-73 s s completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on ail parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the releaso of specified sums of the escrowed funds to the Owner if, and as,, the Improvements are completed a,id approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of. the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. J. Notices. Any notice to be sent, or required to be sent or biven under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 Gam: MIAMI- &-Yin WJ~ ~ Ow. R T•y~ {'~Svti 4 S 1 ~rA C..,hb.ur.r\ L~,~.ac I -)a 4 6~~,. ,aag ~_g•~ 1 K 7t z.a i Oc ; d. ~r ~o. a ~ ESCROW AGENT: 4. Fees.' Owner agrees to pay any and all fees or costs O charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for ^he aafekeeping and delivery j of the amounts deposited in the Escrow Account in accordance wi--h this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in r PAGE 3 -7777 JJJ 1 1 ` connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or .+tllful misconduct. If aAy question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow, Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent Juris- diction, an prder binding all parties interested in the matter. • 6. Successors and Assigna. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action • is necessary in connection with this agreement, exclusive venue i shell lie in Denton County, Texas, j i PAGE 4 r • J IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of ! ~ 190 . CITY OF DENTON OWNER /Ju BY: BY: - ESCROW AGENT - First State Bank of Texas ;f r r BY:~ j • J f PAGE S . l yr.,.!~' ~ ,t.G~'2~'•ss..,.CF~E~~ti ;,blip rS ~irS *a~ ~tiix7r'1'^~~ti'~'~. r i i • 1 3 i PROJECT NO. 12 CONTRACT NO. DEVEL0PER08 ESCROW AGREEMENT IN LIEU OF MAINTENANCE BOND (Development Contract-Improvements of $50,000 or Loan) i ,Recitals 5j7is C~ A ("Owner") is developing property within the jurisdiction of the City of Denton, Texas ("Clty"), and has executed 4 Development Contract to insure that all streets, water and sewer lines, drainage facilities or other improvements to be conveyed to the public, ("Improvements") are properly constructed, completed, and maintained, all as required by the ordinances of City. The cost to complete the Improvements is less than $50,000.00. In order to provide for the maintenance and repair of the Improvements for a period of one year from the date of acceptan a by Cit Owner has elected to escrow cash money with 1;` Srwc : T. jv" , a local bank, as escrow agent ("Escrow Agent"). Agresaent in consideration of the above recitals and mutual promises of each, City, owner, and Escrow Agent agree as follows: 1. Amount. Owner, as a condition to the acceptance by the City of the Improvements described in the Development Contract dated ,5'v w 19-5L, to w)ac this A9 re ment is attached, shalt 'Tvo T.v.+nro dry' " 04AW'o .-.AA1 2. 1 00. o o in cash money, with Escrow Agent, to ir:,ure that the mprovements are properly maintained and repaired for a period of one year from "heldate of acceptance. • 2. Notice of Deposit. When the improvements have been properly completed, the City shall accept the improvements when Escrow Agent notifies the City in writing that the required cash money has been deposited in an escrow account with the Escrow Agent. 3. Notice of Defects. Should the City Engineer determine that , • repairs to the Improvements are necessary within one year of acceptance, he shall notify the owner in writing, specifying the • repairs to be made and the date they must be completed. Should the owner fail to perform the repairs in accordance with the notice i PAGE 1 • I • • i 11ji I l ever;, tr,e Escrow Agent s3en].: , upor, notification by the i t.r,g),neFr i-r; wri-.ina a,' the !>wner's del-.ult, pay tc the City fray *r,ti Escrow n.oount the sus of none), necessary t,- Take the repairs, ot. t.t~ci!a.ed in tt,e noti.ce of default. - 4. Iwelease of Funds to owner. The Escrow Agent shn:8 not rF, ease any escrow funds unti: ant) unless the Escrow Agent has baton r,ot 1 f &1 in wri t i.ng by the City Engineer t : re] ease tbz funds to the Ownrer. Upon the request of the owner , .ity Eng,e.s shay. q ve tte notice to the Escrow Agent if there -rr nc repairs to be mtsdE in the Improvements within one yeas of acceptance, or if rtipoirs sre necessary, they have been performed by Dwner to the ta;.sFa, ion of the City Engineer. b. Notices. Ar,y notice to be sent, or retTiired to be sent or ,3iver, under this agreement shall be sent to the address of the parries, as Follows: t tS L CITY: city Engineer N L~.Nr 275 East McKinney Denton, Texas 76201 f,., swv . n 4raiMlftJt: MA" A I Y)g,,-re«- I7n4 ~~r+aa~ L~ Q[-w~T _Kl«~ rL i e6!RaW AcENT : Sr,~ f Bt ►x f 2A 1 6. Tees. Cr»ner agrees to pay any and all fees or costs charged r.y the Escrow Agent in connection with this Agreement. 7, lion-liability of Escrow Agent. The Escrow Agent shall have ew responsibility except for the safekeeping and delivery of the amounts d"posited in the escrow account in accordance with this P.greesent. The Escrow Agent shall not be liable for any act done ()r nsitted to be done under this Agreement or in connection with the amounts depositcd in the escrow account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto oe any other party with respect to the funds • eleposited in the escrow account, the proper interpretatlon of this Agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this Agreement, the Escrow Agent shall not be r4equirsd to act and shall not be hold liable for refusal to act nntJI the question or dispute is settled, and the Escrow Agent has 1h(, absolute right at its discretion to do either or both of the f ~lIowing t • # • • (a) withhold or stop all further performance under this Agreement until the Escrow Agent is satisfied, by receipt of a 1! " PAGE 2 J I i I given, the Escrow Agent shall, upon notification by the City j Engineer in writing of the owner's default, pay to the city from the escrow account the sum of money necessary to make the repairs, I as specified in the notice of default. 4. Release of Funds to Owner. The Escrow Agent shall not release any escrow funds until and unless the Escrow Agent has been notified in writing by the City Engineer to release the funds to the Owner. Upon the request of the-Owner the City Engineer shall give the notice,to the Escrow Agent if there are no reprlire to be made in the Improvements within one year of acceptance, or if repairs are necessary, they have been performed by owner to the satisfaction of the city Engineer. 5. Notioes. Any notice to be sent, or required to be'sent or given under this agreement shall be sent to the address of' the parties, as follows: CITY: City Engineer 215' East McKinney 1411 N ~~~~r Denton, Texas 76241 lei ' 1411 skVISR: ESCROW AGENT: I~TJilr a K_-•e 1 ~~7pi 6. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 7. Non-liability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the escrow account in accordance with this Agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this Agreement or in connection with the amounts deposited in the escrow account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arisso among any one or more of the parties hereto or' any other party with respect to the funds deposited in the escrow account, the proper interpretation of this Agreement, the duties of the Escrow Agent hereunder or the rights of the parties tv this Agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act 40 until the question or dispute is &ettled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold or stop all further performance under this Agreement until the Escrow Agent is satisfied, by receipt of a f PAGE 2 I I i written document in fora and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto .(who may include the subscribers), that the question, dispute, or disagreement has been resolvedl or n (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent jurisdiction, an order binding all parties interested in the matter, the court costs to be paid by Owner. 7. Agreement Not Release of Claims. The purpose of this Agreement is to provide funds for the repair of defects in the Improvements within one year of acceptance by the City if the owner should fail, to make the repairs. This Agreement is not intended and shall not be construed as a limitation on the liability of Owner, his cr.ntractors, subcontractors, agents, or employees, for any defects in the Improvements subject to this Agreement, the cost of which are greater than the amount provided for in this Agreement. 8. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the parties hereto. 9, venue. The parties hereto agree that if any legal action is necessary in connection with: this Agreement, exclusive venue shall lie in Denton County, Texas. IN WITNESS WHEREOF, the city, owner, and Escrow Agent onve signed this instrument this 4 day of =Tw1 199ti CITY OF DENTON O*'ER • BY.~ BY: ESCROW AGENT- First State Bank of Texas i • ~ ~ BYr • • esrowagr - PAGE 9 . ~1' - •r 4,r Mt~,:.cg pi' 1rrr:71 rd v ~ y v, I AAA019DF Project No. Contract No. OWNERAS AND CONTRACTOR'S AFFIDAVIT OF PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS [This form may be used in lieu of a payment bond•on contracts of $50,000 or less as provided for in Chapt. 11, art. 3.07 (A)(4)(g) Ii of Appendix A of the Code of Ordinances.) That, pursuant to the provisions of that certain Development Contract entered into on the 14 day of v 19 °L~ between Z!,s$E I&%1 6 W/J^ ~ designated therein an referred to herein as "owners M~nv,, Mcaw,.4.a I»k , designated therein and referred to herein as "COntrector , a. e City of Penton, Texas; owner and Contractor hereby Iii it this affidavit, and state, under oath, the followings 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. CONTRA e Cam. / ' V SUBSCRIBED AND SWARM TO BEFORE ME this day of U~•-.F_ 19 ~ k Y _sJ~ by SuLIL ANO oSli E. L,ANA , as owner. Nr ~ PAUL H. WILLIAMSUN NOTARY PUBLIC, STATE OF TEXAS MCARY PUBLIC, SATE OF 11i r iC:mmissionExpiresloo?219% SUBSCRIBED AND SWORN TO BEFORE ME this Z,6z:tt day of SaN E i9ys_, by N1kii t4jgA i as Contractor. OTARY PUBLIC, STATE OF TEXAS ~ DAUL H, WILUAMSON NOsNn PUBLIC, SALE OI' if1U5 - My Cemmisslon DO" 1a n. 77,1999 S { 3 1 Marvin Morgan Construction, Inc. 1704 Dynhurst Denton, TX 76205 REF, SIDEWALK FOR 1220 KINGS ROW TO WHO IT MAY CONCERN R A C CONST. INC. WILL BE THE SUB-CONTRACTOR FOR THE SIDEWALK AT THE ABOVE ADDRES MARVIN MOROAN r j . 1 I Phone/Fax 817-382-0682 t r w... +.t .t tj~ihY~a`T ,~'e s;c,~lr}i7i nyf ~'15i 1~rJ Z7`•t~. i 0 r Jr.11I U1 Avr uA ItiIV~vY•Ci IYLI , 1' j'aJ IIV LJn~ri [rJOLVOJ1 Oil J4[ 0714rw j~ ~\~~I~~IIA y:.j'~ u' Ilruf DAfi lIf.VW/YYI Wllib Cerroom corporation of Tamil 12175 THIS CERTIFICATE 10 I63UBD A A MATTER OF INFORMATION ONLY AND CONFERS NO AIOHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE 6420 L9J Frnwfy DOES NOT AMEND, EXTEND OR At TER THE COVERAGE AFFORDED BY THE Sulte 1400 POLICIES BELOW, Llnooln Centre EI COMPANIES AFFORDING COVERAGE Dilba TX 76240-2962 12141 996-0900 LLC n'PM•+• A Tla InluT/nee Company of Taxes Conti : Joyoe Royri _ M6Pp 8 Royal Indemnity Company 71Captstruction, fill C 201 " lp W D 1 11 E THIe It TO CERTIFY THAT THE POLICUS OF Nf/UIIANCR LUTID BELOW NAY[ BEEN IStUED TO TFI[ INSVRED NAM/D ABOVE FOR TrIR POLICY P[M00 INDICA T EO, N 0 TW ITHS TANDINO ANV RlOU[I EM[N T, T ER M OR C ONDIiION OF ANY CONTA A C 7 OA OT NER D 0 C OMEN T W f iH A E/PSC T TQ W MCH TMS CERTIFICATE MAY at All1ED OR MAY PERTAIN, THE INSURANCE AFFORDED tY THB POLICi[/ O:H,)RIBtD HERENJ I! aUSJFC7 TO ALL THE TLAMt, EXCLV410NB AND CONDITION! OF SUCH P LICrt6, LIMITI SHOWN MAVIMAVE /BIN REDUCED BY PAID CLAIMS, CO Too OAWim4N0e POLgT NUM1lA reL LY OAh Y(LWpp/Y1„ rDITIrIfIAfA/00/YYJ IIMRa DINIAAL L1AtA,Rr ! olNtru AccAnttF 1 ~ p001000 X roAAwAax OF NIAII a/ut°r rR ra•tOMpOr n0. IF 2 OOD 00, ~r~.e, CIAIMI M+O! OCCUR. PfAll A ADY. INAM 1 1 000 Q Q A tMrtR11 A CONTRACTOR'S FOOT. TC14299142 01-9EP-1994 1-SEP-1806 UtN ottuMtNCt a 100 000 rmI oxIAaCI IAAY M/ Irr.I 1 60,000 M D. AUTOMO f A.t LIU LRY Kpill AA "1 0140 1 COMIIAIO 31411 X ANr Al LIMIT 1 1,000,000 All O%AV Al IN1uAi ' ICHFDLIID AUf01 I 1ODIrlr wN 1 A k nRFO ALTO BA1S10B20T O1-SEP-1004 O1-8EP-1006 110011.7 INAIAV If X NON•OM1fD AUtOt ON 140111,11) OAII lG11I Utt - - Ii Dill ! AN OCCAINCE 1 2 000 *1oAi(i1l,IA PLAY 0 X uAeAaw RMN200129 01-SIP-1104 01-SEF-4086 A10aDArt 1 2000OJO _yl,rntR THAN UA141~LA FDA OAZaAf toGrtllrAnaN arAr rDAr uMnf A AND WCE0u9192 01-SIP-1094 01-SEP-1906 uty-ALUNNr 1 f'00000 tMrLOraAruRa4m Iluu•ro1l uwt 1 iQ0.000 OMIA ! A A N IMr101F 1 • ' OOM:A rTNDN OR OPaAAfN)NIR.OOATIONtMNIDLfNAlCGL RfMI THIS CERTIFICATE MAY AE RELIED UPON ONLY IF THE DESCRIPTION OF OPERATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACH^9 1iERE'Yn. a 11 _ ,Y ._..A. ,.4•, , . a„'.,. ~.:Af` r tb . ^rri~ '.4 ~1i"to~wM.~E •,.c"",7'""'K""'" , « tCC7'1 r.1,rM01 0 ~•,y41: f1: wF Nrtr, n..• n„ , SHOULD ANY OF THE Ati01'p Di$Cdl[EO POL'n.I[! RE LalACl4L EO S'iFOAI THE ~.~RXPIRATION DAII ?HERO}R, THE IS/V"YO COAPOANS wA,L lNDF,vA TO MAIL 30 DAYS WRITTEN VOIICE TO TILE C6RT7nCATE Ifol I4ji TI it Marvin Morgan Comtlr Notlem 7 LEFT, SUT FAILURE TO MAIL SUCH NOTICE !HALL IMPOSE NO OBLIGATION OR 2211 YJ, 0111 LIABILITY OP ANYJArN 'YPON T OMPANV, III A01NTS ORR[PI11/[NTATWIS. Denton TX mom D I A hj y ~ ~ VVI . ~~~II}If~}AT4~ifl•kTYiVdifYlftf1A11'!. 7 I. i s i ..r'I .::.rtl Afei n.f! Ervv.rYrr ~nfr\t to Kl4irvr4p✓ Va\.r uau .n.ro - \ 1 JI'r\VI VA VIVY.Y• Vii I V •Y liY'~'rfl,ri I ~r~VVVVVVi Yrl .rV{ V~'~1A I` li naVa sore lla4[Ot rr1 COIIROaN . ".IIrIMw Yy,.., . ~~i1r>1~1~1RTy~fC!q~gt Tfp~M5- UpLt~- 995 ~ WILL Wlllir"Corroon Corporetlon of Ta>tae 12173 CONFERITNO AIOHTfIUPON TMH CLIMtTtFRA"TE HOLDERMTHIY CfRTIFICvi! 4420 LEJ Freeway DOE$ NOT AMLNO, EXTEND OR ALTER THE COVERAOt AFFORDED 1V THE Bulb 1400 POLICIE11ELOWI Llneoln Contra II COMPANIES AFFORDING COVERAGE Dallas TX 78240-2182 !2141 990-9800 u Rw A TIG Inrwanaa Company of Teuq i onbet t Jeyce Reynolds _ tEn r 13 Royal Inderrlnlfy Company RAC Conetruetlon, Ina. COLFAW 8001 W. Unlverrlty Dr, lytml C Denton TX 70201 r.OWANy D C1060AW ulroe E THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY BE RELIED UPON ONLY IF THE CERTIFICATE REFERRED TO HEREIN 18 ATTACHED HERETO, j Certificate Holder I Marvin Morgan Construction i A Rat 3,220 Kings Row 1 City of Denton is named ae an additional Insured as thelr interest may appear 4 with reepeet to operatlons of the named insured, except workers, compen9r.-+.;I. ? is I f ! i i 1 ...t r'1`ti+~P+:/1'F1+fS'7~rV'/1'rlsri^~~~'.. I i paW No of Payet P. O, Box 956 Argyle, Texas 76226 Office (817) 380.0766 C FAX (817) 382.8974 CONSTRUCTION, INC. PAOPOSA[,SUBMITTED TO PHONE OATf Marvin Morgan Construction, Inc. 382-0682 July 3, 1995 STREET JOB NAME 2286 W. Oak The Luna Residence CITY STATE AND ZIP CODE JOB LOCATION Denton, TX 7620 _ 1220 Kings Row ARCHITECT DALE OF PLANS JOB PHONE Denton, TX WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR Supply labor and materials to complete the following: 256 L.F. of 4ftsidewalk per City of Denton specs. I f It is agreed thal In arriving at the above prices for labor and materials it is contemplated by the parties that the same will be paid to the order of AAC CONSTRUCTION, INC, at Its place of business in :Jenson, Texas, promptly as provided herein, and In the event same is not so paid we agree to pay Interest at the highest lawful rate on same amount from its due date and in the event the same Is collected through suit or through an Attorney, the Probate Court or Bankruptcy Court, we agree to pay a reasonable attorney's lee thereon. ME proppor, hereby to furnish material end labor - complete in accordance withabove specifications. Ina the sum of Two thousand one hundred and 0/100-----------dolls tS 2100.00 PA VMENT TO BE MADE AS FOLLOWS • All material It guennleed to he a "Gilled. All work In bt completed In e wo,l,manike manna, according to etuxlard prattlen Any allarpbn or Authorized ' C dn-ation from above grrdricatlom Invomng extra costa WHO he executed S Mtun only upon written mdere, and will become an extra chHte over and above k+ Rick L. 1S'9timfltOr the animate. All greemenis conenaent upon arik". ncMmH or delays Notr. ThN r ,nw 9ar J bevord our conlro. Owner to terry Ike, lornado and other roc y llhdrewn b If hot tola ceossi n te 30 dart Inuritnce Our workers sit fully covered by Workman's Compensation w by us ps i nananco i Aeeeptalnrr of froposal The above prkt epecinut=3 and conditions are ullslodaryy and art hartby accepted. Jou an author. 1, ad to do the wuek 11 soft HNd. Payment will be made ss oudlned above sifinalWt Dale of nccepience- SNnalura r • °Q 04~O~yGG o0dC0o 1:3 4 GCp~~O*-,Ore,4 o°°00aoo°i i F i + i I i J • I • • 07/13/95 14: 0 QP01i0000200 CITY Or AMOOD97 Li PROJECT NO. CONTRACT NO, 1 THE STATE OF TEXAS S COUWry OF DENTON S KS%g*rtel Hospitality, tae. Whereas, hereafter referred to as "Owner," whose business address is Y. 0. Box 1448, Norfolk, NE 68702-1448 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 0 • 07/17/95 14:09 095178888278 CITY OF DENTON Q003/010 whereas, the owner elects to make such Improvements hereafter Mote] Develoers Ind ■et forth by contracting with , whoas business address in P o eox 1448 Norfok~ N~~~n~ inen , 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 therefore 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 135 6 Teasley Lane the owner, contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covanants of Contractor. Contractor agrees as followat (a) Specifications, To construct and install the • Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the cijyfs Standard .,:a f{cationa for public Works Cons ri+ ion North Central Texas, as amended, and all addendums thereto, and all other regulations, • ordinances or specifications applicable to such 2mprovementfl, such i • • PAGE 2 • • 07/13/90 14:34 1208 T0666236 CITY OF DW71'ON ~D96/G19 , specifications, standards, regulations and ordinances being expressly incorporated herein by ref arance and being made a part of the agreement as though written herein. 1 (b) &gthQr ly -9 CCjty 1,Deerz =nanections Tggts and QXd=A. 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 furnisbed, 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 wag in accordance with the specifications applicable thereto. Any work dons 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 rapair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any ether request or order of the City • rngineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspootiona of such work until such failure is remedied. if such failure is not remedied to I the satisfaction of t11s City Engineer, the City shall have no • obligation under this agreement to approve or accept the • • improvements. PAGE 3 i s 07/13/06 11:36 f10e17eee8230 CITY OF DEMN ® 006/010 !o) ingitranca. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Division X of the, sy-. - vubiio Rorke Co try~rion. North Central Texas, as amended, the provisions of which are expressly incorporated herein by ref arena*; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the city of nenton. (d) M*Ans M lRethQA oLSgn■tn =UM. That the means and methods of construction shall be such as contractor any choose; subject, however, to the City'e 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 v and Co_ tr1 a_otor , owner and Contractor mutually agree as follows: (a) Perfsrunca Bonds. Escrow gTyt. 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," ax defined by City's • Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, se 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 • ~r business in the state of Texas; or, PAGE 4 • • 07/17/06 14:06 ff061T06E027C CITY OF DEMN Q000/010 (ii) if the cost of completing the improvements, gin the time building permits are requested, 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 theetiof orov agreement sformishall exception, , the Cityy's a be used. (b) Pay"nt Bond Assurance o payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) 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 paprovements is $50,000 or less, as determined by the city Engineer, or the Improvements, regardless of the contract amount, are for a "one lot dsvelopmant,e 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 raprovements, the owner and Contractor shall furnish a written affidavit, in a fors 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 i PAGE 5 • 07/1J/ae 14: Ba8lreee82b8 CITY OF DENrON aorrolo material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers have boon paid in full. (c) (This provision (o) applies only where the owner and contractor are not he same party•1 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) anc2pbranceffi, That upon completion and approval or acceptance of the Improvements of the City, the Improvementr 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, lion, charge or encumbranoo 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, E • PAGE 6 i • 07/13/05 14:30 tYGti1T50682J6 CITT OF DMTON X100!/010 Tian, oharge or encumbrance, in favor of the City, to ensure payment of such alsim, Ilan, charge or ancuwbranca. (a) dgJALananca Bona. 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%) or the contract amount of the improvement*, 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) IndgMaWpation. 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 parson, persons or property on account of the operations of tho 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 or the improvements; and shall pay any judgment, with costs, which • may be obtained against the City growing out of such injury or damage. (g) ;s ..rentrollThat 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 - • 07/13!66 14:37 VOSIF3608236 CITY OF DENTON ~ DOi/010 3. Occunvnov! One ,at Daveio=ente. owner further acmes 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 oomploted 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 city's Development Coda, 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, covanants__o# city. That, upon proper completion of the improvements in accordance with this agroam.lnt, the City agrees to ac,c+pt the 1Rprovements. • S. Venue . The parties herein agree that this contract chafe be enforceable in Denton Cpunt:y, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. Tne terms and provisions of this • contract shall be construed in accordance with the laws and court • • decisions o the State of Texas. PAGE 8 „ • j I i Of/1J/9s 14:3T 09617066MO CITY OF DElf N X010/010 6. This contract shsii be bitxiiag upon and inure to the benefit of the partiss hereto, their reepectivs successors and assigns. Executed in triplioate this, 13th day of July , 19 95 . OWNXR COpTSICTOR Supertal Hospitality, Inc. Motel Develo s, 1 f 0 BY r BY1 oneld L. Boettcher prasid nSchulte Chief Financial Officer CITY 07 r 8 t 1A1iA4ER ATTESTS !ER r CITY SMMARY APPROVED AB To %X"L Fa Mt HERBERT L. PROUTY, CITY ATTORNEY BY I1 PAGE 9 i • . _ v .u .._...+.w.n x. v..%~n„F+WSxP•artu4f>T',K' FROM MIDI PHONE NO. +214 BBl 5250 Jul. 12 1995 02:17PM P2 $tat@mem Data 7- M.'rit pF -o,r 'T'ptic ,J o 041 ma, FNoxco dolach And rotuf A vpf or podlon , a.,nlnenc~. t--- wilnYour Or*, dliI& horpea C- - Md i DdO - _ 7 III 2~D ~ 7b~ p CIA L Ulry ~ to i luau e y~ { Neul9+ s i w~nlones YndtYom 1 • FROM MIDI PHME NO. 4214 861 5260 Jul. 12 1995 02:17PM PS .§tatement Date x•9.l To Mpz~Au. I-W C, PIN, Do MAO Andre I urn upper portion ! wilhyour remNlanoe, Charpem end Crod!}a'- - - i IN A to . l . 1 WLWOOrws 1MIY.q I. ' YMlllr IH Y p!.. ~ , Your Chaok la Your F,"alpI l•'I • 1~~6r ill li t~ I 1 • I • Ole! liac 10; 91, 11?061T66Rh Z7G C!S'!' UF' lftittltlIN ~OOY (0/R r "t , r i CV,VTRAC?' NO. 7~ t+ (Iii SIA'VE u! 'C4,W N'T IN LSEU MIL 4UUN'i'Y VF UF;N'1'OtS y ~taW AGH Fdt3'MWAWE BO (Uevalopasent Gvutzact-Improve~euLb of ~~U,OOP or i.~ssa} ~f1U.1lF.kS, ,__~~rteJ Uoa~.ilxlty, lu<'.• , huzeuftsr f I cyJacryci r,v us "Uvner", tw€ undertaken to davolop property aiehic; I;iie C:.cy of Menton, Texas, or ita extreterritoriel ,iur:.ac}ictiyn; and , WMKW, 9wiwr iota, purauaut tv Liw ordinances of the City v£ (JEnrvn, 1'crac, twrepLter setvrred tv as "City", executed a y 4aYaJ.vpo;aut,' c.vncracL 4v iuaurr Cigar guy' and all streets, water o(vJ tow*a J i.uep, drv.irtgge facil itLec or other improvements which dJ'e W k+v de4iceaLed to the public, h*reafter refrrrr*6 to as "l.wyaovewanta", are coescrLwt4id sad completed 7.n accordance with I tµ aya:ctfil.car9.ons,, vtfadatsde and vrdLaaoces of the City; and WHk.Y.EA&, Owner sw4b*v to receive bvilding permits for said proyQa4y VrWL t40 ChM 4owpleCtvu sad approval or acceptRnee of 14v ~.1Gijryye(peuC/ by Uxv City; and • WkirAYJ.1s in 9r4ar to recuive such building permits Owo*r wvyr wlt.*K& rha evok to cowplata the rApr9vea*ats is 550,000 or lveu, in 4*tj o posting, a perfora;anc* boad) escrow cash mosey wjLh u bunk s/ esc;rvw agent in on amount not less than the • • • swVUUI n*cYY/*rY CO insuKa c~auplettvu of said haproveaents; 1 • 07/11/00 16:25 00$17506$230 MY OF DEMN Q0021006 1233L r' PROJECT N0. h I3 CONTRACT NO. THE SPATE OF TEXAS 9 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON § OF PWORMANCE BOND (Development Contract-Improvements 1 of $50,000 or Loom) WHEREAS, Su ertel 9oa itallt , Inc. , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEAEAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer ILues, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the City; and WHEREAS, owner wishes to receive building permits for said property prior to the oompldtion and approval or acceptance of the Improvements by the City; and • WHERREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not less than the • • • amount necessary to insure completion of said Iuprovemsats; i1 I • • 07/lt/ab t0:Y6 Qaa178aab2Ja CITY OF DENTON 1M 003/000 i NOW, -rBEREFORE, OWNLR, City and First State Bank of Texas hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving /buildding per- mits for property located at &20 j' 35 I. e-)oy t 1 shall deposit the sum of Ten thousand eight hundred dollars _ C~ 10.800.00 in cash money, with Escrow'Agant, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the day of 19q6_~ , between the City, Owner and Owner's Contractor, to which reforeaee is made herein. 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Agent. 3. Release of Funds. Escrow Agent shall not release. any or j all of the escrowad funds until the City Engineer authorizes the { Escrow Agent, in writing, to release such funds as provided for i herein as follows; i • (a) the City Engineer shall authorise the release all the escrowed funds when all Improvamants ara PAGE 2 • • 07/11/05 16:20 066176666236 CITY OF DzhMx 001/006 completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose Judgment shell be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so Iong as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have nor been, but. are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under Chia agreement shall be sent to the address of the parties hereto, as .follows: CITY: City Engineer 215 East McKinney Denton. Texas 762011 OWNER: S~.Pcto I JJbl o iC-j C, . LO. B~ ►~48 MocL k ME ESCROW AGENT: First State Bank of Texas P_n_ Boa 00 Denton. Texas 76201 4, Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonlisbility of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery i of the amounts deposited in the Ea;row Account in accordance k with this agreement. The Escrow Agent shall not be liable for • any act done or omitted to be dooe under this agreement or in • • PACE 3 • • 0VUM 10:27 a901780002J0 CITY Or DEMM 0005/006 connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the followingt (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final Judgment rendered by a court of competent ,juris- diction, an order binding all parties interested in the matter. 6, Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that it any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 i s i i • j 07/11/99 10:27 0"1799992J9 CITY OF DENTON ®OD9/006 IN WITNESS WHEREOF, the said City, Owner, and Bicrow Agent hays signed this instrument this /lAf day of cTw/Y_ 19 IS. CITY OF DENTON OWNER ~ L BY: BY lh ESCROW AGENT BY: PAG8 S i • JUi.-d4-95 FRI MS SUPERTEL HOSPITALITY FAR NO. 4023714229 P.02 I JUL.-14-ea PR1 130 a r. a2 A*W FICA E b g INS 7i1~/'"4 3=05 D. Welaon Awcy T.O. Zhu 1128 llotfalk, It 6x102-t121p0q r "TOMR107ars Mutual Iaavranp Cpap 00 Hotel Deoalopara, Ina.9 r 2.04 !o% 1448 NasAalk, Nt $8702-1441 D T"" TV O,ATIT TTMT T!'! 7'G71WAS Of HSINUN;l USED KLAN HAY! all) plop TO TNa 10AW "Amu Am% FOR THE roUOY MOOD PW ATBD." WRNaTAWM A kV UOUN" NT. TM OR CONWOk dF ANY CONWUCTT OR OTHM~ WASOMATS TNT al WKW 011 MAY FI1TM1. TN! VMAMN AFFORM IM I S AND CONOITgNt OP WCN POLICIE 6 pDCIWIT Wn r IMOT To WOKK TWA w TTM w FAIO UAY6MIl1lW 16 aMaOT To 14L TM TWA UW$WOWNYAYNAY,6lY P06 iRMtloll _•••••.•NnM LTa Ti'MtFta4aNlq F0110/'MIt/M ow ago"" OVA" irnWNaTT7 tATt llattat~ tatl~llllYib .__A1L.MtItiaA11 t A °0WN"oa"t"k IM UN 9D4 24 12 95 12/11/04 12/31/05 auwLUat % eewrl aTAlMaamNTMDf LW7N0001IItVNa t 1tItYlMea~.r Ml t war w t " IWAUt oawaaNautaM 11,000,000. A r,rwro 984 24 31 93 12131/94 12/31193 IY/OMNMAet htultr t .OnoNND AV= (p'w wt.N+~ l . f117FaS1Y tYWAaa t 't'wo W~?WAOILM AOiMff t ltiat1111aYM a1YfaOtorallla t 009113A Yag1 ~a jp jpiF~ l ,I~INANLANlWLAFWat . t ~Lta~t~lATAaIAN % fpMpR111M1i A 4H4 24 41 95 12/31/94 12/31/93 ue+Anee~~ t s I f e~o1 aawi,FOW LW i ii enwl• l+eN an,Drtl l A D1SN TT1TtO A8 0' ADDITIONAL I118D%>ZD D3Dt%'17D1 GWWAL LIABILITY OILI.T. "AOM DBDAf TO BROW COMA491 "I "Sim iSS A9T0 Ate 1rcRBtta C0112'ct110AT2011 Ctty o! Daatcoo Texan avuLa a ns An" 1t1ww ram... t.roruw lrtw IN • 215 R. Noxinnay BwA m re tur,lt M son oww i1u Novo" to oft ~ • Desom, 12 76201 ~ tAnwar+rl%asoawelaealDleutaL~Ut%1rt1Y1aa%u1r, LI1 A oq LWM wm mm a mKm7 w M LWL'W M we M Aeon M II h~ I ~ I y ` tl` I rex"' r.~.;~C s x3k~k:Kif..lYft~diltt$k.!.:~Yiafl~SltA~RCWf' l ,r ooo~Gd oddCO~c~p~p p a 0~ti1 rpp p C3 ~ e a Oppo pro M t°+Opp p~~~DDd006ddd~o0 l P Y~ ~f { S a; f a 1 f r ~ 4 • Y`-`.. ~~t Jar ...-:r.rr~ ry_ N,l ,ref ~~T'{1~1, ~a dF~t~.'?'rt ss,~r~-~ ~y rr 1 • AMOOD97 PROJECT NO. i ~ CONTRACT NO, THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas, hereafter referred to as "Owner," whose business address is ft ~Y- ICI r a A uI a r J C r) r Tk 7 20 L/ , 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 0 41 i • 'i i J ® Whereas, the Owner elects to make such Improvements h 2reafter i r set forth by contracting with n . n PP u r s n C(n n e+ f Ltc~ r~, r1 L o , whose business address is C, h rw r c L e n l u y) 1 X 7 t. ,1 0 hereafter referred to as "Contractor"; and i Whereas, Owner and Contractor recognize that the City has an nterest 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 2) C.,lI, C 1{ R1C l p p r 1 71 r X n cl ! I I 1 t( f R_ J) the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. ,Coveno-~ts 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 City's standard • Specif-cations for Public Works Qgnstruction. North Cent al Texas, • • as amended, and all addendums thereto, and all other regulations, ordinances or specifications appl.i"ule to such improvements, such PAGE 2 1 1 i 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 ex. i 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 • 1 a (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors an provided for in Item 1.26 of Division I of the Standard specifications for Public Works Construction North Central 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 Constrygtion. 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 vith City specifications. 2. Mutual Covenants of Owner an Contractor. Owner and Contractor mutually agree as followst (a) Performance @onds: 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 1 • • the Improvements meeting the specifications of the city, shall be in favor of the City, and si'eall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 j 7; 771 f.. . < i , i 1 i I I (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, i 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 II are no unreleased recorded liens filed against the f i Improvements, or land to which they, are affixed, i i that are to be dedicated to the public. IJ 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 ` EL MAL • material for, the construction of the Improvements, / and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage. 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) Encumbrances. 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 • I promptly post a bond with the City in the amount of such claim, i I PACE 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 I!~ 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 0 of the improvements; and shall pay any judgment, with costa, which may be obtained against the City growing out of such injury or damage. 0 (g) Ag e1~ ement__,Cgntrolling. 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 i i J s 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 $30000.00 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 City's 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 Govarnina 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 Count Texao. The terms and I • County, provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 , • • i a I 6. Successor and Assions. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 9-a- day of 1915. OWNER CONTRACTOR By, BY:~ CITY OF DE N, TEXAS BY' CI AGER ATTEST: 4,FE79ALTERSo CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITZ ATTORNEY BY: • } • • • PAGE 9 • • LOTS LOTS 1 & 2 I I. COLLIER STREET ADDITION I a I =-3 DENTON. TEXAS N SCALE- 1' I 7 E%ISTIMO SHRUBS i 104.00' _ ml 6 ~ I . 0' W , PROPOSED 4-PLE% tl (TWO PLOORSI i E%I9TIN6 A A l6 ' RE9IOENCE ; 3 I,~ f I 2 f 1 ' I f■y ~0RA66 ORABB Z.~ ' ' I 21,00 18.00 51.00 10,60 _ - ~ • • _.I - . - . - - 150. 00, CD L_ L_ T F_= S T R E E T 1 _ 3. nn l~4'Xv i i ' I i A~111!!!.' i axN ryas ceKr>pcA rw. o.A . R {^ww••:oa>»wa~evan..eaeew n~.,'b) .n.. ~'D~'~"~~~i~,i2`V r V , ~ j Una nNDTAACwI T6`N KI/UeD A/ A MATH Or DPORW MN OILr AMD CONFeIq NO M01111 U►OM TN/ C0117MATI NoLom 11Me MITIROATI OOq lNOT AMellOr /XTetO OR ALTO TIN COV/RAO/ AFFOMM /r TIN RAMY M Jt WRYA1IANCE IE8 AFFORDING COVERAGE OwIbR TX 7Ee06TW A 7FBwMt BRrwwmw TM -r. IA B Tom WwY Cay BAS PwN wNA•Mn C C~ =C LErrm a D. P 0 "X m caswn D Dwft% TK MM TX N= NArral ~ E THIS 0 TO CEPTFY THAT THE POUCEA OF IWURMME 118TED SFLOW HAVE BEEN ISSUED TO THE POLNED NAMED ABOVE FOR THE POLICY Pfly00 INDICATED, NOTW7HSTANDINO ANY REOUNIEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DDCVMENT MtH BEEPEDT TO M" TwE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NISURANOE MiOROED BY THE MUOO DEWNSED HEREW IS SUBJECT TO ALL THE MIMS, , Ml FxCWSI0N9 AND CONDITIONS Of SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED , BY PAID CUJ , . . 1Y1l or SIE,XIAl11Cf POAJCY MA~/1 POLICY pMflA POKY ORPSUTm ' LAM TA DAM v CA71 RSAW" OBBIK IWIAY AT7._,. ' A ~ ~ II 101000E X ' CWWRCA ODeK IIAKM MOWCT&COWW ADC. :1 /000000 MA M yApE !X 0ma NFOO 1A1 A ADY. MARY /000000 0*0" I ommwm" MOT. Efm OOMWA ICQ 7000000'.. : AE OAIMGE (APY 01r 7N 1 S000E ~ in. mm im. wpp~s an A AL-X LVALffY N.eOcA►Bt w "wm "Wo cwomen wa.E P NppppE LAW ; ANfY AUTO ' i ALL OMED AUf06 SOOTY SAAANY Poi SCN[01A.O AUTOS 1 K j IIF[O AUTOS SOOTY NARY~~........ 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AND OGNPERS NO MGM UPON THE CUTRDAn HOLOM AIM OERTWWATE DOES NOT AMEND, W[I MD OR ALTER TN! OOYptAOE AFFORDED SY AM RAMEY S KM MURANCS PoLxm{, NLCW._ , IN L "K *AW A COMPANIES AFFORDING COVERAGE D~ Tx TSSSSLT'pt „ COWA A TMwMn Mw"wo, TBa 8.. ,,.Ter weA Cam ti Fled C*Wmff UETM LEM C~ Fa" CapaalkR C Nn Doft% Tx "M Tri TTMOB - Ik Co~ E uTlBlt THt9 W TO `CERTIFY THAT THE PoWU Of 04URAKE USTED BELOW KAYE BEEN MWEO TO TIE OWED NAMED ABOVE FOR TIE POLICY PEMOO INDICATED, NOTY WTAND!NO AM" REOUMEMENT, TEAM OR OONORION OF ANY =17MCT OR OTHER OOCUMEM WRH RESPECT TO WFMCH TFMB _ DERRFICATE MAY BE N99UED OR MAY PERTAIN, THE MURANCE AFOFMO BY THE MJCEB DEBCNBED ME" 16 SUBJECT TO ALL TIE TEM. EIfCLUSWNB AND CONDET10N8 OF SUCH POUCIFA. LIMITS BFIOWII MAY HAVE KM NEDUM BY PAID MAMS. . . . . . . „ 00 Trra or /aaMAloe POLICY IuwR tsar MIrlOTA~ P"v V~")N LBalt nI - wa Mwontil CAIN {q , omm A CO CLAW mom OCa+I. , ElEpaffBKl~T7 OWN BUBTM wKA oil I EACH OWAY84M ! 00418 ! CYMiNCTORM Am. M ! ![0808 : .}M®E~09WlE lMY ar.Wiwq~i.,. . >b00_,... A Airorora uwYrY UOCAPSNKM UWAS SS 7m ! c" m Amu a 10000N LUT x,.f AM'mm ! Au 00" AuTm WKY HAM :6 ~ I/CIaA1RFO 1lrtd IIREO AVf01 IMY NAME mmowmm Now . ONNOE LWl11Y { r! tO WW&MAN l aACa1/ LIAaLIir - ~ FNMI OCCIJIlIBKa ti 1 UM!%UA FOIY l A9016W1t ~i I 10TBt nm umpaAiA FO W { ! 4 f RATVTORr laAa{ , , i S f xGIaaMIy OOIAytMT10t1 TSFlSI/01~0 1pSlftt /NBM j WCO ACCWW U MISS , i amps . ft UC! Lrt 1 00000 f aAPLOwta uAaurr ..........................~...i.._.....,......,.... Own . tAgt Bl1011i 1 00TIOM 3 ! OT~1 a • i I i I I ~j OnCM OF OMPATO11►tccAVS *%16WW.AL RM I i I BFIOUID ANY OF THE ABOVE 7E POItCIFE SE CAttCaLID SEf'ORE 1M U.PMTM DATE Tf*W", OWANI' WML BIDEAVOR TO f MAIL » DAYS OMEN CERTM•TOATE 4MM WMEO TO THE c of DOI to 217 E: NOKkM1aY LEFT. BUT FAAWFE TO MAIL NOT" WHL IMPOSE 110 OBUSATION 011 LP MJTY OF ANY We UPON TTIE , TEB AGENTS OR RE MENTATNM TX T0101 wamamwmazam . . ff'✓;" ir, 4r'ri,:s'y~jY:i.N~n P • l' V, . a r t..,=x c SaY ge i i 1 i I i i DON PEARSON CONSTRUCTION COMPANY 1439 Churchill Denton, Texas 76201 (817) 387-7768 j " f July W, 1995 . City of Denton I 21$ feet McKinney Street Denton, Texas 76201 } Ret Terry Martin 4-Plex - Lots I and 2, Collier Street Addition, City of Denton, Denton County, Texas 1 Gentlemeni It is ay intention to use Calvert Paving for the city sidewalk, Enclosed is a copy of Calvert Paving's Certificate of Insurance, l Sincersly,_ Don Pearson a ~ f T ~ t Jiii 1 4 I l~h 94i CRY OF OENTON LEGAL DEPT. t -r. i j I a.:!x„p..a4ni.?1:~.Vdti1.dM1'~:¢'a!rA4tR'bWdhik4r,M1nW'..ea6~.waw+w\uv:..w+e. C f I o~o00G~ opOCQQCppNb, OO, I Dy 4 Ct j ~ V V oQOnOQ OOO~OOvOOQQQN wo~ ~ j t Cp-.. -d 4 L • ~i ~ r 1 J`~. ~ t 1l !x ~~z r"~\.}C .35~~ i I 5 3 11 :i, 4 I i • . i AAADOD97 PROJECT NO. CONTRACT No. THE STATE OF TEXAS $ DEVELOPMENT CONTRACT COUNTY OF DENTON 5 whereas, ,inr cor.a aat,ora~.tls.,.11)~^84A - hereafter referred to as "owner," whose business address is P.O. Box 1304, ABILENE, TEXAS 79604 is the owner of real property located in the corporate limits 0; 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) i G~ 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 • C~ Whereas, the Owner elects to make such Improvements hereafter F set forth by contracting with ASSOCIATED CONTRACTORS, INC., whose business address is P.o. Box 412, ABILENE, TEXAS 79604 , 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 135 E AND MEADOW STREET, DENTON, TEXAS , 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 E Improvements in accordance with the procedures, specifications and standards contained in Division II and In of the i~,ty's Standard • • • Specifications for 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 i • j • i II , i specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. 1 (b) Authority of City Engineer; Inspections Tests and Orders. That all work on the Improvements shall be performed in a i 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 • II 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 i i I - I i (c) Insurance. 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 Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; i 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 fonds: ,gcrow 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 i O (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. it (b) Payment Bond., Assurance of Payment. That prior to acceptance of the Improvements: s (i) a payment bond will be furnished in an amount not less than one hundred percent (1004) 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 O 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, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Rata nacre: 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 aril 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 retainagu, 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 I for and hand in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. 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 I • _ I lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) MLintenance Pond. 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 j operations of the Contractor, his agents, employees or i 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, whinh may be obtained against the City growing out of such injury or damage. b (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 _ 0 i a Occupancy 0 e 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) Thet if this contract applies to a "one lot development," as defined by Cityfs 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 s 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 r r 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 • { 1 i 6. Successor and Assigns. This contract shall be binding upon i and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 3rd day of August _ 191, OWNER CONTRACTOR ACI SELF STORAGE OF DENTON, LTD. ASSOCIA INC. BY: CITY OFD N, TE S l 8 i CI MANAGER ATTEST: NZF ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY 13Yi • 7 PAGE 9 - • , • ~ o- war • 1 • AAA019DF Bond 0TX512876 PROJECT NO. % CONTRACT NO. ~ PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL MEN BY TISESE PRESENTS: COUNTY OF DENTON S That ASSOCIATED CONTRACTORS, INC. P.O. BOX 412, ABILENE, TEXAS 79604 of TAYLOR County, Texas, hereinafter called Principal and .ERCHANTS BONDING COMPANY (MUTUAL) a-Corporation organized under the laws of the State of IOW4 and authorized to do business in the State of Texas, hereinafter 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 SIXTY-THOUSAND-FIVE-HUNDRED -THIRTY SEVEN 6o.s37.no 1 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated _ I the day of AUGUST , 19 95 , 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: • ACI SELF STORAGE ADDITION-PUBLIC WORKS CONSTRUCTION i i • 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 • • i 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 not arising from the improper work of the same, including, but 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 dying 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 rc,:onstruct any defective condition of the work az determined herein, it is agreed that the City may do said work and supply euch materials as necessary and charge the sum against the saiu Pri.o.:ipal 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 E 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 3 day of AUGUST , 149_ • PRINCIPAL SURETY f ASSOCIATED CONTRACTORS, INC. MERCHANTS BOhTING COMPANY (MUTUAL) BY: BY. ATTORN IN-FACT Kathy Robbins PAGE TWO s s Merchants Bonding Company (Mutual) POWER OF ATTORNEY F Know Alt Men By These Press nts, that the ME RCHANTS BONDING COMPANY (Mutual), a corporabon duly organized under the laws of the Stale of Iowa, and having Its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, conshtuted and 1 appointed, and does by these presents make, constdute and appolyd Kenneth W. Baker, Gayle W. Gray, Kenneth W. Liles, Jr., Barbara Carter, Kathy Robbins or Kathi Ashlock d Abilene and Slate of Texas ils true and lawful Anorney-In Facl, with tuff power and Bullwrlly hereby confarred In its name, placo and stead, to sign, execute, acknowledge and deliver In Its behalf as surety: Any or all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the all of PiVR HUNDRHD THOUSAND (=500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (Mulual) thereby as fully and to the same exlenl as it such bond a undertaking was signed by the duty sulnivizer. ^fiicers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney. pursuant to the authority herein given, are nereby ratified and confirmed. This Power-of-Attorney Is made end executedpursuanl lo endby authorh y of the following By-Laws adopted by the Board of Dbectorsul the MERCHANTS BONDING COMPANY (Mulual) . ARTICLE 2, SECTION S. --The Chakman of the Board or President or any Vice Prosidenl on Secretary shall havo powor and authonly to appoint Attorany-In-Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,racognizences, eonlraclsof indem is IV and other writings obl'gafpyln the nalurothereof, ARTICLE 2, SECTION g. - The slgnaluro of a ny authodzed officer and lho Seal of the Company maybe afixed by facstmilo to any Pourer of Attorney or Certification thereof authorizing the execution end detiwery of any bond, undertaking, recogrJzance, or other suretyship Wigalkns of the Company, and such signature and seal whon so used shell have the Same force end ollect as (hough manually fixed. - .I I~ Ir Witness Wtrereal, MERCHANTS BONDING CO:APANY (Mulual) has caused Iheso presents to he signed by its Vice Resident and Resident, and its corporate seal to be hereto affixed, this 22nd day of April. AD, 19 94 Adosl MERCHANTS BONDING COMPANY jMulusi) Il ` /V:er,/aae~m /I~ w ✓/'two.w~,i r.r•,... STATE OF IOWA • 'Vi'i; , r` COUNTY OF FOLK ,t On this 22nd day of April tg 94 , before me appeared M.J. Long and W.G. Brundage, to me porsonaliy known, who be Ing btu me duly sworn did say dial they are Vice Presldenl and SecitiarylTreasurar rospeclivoly 01 the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the fomg6ng Instrument, and that the Seal affixed to the said instrument is [be Corporate Seal of the sad Corporation and ]hat the sad Instrument was signed and Sealed In behalf of said Corporation by Bull of Is Huard of Directors. in Teslinlony Wirereol, I have herounto set my hand end affixed my Official Seal, al tho Cily of Dos Moines, Iowa the day and year first r l written ~%.Y N 9 •f P ~L i is Win, Nff P, r,~u^ry. roue rowA 01''••••,••raF''~' STATE OF IOWA'S 'TRIAL COUNTYOFF'OLK w i I, M,J, Long, Vice Resident of the MERCHANTS BONDING COMPANY (Mulual), do hereby ce0fifihM Yte above and foregoing Is a true and coned copy of the POWER OF ATTORNEY, executed by said Mf"T$,,,"[HNG COMPANY (Mutual), which is still in force and effect. ~ H. if p f) A ;,~2.• In Witness Whereof, reuldo ! my and and elAx~d]beseal of the Company, at Ibis day of CC i f9(fi) This power of attorney expkes Decomber 31, 1996. w M Sr, 08 1. • '~r•. 1 ~ , s i l~.ek}''~, t ) .v.~aC.' f: t ~ l rU1r - ,1 I' ~ y r rn > st r f;r , • • AAA019DF BOND OTX512876 PROJECT No. ~ CONTRACT NO. I PAYMENT BOND THE STATE OF TEXAS 5 COUNTY OF DENTON 5 T~rl, ASSOCIATED CONTRACTORS, INC. P.O. BOX 412 ABILENE, TEXAS 79604 of TAYLOR County, Texas, hereinafter called principal and 147RGNANTS BONDING.COMMPAU (MI)T11ALl 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, firms 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 SIM-THOVSA1M-FIyr 14 k= _ -THIRTY-SEVEN 60,537.00 ) Dollars, lawful money of the United States, to be paid in Denton, Danton 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 3 day of AUGUST 1925 in the proper performance of which tha City of De n', Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • ACI SELF STORAGE ADDITION-POBLIC VMS CnN!STR_M QU • • 4J PAGE ONE • • i NOW, THEREFORE, if the Principal shall wall, 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, eta., 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 IdbEREOF, this instrument is executcd in triplicate, each one of which shall be deemed an original, this the _ 3 day of AUGUST , 19,E . ' PRINCIPAL SURETY ASSOCIATED CONTRACTORS, INC. MERCHANTS BONDING COMPANY (MUTUAL) BY. ~J TTOJR -IN-FACT thy< obbins ATTEST: n A • SE r ARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • • • PAGE TWO _..._,....~.~k. _ 11, L ,l • m'•y.^` r' ~ ' '~i, ?w,T ,~rtbs t! t~~yS i "'?Ir 4~ ~ j s i Merchants Bonding Company (Mulual) 11 POWER OF ATTORNEY Know AM Men By These Presents, that the ME RC HANTS BONDING COMPANY (Mutual), a corporation duly orgaNzed uouer the laws of the Slate of Iowa, and hating Ili principal office In the City of oes Mdhes, County of Polk, SIMe of Iowa, hells made, rinslituted antl k appointed, and does by these presents make, constMule and appoint li Kenneth W. Baker, Gayle W. Gray, Kenneth W. Liles, Jr., Barbara Carter, Kathy Robbins or Kathy Aeblock of Abilene and Slate of Texas its true arc lawful Affarayar Fact, with full power and authority hereby conferred In Its name, place and stead, to sign, execute, acknowledge arJ deliver In its behaB as surely, 1 Any or all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the surf of F1VF. HUNDRED THOUSAND ($500,000,00) Dollars and to bind the ME RCHANTS BONDING COMPAN Y ( Mutual) lhetsby as rally and to the name extent as it such bond or undertaking was signed by the duly authorized ottdere of the MERCHANTS BONDING COMPANY (Mutual), and all the sets of said Attorney, pu'suanl to the calhordy herein given, are hereby ialilied and confirmed, This Power•M•Ahorney is made and executed pursuant loan" aulhailyof the lot bwkrg By Laws adopted by the Board of Directors of live MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION B. - The Chairman of 9a Board or Resident or any Vice President or Secrelafy shall have power and authority to appoint Attorney-in Fact, and to aut arize them to execute on behalt of the Company, and attach the seal of the j Companythereto, boodsa nd undertaAings, recogMzanoes, owliactsd Indemndyand otherwrdingsobligatory in rho naluto thereof, ARTICLE 2. SECTION 9, - The signature of any au tboazissl and the $eal of lhoCompanymay be affixed by facsimile to any Power of Attorney or Ce rlif"lion thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other s urotyshlpobiigations of the Company, and such signature and seal when so used shall have the same force and effect as though manuAlly fixed. In Witness Whereat MERCHANTS BONDING COMPANY (Mutual) ties caused these presents to be signed by its Vice Resident and PresidonL and its corpaeta seat to be harelo affixed, this 22nd dayul April. AD, 19 94 Attest MERCHANTS BONDING COMPANY (Mulual) 1 By W fr►'t• " 60df AMrp M.w STATE OF IOWA ,r COUNTYOFPOLK st On this 27.nd day of April. 19 94 , before me appeared M.J. long and W0. Brundage, to mo personally known, who being by me duly swan did say that [hey are Vice President and Secrotarynreasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described In the foregoing Inslrumerd, and that the Seal effixed to the said Instrument is the Corporate Seel of the said Corporation and that me said Instrument was signed and scaled in behaif oI said Corporation by authority of its Board of Directors. In Testimony Whereof, t have hereunto eel my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year host above written. If w'•~••v ~YN g 1 - f Q is hair" ft'w~ pc,rO C.", • IOWA l Air COnm. rr.„ FrO m l OPT'" so • STATE OF IOWP. 11493 p P11A~ COUNTY OF POLK is 1, M.J.Long, Vice Resident of the MERCHANTS BONGING COMPANY (Mutual), do l>ereby cart tlret tfb bxwe and foregoing Is a [rue and correct copy of the POWER OF ATTORNEY, executed by said WF t 1,1WTf,~, NJD1N0 COMPANY (Mutual), which is stilt in force and affect ' QN i I, fJ r r, In Won Whereof, I hirpopere sel my hand and affix live seal d the Company, a1 1' r t yV, z, lids da x~ i I ` /un~ December 31 1BB8 This power of otlorray excises , MSG Oxu • AAA0190F BOND #TX512876 PROJECT N0. cl5 CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS $ 1410W ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ That ASSOCIATED CONTRACTORS, INC. P.O. BOX 412, ABIiENE TEXAS 796Q4 of TAYLOR County, Texas, hereinafter called Principal and MERCHANTS BONDING COMPANY (MUTUAL) - a corporation organized under the laws of the State Of IOWA and authorized to do business in the State of Texas, hereiafter 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 slim of __IIX-THOUSAND-FIFTY-FQ------------- Dollars, lawful money of the United States, the said sum being ten percent (104) 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 J day of AUGUST , 19 S5, 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: ACI SELF STORAGE ADDITION-PUBLIC WOU9 CQUTRiTIQIt__ • • PAGE ONE i 1 i l 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, other defective limited to, any settling, breaking, e 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 rupply 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. PROVIDhD, further, that if any legal action bT 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 3 day of AyTnsT , 19 95 PRINCIPAL SURETY i ASSOCIATED CONTRACTORS, ING. MERCHANTS BONDING crnra►~nramxu►r.) 1 • - C~. Ov BY: • • DY:c ALRM -IN-FACT Kathy Robbins V PAGE TWO e j I I 1 i I i / NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. { 3 ATTEST: SE Y i i t 'e i PAGE THREE tv, i • S 1 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presentu, that the MERCHANTS BONDING COMPANY (Mutual), a corporelion duly organized under the laws of [he Slate of Iowa, and having its prin6pal office M Me City of Des Moines, County of Polk, Slate of lows. hash made, eonstduted and appointed, and does by these presents make, consdfute and appoint Kenneth W. Baker, Gayle W. Gray, Kenneth W. Idles, Jr., s Barbara Carter, Kathy Robbins or Kathi Ashlock d Abilene And Stale of Texas its truo and lawful Allorney,M•Fad, with full power and authority hereby conferred In his name, place and steed, to sign, execute, acknowledge and deliver In its behaff as surely. Any or all. bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the sun of FIVE UIINDRED THOUSAND ($500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to IN same extent as if such bond at urdertakMg was signed by the duly authorized offioers of the MERCHANTS BONDING COMPANY( Muluaq, and as the acts of sold Aft mey, pursuant to the authority herein given, are hereby ratified and contlrmed Th Is Power-of-Ahorney is made andexecued pursuant to end by author yof the following By-Lawe adopled by the Board of Directors of Me MERCHANTS BONDING COMPANY (Muluaq. ARTICLE 2, SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall have pourer and 1 eulhorify to appoint Attorney in-Fact. and to nulhoriae them to execute on beha" of the Company, and allach the seal of the f Company thereto, bonds andurdodakings, recognizoncos, conlfxtsdOdamnilyando"rwritirigsot igatay In MenalureHereof t ARTICLE 2, SE CT(ON g. -The signature of any authorized officer and the Seat of the Company maybe affixed by facsimile to any Power of Attorney or Certillcatlon thereof aolhorizirvg the execution and del i'rery of Any bond, voc ertaking, recognizance, on other - suretyship obligations at the Company, and such signature and seal when soused shot have the some force and effect as though manually fixial In Wihwss Mc reor, MERCHANTS BON DING COMPAN Y ( Muluaq has cau sad these pr osel l is lobe signed by its Vice President and President and its corporate seal to be hereto Affixed, Mis 22nd day of April AD, 19 94 Altus] MERCHANTS BONDING COMPANY (Mutual) Il IV~ „rra Va,Pn YOr~r ~ Vc,wlr Mrw STATE OF IOWA COUNTY OF POLK „ On this 22nd day of April Ig 94 heroin me appeared M J. Long and WO. Bondage, tome personally known, who being by me duly sworn did say Ihat they are Vice President and Sec rate ryfrrea surer respectively of the MERCHANTS BONDING COMPANY (Muluaq. the caporAtton described In the foregoing InshumenL and that the Seal affixed to the said Inslnument Is the Corporate Seal of the sold Corporation and that the Bald Insllumenl was signed and sealed in "hall of sold Corporatlon by authority of its Board of Directors. In Toslimony Noterool, I have hereunto set my hand and Affixed my Official Seal, at the City at Des Moines, Iowa the day and year fast above wtillen NyY N 9 . ,Z . tiNny M^'.. Pon Camq. mw, lowA xr,Ca*mr„Nx.p,r., i, i Z v i IT485 ol~Al AV y~r rr STATE OF IOWA COUNTYOFPOLK u I, M. J.Long, Vice Resident of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify Mal d+a boveand • • foregoing is a true and correct copy d Oro POWER OF ATTORNEY, executed by sold M€F`C'f~ANTJ3,RNG COMPANY (hlutuall, which Is sl'dl In lorw and effect. • "N ',t!' f. i+' In Wilnen Whereat, I have rygreunto net my nd and eflrxedyla-s6&101 the Canpany el this ~f day of X1 rll,'., This power of anornoy exprres DeDBmbAP 31! 1090. h'Y,MSc 0014 19 1495, J.....,..,_,.,,,..,~enmsn p9:37 HAPMTT AND NRSH INC 12 P.02 I EXHIBIT "A" S ` JOB NO. 28813 - 7-18-1995 i ACI ADDITION COST ESTIMATE FOR PUBLIC WORKS CONSTRUCTION PAVING ASPHALT - 1-1/2" TYPE 'b'-1115 BY @ $2.50 = $2,787.50 3-1/2" TYPE 'A'-1115 BY $ $6.00 = 56,690.00 LIME TREATMENT - 12$4 SY Q 03.50 = $4,389.00 $13,866.50 CURB - 298.9 LF @ $7.00 = $2,092.30 FLATWORK - 55 BY @ $26..00 n $1,430.00 $3,522.30 SIDEWALK - 891.52 LF X 4' WIDE 396.23 SY 0 $24.00 ■ $9,509.52 WATER LINE 12" PVC - 565 LF 8 $25.11 = $14,187.15 B" PVC - 175 LF @ $13.95 $2,441.25 12" VALVE - 1 EACH ® $1255.00 = $1,255.00 8" VALVE „ I EACH 8 $460.00 = $460,00 MISC. FITTINGS $400.00 BLOCKING - 2 CY @ 092.00 $184.00 $17,927.40 CULVERTS - 3 EACH 18" RCP, CLASS III - 117 LF 6 $45.00 = $5,265.00 SAFETY ENDS - 6 EACH @ $425.00 = $2x550.00 TOTAL $52,640.72 CONTINGENCIES 15% $7,896.11 TOTAL PROJECT $60,536.83 • i TOTAL P.02 y T ! I 1 I • ..rr IicbacPsa~k9'. , CERTIFICATE NOLDE TTr 1 T ~xSSSUE A r141 Cp A MATTfR 0/ INFO1111ATiON ONLY AND re SOgwmww 1I 610! kmm POUCK6 BELOW. Y THE . E . 1100 ;dXt&b dP A EN. Im 1 1. . . . . . AMOR COMPANIES AFFORDING COVERAGE mom Tx T1004 A Flu Bwlato+ei Cow#" Nwauio COMPANY B Tarm WC 4,www Ftww Aaeoowid Ow*setoAi, Eno COMPANY C wAd off*m Colossal P.O. B" 412 COMPANY NeAYiroak rtdilRnkF AbfNni T% TND/ . LFR91 tO PANY E LlTTM , 0 ![LOW NAPE BEEN ISSUED TO h+f IgUREO NAMED ABOVE FOR I}1E AOl1CY Pth00 . 'MS IS TO ~ 'VITIfY THAT TH! POJM OF 1149 NYC! UST! n . nn a+010412D, 140WIT1 STANDINO ANY AEOUIIEMENT, TERM OR CONDITfON OF ANY CONTRACT OR OTHER DOCUMENT WTIH RISPtCT TO WHICH THIS CERTIFY„AT° MAY 9E MUED OA MAY PERTAIN, THE I%AANCE AFFOR'AD BY THE POUCIES DESCRIBED HEREIN PS SUI&MOT TO ALL M TlMd, , x EYaUSM , , , PAIO CWAIS. . SUCH POLICIES. UMITS SHOWN MAY HAVE M.M RlOUClD BY TfM OF IONS OF 6U POLICY NUMtM 001-10Y I POLICY lXnunON co I 0AVt WA YYI i DATE A.,.. ..A0 A li 1000000 OnruL IIAiAOr f0I1f10/'..00/~1,'OB ' OofB1K MOIlOA Ti COLgpIBTP x 7=M .A worm. UApARY PROOV"1lCCIFPb AOO.._ IS 1000000 Y 11,- ~cum MAN I . X i OWUa.. ♦ ' Pi1101ML { ANY RAW 1 100000 i..I I 100000 f WAq[B 1 COamuCtO~'G PROT. I LION OOOIJFPBKE 1 i I ; 1 PA[ bAMAft (AAY AAI MI ~1 , 00000 C'.... . 00191M 00+01106,,_I,MiOdoltsUMOA♦pr.eN{i 0..... 1000000 r LOMITD pLiUf 1 01i/lb AM Ii00AY BRAN X' NOMOXMID AUTOi 1 1 . . W" Loom PROP911Y OAMAN Is IEAtie LIABILITY 004 OOCUPPIR Ci {i I MOSAA FORM AOOKd11! II 1 rom YIWI waffLLA PdM ry r kufC G, F ti , tRAtVtOW LIARd i ' R XcRgIMi 0OIF4NMTgN I . ;1 w+av> u+Km 68Pa00T0~6i5 0kriH1 OB1~1118 pirrcABC , wa aaoYa ~s .1000 D ;.074101 DERS Am uw "A LOCATION 1000 • IOLLL RM.REPOIIrMa FORA`; Tt 35/017 0013141 OILPJtMO LIANT FER OCOIIRRdICt 3000000 ~ DwY01N11 000 MWPTI N OF OF'M1ATb/yAAMtgN gg f/glP6T Tom( q p~r~ ~ CrrY IENOAALceVA IAN A TOO KPOOtwX'YdESTA6 , DE AN DDfT10 MUREO0A6 E21 O INTERLLT WAY APPIAR. • YIIY♦.LA'Tt 3 14, . cII @'CY~Y: 4 EE0.JT,i1 MLxrJ !`C !i: i 1~ ^.1~ t~d , 0. 'YS' S r tSJ 0 P"n B! CENOl M Of?OR! iMt • • SHCUkD ANY OF EXPHNTION 0A THE AVOVI 010 COMPANY WRL ENDEAVOR TO INEE ISSU t '3 i CM Of DfNTON, TIMAS MAIL 16 DAYS WRITTEN NOTICE TO Tt1E CERflACATE HOLM NAMED TO THE ''r+lF ATTN; DAVID BALMON it", BUT FAILURE YO MAIL SUCH NOTU WU. IMPON NO OKPOATION OR Ill EAST MCKNINEY ?T. TX T89D1 UAAIUTY OF ANY XtND UPON THE COMPANY, I A00NTS OR FORMITAPM. DENTON 1 H R RE A yo r KEN LR.Ef, AGENT fif+11B7 1 Y ~ 4, d. A r I Ip t 9t Tra4 ~ 4 4"7 a 4y 7J`iO. A4 tl i LSD TOTAL, P.01 • i ~ ~~eticcQar.oo ' oppppp0 o r o s ~o~~O~ C a OC~o~~~~OQQON 60~~~~ppo 00 ~e • { 3L ' t o • AAAUCD97 I PROJECT NO. CONTRACT NO.~ E t THE STATE OF TEXAS S ~EY~JAPM___ENT CONTRACT COUNTY OF DENTON S Whereas, _ HERITAOt U b'& DP.VBI:b * i hereafter referred to as "Owner," whose business address is 2220 San Jacinto, Suite 200, Denton, Texas 76205 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Ownor 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, wate^ 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" I or "Contractor" shall mean the owner as named above; or • Whereas, the owner elects to make such Improvements hereafter i JRJ Paving Co. set forth by contracting with , whose business address is 11332 Mathis Street, Suite 100, Dallas, Texas 75229 , hereafter f 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 COOPER LANDING SECTION 3, PHASE C IN NORTH CENTRAL DENTON, TFXAS the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • I 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 Cry's ,Standard Specifications for Public 1ygrks Construction. North Central Texas, as amended, and all addendums thereto, and all other regulations, 1 ordinances or specifications applicable to such Improvements, such PACE 2 rf • Specifications, standards regulations and ordinances being ~ expressly incorporated herein by reference and being made a part of the agreement as though written herein. i (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 J Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work • I until such failure is remedied. If suca 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 J Improvements. PAGE 3 • • a i i i (c) Insurance. 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 Soecjrications for P~lklic Warks onstr~ North Central TeYr~ia 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) Moanm andlfethoda of Const+~,~~i That the means and I methods of construction shell be much as contractor may choose; f J subject, however, to the city's right to reject any Improvements for which the means or method of construction does not, ±n the judgment of the city Engineer, assure that the Improvements wer.p constructed in accordance with City specifications. 2• liL 11x1 Covenan~a st nv,. L_and Contract Owner and Contractor mutually agree as followst 1 (a) Pl~formance Bands s raw r qX=t, That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to he dedicated to the public, the following security requirements shall apply, unless the • r development is a "one lot development," as defined by City's i Development Code, e (1) amounto necessary to icomplete u the nImprovements, the • • • determined by the city Engineer, shall be submitted guaranteeing the full and faithful completion the Improvements meeting the specifications of tha 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 1 N i ` (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an i amount of $50,000 or less, as determined by the 1 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, pu-suant to. an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall C be used. (b) Pavmeat F3ondi 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 (1001) 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 • i connection with the construction of the Improvements have been paid in full and that there w are no unreleased recorddd liens filed against the ( improvements, or land to which they are affixed, •J 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 • material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that. they have been paid in full. (c) Retainaae: Final Payments. (This provision (c) applies i 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 tha 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) Encumbrances. 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 • I 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 • f Contractor shall upon notice by the City promptly cause such claim • • lien, charge or encumbrance to be satisfied and released -)r promptly post a bond with the city in the amount of such claim, PAGE 6 • • i lien, charge or encumbrance, in favor of the city, to ensure payment of such clal+n, lien, charge or encumbrance. (e) MaintenAnge 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 (101) of the contract amount of the Improvements, insuring 4 the repair and replacement of all defects due to faulty material ` and workmanship that appear within one year from the date of acceptance. The bona shall be in favor of the City and shall be I executed by an approved surety company authorized to do business in the State of Taxes. . (f) Indemnification, To indemnify, defend and PAvF 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 1 may be obtained against the City growing out of such injury or • damage. I • (q) Agreement Controllinn. That the provision of this • i agreement shall control over any conflicting provision of any contract between the owner and contractor as to the construction of the Improvements, f vAr.F 7 jot i • i 1 I I 3. Occupancy: One Lot Developments. Owner further agrees as follows: (a) That owner will not •nllow any purchasers, lessee, or i 1 other person to occupy any building within the development until { all improvements are completed a»d 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 City's 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 Citv. That, upon proper completion of the • improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. yM,us and Goyerninq 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 1 ti...l lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court J decisions of the State of Texas. PAGr. A • b. Successor a Assi ni, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective i successors and assigns. Executed in triplicate this, S ~ day of 19en~ I OWNER HERrrACE LAND & DEVELOPMENT CO, CONTRACTOR JBJ PAVINC CO. BY:_ BY: 'CITY OF DE , TEXAS BY CI AGER =J ATTEST: l_ A01 //I NIF ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS J HERBERT L. PROUTY, CITY ATTORNEY BY: i i 1 1 PAGE 9 tt~~ n. i • i • _ I W. AUG-71-06 0a'1© FROM, JRJ PAVINC INC I01 2190113987E7 PAGE 5 r F,X111RI'I' ,1 CONSTRUCTION of PUBLIC UTILITIES, STORM DRAIN and STREET PAVEMENT IMPROVEMENTS COOPER LANDING;, SECTION 3, PHASE C PAVEMENT and LOT GRADING ' Item Description ouan by Units Pine Amo nt 1 D4moloe++. Wwq, I ~,a 34L~,ao 3925,0o. Nmovu uW Wu1up 2 Exti Mon V4 FW .3'}o0 O.Y. ~~j t7 1$3 00 3 r Um4 8WOM 41600 O.Y. a Z.~R t 2 . oo 4 Cona.r Cwb Outw 21:46 4F. 0,25 Z o LOD ! 4' CMY $wowlk' 749 LF. 0.0Q "7 4- o, co 7 Wdru4MC PAMPO 4 . W r'Jfl PO IDoo,00 e' Trtma s.ay 1 La „ PjOc~ ob 500-co • : 2' AKlMM4M01fa b Co' N I Le, ~'6`- =b" . , PAVEMENT & LOT GRADING TOTALS '°4 r 'WI Avenue sidewalk along the beds of Lots 40-60, • (Write the Pavement and Lot Grading Total on Page 9). ' NOTE: All prices are for the particular item complete Installed In place in aocept&o condition. • NOTE THAT PROJECT GRASS INSTALLATION AND MAINTENANCE WILL BE PROVIDED r BY THE DEVELOPER. * '4f r ; • • AUG-14-86 14 38 FROM- JRJ PAVING INC IG2148888787 PAGE ,1 I The estimated w Olles shown In the tables were prepared for Bidder corwenlence, By signing the Bid Form, the Bidder attests that he has confirmed or corrected the estimated tes and has bused his bid on his own Independent analysis of ostintoted quanthkm. Where he finds a discrepancy, the Bidder ie encouraged to cross out ft estimated quantities shown In the teWe and Insert his own values In their place. .SUMMARY OF IND AMOtXTS Sanitary Sverser system Total - $ Ston» Dmin System Total • Water Dlslftilon System Total's Pavement and Lot Grading Tool . ~ gt it; 01's -L LLW SUM CONTRACT PRKX • ; a~, lei THIS 610 MILL DES ALL nT!MS NOT SPECIFICALLY EXCLIXE . The Bidder shag o the Work, including all incid** WAS knowh or culknown at the . Urne this Bid Is submitted, for the uWWloGwfLint0:4m'tStiuem utCoonhste red or'4PLrk:ra~~ . LUMP SUM WWRACT PRICI=: k~'"i 4rrr~~ ~ k~ T1 Ka (S9 W-m e-k (words!) (nun>bort The [udder ll complete the WoA for the use and enjoyment of the Developer wtthtn ~Yjw max !01 ttie pi yie-- f ow to o maM Form, ~Ya is a t Contract The Btddw prapwt !or aaoh day completion of the ork Is delayed beyond the stated number of days, the Lump .Sum Connot Price shall be reduced by Three Hundred and No/100.. boM#n (5 00.00), (Paragraph 12A of Ow Genarhl CondsUpow will apply to delay of project c omplatlon,) • Bid Excludes. i~ w f.~4-OLtf i- lrltrstZF~l'YVtrJm'lal~s►.Lr,S,~. 00 • signed; Date:_ _r(l . q~,, • 0 (The fJ FOR Is contirnuod on the Aoxt page,) a a a • • AUG-1-1-85 88111 FROM, 'JRJ PAVING INC I1)1 4148888767 PAGE 7 BID FORM SIGNATURE PAGE s ,I This Bid Is submitted this < day of August 1995: Y. Bidder/0 I try:4 _ ` Ig a of Officer (if a cciporatlon) Name: ' wt r, 1 v treat Address ' y I CI1y, State and zip coda 1 LA OBLO S9 -7 Telephone Number (Please affix corporate seal.) ' ' / • 1. i r 1 I II 1 . to il~5lty i - ; K rt nj'. rLit 5 • ACM IL. C `t`IFICATE OF INSURANCE. ear. P.L9DNY 8/21/1995 NLOOI/COI THIS CERTMCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COWERS NO ROM UPON THE CERTIFICATE HOLDER, TSB CERTIFICATE Rollins Hudig Hall of TX, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVLRAOE AFFWIDED BY ;LIE 2200 Roes Avenue, Suite 1700 POUCIBB BELOW. Dallas, TX 75201 COMPANIES AFFORDING COVERAGE (214)978-6600 Fax(214)978-6650 ANY A Zurich Insurance Company UEM TTR iOwAw 8 Zurich - American Insurance Cc NWBEL JRJ Paving, Inc. LC(WAWY~ P. O. Box 59934 Dallas, Texas 75229 c4>APM`Y D iI LETTER COMPANY LEITER E I I THIS IS TO CERTIFY THAT THE POLICIES O' INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRISEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C(,NDItIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REUUCED BY PAID CAMS. L T"16 00 BNIIMIAIICI ldJOr Willie" OATEr (WODIYT) "To IYROmDWYI urn LT TR A n",' LMwrr OE ERAL AOOTEOATE 1 2, 0 0 0, 0 0 0 X COMreLRCML ODVVL LIABILITY OLOBS7WM PROOUCT$COW/OF ADO 1 1, 0 0 0, 0 0 0 CLAMS AMDE X OCCUR'.. 08/29/95 08/29/96..'°tlONA'. " "LU"Y r 1,000,000 UAW" a CO IUCTORS MOT. EMH OCCURRENCE r 1, 0 0 0 , 000 FIRE DAMAGE IA I av N.) I 5 0 , 000 NEDEVIDOWI"onMwlf 5,000 AUTOYONS LIAKM -0~WED SNOLE i 1,000,000 A X ANY AUTO TAPSIX 0 ALL OWHEO AUTOS 08/29/95 08/29/96 Bomy ELANY Sa*DIAED AUTOS Pw WWI X HFFO AUTOS BODL.Y MANY X ROROW NED AUTOS (Per A Idb 0 DAAADE LWIAITY : PROPERTY OALVAE new Muwm EACH OCCIAEEWA 110 , 0 0 0, 0 0 0 A X IABAEIRAFORM CCSS2OISI 08/29/95 08/29/96;Aoawwit $10,000,000 OTHER THNN UMB ELLA FO M 00RI elY cowe"T10M X STATUTORY LIMrTS _ B AM WCtaMBINBT 08/29/95 08/29/96EA'A'x'DENT 11,000,000 OSEASE- POLICY IAAT 3 1,000,000 nrLL rrNV Lawry oUEA& - EACH EMPLOYEE I 1, 0 0 0 , 0 ( 0 OTM • f P oje ~cttConsytruua ion of Street and Sidewalk Pavement Cooper Landing, Section 3, Phase C, Denton, Texas EE ATTjCH"Nj 0 C ^ 0 • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SET(ft THE • • FXPIAAPON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Heritage Land & Development LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Co. , Inc. AI Burke Engineering ?LIABILITY OF ANY IUNO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, 1318 Auburn Drive AUnalm W"" WA Denton Texas 76201 q.}- ACCIIp 1{.B z M+~ }ipN►ONA'IfdN: HMO: Tr' d,. i 1I • 1 s NAMED INSURED: JRJ Paving, Inc. DATED: August 21, 1995 PROJECT: Construction of Street and Sidewalk Pavement Cooper Landing, Section 3, Phase C Denton, Texas Attachment to Certificate of Insurance Issued: Heritage Land & Development Co., Inc. % Burke Engineering Heritag.. Land & Development Co., Inc. (Developer 1 Owner); the City of Denton; Burke Engineering (Engineer), Coleman and Associates Surveying (Surveyor) and Respective Officials, Agents, Employees and Volunteers are named Additional Insured, excluding Professional Liability, as respects General Liability and Automobile Liability (Owned Automobiles) with coverage as Primary to any other insurance available as respects Operations performed by Named Insured, JRJ Paving, Inc. • Waivr: • of 5. bruiation is provided in favor of Heritage Land & Development Co., Inc. 1 (Develupcr / Owner); the City of Denton; Burke Engineering (Engineer), Coleman and • Associates Surveying (Sur eyor) and Respective Officials, Agents, Employees and Volunteers • • as respects Workers' Compensation coverage certified. kY~l.t.l~~s IIr!t~K;11.4t.t. ~ _ _ "'~'.YY ~`i4`. .}ri+~~'4.rh 111 ti~~fg'd'}~~'~2 y.~~~_i4-rid 'f t ' s • • 1 Bond No. 30659191 PERFORMANCE BC.-ID STATE OF TEXAS $ COUNTY OF DENTON S i [WOW ALL MEN BY THESE PRESENTS: That JRJ PAVING, INC. of the City of Dallas County of Dallas , and Stage of Texas as PRINCIPAL, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the HERITAGE LAND 6 DEVELOPMENT CO., INN. as OWNER, in the penal sum of Ninety Eight Thousand, One Hundred Fifty Seven and 52/100----------------------Dollars ($98,157.52-------- ) for the payment whereof, the said Principal and surety bind themselves, and ` their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal h,ns entered into a certain written contract with the OWNER, dated the LM day of 19~, for the construction of Street and Sidewalk ?Atrement at Cooper 1 --Aing, Section 3, Phase C which contract in hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreement■ in and by said j contract agreed and covenanted by the Prim-' al to be observed and performed, and according to the true into and meaning of said contract and the Plans and Specifications hereto annexed, then this • obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in ace :•dance with said provisions to the same extent as • if they were copied at length herein. • • PB - 1 i 1 e e PROVIDED FURTHER, that if any 1e941 action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, 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, aspecifications or obligation on this bond, ands it does a hereby waive anotice of any such change, extension of time, alteration or addition to J~ the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this { day of ' iZW jb2.v 19 1 L?-. I ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND JRJ PAVING, INC, and CCLONIAL AMERICAN CASUALTY AND Prin pal SURETY COMPANY Surety By f _ ti`ll~Li.r~G~ Title G.~ Titl! _ Don E. Cornell. At orn n-Fact Address-_ 11332 Mathis. Suite 100 Address: 12222 Merit Dr.,-Suite 1360 • Dallas, TX 75229 Dalins~ TX 75251 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Jerry P. Rose - Rollins Hudig Hnll 2200 Ross Ave., Suite 1700, Dallas, TX 75201 E NOTE: Date of Bond must not be prior to date of Contract. r• ~ • • AAA01916 Rev. 07/20191 PB - 2 k I t i i i 1 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND D; COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE. MD. 21203 POWER OF A'T'TORNEY KNOW ALL MEN BY THESE PRF_SF.N79', Thal the FIDELITY ANTS DEPOSIT COMPANY Of MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the Stale of Maryland, by C. M. PECOT. 1R., Vice-President, and Cr W, ROBBINS. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side bereor and are hereby c.nified to be in full force and effect on the dale hereof, do hereby nominate, constitute and appoint Jerry P, Rose, Tomi J. Braun and Don E, Cornell, all of Dallas, Texas, EACH...,,...,. . _ t re me -anM%WfU[ agent and Attorney-In-Fact of each, to oaks, eaemc. seal and deliver, for, and on its behalf as surety. and as its act and decd: any and all bonds and undertakings.. ,EXCEPT bonds on behalf of independent Executors, Community Survivors and Community Guardians,. A e execut on of such bonds or undertakings in pursuance of these prmehts, shall be as binding upon said Companies. as fully and amply, to all intents and purposes, as if they had boo duly exectaaed and acknowledged by the regularly elected officers of the respective Companies at tt~elr offices in Ballimore, Md., In their "n proper persons. IN WITNESS WHEREOF, the old Vice-Frosident and Asalstan; Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COM9ANY OP MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this ......-_-._...2nd........._.....- .day of.--------.---November , A.D. 19.84 ATTEST. F1D)h'LITY AND DEPOSIT COMPANY OF M LAND 05rAL C?~?~'AA-.-.-• By Assistant Srcrsrary Yirr uslAens n CtIE ~ COLONIAL ADIERICAN CASUALTY AND SURE MPA Litl r By.......-. AulaWar Secrerpry Vire lfruidrnr STATE OF MARYLAND COUNT`. OF BALTIMORE ! On this.1tad...... day of.... .Y!A1be.S_.... . A.D. before the subscriber, a NMsry Public of the Sloe of Mary land, duly commissioned and yual i Bod. game C. M, PEC01% JR., V i ce-President and C. W. ROBBI NS, Assisuni Secretary,. "he F ID EL t1 Y AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. Io me personalty known to he the inlividuals amt officers descnbed herein and who executed the preceding instrument. and they each acknowledged the execution of the same. and being by me duly swum, severally and each fe; himself depowth an! with, that they are she said officers of the Companies aro mid, and that the seals affixed to Ud preceding instrumem are the Corporate Seals of said Compi and that the said Corporate Seals and their signatures as such offuvers were duly affixed and subscribed In the said instrument by the authority and direction of the said Corporations. IN T1'.SUNIONY WHEREOF. I have hcreun.o set my hand and affixed my Offnciat Seal the day and year first above written. rr - / ..........................X..... nxao CAROL IPAJDI?R / NsNOrr YaMir • ~+a Oro My commission expires ..._AHYV;'.1.L.1. CERTIFICATE; I, the umle,signed Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full. true and correct copy, is in full force and effect on the chtte of this certificate: and I lb lanl%T certify slat tI)C V ice-Prcddent who executed the aid Power of Attorney was one of the additional Vice-Presidents specially suihurired by the board of Directors to appoint any Annrnerin-F'att as provided in Article VI, Snam 2 of the respective Itylrwsofdrc FIVELrrY AND DEPOSIT COMPANY OF MARYLANDand the COLONIALAMERWAN CASUALTY • AND SURETY COMPANY. • • This certificate may be signed by facsimile under and by outhorty of resvluum § of the, 13oard of Ditm nrs of the FIDELITY AND L )*:POSIT COMPANY OF MARYLAND a1 a mewing duly calld and herd on the l6th day of July. 1969 amt of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a mmorsg duly cdl-d and held on the 51h day of Decembcr, r991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Aoistant Secretary of the Company, whether mark heretofore nr Irtma Ncr, whcocver appearing upon a certified copy of any power of attorney, issued by (he Company, shall be did and binding upon the Com- pany with the ante force and effect as though in anually affxed." INTV,STIMONY WHEREOF, I have hereunto subscribed my nalooand affixed the corpor a sealsofthe aid Companies, this day of 19. S.~A..'tK................... nwirxs -168-0589 AnisWnr Srrrrrury I -s • . ri All s i • • EXTRACT FROM BY-LAWS OF FIDEIdTY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Bond, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vitt-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmltee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents. Assistant Vice-Presidents and Attorneys-in-Pact as the business of the Company may require, or to authorizeany person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deed!;, and releases sod assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,,..and to affix dw seal of the Company thereto." s EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI. Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vlce-Presidents or Vice-Presidents specially authorized see to do by the Board of Directors or by the Exceuiive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Atiorneys-in•Faci as the business of the Company may require, or to authorize any person or persons to execute on behairof the Company any bonds, undertakings, recognizances. stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,,., and to affix the seal of the Company thereto." s 1 `i i i r i ,t N -777 i i • 1 • 1 1 Bond No. 30659191 ~ l PAYMENTBOND I STATE OF TEXAS S COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That _rR r PAVING, INC. of the City of Dallas f County of and the State of ~~LiCA~6~POSIT COMPANY OF MARYL an 1~-7¢I~RICAN as principal, and cAsuALTy AND CDRETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are hold and firmly bound unto HERITAGE LAND 6 DEVELOPMENT CO INC, OWNER, Sn the penal slim of Ninety Eight Thousand One Hundred Fifty Seven 6 Dollars for the payment whereof, the said Pri'rdal and Surety bind themselves and their heirs, administrator executors, successors and assigns, jointly and severally, by t?:dse presents: WHEREAS, the Principal has enteped into a certain written contract with the Owner, dated theme day of .Nl~2Y 1912. Construction of street and sidewalk pavement at Cooper Landing, Section 3, Phase C to which contract is hereby referred to a;id made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, -IN that it the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for i:i said contract, then this obligation shall be • void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2233 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extant as if they were coped at length herein. PB - 3 , • i 1 i 7 Surety, for value received, 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, or drawings accompanying the same, shall in any way 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, the said Pri cipal and Surety have signed and sealed this instrument this 45 day of 19 Vol . FIDELITY AND DEPOSIT COMPANY OF MARYLANII JRJ PAVING, INC. and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Prinoipal, Surety , - By \ Z&6' 7 Title_ Title Don E. Cornell. Attorney-in-Fact 1 Address: 11322 Mathis, suite 100 Address: 12222 Merit Dr., Suite 1350 Dallas, TX 75229 Dallas, TX 75251 (SEAL) (SEAL) i The name and address of the Residnnt Agent of Surety isi Jerry P. Rose - Rollins HudiR Hall • 2200 Ross Ave., Suite 1700, Dallas, TX 75201 i AAA0184D Rev. 07/28/94 PB-4 0 r I' i The FIDELITY AND DEPOSIT COMPANY OF MARYLAND De COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES. BALTIMORE, MD. 21203 i POWER OF ATTORNEY KNOW At.[. MEN BY THESE PRESENTS, That [fie FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN I CASUACrY AND SURETY COMPANY, COrPOraliOns of the Slate of Maryland, by C. M, PECOT, JR., Vice-President. and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective Bylaw's of said Companies, which are se[ forth on the reverse side hereof and are hereby cenifted to be in full force and effect on the date hereof, chi hereby nominate, constitute and appoint Jerry P. Rose, Tomi J. Braun and Don E. Cornell, all of Dallas, Texas, EACH I e rue a aw v agent and Anorney in-Fact of each, to make, 6xaLute, sul and. deliver, for, and on its behalf as surety. and as its act and decd: any and all bonds and undertakings ...EXCEPT bonds on behalf of Independent Bxecutor3, Co®unity Survivors and Community Guardians.., A e execution of such bonds or unlertakings in pursuance of these prwrKs, shall be as binding upon said Comranies, is fully and amply, to Al intents and purrims, as if they had bW duly execrated wW acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md„ in their own proper persons. IN WITNESS WHEREOF, the said Vice-President and Asllat+rit Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this 44............... -.-day OL..__...__ November.............. A.D. 19.94 ATTFST: Irtp AND DEPOSIT COMPANLOF f.AN D SEAL i By..._..... xsdslatir Secretary Vtrr raWem ' ~ COLONIAL AMERICAN CASUALTY AND SURE 'OMPA ~CALjI 1 ,lssisrane Setrelan Vite midenr STATE OF MARYLAND ( i COUNTY OF BALTIMORE ss. On this.. hd.....day Of... NOygmbgy-- A.D. 19.94, before the wtnaribef. a Noury Public of the Stale of Maryland. duly commissioned and qualified, came C. M. DECO f, JR., Vice President and C. W. ROBHMS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MA. RYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me perwnally known m be the individuals and officxrs described herein and w'ho executed the preceding instrument, and They each acknowledged the cam." of the same. and being by me duly swum, severally and each for himself degrsedt and with. That they an the aid officers of the Companies aforesaid. and that the seals affixed to the preceding mslr inknt are the Corporate Seals of said Coronaries, aat that the said Corporate Seats and their signatures as such officers were duly affixed and subscribed Ns the said iattrument by the authority and direction of the said Cmporatinns. IN TESTIMONY WHEREOF, I have bereumo set my hand and affixed my Official Seal the day and year first above wrfoen. a+e _ d bb c.,.r'' . r'mtai''^c ~ My commission DER % Nr/ull YaAlir ~t CAROL 1. fission expkes.....AR1s9H..ly.1.994..... CERTI FTCATv.. the uafe rslgnW A%. sunt Secretary, of the FIDELITY AND DE":i COMPANY OF MARYLAND and the COLON [A L. AMERICAN CASUALTY AND SURETY COMPANY do hereby ccrlify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full Inrce. and effect on Ihe data of this cc rdllcate; and I do further certify that the VLet- PrnWent who executed the said Power of Attorney ,j was Tao of the additional Vice-Presidents specially aathor)ud by the Board of Dim ton to appoint any Auomeyin•Faci as prow Wed In Article VI. .She in 7 of the respective by. Laws of the FIDELITY A N D 0P.POSTT COM PA NY OF MARY LAN D and the COLON IAL A M ERICA N CASUALTY ` AND SURETY COMPANY, Thls certificate may be slgoed by facsimile under and by aull mnty of resolutions of the Bard of Duectnn of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on do 16th day or July, 1%9 and of the Bond of Directus of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of December, 1991 R1S0!.VED: "That the facsimile or mechankalty reproducetl signature of any Assistant Secretary of the Company. whether made heretofore tar herenher, whenever appearing upon a cenifod copy cr any puwcr of ammney issued by the Company, shalt be YaIW and binding upon the Com- pany with the same force and effect as though mawally affixed." IN TESTIMONY WHEREOF, [have hereunto winwribed my same and affixed the cn wah of the tad Companies, this ................day of 19....... jmO ixl °168-0589 A» Inau Serreary momp~ , r~ , a~ • • , EXTRACT FROM BY-LAWS Of PR'EUTY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of tie Board, or the President, or any Executive Vice-President, or any of the Senior Via-Presidents or Vitt-Presidents specially authorized so to do by the Board of Directors or by the Executive Commminee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries. to appoint Resident Vice-Presidents, Assistant Vice-Presiders and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognimces, stipulations, policies, contracts, agreements, deeds, and releasesard assignments ofjudgements, decrees, mortgages and ( Instruments in the nature of mortgages,,..snd to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VL Section 2. The Chairman of the Board, or the Psesident, or any Execulive Vice-President, or any of the Senior Vice-Presidents Or Vice-Presiders specially authorized so to do by the Board of Directors or by the Execulive Committee, shall have power, by and with the concurrence of the Secretary or any One of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Pmsidems and Anameys-In-Fact as the business of the Company may require. or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings. recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgemems, decrees. mortgages and instruments In the nature of mortgages,..,and to affix the seal of the Company thereto." i i I i r II. f • y,.... J1 rr-` 2; tY S , ,eft JYk'/',.~y,,, > - '.1' i~ 1 e 1 Bond No. 30659191 MAINTENANCE BOND I THE STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That JRJ PAVING, INC. FIDELITY AND DEPOSIT COMPMIY OF MARYLAND and as Principal, and =NTAL AMFETCAN ('AS,rAI TY ANn SnuFTV COMPANY a corporation authorized to do business in the State of Texas, as I Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of Nine Thousand. Eight }Iundred Fifteen and 151100----------- Dollars ($9.815.15------- ten (141) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: • WHEREAS, said HERITAGE: LAND 5 DEVELOPMENT CO., INC. nas this day entered into a written contract with the said City of Denton to build and construct Street and Sidewalk Pavement tit Cooper Landing. Section 3 Phase C whic.t, contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said CAty and are hereby expressly incorporated herein by reference and mar,'e a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the contractor will maintain and keep in good repair the work therein contracted to be done and performed for a w period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective r materials, work, or labor performed by said Contractor, and in case the said Contractor Mall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MH - 1 61 • f accordance with said contract and supply such materials and charge the same against the said Contractor and its surety an this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract i and this bond. NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, than these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive brseehem 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 void time. IN WITNESS WHEREOF, the said JRJ PAVING, INC. as Contractor and Principal, has caused these presents to be executed by a ma and the said FIRFAM A IN as surety, has caused these presents to be executed by its Attorney-in-Fact Don E. Cornell and the said Attorney-in-Fact has hereunto set his hand this, day of Seg4VAI-Ay , 19'. SURETYt FIDELITY AND DEPOSIT COMPANY OF PRINCIPALt MARYLAND and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY JRJ PAV , INC. ✓7 Don E. Cornell, Attorney-i.n-Fact i' • Attorney-in-Fact ~ 'A 9 1 i AAA0104D Rev. 07/20/91 MB-2 • • The FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~a COLONIAL AMERICAN CASUALTY AND SURETY COMPANY CtMtPs"gieft HOME OFFICES; BALTIMORE, MD. 21201 POWER OF ATTORNEY KNOW AL.L MEN BY THESE PRESENTS'. Thal the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN % CASUALTY AND SURETY COMPANY, corporations of the Stale of Maryland, by C. M. PECOT, JR., Vice-President. and C. W. ROBBINS. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By•Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified m he in full force and effect on the date hereof, du hereby nominate, constitute and appoint Jerry P. Rose, Tomi J. Braun and Don E. Cornell, all of Dallas, Texas, EACH...,.,.,,.. the rue arid lawful agent and Attortn in•Fact of each, to make, gfReetae, sal and. deliver, for, and on its behalf as surety, and usitsactanddeed: any and all bonds and undeFt&kings,.,.EXCEPT bonds on behalf of Independent Executors, Community Survivors and Coemunity Guardians, A e execution of such bonds or undertakings in pursuawgis of these pregonLY, slut[ be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed argil acknowledged by the regularly elected officers of the respective Companies at their offices in Halflmore,, Md., in their own proper persons. IN WtTNFSS WHEREOF, (be said Vice-president and AsristlM Secretary have hereunto subscribed their names and affixed the Corporate Seats of the mid FIDELITY AND DPPOSIT CdMPANY OF MARYLAND and the COLONIAL. AMERICAN CASUALTY AND SURLTY COMPANY this ....Zfld........ ..........._day of............. ovember..............___.-...... A.D. 19.94 r1TrF'sr. FIDELtfY AND DF.P05I'f COMPANY OF M LAND By......... Ai1'11Ssr"Sircreiary lire restalenl NIAL AMERICAN CASUALTY AND SUR'OMPA ~COLO By Asrbram .Srrraan, Virr ruidenr STATE. OF MARYLAND Ss COUNTY OF BAI:rIMORF } On this.. M...... day of.... NOVe>nbe r,,,,,,,,,,,,,,,,,A.D. 19..%, before the subscriber, a Notary Public of the Slate of Maryland, duty commissioned and qualified, came C, M.PECOT,JR..Vke-PrcFdentand C.W ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY. to me pcrsomlly known to be the individuals and alfcers described herein and who executed the preceding imtrumrnL and they each Acknowledged the execution of the same. and being by me duly swum. severally and each tot himself depowth and saith, that they are the said officers of the Companies aforcsaki, and that the seats affixed to the presiding instrument arc the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscritad to the said instrument by the outhorny and direction of the sad Carpor.awsas. IN TESTIMONY WHEREOF. I have hereunto set my lord and affixed my Orftciat Scat the day and year ,,fno. above written. /Y !C ^+~lY CAROL J. FADER ~ Nraary Yahfir 7 My commission cxplres.....A1JB4S.l.L.l.99,6..__.._._........... CERTIFICATE L the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and she COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the dale of thh eenl0caw; and I do further certify that the Vice President who executed the said Power of Attorney was one of the additional Vkc-Presidenn speciiliy authorized by the Board of Dircetors to appoint any Allorney-in Fact as provided in Anicle YI, Secoon 2 Of OW rCSPWLtve By~Laws of the FIDELITY AND DEPOSIT COM PANY OF MARYLAND and the COLONIAL AM ERICAN CASUAUY • AND SURETY COMPANY. • • This eenifeate may he signed by facdmile under and by authority of resatullims of the Huard of Dircaors of the F'IDF.LrTY AND DEPOSIT COMPANY OI' MARYLAND at a wet ng duly called and held on the Frith day of JWy. 1969 and of the Board of Dircctors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That she facsimile or mechanically iept duced signatare of any Asstuanl Secretaryof the company, whether made heretofore w hereafter, whenever appearing uptm a certified ropy of any "of of attorney issued by the Company. shall be valid and binding upset the Com- pany with the -ante force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereuntn subscribed my name and affixed the cirritorgi sJetil'.s ordic aald C'ompanles, this _day of 19_...... LtUUMrxt -168-0589 lJ _ Asrtrrnnrseerewn• • _ r Its t , t • , EXTRACT PROM BY-LAWS OF FIDELITY AND DEPOSIT C01<PANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vitt-President, or any of the Senior Vice•Presidenu or Vise-Presidents specially authorized so to do by the Board of Directors or by the Executive Commminee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents. Assistant Vice-Presidems end Attorneys-lo-Fact as the business of the Company nay require, or to atnharize any person or persons to execute on behalf of the Company any bonds, undertaking, recognirances, stipulations, policies, contracts, agreements, deeds, and releases end assigmnems of judgements, decrees, mortgages and instruments in the nature of mortgages,.,. and to affix the seat of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VL St6on 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shelf base power. by aid with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidens and Anorrrcys-in Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizaruces, stiputations, policies, contracts, agreements, deeds, and releases and assignments of judgemens, decrees, mortgages and instruments in the oaWTe of mongages,...and to affix the seal of the Company thereto." i I t 1 - I i 11I 1 J 1 i IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINTt YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS ATt i 1-800.252.3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCEt P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOUED CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE 1 0 ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. i • • • i All • i' i I 1 ~ , ,!w:airM.ri%~if ~d'iV1;.a+VI5-0(h..Y✓.1Rfii:A~c.6MWl'1A.~~"::Sk !R'i.~. pv+mr'k J o0ccouTooo 000, ro r°n~~ a o O~OO~oooo c H t Q~oOO O QQ000~~4 • ~ ~ it V • • PROJECT NO. Jr CONTRACT N0. ;~G.3 THE STATE OF TEXAS g COUNTY OF DENTON DEVELOPMENT CONTRACT y~yy)) , whereas, f !l! 1~;~ Lam: r / r 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 insure 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 E ordinances; and i (select applicable provision as follows] • • • I whereas, the Owner elects to corietruct 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 (~-7 Whereas, the Owner elects to make such Imp ovements here- after set forth by contracting with - ,A,~jl¢ a~ whose business address is OX ZJ~ c' ~,r7j- 7 Z07i , hereafter referred to as "Contractor", and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by I:he 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 ~Cls t ~o, L -r , the Owner, Contractor and City, in consideration of their mutual promises and covenants contained hu•ein, agree as follows: • 1. Covenants of Contractor. Contractor agrees as follows: • • (a) Specifications. To construct and install the Improve- , - ments in accordance with the procedures, specifications and PACE' 2 { y j` I i i iI JII 1 standard contained ,.vision II and III of the City's Standard Specifications for Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such 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 Improvaments 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 ad to the quality and acceptability 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. An.- 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 alluv 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 PAGE'3 i i i 1 i 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. (c) Insurance. 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 Central 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 i i kyj rerxo=ancc honn, i.scro4: rtgrssen;enz. 71n,"t ii oui.Lainb permits are to be issued for the development prior to completion PAGE 4 i • j 1 i • j d I!{II I and acceptance of all Improvements that are to be dedicated to the public: (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 shell be executed by an approved surety company authorized to do business in the State of Texas; or (ii) if the cost of completing the Improvements, at the time building ;ermits are requested, is in an amount of $50,000 or leas, 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 insuring 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 (100x) 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 less than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and • all debts die 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 PACE 5 • • r' Improvements by the City and that, prior to acceptance of the improvements, the Owner and Contractor shall furnish a written affadavit, in a torm provided by the City Engineer, stating that all Dias, Charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements nave been paid in full and that there are no unreleased recorded liens filed against the Improvementa, 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 material for, the construction of the Improvements, and, when requested, a written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) 12etaiaage, Final Payments. (This provision (c) applies only where the Owner and Contractor are not the same party,) That as security ror 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 snail 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 inoney 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) Encumbrances. That upon completion and approval or • • acceptance of the Lnpruvements of the City, the Improvements shall I PACE 6 • 1 Decome the -property of the City free and clear of all liens, claims, charges or encumbrances of any kind. It, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land aeaicated to tna City, to which they are affixed, the Uwner and Contractor shall upon notice by the City promptly cause such claim, lien, charge or Encumbrance to be si tafied ana released or promptly post a bona with the City in the amount of such claim, lien, charge or encumbrance, in favoc of the City, to insure 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 Corm and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the improvements, insuring the repair ana replacement of all aetects due to faulty material and workmanship that appear within one year from the date of acceptance, Thi Nona shalt be in favor of the City and shall be executed by an approved surety company authorized to ao business in the State of Texas. (f) Indemnification. To indemnify, detend 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 cn account of any injuries or aamages received ar; sustained by any person, persons or property on account of the i PACE 7 j 11; i operations of the Contractor, his agents, employees or sub- contractors: or on account of any negligent act or fault of the I Contractor, his agents, employees or subcontractors in construction of the Improvementsf and shall ray any judgment, with costs, which may be obtained against the City growing out of such injury or d.smage. (9) Agreement Controlling. That the provisions of this agreement shall control over any contlictiug provisions of any contract between the Owner and Contractor as to the construction of the improvements. 3. Occupancy. Owner further agrees that Owner will not allow any purcnasers, lessee or other person to occupy any building within the development until all improvements are completed and accepted oy the City, and that upon violation thereof will pay the City $30000.UU as liquidated damages, but such payment shall not ue deemed approval of such occupancy and the City may take what- ever action necessary to restrain such occupancy. • 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the city agrees to accept the Improvements, S. Venue and Governing Law, The parties herein agree that this contract shall be entorceaole in Denton County, Texas, and if legal action is necessary ►n connection therewitn, exclusive venue i PAGE 8 • • shall lie in Denton County, Texas. The terms and provisions of j this contact shall be construed in accorac.nce with the laws and I court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding upon I and inure to the benefit of the parties hereto, their respective i successors and assigns. EX@Cutea in triplicate this, day of 19~ OWNER/ed 17)6o WeLus CONTRACTOR jl)..gqQP- ~ bJ,~ c) i I BY: BY: 474,141 CITY U N, T 'AS Y: CIT ANAGER ATTEST: 12 I • , CITY S k TARP FZ~OF D ON, TEXAS APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • CITY OF DENTON, TEXAS • • 8Y. U, PAGE 9 I I r • 77 i • SEP. - 08' 95 (FRI 1 16 59 RAMEY & KING TEL,1 817 243 1050 P. 001 i A ~p. NNW TIN TMI ODtOLDNI,•„„_____.-,»,.,........ 7o a IINT#O AI A WTTlR OF WOMAIM ONLY Am 011 A A~rroltrl roLxllt naoTtr,,,,„ TNI DOTS . ..._..._....,..,......»_-M„ w TM•....., I,......__.....,,. NAtMn A KM IOIONJINOI t~ERAW W a ►aR INMO • COMPANIES AFFORDINCa . tlwUen 71 TNIFT/t/ _ ..1.....,, .Cc Aw+ Lrmw A TAr Two*" MBtNAttBI . M■Im . . _ CAI b I...awwr O oatlDlt TX TNDI t u aa*wd E umw 110" M To curt" TNAT TIM mucks OF IWUTAAa MID BaLm NAK W CONIMM11D Yo TIM BM D ~VAM Rq~l'W 70 "It 10 M MMj MoICATM, NOTMTw,ocm ANY NEdJoo", mw ON cmNo" OF AMY U OA O TTB31 t Mr K AMT W ALL nt tewl, COMWATE MAY N MO OR MAY FWNJ, TIE 04UR04m Amom BY M/ MUM OElCIIIIW f](CIIm.NXM AND COTTON10N,8.O/ INCH 101k1/1; , UM11.7 i110ATI NAY HAYC MNl ITEDUCED ►f,l!!b ClNM9. _ NMIM 1'01AY •P1M1DN l•Iti co Al YAI0/ M♦111AM0/ PC= *AMP ' DAri wo*fm } OAA~t7 7 ..1tY9tAA r » . 10g1Ai , DewAsatow+A A NII001 Al,wwKUrartr...... y . ».....~A., tN11r Tc eaMrmAC OeMK loom ~ I6 _ _ . .lki !S ; 1......A CAAM APDI j X ;OCZSR ~k v~ woos16 ~.i. , . T rm mua (w w Ad is 10111 j ; iii rirsls (Ab w .........I I a.. Imo..»~ tllllm A • • ttlgtl•1 Cad NrtoMoua Brim i ~ a>rr1 it Na Auto ! . i Au 000 Avra i j IDDAY Dam popi M70AY t 'O1 i M No" i GAAW HYUR 1 noMtr twuDr , f ' A rrn r i, ...Iwo low 1 t~W I T'NICtD11/1Cg14 i AsaMOAtB ii IN11101 V, u~ i worst+eo,+~wTOr . , . , ` YIIUSM1slc+los i toevAl ; ts~TM j'a.a t•. ~ A i I oii•Ai1 tclei uitrt ~ I'G► 1NOIN. BA%oIM uxUn o yi . ON QVLOM i1 100MIC • f . { i i OGIb1ITld1 O! oASwTONrIMAnNVA at1W1PWWL fn91! ADDTTMNAL MMMMI CRY OF ODFM • un OAKt A • • IF" WWARRAMERMIMM *WAD ANY oA iM MM IOUOM/ BE WA C KMK TI! Bi9MM OATI TIIIAEOF. THE MMNNB COA~ TMIL pauvOB TO t! DAYS WOM NOTICE TO TM OINTMICATE HOUM NAMBD TO THE OrrY OF DEN70N 1AILLN To MAA MCGH NOTICE AIPON No W WII% OO ARM: OAYI MOM IQ" NumewAL SWLDNO dAmm ANY Wm L)" M r , m AOIM11 OR tIEIMI AWATM1A OENTON 1X mm A ...,......_..._....-..r.a+u.VrxNlx/aXfY1R/MrtM»x,M~r~MiY.Yrt~vO[CieRfTN/,WI'AMMY / ~.r~.yr. 1 r 1 1 1 AAAO19DE BOND No. 307324 PROJECT NO. JJ 1~ 1 CONTRACT NO. .1G J PERFORMANCE BOND j I E THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ That JAGOE-PUBLIC COMPANY P. 0. Box 250, Denton, Texas of Denton County, Texas, hereinafter called Principal and SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York and authorized to do business in the State of Texas, here ter 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, Two Hundred Seventy- Six Thousand Seven Hudred One and 60/100 fS 276,701.60-------~ Dollars, lawful money of tas United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, am. successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain. contract with owner, dated Ist the ,•,s of September , 19 95 , in the proper performance of %.I h the City of Danton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Portable Water and "anitary Sewer; Street Paving and Storm Drainage at East Oaks Phase II, u„nton, Texas, i NOW, mHEREFORE, 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 Plana, 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 1 - r I • and during the life of any guaranty roquired 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 b`ing hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, the- 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 execuCed in triplicate, each one of which shall be deemed an original, this the lat_ day of September , 19 95 PRINCIPAL SURETY JAGON: PUBLIC CO. nr.oneon SURETY COMPANY BYt HY.~ ATTORNEY-IN ACT Beverly Hayes ATTEST: SEC ETAR1 • I NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT HE PRIOR TO DATE OF CONTRACT. I • • • PAGE TWO i i 1 AAA019DF BOND NO. 307324 PROJECT NO. J CONTRACT NO. 13J PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON 5 THAT JAGOE-PUBLTC COMPANY P. 0. Box 250, Denton Texas of Denton County, Texas, hereinafter called principal and SEABOARD SURETY COMPANY a corporation organized under the laws of the State of New York and authorized to do businoss in the State of Texas, here ttiafter 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, firms 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 Two Rundred Seventy-Six Thousand Seven Hundred One and 60/100------------------------------------ 5276,701.60--------- j 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, ddminintrators, and successors, jointly and severally. • THE Condition of this obligation is such that: WHEREAS, the Principal entered into z certain contract with owner, dated the 1st day of BSc teener , 19 95 , 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: Portable Water and Sanitary Sewer; Street Paving and Storm Drainage • • at Nast Oaks Phnse 11, Denton, Texas. PAGE ONE I • I 1 1~ w, 1 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 ife any to remain in legal action be l filed upon this effect. shall -be void: Provided further, ootherwise 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. III WITNESS WHEREOF, this instrument is executed in triplicate, each one of which stall be deemed an original, this, the let day S of September , 19 95 PRINCIPAL SURETY JAGOH-PUBLIC COMPANY SEABOARD SURETY COMPANY 7 /f, J By: BYi~ ' ATTORNEY-Il -FAC'~ I Beverly Hayes , ATTEST: SECR T Y i NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO i • J I I I AM019DF BOND NO. 307324 PROJECT NO. (2 CONTRACT NO.. , CONTRACTORtS MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 5 tWow ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 That JACOE-PUBLIC COMPANY P. 0. Box 250, Denton Texas of Denton County, Texas, hereinafter called Principal and SEABOARD SURETY COMPANY 11 11 a Corporation organized under tha laws of the Stata of New York and authorized to do business in the State of Texas, here nafter called "Surety", are held and firmly bound unto h City of Denton, Texas, a Municipal Corporation, in Denton CDuety, Texas, Six ereind called "City" !n the pr^nal sum of e (S 27,670.16-------- 1 Seventy and 16/100---- Dollars, lawful money of the United States, the said sum being ten percent (lot) of the total amount of the herein-after 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 certaiZ9co tract with Owner, dated the lot day of -sStember , 95 in the proper performance of which the City of Denton, Texas, has an interest, a ropy of which is hereto attached and made a part b,~reof, • . for the construction of: and storm Drainage Portable Wnter and Sanitary Sewer; Street Pavinp, at East Oaks Phase II, Denton, Texas. PAGE ONE p i NOVO 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, baekfilling, 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 sail 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 per :od, 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 filed on this bond, venue shall lie in Denton County. IN WITNESS 91HEREOF, this instrument is executed in triplicate, ; each one of which shall be deemed an original, this the tat 'day of September , 19 95 PRINCIPAL SURETY JAGOE-PUBLIC COMPANY k SEABOARD SURETY COMPANY w + • • BY: C. ~ ~ • ~ ~ BY: ggyy eevve0r y Hayes PAGE TWO F • M I 1 \ ,lfr NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. I ATTS SECESTARY • i PACE THREE kk it ~ ,'fir if ♦t 5S k~' ~9~d\. it~~~,i , 2®- 2938 No. 11956 ADMINISTRAME OifICEBr YEDMINSTER, NEW JERSEY { POWER OF ATTORNEY # KNOW ALL MEN BY THESE PRESENTS: Thal SEABOARD SURETY COMPANY, a corporation of the State of Now York, hes made, constituted and appointed and by these presents does make, constitute and appoint John R. Stockton or Pose ary Weaver or L. Ray Pitts, Jr. or Beverly HWAS of Dallas, TBxas its true and lawful Attorney-In-Fact,romake,execute anddo"wronhel I kwon t poNcis's PA"eomilkorkktbddr4p&W ethel lnaVumertta of similar nature as follows: fr iut Limitatims 1 Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the eforeaald Attorney-in- Fact, shall be binding upon file said Company ea fully and to the some extent as It signed by the duly authorized officers of the Company and sealod with its corporate al l; and all the acts of said Attorney-in•Faot, pursuant to the authority 1 hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and Including January 15, 1982 and are still In fult force and aftwt: y ARTICLE VII. SECTION 1 1 "PolicNe, bonds, recoenuances, sop111aaons, con enM M axNyr, wWwwrtarla s rldshxstkses sea relaliSa aufaee. Insu rence policies.bonds, reto9ni ran ces. stipulations, consents a•uraty end underemilHq uro ritakingsofthe Company, and nlMSes, agreements are! other writings relating In any way thereto or to any claim or loss there M, "100 signed in the anW and on behalf of Ihe Company la) by the Chanmonof the Etoerd.tha Presidei trwe-Pro rani Ora liosldenl Vice-PrMidenl andbylhe Secretary. smAesialanl Secretapq a RWcWnt 1 Secretary or a Resident Assistant Sscratsry, or lot by an Ahonessi- 4f -11& We Dmmpsny appointed and authonsed by the Chairman of file Board, Ihe President or a Vice-Plesidenl to make Such !ngnature, or (e) by such oh , OxK.brs 0- rspreaenww" a the Beard may front time to time determine. The seat of the Company shatl it epphopriale be affixed thei by any such officer, Atlorrxly-ii or roprowtallva' S IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of III Vice- Presidents, and Its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, [his 2 tb,_.. day of January .1994 su rrr, r ro + ~s Attest SSEAPgARD URETY COMPANY, 19 2 7 c'; t/ne'n` J ~orSMs (Seat) latent Secrllary~~, Vrte-PrMrWM STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 28th day 01 18.94,. before me personally appeared t Michagl Keegan _ e Vice-President of SEABOARD SURETY COMPANY, with whom I am personally scinualyded, who, being by me duly sworn, said that he resideb in the State of . Blew.Jer96y_.... ; that lie is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing inslrumenl; that he knows the corporate seal ul the said Company; that the seal affixed tosaid instrument is such corporate test; y 1 that it was so affixed by order of (he Board of Directors of said Company; and that he signed his nome thereto as Vice- Pressiclent oi said Company by like authority. 1111MI VA FAYL LEE NOtAl" WK Of Isw )"5" S (Seat) GL""j hap eeatwiiiii" Eaplrle Nary a a;~ CERTIFICATE IIAssislaol 5(!Cretary of SEABOARD SURE TY COMPANY do hereby consist, that the original Power of AllorNy, of which the foregoing is a hill, Irua and correct COp)is in full do i c e and effect On the date Of this Cenifkalf or" 1 do Further Carl, ly that IM if Con-Prewdeol who execOled the ub Power of Attorney was one of the Oil con authonred by the Board of Director to appoint an enoray•in•Fact a provrc'ed to Arlicle VII, Section 1, of the By. Laws 01 SEABOARD SURETY COMPANY This Cenilicale may be signed and snared by lacsimile under and byeulhority of ire following seaoli of the £xecutlvSConmihN of the Boastful Directors of SEABOARD SURETY COMPANY at a meeling duly Called end held on the 25th day of March 1970, 7 • "RESOLVED W) Thal the use of a printed facsimile of she corporate seal Of Ihe Company area of the lugnoture of an Assistant Secretary on any i • corl,ficabon of the Conetlnees of a copy of an inhumane executed by the President or a Vice-President pursuits to Article VII, SectlOe t, of the eyLsars a PPOmling and authonvng an attorrilin fact to sign In the mine and on behalf of Ihe Company surry bonds, underwnilirp unWrtaking i or other instfumerle c'escribed in said Article VII. Sactmh I. with like assail as if such test and such signature had been manually affixed and made, hereby to Wthurired and approved 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this _.......let, . desYD1 ..$.eptembex,.,.... ass rr C g + a b 1927 s Aeai aM Se{refary c, xs~~ ha vuriAcnll~hrf hill 111111011 Cily of 11) 13 POwor of Attorney you nlay rail. m9ocl, 909 fiat 9509 end ask for tho Power of Aflornoy clork P Inf5Y1'l~ddflf f1'MAabww rd Aliowoy nurntx,r. Iho elwvu namGd Individual(s) and dolails of ho bond to Yadeh Iho Wwor Is attachod. In Now York, Olal 212-627.5444 4 I I JAGOE-PUBLIC CO. Hol Mix Asp Moll Peoouollon, Sales 8 Road ConalruClIon since 1923... F3020H.WorihDr. P.O. Box 250 0 Denton,'PX 76202 Main 8 (817)382.2581 Fax M (817) 382.9732 To: Lee Meadows Homes, Inc, hate: 8/30/95 We propose to furnish the necessary labor, material, equipment and incidentals to construct the following work. Description of work: A. Potable water and sanitary sewer; B. Street paving; C. Storm drainage IAcation: Denton, Texas - EAST OAKS PHASE ti Quantities and prices: See attached spreadsheet. r' For your convenience, the above quantities have been estimated. However, this proposal is on a unit price basis with payments to be made on the actual measured quantities of work completed. On the last day of each month, partial estimates shall be prepared including all of the completed work plus all of the material on hams for the uncompleted portion and shall be paid in full not later that the seventh day of the following month. Final estimates shall be prepared Immediately upon completion and shall be paid within 10 days. All estimates not received on due date shall bear interest from due date until date received at 18% per annum, or highest legal rate. It is also agreed by both parties to this agreement that any and all costs of litigation to obtain moneys due contractor shall be at the expense of the owner, and the items installed under this proposal remain the property of the contractor until the contractor is paid In full. This proposal is also based on all engineering, grades and alignments being furnished by the owner, together with all necessary permits from the City, County, State or other interested parties. All necessary testing will be paid for by owner. Your acceptance of this proposal by signing and returning one copy to us within (10) ten days and the approval by us of your credit and arrangements to pay, will constitute a contract between us. This proposal is subject to cancellation if a National Emergency or other activities should cause materials to become unavailable. ACCEP'I'EDo (Owner) JAGOE-PUBP.IC CO 4Contr (or) By.~y. . By. CTitle: d-Ds'ar4. Title: L. -PIA. Bank Ref.: Date: I • • • , 67 • • 1 Lee Meadows Homes, Inc. 1 PART "A" POTABALE WATER AND SANITARY SEWER WATELINE (PVC) FACILITIES Items Quantity Unit Unit Price Extension Connect to Existing System 2,00 EA $200.00 $400.00 (remove Plug & Block) 8-inch Watermain 250.00 Lf $15.00 $3,750.00 6-inch Watermain 1,109.00 LF $13.70 $15,193.30 8-inch Gate Valve 1.00 EA $450,00 $450.00 1 6-inch Gate Valve 3.00 EA $370.00 $1,110.00 8x8x6-inch Tee 1.00 EA $200.00 $200.00 6x6x6-Inch Tee 2,00 EA $180.00 $360,00 6-inch, 90 degree bend 1.00 EA $130.00 $130.00 8-Inch Plug 1.00 EA $150.00 $150.00 Fire Hydrant (6-inch, City Standard) 2.00 EA $900100 $1,800.00 1-inch Water Service Tap * 33.00 EA $160.00 $5,280.00 1-Inch Water Service Line 693.00 LF $10.00 $6,930.00 TOTAL WATERLINE FACILITIES ^$35,753.30 • 1 i Page 1 J _rw--•r+va:w l>l:• - _ 4 ~,~w\ 1. T.. T^~ ) ` ~ V~1 f~\~~~~~~ e`'° J~!1 Y Ra I i I I i iiMryQ't S&'AIF* rarXrF-S rrsnn Ar-" , _mc _rtrt' cr ssarrsrcn 'iJ rrar,- }a r-nq Syvo^ 4y. *,W, ewr Yrr1 'irowfrr"it4r,,~A ite A*ftj 74? 1i0) F Sts;i $1=,a*4:c_ P.r~hS.swrV1,{0!°vP,~tstDOAO) :iPer~ kf 'x213.45 Sa,9t)7 ,30 1 /r rrtwt+vfx a"* E*sXiy ' 23 fXj LF $;Z6,45 S3.2'53._15 Kw* e* • rrty of Gfwetrr, 3 Cal EA 59501.00 52.85t10G 'Aavejwd (6 f&tt 60*P) Abe". Flarty* TfAws 100 EA S20n.00 s6C10,00 SrtarwlarA l.84av► rut 1.00 EA $300.00 S3CV.00 e 4.wwh S4rvre wye (Tap) " 33.00 EA $130.00 $4.290.00 4.iro.*h lrer✓irr, L *w 911.00 LF 515.00 513.565.00 fl-wh 5fllt 26 PVC Sewer 60.00 Lf $26.45 $1,587.00 frerah Safety 1.00 LS $600.00 $600.00 rr)lAf. SAWFAKY SEWER FACN_fTIES ^$54,517.00 row. PARE "A" WATER AND SEWER $90,270.30 "fkrns not Indwif" meter rxra as shown On plans as per engineer. I wpe & mark curb only, "No rf{ile, clean-air as sbcmn on plans as per engl.ieer SerVICn Ilan and mark curb • inrlu bm r.V, Resting • Page 2 Aft • e !'!1iDAA. '~✓,Mt!ri/ :NP .l7PY 1~'CITq~ f' !SL a~.v~ ~`'~'s "f~'T~~fR.ffr ~.P~a~YJ.y'/tfL►~~ {A ,r kl Vii. iJL1A?.1~~ F•4 ~.S.VtJ. t>L. i rssc ,.,rr~ ';ssr ..N r/...•: ;r ~ 'ai sr ~ va...rf3 /.'~:rtifil '.~.'ii t,l/.'~ >'f ~R .yi ri «.~IT F A, ✓r Nt .i ;fir ; x 7l iS : /1. SrIAL SY'a(~ X, • 1 11#00 3 _.....-„r al..y~ ~.r~r.,..<.. ~.~w.♦ ,I' s[~y~~1 } 1\ f;•yf 4 5 ~ i•.r~ 1 Lee Meadows Homes, Inc. PART "C" STORM DRAINAGE E Items Quantity Unit Unit Price Extension t 8-foot Curb Inlet 2.00 EA $1,995.00 $3,990.00 i 8-foot Curb Inlet (special) 1.00 EA $2,100.00 $2,100.00 1 5x5-foot Junction Box 3.00 EA $1,837.50 $5,512.50 18-Inch RCP Class IV 49.00 LF $31,50 $1,543.50 24-inch RCP Class IV 64.00 LF $36.20 $2,316.80 30-Inch RCP Class III 363.00 LF $37.00 $13,431.00 36-inch RCP Class IV 80.00 LF $52.50 $4,200,00 36-Inch RCP Class III 1,001.00 LF $47.50 $47,547.50 Concrete Lined Channel 80.00 LF $24.15 $1,932.00 Concrete Channel - Transitions 20.00 LF $35.70 $714.00 4-foot Concrete Sidewalk 16.00 LF $16.00 $256.00 Earthen Channel (North of Audra) 590.00 LF $2.10 $1,239.00 Channel Slope Stabilization 1.00 LS $6,000.00 $6,000.00 TOTAL PART "C" - STORM DRAINAGE $90,782.30 SUMMARY ♦ TOTAL PART "A" $90,270.30 f TOTAL PART "B" $95,649.00 TOTAL PART "C" $90,782.30 TOTAL PROJECT $276,701.60 Page 4 y . i' •r. it IM 1 n. - . • Y, y'.-1'l. ;.-w"" ,t'i° rJki~V~1t y ~ 4~r l 1 'p, • aaacoGTOO 00 ~ ° ~ I \ 4~ t~ I Q Q Q G 0 OOO P H +tOO ~~°00aoaaoaooo~~°~G I i ! I 1 III i i • ' AAA0OD97 PROJECT NO. CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CO!!Tr.N= COUNTY OF DENTON $ Whereas ,;.RsX iLM+10 40~. TllW1~Y8y #1,y purchaser under contract dated 05/24/95 between Rex Radio an a ev a on, Inc. and Golden Triangle Joint venture* hereafter reterred to as "Owner," whose business address is T 2875 Needmore Road, Dayton, Ohio 45414 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 oeginning 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 bo- 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 • w which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the, Owner as named above; or *Rex Radio and Tclevisloi, Inc. will acquire the property afte receipt of permits and the final subdivision of the property by Golden Triangle Joint venture 0 i 1 r ~ .WMA,1.. '~}1 a'G'ha3, ~if P. i,ft9 r}: 1.RGt3 tV3,6.A 311 c.h ..1[i~~'la_IDi?fI~_2 .2 ~iC _,}_"'A~ e e,•• °,vvi. _1t( ~til'°raGt .:1; ~1 C.:'l 3nar.[uu iu;'. . t.ma ...yam r, t, ?a ~ is , ~ , cr, :d e,; a.; `.c, , t k ~ 4l r hr1 ~~rs a3 :Cint r aC_t : 31'd 'A};Af?as, 6ronRr and Gontrat't_or reccgnl.,de -hAt the Citf ~:.d.S 4.1 1,'~t-4r!FA' ir, O!e',AWC inri that '.CA Zmpronrements Sub1 rct t61 Vh Z5 arfreRment., rnLyh wii.l, li;4n .aargletion and acceptance by Cite City, } r~r;tsn.f s:k:%i propoc?./, arK properly cor.strur,ted in accordance wi..tt i" t,ha City'a s.ymGifi.ations and that Payment is wade t-herafor; WI rid P.5 5 E'FFf An to that Fm~roreassnt, to be dedicated to the public, as a(rwisi.l.Iad In Uhibit h, attached hereto and incorporated by rmfaranca, to ba installed and constructed at r,r,)rJh/lh it rc~l", il,•l.Lgn, I(:/A4 th* trwner, Contractor and city, in consideration of their mutual prrmIsse and covanants contained herein, agree as follows: 1, Z'LWnIXLt:a,,12f Contractor. Contractor agrees as follows: • (a) t9.1r.111011' Star, To construct and install the Jmpruvomente In accordance with the procedures, specifications and rsfasrOnr(In contalned In Division II and III of the City's Standard • UurJtilll q.t; l9iia._P4~ El1k11~WorRe Construction, North Central Texas, • nn amended, and nl) addendumc thereto, and all other reguletions, ortllnniv.am or specifications applicable to such Improvements, such PAGE 2 • i ® whereas, thn Ownar elects to make such improvements hereafter set forth by contracting with BSA dwatk B Ild rB_ I,rd _ , whose business address is 5030 East University, Suite D-101, Odessa, Tx, 79762 het eaf ter 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 pre~perty, are properly constructed in accordance with the city's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedlcated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at Colorado Street, Denton, Texas ],or 1, Block 1, Rex Addition the Owner, Contractor and City, in ccnsideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenantp of Contractor. Contractor agrees as follows: • 11! (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and I 1 standards contained in Division II and III of the Citv's Standard • sRecif cat ons for Public, Works Construction North Central Texas, ~ • ~ as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such i PAGE 2 1 y a r r specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (bf AUthority of r,ity . Engineer,, Inspections. Tests ansl 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, unauthori°.ed or condemned work r or materials, or to follow any other request or order of the City Enginear 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 ♦ S the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 • (c) Insurance. 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 Saegifications for ~ I Public Works Construction. Mgrth Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; I 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 Coven4nts 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 aria 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 i 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 upecifications 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 w I 0 ~I I (ii) if the coat of completing the Improvements, at the J time building permits are requested, is in an amount of $50,000 or 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 (1001) 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 0 Improvements, or land to which they are affixed, t • that are to be dedicated to the publin. That, upon the request of the :ity Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 i I i { material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retain gg; 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 unti). 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 1 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) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall bacome the property of the City free and clear of all licne, claims, charges or encumbrances of any kind. If, after acceptance 0 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 zause such claim lien, charge or encumbrance to be satisfied and released or r 0 promptly post a bond with :.he City in the amount of such claim, PAGE 6 . • • lien, charge or encumbrance, in favor of the City, to ensure r payment of such claim, lien, charge or encumbrance. (e) Maintanance Bond. That prior to approval or acceptance I 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, ;.nsuring 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 ilaims 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. • (a) Agr@gment ControJlina. 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. Occupancv: One Lot DevelOnments. owner further agrees as i 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 oa "pancy 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 City's 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. C vSyaapants of City. That, upon proper completion of the Improvements in accordance with this agreement, the Cite -green 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, Texr.s. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 9 y j 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 7th day of September 1 19 95, OWNER /Purchaser under contract dated CONTRACTOR : Boardwalk Builders, Ltd. 05/24/95 Rex Radio and Te/-`evision, Inc. ~9 BY: C~J~ C~ Vln t(u ~ BY: A Edward M. Kress, secretary Glenn W. Lynch, President a CITY OF N, TEXAS P V CI MANAG S AT;EST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LE :Al, FORM: HERBERT L. PROUTY, -TY ATTORNEY BY: f f 9 i f 'S PAGE 9 I 4 M1 ~ e AAA019Dr PROJECT NO. q6-~ i CONTRACT NO. P PERFORMANCE BOND THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ That n, rd1 ajk 4..Jldorg LID Of ~rrnr County, Texas, hereinafter called Principal and Universal Surety of America, 950 Echo Lane, Suite 250, Houston, Texas 77024 a Corporation organized under the laws of the States of 'T'exas 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 "Cite" in the penal sum of Seven thousand _ ($7.000, Dollars, lawful money of the United States, for the payment of which sum well and truly to he made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents; THE Condition of this obligation is such that: + WHEREAS, the Principal entered into a certain contract with owner, dated 11th the day of Se tember , 1995 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; • Right of Way improvements-Colorado Street. Lot 1, Blk, 1, Rex Addition, Denton, Texas • NOW, THEREFORE, if the Principal shall well, truly, and • • faithfully cause to be performed and fulfilled all of the undertakings, covenants, torms, 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 natice 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 codifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in fell force and effect. ' PPOVIDED, 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. I IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this thelit_ day of September 19 95 PRINCIPAL SURETY Boardwalk Builders LTG Universal Surety of America BY: BY: R~gg IN-FACT a Fel er ATTEST: r SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. I PAGE TWO f+ try i t .f¢t f0'4. ~ V ~t ~ i I I 1 J e AAA019DF i PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT Boardwalk Builders LTD of Ector County, Texas, hereinafter called principal and Universal Surety of America, 950 Echo Lane, Suite 250, Houston. Texas 77024 _ a Corporation organized under the laws of the State of Texas 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", and unto all persons, firms 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 ,eYpn thousand 7,000. ) 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 lith day of _ S r 19 95 in the proper performance of which the C tty~of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Right of Way improvements-Colorado Street. Lot 1, Blk. 1, Rex Addition, Denton, Texas PAGE ONE , j j 1 i i 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. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 11th day of September 19 95 , PRINCIPAL SURETY Boardwalk Builders LTD Universal Surety of America BY: BY: FyRNEY-IN-FACT Felker ATTEST: SECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO . ~w.r--.. _.n 1 {30~ , $ n fR M q .yr, `ii •1". i 1 { f AAA019DF i PROJECT NO. /-1D CONTRACT N0.~~P=1 CONTRACTOR'S MAINTENANCE BOND (DEVEIAPMENT CONTRACT) I THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That dwalk Builders LTD of Ector County, Texas, hereinafter called Principal and f America 950 Echo Lane, Suite 250, UnivPYRAI 7 024 a Corporation organized under the laws of the State of Texas and authorized to do business in the State of Texas, are na tar called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton Co htuaandxas, hereinafter called "City" in the penal sum of {S 7 000. ' Dollars, lawful noney of the United States, the sa!.d sun being ton percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which an well executors, truly to nistr be ma, deawe bind ourselves, our heirs, • successors, jointly and severally. THE Condition of this obligation is such that: ith wHEREAS, the Principal entered into a certai 19 95 tracin w the Owner, dated the day of Se tember r Texas, has an proper o Denton, proper performance- o which the C HE—- • interest, a copy of which is hereto attached and made a part hereof, . • for the construction of: Righ of Wa improvements-Colorado Street. Lot 1, Blk. 1, I Rex Addition Denton Texas j PAGE ONE • 1 • i I i I i NOW, THEREFORE, if the Principal shall well, truly, and 1 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 not arising from the improper work of the same, oincludi other ,dal motive limited to, any settling, breaking, cracking condition of any of the work or part thereof arising from improper excavation, backfilling, ti`eaduring the perother iod of uthisrbond, which known or unknown, , at at any the city etermines engineer, the result of defective ork,imaterials o or conclusive, d 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 this fbothe ndd conditions amountbreaches have been ma be prov deda untilo the rfullsuccessive exhausted, and it is further understood that the obligation to same shall not be changed,Jhdiminished,ortinaany intain ppeeriod, and said 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 Ilth ay of September , 19 95 PRINCIPAL SURETY i Universal Suret of America Boardwalk Builders LTD AW BY: BY: A E - N-FACT ary Felker. O PAGE TWO • ii 4.x.1 i - NOTE: PowER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND KUST NOT BE PRIOR TO DATE OF CONTRACT- ATTEST: SECRETARY i i PAGE THF.EE • UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 • Houston, Texas 77251.1068 GENERAL, POWER OF ATTORNEY - CERTIFIED COPY Milan Felker Insurnoce Service, Inc 1~~TX 6281430 00 IIi Knew All Men by There Prearou, Turf UNIVERSAL SURM OF AMERICA, a oapontioo duty organized red axiadag under 1be laws of Ibe State of Texas, and haviog its pricipd o Ifiee in Houston, Taxis, doer by thew prermi make, constitute and appoint lira Rsea,on Jb Rau Gory FeWor of Odesr and Sore of le w its aw rod I& W Atfornty(s}in-Fact, with aril power cod authority hereby conferred b Its tame. plans and stead, a exauae, aclmow{edga and de6vx Bonds not to exceed $250,000.00 umbr such Is accompanied by brier of of Via)oS by the Pre idee, Secretary or Executive Vice President uety of America. bred the Company thereby w fltily and to the oan:e extent as if such bands were signed by the President, salad with the oteponb sorb of the PARTY std duly award by in Secmwy, hereby ratifying and confirming sit that the saki Attaury(x}la-Fact may do whhln the stated limitations, and such authority is to continuo in force totil _ 7 Said appointment is made hinder and by aatherity of the bilowma ~unon adopted by the Board of Directors of UNvetnl Suety c7Amwka at a meeting held on the I I th day of Juty,1994. 11 Resolved, that the Praedsut, and my Vice Presidant, Secretary or my Aniataa Secretory shall be and is hereby vested with ILn Power and auWorNy, a appoint say one or more suitabIs parsons n Auowy(a)-dn•Faa to npalat and act for and on b ehdf of the Company.' `RESOLV ED that the sipatue of any officer of the corporation, and the ad of the oaparioo be affixed or power of attorney of the corporation, and dial such printed facs®iEe slgnanas and now s6a11 be valid a~od printed by a my biadihq dgoc the cwposalim' la Wlb>w Wber et, UNrerstl Surety of Asserki bat cawed then praugb is be tlpN by its PrwNesit, Join Kiss, Jr, and W corporate sal to be beret, otitacd thle 7th day o(Jewry, AD, 1993. UNIVERSAL SURETY OF AMERICA ~!,rr Sub of Texas Commy of Halls a. ~*~'i . f Or this 7th day of Jsnwry in the year 199x, heMre >w, Ayeh P. Dalgie, a wary p,w eNa appo erred Jabs Kars, Jr perssral6 known u sal to be sje pass wbo necaerd tow retrials frhotrshrar r PnAdsat Rif or tb corporation beeMa name and acluawkdged to at that the corponWa execated it. • / Notary Pat/k 1, On tmderaigned Secretary of Univeral Suety of America, hereby certi fy fled the above ad foregoing is a fWl, true mod correct copy of the Original Power of Attorney imued by said Company, and do hereby Ponher orti b that the said poorer of Attorney Is still in effect. OVEN under my Sand and the oral of saki owptay, at Houton, Texas, this 111h day of September 19 95 • ~~•w-s j 001 1 y Any Isuturrwn Iran Is sow of the poetry cows about Is rwYy Vold ad wteloat say m6day ),"or vedlleation of the sutboxiry of this power you my rlephorr (713) 7224600. twl•14f4f9ll i • • GLS~Sl~].N,. 4 ' ' rte- DA It 6 /9- 91 _ PNOOUMR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Milam Felker Insurance So vices, Inc. ONLY AND CONFERS NO FOGHTS UPON THE CER11F ATE 401 E. 7th HOLDER. THIS CERTIFICATE DOES NOT AMEND "TENO OR 4 ALTER THE COVERAGE AFFORDED BY THE PO kWS BELOW. Odessa, Texas 79761 COMPANIES AFFORDINGCOVERAOE 915-332-0711 - COMPANY Travelers Boardwalk Builders, Ltd. 0A" Clarendon America Insurance Co. 5030 E. University, /D101 Odessa, TX 79762 C COWANTY 0 THIS 19 TO CERTIFY THAT THE POLICIES OF WBURANCF LISTED BELOW HAVE SEEN 189UFD TO THE SOURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTwrHBTAN Dm Amy REOINREAIENT, TEAM OR ooN MON OF ANY CONTRACT OR OTHER DocLwN! WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NNB'JPLANCE AFFORDED BY TYE POUG" DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND OONOMCN8 OF SUCH POLICIES. LIMITS SHOWN MAY NAYE BEEN REDUCED BY PAID CLAMS. _ T, vk of M SUNG! POLICY NL / PC= B7lIJ1M POLICY NPIUAON LSNTE L OAT[ MM, V) OAYIPWMMYI rIMAL LUMUIY GENE IM AOOREOATE f 2.-r M, 1QD A Ow*AcLkQ"fi u*^m PL-630-342K571-7- 7/15/95 7/15/96 PRODUCn•oa±nxAOO ►~~Q00_.044 CLAM MADE [~j OOCUM TLC-95 PERSONAL I ARV NnaaY _ 11,_000,000 OWNL eaOONTIIACTOITSPW FACHOORXVIENM _ f_1-100QL000 alaw_AVaE~W._wA.t __5_0.,_449_ YED VW om a. t 5,0H AvrOM0EI1.E LUMTTY A - ANY AUTO TpAMYED SBAOLE lffT f PL-CAP-319K653-5 7/15/95 7/15/96 1,0,000 ALL OWNED A01% 95 BODILY HAZY SCHEDULED AUTOS fPBrOr«I,Y B HMM AUTOS BODILY K W NONOWNEO AUTOS f PRCPERIY DAMAGE f EIARAOE LUSIITY AUTO ON Y • L% ACCIDENT ANY AUTO OTHM THAN AUTO ONLY, - AoONE"M ElaauA.InY P5M-CUP-390K101- 7/15/95 7/15/96+___l-W-0-00 A umw&LLAFOAAI 9-TRI-95 A000HE06ATE____ !--~.40.4A4OQ OIHEA rrM U 0F*„ a PLNILI _ R'OINEM COIIBRATM ANO . OrW"M1 uAtlm u EACH AOdOBIT f THEPROPWETaa ~BHa EI DISEASE •POLCY U/Il f PMTNEAS£ME(%1TNE - OFFICEAS ARE' fJ(C1 I EL DISEASE • EA nVLOYEE f • OTIIEA B Employer's Excess TNCO176/95/0312 8/23/95 8/23/96 11 $850,000. xs $150,000. Indemnity Ins, $1,7001000. Aggregate 1- - OESCMPTIdI 01 OPERATIORMOCAT1pIpMNBCIFjAPECIAL STEIN CITY OF DENTON IS ADDED AS ADDITIONAL INSURED City of Denton 00" ANY OF RN AEOYE 041MI IB POUCH BE CAMON"M MfOHN THE David Salmon WMATION DATE MINNOW, M ON" 00IMANY WU MWVM TO NML 215 E. McKinney Street _.111. oAwwemNoTTwTamBca+wanN" IwrmTOTHSLw. Denton, Texas 76201 NT PALM TO NAIL NUCN 90 YL7 OVAL IN NO OSUBATM OR LkMWJW W MLV No WON pR AMRMWITAIWM. AIRINNIM IrPIrENItA a I I 'i . _;?J.} i. a•i. a .:.:„i` ~iK a, k.'rS:a[ q1. v, ';R'A,r,x..y3 r:"xY~ria s , SAP `12 195 14e50 1234 LYNCH & LYNCH 915-949-3376 P. 2 BOARDWALK BUILDERS, LTD 7702 SENTINEL CIRCLE SAN ANGELA, TX 76904 (915) 944-5466 FAX: (915) 949-3316 September 12, 1995 City of Denton Engineering Department Attn: Dave Salmon 215 Bast NOXIMSy Denton, TX 76701 Fasts (817) 566-8236 Dear Davos Per our conversation this letter will serve as Boardwalk Builders' construction estimate for the cost of left turn lane construction on Colorado Blvd., Denton, Texas. Cost estimate is as follows: Removal of 1851 LF existing curb and site preparation $ 775.00 Install approx. 185' LF new curb and gutter at $10.00 per foot S 1,650.00 Install approx. 1750' of new pavinq per city specifications at $2.50 per square loot 4 4,37S.00 Total $ 7,000.00 If you have any questions please do not hesitate to call w at (915) 944-8666. I Sinc rel , Mann w. ch • oAra tMr,O1 ACQRD. CERTIFICATE OF LIABILT_Y INSURANCE 9~619s- 4 PRODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION Milam Felker Insurance Services, Inc. ONLY AND CONFERS NO MONTS UPON THE CERTIFICATE 01 E. 7th HOLDER, THIS CERTIFICATE DOES NOT AMEND EXTEND OR 4 4015 Odessa, TflXR3 79761 I._. ALTER THE, COVERAGE AFFORDED BY THEPO[kill BELOW.-_ ` 1 _ . COMPANIES AFFORDING COVERAGE - 915-332-0711 COMPANY A Travelers INSURED COMPANY Boardwalk Builders, Ltd. B Clarendon America Insurance Co. 5030 E. University, /D101 COMPANY Odessa, TX 79762 c COMPANY D Cow~a~ HIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER10D INDICATED, NOTWITHSTANDWG ANY AEOUI REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYM OF MWRAMC[ POLICY NLRMIA POLICY 11"10M POLICY EXPIRATION LAM LTA DATE(IMAAMLMlI DA IIMMATOYYI _ GENERAL LUIIA/TY GENERAL AGGREGATE E 2,000,000 A XCOMMERCIALGINERALLIASILIIY PL-630-342K571-7- )/15/95 7/15/96 PRODUCTS, MMPOPAGO f 2,00/0,010 CLAIMS MADE xOCCUR TLC-95 PERSONAL L ADV INJURY f 1,000,000 OWNER S A CONTRACTOR -6 PROT EACH OMURA ENCE E 1,000,000 FIRE DAMAGE I"o LKI f 50,000 MEG EXP A W w* poop) f_ AUTOMOiILS LIABILITY COMBINED SINGLE LRAIT E A XANY AUTO PL-CAP-319K653-5 7/15/95 7/15/96 1,000,000 ALL OWNED AUTOS 45 DMLY INJURY f SCHEDULED AUTOS Pe.pom) x MREOAUTOS I)MILY INJURY E IPFI WmN) x IIONOYMED AUTOS PROPERTY DAMAGE f GMAOI LIISIL?Y AUTO ONLY • EA ACCDENT I _ ANY AUTO OTHER TIQN AUTO ONLY. EACH ACCIDENT AOOREMTE i . i . ExcEEluRmttr pSM-CUp-390K101- 7/15/95 7/15/96 EACH OCCURRENCE 5,000F000 A xUMBRELLA FORM 9-TRI-95 AGGREGATE f 5,000,000 OTHER THAN UMBRELLA FOAM -s WOIIAFMCOMPENSATIONANO TORY LIMOS ER EWLOYIM'LIASILRT ,I. EACH ACCIDENT E THE PROPWE70R' INCI. FL DISEASE - POLICY LIMIT E PARTNERSEXECUTIVE OFFICERSARE EXCL ELOISFASE EAEMPLOYEE I • OTHER B Employer's Excess TNCO176/95/0312 8/23/95 8/23/96 $850,000. xs $150,000. Indemnity Ins. $1,700,000. Aggregate MSCRIPTION OP 0►ERAl10N61.OCAT1011W [HICLlSlPFCLII RE W CITY OF DENTON IS ADDED AS ADDITIONAL INSURED ' • 0EATIFIOATtNOID•1 ___.--.---.-_--QAWAIUA • • of Denton SHOULD ANY OF TtO AMY! DCSCMMO POOCR/ SE CANCILLAD OMM trNE City David Salmon IX►NEATION DA" HIIMOP, TIM ML*A COMPANY W6L EMMAVOR TO MAN 215 E. McKinney Street _-U DAYS wRmW NOTICS ro THE CummAn NOLMII NAMED ro no Lm. Denton, Texas 76201 WT FA&UM TO MAIL SUCH NOTICE WALL IMPOEt No 01 OR IMAIL" OF ANY WND UPON 1M OR 49MAMMATIY{S. I AUT110AI2ID MPRIHMA I?~~_ I i 1 i 1 1 a 1 oOOO~G~,~o OCO~cC~ppp~~o0 OO A. a ! C ~ y Q I o~ 0 0 000`'0~00 o H t O~0o0 + O ooaoaaoo I I I. - { l i • 1 AAA00D97 PROJECT NO. J II CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, Heritage n, ind Developmew Co,, Inc, hereafter referred to as "Owner," whose business addrear is 2220 San Jacinto, Suite 200, Denton, Texas 76205 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and 3 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 "Isprovesnnts," are conwtructed 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 contractinoa; with another party as prise contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or • O Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Dickerson (:onaLrUcLion Co. ' whose business address is P. 0. Sox 181, Celina, Texts 75009 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 COOPER LANDING SECTION 3, PHASE C IN NORTH MITRAL DENT014 the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants of Contractor. Contractor agrees an 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 City's Standard • • Spec ificationg,;or UbJJc works Construction. North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PACE 2 JL- • 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 t-a 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 IMMUL • • i (c) Insurance. 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 central 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 seen 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 followss (a) performance Sonds: Escrow Auree'ent. 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 Coda: i (i) a performance bond in an amount not less than the • determined by the City Engineer, h shall be submitted • • amount necessary to coupletet guaranteeing the full and faithful completion of the Improvements meeting the specifications or 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, PACE 4 0 (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 (1004) 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 uhich 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 P%ka 5 • • i i I I 1 r material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that, they have been paid in full. (c) Retainage: 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) Encumbrances. 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 i 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, PACE 6 0 r~ • i I 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 i and workmanship that appear within one year from the date of 1 acceptance. The bond shall be in favor of the City and shall be 1 executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and aavp 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 j may be obtained against the City growing out of such injury or damage. (g) Agreement Controllina. That the provision of this ~..r agreement shall control over any conflicting provision of any contract between the owner and Contractor as to the construction of the Improvements. nwrr ~ , 1 o 3. Occupancy: Orie 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 City's 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 Lag. 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. vwrr 8 1 i I ' i ~J 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, ,(-~ay of OWNER HERITAGE LAND & DEVEI.OPTIENT CO. CONTRACTOR DICY.ERSON CONS FRUM'ION CO. BY. / I BY: CITY OF D ON, TEXAS BY: CIT MANA ER ATTEST: J ALTER , CITY SS ARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • • • oar.F q 1 . • _ ~ fir. ~ ,.~tc ~'i.t~L~t, , i • _ i 1 rsFiiirrr ,a CONSTRUCTION of PUBLIC UTILITIES, STORM DRAIN and STREETPAVEMENTIMPROVEMENTS COOPER LANDING, SECTION 3, PHASE C BID FORM This Bid is submitted to: Heritage Land & Development Co., inc. Go BURKE ENGINEERING 1318 Auburn Drive Denton, Texas 76201 f The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter Into an agreement with the Developer (using the forms Included In the Contract Documents) to perform and fumish all Work as specified or Indicated in the Contract Documents for the Lump Sum Contract Price and within the Contract Time Indicated In this Bid and In accordance with the other terms and conditions of the Contract Documents. r By submitting this Bid, the Bidder attests that he read, understands and will comply with all ! instructions to bidders, all other Contract Documents and the following addenda issued by the Engineer. I Date: Addendum Number: The Bidder has familiarized himself with the nature and extent of the Contract Documents, the r Work, the Project site, the Project locality, and all local, state and federal Rules, Codes, Laws f and Regulations that In any manner may affect cost, progress, performance or furnishing of the Work. The Bidder' attests that he has given the Engineer written notice 'of all 'confllots, errors' or discrepancies that he discovered in the Contract Documents and the written resolution thereof I. by the Engineer is acceptable to the Bidder, • The attached unit price schedule shall be completed by the Bidder. However, It will be used only to establish unit prices for,additions or deletions to the Project which are authorized by'Change f Order. The Bidder acknowledges that NO CHANGE ORDERS ARE ANTICIPATED FOR THIS f PROJECT. The unit prices will probably not be used at all, and if used would be for a change in Project scope initiated by the Developer and agreed to by the Contractor. The Developer j acknowledges (by signature of the Contract Agreement) that these unit prices would apply only to changes in Project scope which do not total more than twenty percent (20%) of the LUMP • • • SUM CONTRACT PRICE, changes larger than that would be based on prices negotiated between the Contractor and the Developer, 4 , , • CONSTRUCTION of PUBLIC UTILITIES, STORM DRAIN and STREET PAVEMENT IMPROVEMENTS r COOPER LANDING, SECTION 3, PHASE C I SANITARY SEWER SYSTEM Item Description Bid Unit Rom No. Quantity Unl;i Price Amount 1 V SDR 30 PVC 1,100 LF. Iti s~ IR 3s5, F. t C Db. Manhole 3 Eaeh 13 So, "t 4 4.o so. 7. 3 S Db. Mardab Z Each sea. iw 0e4 i t' '4 r Hwft S1nAa 31 E+d+ 75 i• l I b~5 7w 0 C&wwd- b E)d$L Sewer 1 Bch 561, i+ S0. iw 0 1.6ack Trench' Badm 300 C.Y. y.. Z.-40& I T TrwKh Bally 6ysbm t Ls 11+• !t o1 i 0 MISCO" oM b 'I L6. CbmEiah .Sw, Sow r ' SANITARY SEWER TOTAL • S ,3 7, 3a. NOTE: All prices are for the particular Item complete, Installed In place In acceptable condition. Bidder anticipates using (J Precast, [ 'J Cast-In-Place or [both types of Manholes on this Project, ,j , • • CONSTRUCTION of PUBLIC UTILITIES, STORM DRAIN and STREET PAVEMENT IMPROVEMENTS r COOPER LANDING, SECTION 3, PHASE C STORM DRAIN SYSTEM Item Description Bld thrl "em No. o,a„ ey Units Props Mnoum I SO- Pk,e 490 LF, l7 2 RV Prpa 20 LF. 3t3 '170.. A a 10' StantlW curb tnlat* 2 Each 2lo0 4 600'7. 4 8•Dlametw Manhole 2 Each a Type B tlaidwad I Each 2,.a4 oar 6 Graded Rode Pad I Each t ;50. i. 1 J Sa i. T Modify Edatk Inret 1 EarJt I SPA 3. Ser f. a Twth Salary System I LS. 5ev r Ses 7 9 RoA Ezcavsgorl-' IS C.Y. Q$e 7~ 10 Ml.eaaahaa,a aoCompkt. Sco Ser. STORM DRAIN TOTAL . $ 33, 74 3, v 4 'REFER TO ITEM 3 ON PAGE 18. (Write the Storm Drain System Total on Page 9). NOTE: All prices are for the particular hem complete installed in place In acceptable' condhion. ' Bidder anticipates using OPrecast 0 or WCast-in-Place Inlets on this Project, 0 0 i J CONSTRUCTION of PUBLIC UTILITIES, STORM DRAIN and STREET PAVEMENT IMPROVEMENTS COOPER LANDING, SECTION 3, PHASE C WATER DISTRIBUTION SYSTEM Item Description Bid Unh Item No, Quantity Units Price Amount 1 r PVo Pipe 1,156 LF. I R 7 11 3 70. v. 2 1n a TS&V 2 Each Q Aa Dale e~ " ' 8 14 HMO Swvbe ~ 31 Each 3so,- I4,85b. I, 4 Re 2 Each ($oo is 3.0au v, 5' '6' cap Mm r 81ow on 1 Each oca - c+oe i. a V, DWI 2 Each I S1;A I r fiats voms 2 Each ' 4sa;. Son i, . 6 TrvrKh Satsty System 1 LS. 1. 1 I ./SB • • 6 1 Seek iwch BackM 566 C.V. 4L S A fG, L 19 MWOSU Ns to I LS. Comptsle Sno _i Son 7,: WATER DISTRIBUTION SYSTEM TOTAL S Sod s 8.4. ti (Write the Water Distributlon System, Total on Page 9). '.Complete.fr6m main pipe to curbstop,'lncluding corp. stop.and 1' Type K copper lead pipe. S NOTE: All pricas are for the particular item complete Installed In place in acceptable • condition.,, { • • CONSTRUCTION of PUBLIC UTILITIES, STORM DRAIN and STREET PAVEMENT IMPROVEMENTS I COOPER LANDING, SECTION 3, PHASE C PAVEMENT and LOT GRADING Item Description Bid Units Unit Item No. Ouantity Price Amount 1 Derr101 w, deadog, 1 LS. - removal and deanup 2 Evc&*6at and F0 51100 C.Y. 3 6' Uma Stabltl:ed 4.600 SX &ftrade ' 4 C6r to Curb & Gutter . 2,248 LF, 6 6' Tqo Course HMAC 3.632 S.Y. 0 4' City Sidewalk' 74D LF. 7 Sidewalk Ramps 4 EaO 8 Tra flc Salety I LS. 9 "Welaneoue to Complete 1 LS. PAVEMENT & LOT GRADING TOTAL • $ "Bell Avenue sidewalk along the backs of Lots 40-50. (Write the Pavement and Lot Grading Total ,on-Page-9). • NOTE: All prices are for the particular atom complete Installed in place in acceptafAe i condition. NOTE THAT PROJECT GRASS INSTALLATION AND MAINTENANCE WILL BE PROVIDED 0 BY THE DEVELOPER. • • • 1 I The estimated quantltfes shown in the tables were prepared for Bidder convenience. By signing the, Bid Form, the Bidder attests that he has confirmed or corrected the estimated quantities and has based his bld on his own Independent analysis of estimated quantltfes. Where he finds a discrepancy, the Bidder is encouraged to cross out the estimated quantltfes shown in the table and Insert his own values In their place. SUMMARY OF BID AMOUNTS: Sanitary Sewer System Total Q $ '57, '130. Storm, Drain System Total m' 33, 14 3. Water Distribution System Total TO, s s 4. V, Pavement and Lot Grading Total . 8.2 LUMP SUM CONTRACT PRICE - $ I '3 7, as n. 7% THIS BID INCLUDES ALL ITEMS NOT SPECIFICALLY EXCLUDED. The Bidder shall complete the Work, Including all incidental tasks known or unknown at the time this Bid Is submitted, for the following Lump-Sum Contract Price: LUMP SUM CONTRACT PRICE: Owe 4-,. A , t )A;, j ti • S1 v ) ($13.1 o S?_ 4', ~4,, - s i v t- coo (l: K+ words) AJ 0. c % j (numbers). The Bidder hall complete the Work for the use and enjoyment of the Developer within, 4f2 , [vJ working or ( j calendar days (a maximum of 1"-five days Is suggested) -following the date of the completed Contract Agreement Form. The Bidder proposes.that for each day,completion of the Woi'r:.ls delayed beyond the stated number,of days, the Lum Sum Contract Price shall be reduced by Three Hundrad and No/100 Dollars ($300.00 ' (Paragraph, 12,4 of the General Conditions will apply to delay of project completion.) Bid Excludes: - • FA~tM~af ,.,1 10( 6)A1k41-y_ N~ ir+cfvA i ~ l • Signed: - Date: 8 'B s~~ • • (The BID FORM Is continued on the next page,) o • BID FORM SIGNATURE PAGE This Bid Is submitted this lob day of August 1995. Bidder/Contract By: Slgnlature t Officer (if a corporation) Name: cw a ~i clc~ p. o. Po e Street Address Cf fl..p .~h: ]Son y City, State and Zip Code ' Z14.38~ zr23. Telephone Number (Please affix corporate seal,) • ` r....... _.t ~ • _ fir?, :.t rs:u~1~.~4tskl~X~4 tFp`1 '~'iY°..~~° r n.r'~. • Certificate of Insurance rltl i1:NIaic \IF N HbL'10 N5 \I:\r 11 N1)r 1\TOR\tAIit)\oNI.)'.\\1)to\'I.NS\\)IIIIJII~,11, \ 111L I I I L CO AT III CA TF, HOLO 1.111 Ifl IiITHlIf 1 \IE15 \0r-~ 1A'V9; F~AAII )Ill1 1A 01X)Liy"Ur Av I IVU, FX I I,[) 1iAtIFETP,C0 LHA(. FU$OR() FU 61 II111Y11.it- 11'i I,ISTI. U II6L0N'. ~hlIs Is to Certify that { DICKERSON CONSTRUCTION COMPANY, INC. Name and LIBERTY DICKERSON EQUIPMENT COMPANY CELINA READY-MIX, INC. address of MUTUAL, 1909 NORTH LOUISIANA Insured. CELINA,TX 75009 J Is, at the Issue date of this certificate. Insured by the Company under the pollay(lea) lisled blow. The insurance eMOfded by the listed poky(las) Is evNW to all their tenns, exdusfons and condition$ and Is not altered by any requirement, term or condition of any ccotract or other document w* respect to which this certificate may be rissuad FXP.DArE CONTINUOUS TYPE Of POLICY n EXTENDED POLICY NUMBER LIMIT OF LIABILITY 0 POLICY TERM WORKERS 316!98 WC7.191.409705.076 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION LAW OF THE FOLLOWING STATES: Soddy Ir*jrYBYAcddenf TEXAS $100,000 Each , Accfdenl Soddy " By Dlsaaee $1001000 Pobcy Limit BDd9y Inwry By Dim" $100,000 each Person GeneralAypragali ~7iirIhan~ra orrlW QENERAL 2!20196 YY1.191.409705.016 Wed Opertions ~ LIABILITY $2,000,000 -J aleiactrMOrrpNtecf operations Agg"te - I ®OCCURRENCE $2,000,000 Q CLAIMS MADE EIOdEV Ir4ufy and PNDarN Dafn@gSi UabW Per $11000,000 Oceurrence Peraonal end Advertiaktg Injury - ~--~_v-I Per Parson' REI-.J. TE - $11000,000 Orgamzanon OtiIBI Q1fIBf AUTOMOBILE 91,1796 AS2.191.409705.035 $1,000,000 Ea&Accident •Single llmil LIABILITY 8.1. and RD, Combined OWNED F.adTParaon NON-OWNED Each Accident or 0alrrancs J Z HIRED - Each Ao*W or Occurrence OTHER CONTRACTOR 8/18198 MS2-191.409705.066 HIRED EQUIPMENT ENDORSEMENT PER PIECE $300,000 'S EQUIPMENT- , AD ID TrONAL COMMENTS 1 THE CITY OF DENTON. ITS ELECTED AND APPOINTED OFFICIAL, OFFICERS AND EMPLOYEES; THE DEVELOPER, THE ENGINEER, ' THE SURVEYOR AND THEIR RESPECTIVE OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE LISTED AS ADDRIONAL INSUREDS ON THE GENERAL LIABILITY POLICY. ' it ins cenlflcate evIretlon dale It continuous or eKi~ ten, yov w!A be no"ed d coverage is ISrmlrsted or redrke0 before the Certificate sxplreaon dare. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOM40 MAT HE IS FACILITATING A TRAVO AGAINST AN INSURER, SUBMITS All APPLICATION OR FILES A CIA1M CONTMNINO A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW I BEFORE Libertyh 1 IGioup • THE STATED EPPLRATION DATE THE COMPANY WILL NOT CANCEL OR REOUCe THE INSURANCE AFWADED ~y1 UNDER THE ABOVE I T LEAST 30 NOTICE Of SUCH CANCELLATION HAS E EN MAILO GAYS TO ('y~ e • • CERIFGVE HERITAGE LAND & DEVELOPMENT COMPANY, INC. CLYDENA M. AKIN +gLOER 2220 SAN JACINTO. SUITE 0200 AUTHOR12E0 REPRESENTATIVE I DENTON, TX, 76205 IRVING. TX. CLK (214) 560.7699 911196 L_ OFFICE PHONE NUMBER DATE ISSUED thinanJraM Ursnlled h( LItlER fY\IL'TL',\L GRUUI'aa r~.przn wAh lnwnncp ae ie oHn rUrd bl'ilwx'Compmin RS772L 142 IMF • Ir AAA019DE BOND NO. 200516 PROJECT NO. ~j CONTRACT NO, r' PERFoRNANCE BOND THE STATE OF TEXAS 5 K14OW ALL KEN SY THESE PRESENTS: l COUNTY of DENTON 5 That DICXRRSON CONSTRUCTION COMPANY INC. P.O. Box 181 CELIKA TEXAS 75009 of COLLIN County, Texas, hereinafter called Principal and I. HARTFORD CASUALTY INSURANCE COMPANY P.O. BOX 9611, HOUSTON, TEXAS 77210-4611 I- a corporation organized under the laws of the State of INDIANA and authorized to do business in the state of Texas, heraEna-fir called "Surety", are held and firmly bound unto the City of Denton, I Texas, a municipal corporation, in Denton county, Texas, hereinafter called "City" in the penal sum of OKE BUBDREO TDIRTY-SEVEN r _ _KO/loo - - - - - of Dollars, lawful sonay of the Unitad Statas, for the payment which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is ouch that: WHEREAS, the Principal entered into a certain contract nwite owner, dated the day of r I proper performance of which tha-ETty o Denton, Texas, has an interest, a copy of which is hereto attached and made a part f hereof, for the construction off • PUBLIC UTILITIES AND STORM DRAIN IMPROVEMENTS AT COOPER LANDING, _ SECTION THREE, PHASE C, DRNTON, TEXAS THMEFORE, if the Principal shall well, truly, and NOW, • 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 tt~ a eof which may be granted, t with or without notice to the surety, PAGE ONE • • r 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 bemadeI notice of which modifications to the surety being hereby waived; then this obligation shall be voidl otherwise to retain 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., J 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, ofch~Fwh ch shallbe deemod an original, this the e"ay 19 y PRINCIPAL SURETY DIC](ERSON CONSTRUCTION COMPANY, INC. pMTBORD CUU&TY INSDII pANY 9Y: ~ - Bx1 1 ATTORNEY-IN-FACT EDNARD L. MOORE ATTEST-. CE BTAR NOTE. POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. 1 PAGE TWO Ji 1 . s AM019 DE BOND No. 200516 p PROJECT CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S r THAT DICRRASON CONSTRUCTION COMPANY INC. I! P.O. BOX 181 CELINA, T®CAS 75009 of COLLIN County, Texas, hereinafter called principal and HARTFORD CASUALTY INSUR_l..'.CB COMPANY R.O. BOX 46L1. HOUSTON TRXA,S 77210-4611 ~IANA a Corporation organized under the laws of the State Of IxD ars do heldiandBfirin the State Of Texas, h6r'31nAl and authorized to mly bound unto the City of Dentonr called Surety~~ Texas Texas, a Municipal CorporandOn'unto aDllntperson stfirms and hereinafter called "City", at corporations who may furnish materials for or perform labor upon the buildings, structures or improvements renffe R6IRTYssvEN the attached contract, in the penal sum of ONE B - THOUSAND FIFTY-SEVEN DOLLARS AND NO1100 - - - - - - - - - - - - - - 137,057.00*********) Dollars, lawful money of the United States, ` to be paid in Denton, Denton County, Texas, for the payment of which executors,uadministr tors, and successors,jo jointly ourselves, severally. THE Condition of this obligation is such that: ith WHEREAS, the Principal entered into a certain contracinwit owner, dated the day of ' 19 ' has an proper. performance 0? which interest a copy of which is th- hereto attached Hind Texas, a part I , ~ . ` ~ hereof, for the construction of. PUBLIC UTILITIES AND STORM DRAIN IMPROVEMENTS AT COOPER LANDING, 1 SECTION THREE, PHASE C, DENTON, TEXAS PAGE ONE I 1 1 l J~ 1 THEREFORE, if the Principal shall well, truly, and NOW, i ~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 contract and the panda alli dulyf authors ed provided of said Contract that may hereafter be made, notice of which modification 0herwie al then fore is and obligation the surety : i se to remain in ful shall be affect. Provided further, that if any legal action be filed upon this bond, Vanua 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 I' the terms of the Contract, or to the work performed thi reutnder, or the plans, Specifications, Drawings, sto., accompany n5 h shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, I, 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 tripe te# such one of which shall beda mad an original, this the y PRINCIPAL SURETY r HARTFORD CABDALTY IRBURANCS COMPANY DIQ~SRSON CONSTRUCTION COMPANY, INC. r ax: G k _ By ATTORNEY-IN-FACT ATTEST: • I NOTES DATE OF PAYMENT BOND KUST NOT BE PRIOR To DATE OF CONTRACT, • • • PAGE TWO 1 • AAA029DP BOND NO. 200516 PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS! COUNTY OF DENTON $ That DICKERSON CONSTRUCTION COMPANY, INC_. _ i P.O. BOX 181, CELTNA, THUS 75009 s. of COLLIN _ County, Texas, hereinafter called Principal and HARTFORD CASUALTY INSURANCE COMPANY P.O. BOX 4611, BOUSToN. TEXAS 7721Q-4611 _ 1 a corporation organized under the laws of the State of INDIANA and authorized to do business in the State of Texas, here--after 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 ox EUNDRED TRInTY-sevsr TRoDBAND FIFTY-SEVEN. DOLLARS ~.NOLL0 - - - - - - - - - - fS 137,057,00******1 Dollars, lawful money of the United States, the said sum being ten percent (104) 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 facertain contract with Owner, dated the day of e- ' 19 , in the proper performance of which the City of-'5 nton, exas, has an interest, a copy of which is hereto attached and made a part hereof, • • f for the construction of: f PUBLIC UTILITIES AND STORM DRAIN IMPROVEMENTS AT COOPER LANDING, _ ECG THIM, PEASE C, DBNTON. TWAS PAGE ONE .5 e • :I 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, of the conditions including, u butf not arising from the improper work limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof r isinge orom imprioper excavation, backfilling, compacting or any other iod of this bond, which the ll per final and conclusive, the known or city engineer, unknown, at at whhoYose jtimeudgment during sha 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 ined sathe work as id work and auppamlryauoh reconstruct any defective condition of herein, it is agreed that the City may o 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 some shall shall not be charged, lhdiminishefl,ortinaany periodd, and the work manner affected from any cause during said time. I PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHOM?, this instrument is executed in triplicate, 19bee deemed an original, this the 2.L-4-day oaeh~n of which shall 19-4- • PRINCIPAL SURETY ! DICKERSM CONSTRUC'T'ION COMPA_N .L INC. ~RJ1R'lPORD l'"M&IM@IILN CANT y IIII • Y' - BY I B AT bRNl X-I . A~ • • HDM" L. MOORS I PACE TWO • i. ( RNEy 01? S NOT,: PO NOF A ORI R TO DATWB 1~ COST BE ATTACHED. DATE or BOND ST B-Z ATPESTi 8 i' is i i I . I I 3 w I i PAGE THREE • f HARTFORD CASUALTY INSURANCE COMPANY I.. exaCUTiYe Cows: Irs,dord. Conmeead POWER OF ATTORNEY Know all mien by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, a Corporation duty orpanl:ed Under me laws Of the Slate of Indiana, and haNnp Ila Execudv OWce In the City of Hanford. County of Hertford, Stab of CcnnectlcuL dose hereby make, Constitute and appoint RONALD E. ELSEY, BRUCE C. DENART, EDWARD L. MOORE, REGINA H. CARTER and ROSALYN D. NASSELL of NIMBLE, TERAS Its buts end lawful All in"(s)-WFedt, with full power and authority b each of saki Adomey(s)-in-Fact, In their somab Capacty N Can than one la named aoow, a sign, •xeau and sdknopnsdge any and all haws and Un ertakirlgs and oll w Wings Obligatory In the nature thereof on behalf of the Company in he business of guaranteeing the fidelity of persons ; Mom Islam of ' ~ pa brrrwtCeInneuranu gucontrscv whole surely bends are Of accContraicts other than epted by states ardlMunicipalitke, and executing or guaram•Ung bonds snd undertakings required or permitted in all actions of proceedings a by law allowed. end to bow the THE HARTFORD CASUALTY INSURANCE COMPANY thereby a fully and to Re suns extent u d such bortda and undeMWngs and other wntlrtge Obigafory 1n are n0= thereof were signed by an Executive Offerer of the HARTFORD CASUALTY INSURANCE COMPANY and sealed and 0sated by om otter of such OfBoen, and hereby .ad% and conk" ail thel its said Ahom•y(sH1n4licl may do In pursuance Hereof, ' This power of ani Is granted under and by sui of the logo" Resolutions adopted by ms Board of Directors t of On HARTFORD CASUALTY INSURANCE COMPANY at a meeting duty called and held on me 16th day CI June, 1get Ma0.VaD, tot FM IreFlFae a rtry NOP M1a~ata Pexrq..IF+nY MprDry a NMSM BFVFWY~ MM lnww aorw,"ay*W* w= 01 vtlPq wbPwr~MF In aM tix/P owes. orb er mae rlWdwe py NOe}I ,rlr. MltlaM re~Ntlrraba w M nwm, ' FY! W a any lime b bY00"NO and" Y10►Pre1LeA1, aM1aYx Atl lairl SWMaa a AaanayiMS0. srM rFW era ppwN W aaFewy el+sn b AeaWes I,M► pPwM wig *A", augeer b nor wml W (mYYara M powaa aaane/ Itlaed b wan, b waxes aM Ma.ar n Bawl M IM +axn4mMM W b = aw syWar~of" Cmrasny e0MO err W a tiaras W uNawarps," Mw wriWOF 1 .kply b es MH sYlleaM ee~slMa EyOrrcw.sun AdonMl^hF W feel b tl and^e Wen M CC^'Pa./ n d sipnPa by Pr Lam" OIIbN aid t RlafX4®.Iw. Ro N. R Saw. Asaaax VSePlsadad, tAa hart, tl b^a r M hpM1 Kaalw, eM sans De.'en .s srN Yb►PiW aam pxnvF b ear aaaaiQ Aw naaaAlaan. RESOLVED. art awed" Pn6IDNR a ay Nct4m me , " o n any meyy a AMwae Satrowl, I M FM power and sWwily b 1[. alpsYM pey~ aep~~ a %XF b 1A- pqawy a Bsa-.1rV sMheAbrnMaMnY Carl+l•faAd M" has. W aMt'u1air. a 00mly M FM nth Fwla, pna a rrbw Rssir/aM kYMPraslwW. ssewN ►MS AI .i NUM Fwewa, M eismRxtl a sum Oraears W eM asM a ear Ga+ea^/`xsy tis sMe b my a„al poser a.aan.y err bang tMMkaM ow "allabovewono latMp Was M C„ 7A r eweH a WA Dpwa sp aMairld srclMis! by IsMn1r9'M Iacwi/W MM LFHId W AMPi wYr,Mptl b ary CaM a wWrw,NQ M wh d 114 W 0WO, VNea1 b YloeP,eaeaM wMP lr awaar9 RMOkaal ravel Fudtplks, sNC xb apnMxe C1' fwwnll PIaWx M rntl wee ISCLVED. 0, M ROW N.4 I N Wiltiees Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has Caused Me" presents to be signed by ft Asatsbnt VIc*Preslderd, and its corporate "of to be hereto affixed, duty emued by its Seastary, title 1 It day of AuptM, 1560, HARTFORD CASUALTY INSURANCE COMPANY A~ R Issnnnrco y $ ~ r .,,asy Y ,'Iii Rath k e K S" bli 9TAlE OF CONNECTICUT ~ hFestx YKV /fekrdax COUNTY OF HARTFORD On this 1 atday of August, A. D. IM. belors me personally care Robert N. H. Seer, to me known, who brig by me • duty shorn, dJ depcee and say: mat he reekln In the County of Hartford, State of Connecticut; that he Is the Maielarll Uny- PreaWern of the HARTFORD CASUALTY INSURANCE COMPANY, the oogxMion described in end which executed the Wow IMWmsmt; that he knows the seal Of Me uld corporation; mat the aesl affi.ed to the said InstntmMl Is such Corporate Deal; that It was so ARixed by order of the Bond of OifectorD of said curporalfon and Ihat he Signed"Cane ~hreto by Aka order. TT"~>~'►a~s~- 9TATE OF CONNECTICUT arr. , JMn H COUNTY OF HARTFORD \ n ftble , r# kty COnslabb r lxps Minh 71, 4061 4R CEATHFICATE • • I, the undersigned, Assialsnt Secretary of me HAgTFuRO TFURO CASUALTY INSURANCE COMPANY, an Indiana Corporsllnn, DO HEREBY CERTIFY mal this foregoing and attached POWER OF ATTORNEY ?an" In ful force and his not been lavoked; and furthermore. mat Ina Res"llolm of the Board of Directors, set form In the Power at Attorney, we now In force, Signed and sealed at the City of Hanford, Dated the day of 10 t ly,~r w„`~~ Y/f.+~. /7 - lYM A JpfrMpe fIa rs,-.~~ AsWWel;tlr'tlay Form 5411414 fkCl PrinlsdN USA, 4 r i i [ r If. 33 Z I I 1 * Attachment B City of Denton `Development Contract' I` i• f I i i' I' -y _ r ~I..~y.,TY Il.ofl yA i!'~iK^N 'I +''r )F IJ~ l~l` 14~.P ~1~a14h'~~ fx 'I i i I 1 0G~~~nCODC~% 000 o e ODO o ~ ~ a r ~ o. 4a o a PC lk DD 000 DoOQG~~~O ONO (1 Y i I 1 r t i ~ i~.l.A3 ~ 3i. I 1. 5,.. 15.Y R x ' ~ A y4' i fP{ ~7 ~ ~S~x~ ,'1' • AAAOOD97 J PROJECT NO. ~ U CONTRACT NO. THE STATE OF TEXAS S DEVEWPMENT CONTRACT COUNTY OF DENTON S Whereas, nl~n~G'/'`dyv Sri hereafter referred to as "Owner," whose business address is is the owner of real property located in the corporate limi,:s 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 th?.s contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or i i i i i 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 JC/D fSni.~,~, ~ ~CfrPO~ ~~ra 1 the owner, Contractor and city, in consideration of their mutual I promises and covenants contained herein, agree as follows: i f I. Covenarts 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 City's Standard Specifications for 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 • O the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 • I J (c) Insurance. 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 Central 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 J • (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 Cityts 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 5 771 • material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Fin-111 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) Encumbrances. 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 encuabrance is made, or found to exist, against the Improvements, or land II dodicated to the City, to which they are affixed, the Owner and I 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 i i 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 si!stained 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 agent:, 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_ Controllinc. That the provision of this 0 agreement shall control over any conflicting provision of any contract between the owner and contractor as to the construction of the Improvements. PAGE 7 i • 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 Cityfs 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 Occupanc 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 a contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 • 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. q Executed in triplicate this, fL day of 19E. OWNER CONTRACTOR BY: BY: CITY OF DENTON, TEXAS lll/// 1 C Y MANAGER ATTEST: 1 'W J NNIF R WALTERS, CITY-JS ECR ARY APPRO'-;FD AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BYs=qp <o r~ S'r ✓ ~ cJ ~ ~ c, y, ~ 7~Q ~ r~7~~, o vP r~ i..? d' Y'N iJ rN,»C+. cc. ~I '_b6 4e- U,'.tr au{4oy~7- 9,1 6~ the CIJ UY? • rl'~/.o e +JJ~~f'0~7rid~e lI7.SUYa-y1C~~ Cyr , ,CQf0- /S • • frt.)V"J 11 by 4-e cc,ner-l(74nlriici-a r , PAGE 9 • 1233L i PROJECT NO. S'~U CONTRACT N0.~ THE STATE Of' TEXAS g COUNTY OF UENrON 9 ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND (Development Contract-Improvements of $5U,000 or Less) WHEREAS, 'AwLa-z,JI. ' , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial ,jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the improvements is $50,000 or • • • less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not lose than the amount necessary to insure completion of said Improvements; • • I 1 NUN, 'rNEREFORE, OWNER, City and hereafter called "Escrow Agent", agree as follows: 1. Amount, Owner, as a condition to receiving building per- mits for property located at C~jjJ ~ill~s.1➢`yPt_ 7 Y ~-~-r---/ _ shell deposit the sum of d v r' in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure j completion of all improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the A&k day of I 19~, between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount 1 specified herein, has been deposited in an escrow account with Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for r tie re iii as follows: (a) the City Engineer shall authorize the release all the escrowed funds when all Improvements are PAGE 2 ( h t „ 0 • • i f completed and approved in accordance with provisions of t development of which shall be t made contract; athe City Engineer whose ,Judgment shall be binding on all parties hereto, (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed sodlongrasetherreaccepted by maining funds the City treleased stages, sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City, 3. Notices, Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: /,(y V/ f 5; . ESCROW AGENT: t 4. Fees. Owner agrees to pay any and all fees or costs • charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery • of the amounts deposited in the Escrow Account in accordance • • with this agreement, The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in PAGE 3 • . I connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following; „ (a) withhold end/or stop all further performance under this agreement until the Escrow Agent is satisfied, form and the document in sub,raceptsatof a isfactory written Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent jui+is- diction, an order binding all parties interested In the matter. b. Successors and Assigns. This agreement shall be bindinii upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 • . 3 I r I IN WITNESS K14FREOF, the said City, Owner, and Escrow Agent j have signed this instrument this 1L day of OCL~ -e t' 19 CITY OF DENTON OWNER BY: BY: ' I L'd7 /YG ESCROW AGENT BY. .4 41 i i s PAGE 5 ~ r r i • mzf a „ t 114166 Three R Construction Co., Inc. Escrow with THIS CERTIFIES THAT City. o£ Tlanten TYPE Of CERTIFICATE bear CD SSlr__ ADDRESS PO Box 231, Denton, Tz 16202 HAS UE"IIEO WffH DO NOT RELEASE WITBOUT NEtYTCCEN PEy MSSION FROM TEE CITY OF DENTON F#RST STATE BANK OFTEXAS FtFST zTaru w" 11I II,I $2&0.00 _ - - -~7flR II uu IV f i~ - ~ D6NTON hRl bwm worn Irlnwlul -DOLLARS Issue Dale MAturi Date Oays/Mos. Int. Rale IM. Payable it Inf. to Aci7. a Mall Int. Ck. 591. Inst. Tell" 0-11-9s 10-11-96 12 cos S.oo at mat ca IDhrr~~ppyy b.w kmawnh rMMrln . T, .r.^ ❑ )In NM.OAlitRlMATURIr, nMr. p. y ,_.(y.J/Xrr nMen, I Ha w4'y MmwaM MM:~~: /r ,Mrim dm n,M b rtArem dir CMAUI! runr wKINI w IMhMN maWly dW ' `1.. '+~/,:':i f': ter.". `r1•h" µnlr,MP[O WfKI, W+Suw~au____.~.r_...uca~ YIIIAII[ClR1VSAilW DIRJ41 I 1 I • I ~ . ~c~~ dv nI t . v~ o ;s 40 lee 71 I 'V,"..7 / y a - C/Y :V Q LA) LYn o s" 2, ~ ~PrT LCJ cf ~ 37 /lea Y A4 Tfc✓e rya bet rogc~%~ v "T ~ ~ s 'gas y a (~u~na✓ ~'SC~'a~~~, d "'Z6o00 i {1 1 i i - i ' I i . c ..r , _ . .....rex~x+.r_w,wbcMiM4`IAAKM0.4t~1mM6YA~MY61Wi~NlYMN~N~IMw~A M,x.,.r..:.vn r. •r n......:.., i OO0~`pCpOt1CODGOp0~O0 O *A,0% o Q 000 f ~~OOQQOOd00~0~ ~ ,r l i I i 1 I 1 ~ i s • i i i ~ • • 1 I 4 I 1 i W :1... ld]ra r i • r SEP-12-1995 18:15 DC4EN FINAWIAL CORP. 407 681 8174 P.11/19 AAA00097 PROJECT NO. CONTRACT No. THE STATE or TEXAS S nrvrTnrHt~1T CONTffi COUNTY OF DENTON S Whereas, hereafter referred to as "Owner," whose business address is The Forum 1675 Palm Beach Lakes Blvd, West Palm Beafth, FL r 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 z.s "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 • • IJ 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 • SEP°12-1995 18115 OCIJEN FIWKIAL CORP. 407 681 8174 P.12i19 whereat', the owner elects to make such ImprovexehCe hereafter set forth by contracting with GLOBAL CONSTRUCTION COMPANY LLC whose business address is 7211 Regency Square Blvd. #250 Houston TX 77036 , 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; WITHESSETB 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 1606 East McKinney St., Denton, TX 76201 , 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 TI and XXX of the City's Stanlard uet+on 27orth Central Taxae, s,-+*+gatione for pur]ie Works e n tr as amended, and all addenduss thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 a. ' _...i u-..r 1.. r L `771 I, r SEP-12-1995 10=16 OCWEN FINANCIAL CORP. 487 661 8174 P.13/19 specifications, standards, regulations and ordinances being expressly incorporated herein-by reference and being made a part of the agreement as though written herein. (b) ha ty of City Engineer; inatnections. Teats and r9 derg. That all work on th(; 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 remodiad to • • the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept tha Improvements. PAGE 3 e i i I SEP-12-1995 18:16 XWEN FINf* CIPL CORP. 407 6E1 8194 P. 14/19 (c) Znsurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided I for in Item 1.26 of Division I of the atandard Specifications Zuhlliin WorSeAi Cons}..ac ion North central Texas, an amended, the provisions of which are expressly incorporated herein by referenceI 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 tha 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. Mytgs Covenants of owner and Contractor. Owner and contractor mutually agree us followst (a) Perforr, nce Bonds; craw 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 compiat■ the improvements, as 4+ determined by the City Engineer, sball be submitted w 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 authorised to do business in the State of Texas; or, PACE 4 0 SEP-12-1995 18:17 OC•.EN FINANCIAL CORP. 407 6131 8174 P.1"9 (ii) if the cost of ctmplating the Improvemants, 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) MMent 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 claizants 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 Terns; or, (ii) if the total contract amount of all Improvements is $500000 or less, as determined by the city Engineer, or the Improvements, regardless of the contract mmount, are for a "one lot development," as defined by City's Development code, and a payment band 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 £om provided by the City Engineer, stating that all bids, charges, accounts or claimv for labor performed and material furnished in connection with the construction of the Improvezents have been paid in full and that there • are no unreleased recorded lions 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 • EWP-1^-1995 teits ocwE.N Fi4*CIAL CORP. 497 681 8174 P.16/19 r' material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c)' Rota inaC• F4na1 Parents. [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 monsy due for labor, materials, apparatus, fi.ctures or madhinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) =cumbrances. 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 lioxis, 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, PUCE b JI 1 • ' a li kP-12-1995 18118 OCkEN FIN?NCIAL CORP. 487 681 8174 P.17/19 lien, charge or enoumbrance, in favor of the City, to ansure payment of such claim, lien, charge or encumbrance. (e) Hpint-annancq 9ond. 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 (101) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and vorknanship 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 1 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 or 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 acccunt 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) dgreetmgnteontrollin That the provision of this 0 agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the improvements, PAGE 7 i • i • SEPr12-1995 18119 OC4EN FIF4'* CIFL CORP. 487 681 8174 P.18/19 {{I 1 3. a_ecuDanevr One Lot 04velo23ents. Owner further agrees as 1 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 $7,000.00 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 City's 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 Ocoupancy 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 A • fem. I • SeP712-1995 161'20 OC4EN FINANCIAL CORP. M7 661 0174 P.19i19 6. successor , - This contract shall be bilding upon and inure to the benefit of. the parties hereto, their respective successors and assigns. No Executed in triplicate this, day aE sCi/11>/Am5x' , I~ • OWNM COUNTRY PARK, L.P. COM7,MCTOR GLOBAL CONSTRUCTI COMPANY, LLC BY1 GARY L. MAY 6 CHARLES N. ELLA, J . CITY OF D TE Yt C7 EAGER ATTIST i t5 1r WALT-Use CITY AR APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY • BY: - { r PAGE 9 r d .1:I+m.1/4~ARq .1. • • EXHIBIT A Cityside Walk 1208 sf x $2.001sf = $2,416. i i s , I I - ~A T'~Ff~ : 'nr. tl t t , 1 `r, r~ ~ s 0 J I Bond 419-001-322 DnOJ£CT No, CONTRACT NO. L I PERroRwca BOND i i THE STATE OF TEXAS 5 KNC)w nt, ?SP.N by THL"3E PRESENTS, COUNTY OF DENTOX 5 I TIP- Tha 3500 S. Gesaner, Suite 201, Houston, TX 77063 of Harris _ County, Texas, hereinafter called Principal and Liberty Mutual Insurance Company, 600 W. Germantown Pike, Plymouth Meeting, PA 19462 a corporation organized under the laws of the s ate or Hasa is and authorised to do bpsines■ in the State ,of Texas, hard na nr Celled "suratX", era bald and liraly bound unto th4 City of Denton, Texas, a Municipal corporation, in Denton County, Texas, hereihaEtor oallsd ~,Cityu in this penal sum of tic Tt&ueand Four Hundred and Sixteen 2,416.00 Dollars, lawtul aaonay of tho Vn tad states, for tho payment of which sum well and truly to be made we bind auraelvas, our hairs, executors, adminietratoors) and suooeeaors, jointly and severally, and firmly by theca pr THE Condition of this obligation is such thats WH$R$AS, t e principal enters in c c rtain contraot with Owner, dated Ztp the day o! , L9.2 1--o , in the o Don on, Texas) has an propor pariormance of whlah tba C Y int6t tor I copy the oo of which is hereto attached and aide a part eol City Sidewalk and Now, m11rxLsFOtlt, if the' Principal shall wall, truly faithfully aquas to be performed and fulfilled all 01 the undertakings, covenants, terms, conditions and agreements of said eantraot in accordance with the Plans, Spec ~tieations, and Contract any ereof Docbonts which may bo grantad,~withor ithout;otiiOe to the surety, th PACE Wit i i c 0 and duvin the life or any guaranty required under the centraot, and shall galso well and truly Causo to be performed and fulfilled all the covenants, terms end conditions and agreamvrts of any and modifications all 4uthorited bomadeI notice ofwhichmoditicationsctotthetu~ty mbeingrhereby waived, then this o liotion shall be void/ otherwive to remain in full force and o PROV"_:,ED, further, that if any legal action be filed on this bond, Vnnue 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 tax-as of the cspacifio or to the woo eperfoormed thereunder, or the Plana, accompanying the same shall in anywise affect its obligation on this bond, and it doos hereby waive notios of any such change, extension of time, alUrat4on ar addition to the terms of the Contrakt~ or to the work to be performed thereunder. IN WITNESS WHFR,TOF, this instrument is axoduted in triplicate, each yne of which chalg be deemed an original, this the day of -;1-5- PRINCIPAL otmrn C1, Liberty Mutual Ineur~ enc~_,ComP.PaY x- a Byt a - 8Yt ATTGR7EY-,hN; ACT Harry So neon ATTF, ST ( f CR A7tY ~__R;a~ • NOTE, PowE or TTMEY or ounETy DTE op KUST XTTACRBD. DATF of BONA KV5T NOT hE FIXOR TO f PACE TWO ~I I Bond #19-001-322 PROJECT NO. ~I / CONTRACT NO. PAyMPNT BOND THE STATE OF TEXAS 5 COUNTY or DENTON S THAT Global Construction Com an 3500 S. Gessner, suite 201,' Houston, TX 77063 1 of ^Hiirrle COUntyp Tuxas, herainatter called prinaipal and Liberty Mutual Insurance Compan 600 W. Gennantn+ Pik - r, Plymouth Meeting, PA 19462 s corporation organized under the lows or the State of and euthorizad to do but nags in the State of Tsxee, horp na ter oallod "surety" are held and firmly bound unto the City of Denton, Texaa, a xuni~oipal Corporation, in Denton County, TOXas, hor•inaftor axlled "City', end unto all persons, firms and corporationa who may furnish materials for or perform labor upon the penal slim of manta referred to in the the ea buildings, oontraot, structures atthh Hundred and Sixteen 2,416 DollarM, lawful money of the United States, to ba paid in Denton, Denton County, Texae,. for the Payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and suooessore, jointly and severally. THE Condition of this Obligation is auoh thets • WHERWI the principal entered into a certain o ntraat with Owner Gated the r G day of f in the a en on, axes, hoe en p-.,rar parformancR O~which thn C ty intf'rest, a copy of which is hereto attachod and made a part horeoL, for the construction oft City :Hdewalk PAGE ONE • • x THF3tEFORE0 if the Principal shall Wail, truly, and i faiGhtul ully cause t° be permedito alliah®rsons' firma, Contractor co make prompt payment contraoters, corporations and claimants supplying labor and the work material in the prosecution of authorized mods i anon of said contract and any end aa•1 duly contract that may hereafter kpo 2e,rjotice tof which he thieooblie&tion of this sur3ty is haroby axP y waived, shall be void; Otherwise to remain in full force and effect. Provided rurrin aDenton t it AnY ItgeITa action be tiled upon this bond, venue shall llv AND TKAT. e osid surety for value reosivea hereb stipulates ion of time, alteration or&dditionato the terms agrees that no change, the Plana, Spaai iations, o Drawings, work ~r accompanying theraame n shall in anywise affect its Obligation ngo, his bon ionnotitkioes extensf hereby , waive notice of +►nY such to t be ibn or addition ndarhe terms of the contract, or to the work IN WITNF99 WHFJ=F, this instrument is vxaeuted in tr1 (wade, eaeh one of wh shall b deemed an original, this the , of 14., PRINCIPAL. $VRETY / e Liberty Mutual Inaurance Company C'atn Y , ~r'~?1~ Gxr,~+lU~ GY; Sys R); N-F CT Barry R. Johnson ATTEST; • 8ECRETW C) a NOTZC DATE OF PAYMENT DOND MUST NOT DE PRIOR TO DATE OF CONTRACT. • • • PACE TVO ,1 ] . __...:y-.,.......-.,.Y.. _.~+o-w. rte''" 71 ~k+}~, f+ ~'4 ~-:iS{T.I( w,it,~`id ~ ' • ,t ~ se[ 0 Bond #19-001-322 PROJECT N0, - /n CON'T'RACT NO, , CONTRACTOR'S MAINTEWCE BOND (D$VELOpMENT CONTRACT) THE STATE Or TUAC S KNOW ALL MEN By THESE pRESUNTS1 CoUt:T or DLNTON 9 That Global Construction Com an LLC 3500 S. Gesaner, Suite 2011 Houston, TX 77063 of Harris T County, Texan, hereinafter called Principal and Liberty Mutual Insurance Ccmpan0 W. Germantown Pike, Plymouth Meeting, PA 19462 burin er t inAaeBtataho"BTOX45, herecnafter Danton, andoepttthor on t oanized called ,Surety"r are held and firmly bouna unto TsXas, hoosainefter Ta::aS, a Municippal Corporation, in D4:1xon countY~r{ Pony called "city" in the panel sum of Ji,.. 242,00 lawful money of t e n ted States, the ea d sum bsin ten Dollars, percent (201 of the total .amount of the hereinafter went onaa contraot, for the paym4nt of which t31]m well a pflministretoYS,adeand bind ourerlvan, our heirs, executor;, oucoaosore, jointly and severally. THE condition of this Obligation is such that: VmE1tF.AS, the Principal ant'arad into a certain c n raoitn with owner, dated the daY Of pntOn TpXaS, hoe an perfarmanue of which the C Y proper inrYtereautcp, a copy of whioh is harato attached and made, a part hereof, roCityhSidew9lk uctibn ofI 0 0 0 PAGE ONn a i I i J • NDW( THEREFORE( if the Principal uhall wall, truly( and ! faithfully maintain and ksep in good repair the work contrasted to bn done and performod for a period of one (S) year from the dabs of acceptance in writing by the City of Denton and do all necessary work and repair of any defectiva conditions growing out of or arising from the improper work of the mama, Including, but not limited to, any nettling, breaking, cracking or other defective Condition of any of the work or part thereof arising from improper other cause or con exoavation, , at any t n&adurim thee R riod of this bonflldiwhich the or city unknown, whose jtudvment shall b,6 final and conclusive, the anginssx, detarainee to be the result of defective work, matariala or labor- then this obligation shall be void, otherwise to remain in full foroo,and effect, 7i oaso the said Principal shall of to maintain, repair or ined reconstruct any defaOtiva condition Aa said work. and supply mare it is agreed that the O the cum against tha said Principal materials as necessary and charge and Surety on this abligation. it is rurtner egreod that this obligation aeall borcontinued one against the principal and aursbY and tTa is providedauntilotnerrulloeamountbofothisiband &hall conditions herein b46n exhausted, and it is further understood that teeidb maiati ntenonance maintain said work shall continue throughout period, and the save 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 *,his bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is eXanuted in triplioaate, aach aria of which shall be deemed an original, this the T-C, 1p.9& - • $LrnTY ~ _.~~i v (~Liberty Mutual Insurance Company • DY; gy: TTO [EY Joneon Barry PAGE TI;o I f r • • PR1 R TO Dl►T F orrlRAC"3' TTACHED. DATE of RONO NOTE, poWIRNOp -BE ATTORV ATTESTS ncrIT i i j i • 1 E 'i PAGA' TH=X Y, o • THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 079693 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except lr the manner and to the extent herein slated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY j KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'(, a Massachusetts mutual Inswanco company, piIauant to and by authonly of the Bylaw and Authorizallon hereinafter set forth, does hereby name, constitute and appoint, MICHAEL J. MITCHELL, HARRY R. JOHNSON, KEVIN P. ADAMS, LINDA DOZIER, MARTIN J. PURCELL, ALL OF THE CITY OF PHILADELPHIA, STATE OF PENNSYLVANIA . . . . . . . each Individually if there he more than one named, its true and lawful ollorrey-in-lacl fat make, execute, seal, ackn,.vledge and dolivo•. ror and on its behall as surely and as its act and deed, any and all undoi,01ngs, bonds, recoynizances and other surely obligations in the penal sum not exceeding FIF Y 1 r!r..,••r.•rrrrlrxxeru•raun.sum,,,, DOLLARS (S 5(1 AA ) each, and the execution of such bonds or E unonegb; in pursuance of these presents, shall be as binding upon the CompaiI?%1QRTey had been duly signed by the president and attested by the srciolary of the Company In Iheinown proporporsons. I r_~ I (p That this powor is made and executed pursuanl Io and by augiorily of Iho following By-low and AuthonzA lion 9 ARTICLE XVI - Execution of Contracts: Section 5, Surely Bondsand Undertakings. „ $ The piesldeol or a vice president or an assistant vice president aulhaized for that papaw in writing by the president and the secretary or on c assistant secretary nuthorized for Iho( purpose in writing by the president. subject to such limilili as the board may prescribe, shall appoint Y. such allomoysIn-lacl, as may be necessary to act in bohelf of Ilse company to make. execulo, seal, acknowledge and delive, as surely any rt of ~ and all undertakings, bonds, rocagnirances and other surely obliyalions, Such attorneys in-fact , subject to the Iimilalions sal 1onh in Iheir respeclive powers of altorray, shall have full power U bind the company by their signaturo and execution of any such Instruments and la af Or alloch thereto lice seal of the company edhe, by an impression of the seal or by the attachment of a seal of paper a other simllor subslnnce 0 0 s barring a facsimile Impression of the seal When so executed such insirumonls shall be as binding as if signed by the president and attested l W _ by the secretary , t E d 'N~N By the following instrument the presidonl has authorized the ollicers named Boot n to appoint attorneysdndnct: O 3 D Pursuant to Article XVI, Section 5 of the Bylaw,-. Vice President H. Robert Schlolike, together with Assislant secretary Oarnel W. Elliafl, ere 4 9 horaby authorized to appoint such attorneys in-fact As may up necessary to act In behalf of the Company to make, execute, seul, acknowledge "O a O and deliver as scaly any and all mlderlaklngs, bonds, recognlznn res andolher surely obligations g tD That the By-law and the Aulhoriza(ion above sot forth are true copies thereof and era now in lull force and effect. O E IN WITNESS WHEREOF, this instrument has been subsmibod by [1s authorized officer aril Ilia corporate seal of the said Liberty Mutual Insurance a to ._day of V9 _ O Company hastwen affixed thereto In Plymouth Meeting, Pennsylvania this 111111111 _ SEPTEMBER 1:1 g LIBERTY MUTUAL INSURANCE COMPANY rim Q3~ / e L t1{ B H. Robes Scnialko, V~ sdanl y 6emol W. Elfioa, Assislant Sxaalary ~~I + C.r~ COMMONWEALTH Or PENN SYLVANIAp~i~upass 9 pse ry f7 LV COUNTY on this I Individual, known to and ha acknowled j me to be IOho lhlPOP desc lad kWiyitlunRira(t7~7RCer Ul liberty Mutual Iasi:Nn+ a lns he who ethe of sird y came the preceding strumo and `P grid ]list he executed IIM,garhe told.t~N Iho seal affixed to the said preceding sIUma corporate Ilia( said conptorole F seal and his slgnatuali At1 liar pgdl Ih6fejA,was duly olllxeil and subscdbed to the said instrument by Authority and direction of the said Company • x ~ I IN TES'TIMO~Y,V~IH@F1EOF. I IaeY`aliri sal my hand and affix my olticial seal al Plyou Meeting, P the clay-and year first ADOVe written Notary Public \ .pit • ! tE CERTIFICAu I, the undersigned A l►`taH1~$sCielnry M Liberty Mutual InSUNWCe Company, do hereby certify that the original power of ahmney of which the Icmgang Is a full. boat and CeflFiC(copy, Is In full force and effect on the date of this cmtificate: and I do further canify that the office who executed the said power of attorney was one of the officers specially authorized by I rat board to appoint any allomeylmfacl As provided In Artklo XVI, Section 5 of the By lnws of Ilia Liberty Mutual Insurance Company, This C0011icalo may be signed by ACellalle under and by authority of (he follnwtng vote of the board of directors of the liberty Mutual Insurance • Company at A mooling duly called and held on Ilia 121h day of March, 1980. VOTED Ihal the lacsimile or mechanirallg roproducod slgnuture of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by Ilia Company, shall be valid and binding upon the company with the same force and effect as though manuaky alllxed ~f/ IN TESTIM~J O ,ya hereunto upscnbed my name antl Affixed the corporate seal of the said company, this d 5i day of 19'S.. A6ai~eCfelary ~ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY 130`;0 WITH AN INCEPTION DATE AFTER_ Lux-._10 • LAberdy Mutual lasdnnce Company Statutory R11111ce Sheet (dollan In thousands) j %am December 311, 1994 Bonds _ $11.699.372 Cwm ud Pnfcnal Slocka 1.633,716 Rol Esuw .....~............,.1-.,,..... 97,952 Cash and $Wr%'Tum Uvavnmu 78136 Odw Invested Assets 139.667 I Subtotal Cash and Tovea ul Arista ~ 13.638.%3 pmmiwo is Coupe of Colkolon•..,.,...._...».»__..,_......................»..........»_.~ 2,430169 RNmuranm Rawyeriblu on Los ad Loa Ad*WwW ExPow PaYrwou 210,311 Imwol thyWeds sad Rol Etaw Income Due std Accrued 111.117 O0wr Auld 502.414 TOTAL ADMITTED ASSETS 316.937.730 UablBtka and Surplus Reserve for l.esaea std Lau A41UWr ME.ePma._....._............................ SIIAS01MT Rouve fat UkaroW Remlums.... ....„_ti...,...........»...,__,..,...,._....,............. U87.191 Mamma Pay" mPaW fcds adlou AdpMUnmt Bapeosa....,.....,...,........... 78,730 PedeW Tacenw Tax and State Premium Taste Aovued . 73.173 Odw Usbilhas . 872,159 WTALUABILSTE3 1i%2,916 Vassal Ind Surylw 2,942,159 Prnvlda for DivWen&Not Deg" 31,405 7,974,114 OuaTOTnALahy WSUReds PL ...US.._....... . . 1130 . TOTAL LWD3TWS AND SURPLUS - £I6.937.7b (•EAdodel praNum own din 9U days due.) C'OMMONWP.ALTH OF MASSACRUSETT3 SS: COUNTY OF SUFFOLK 1. Paul CoMe, W. being duly aaom, Meys: Thal he Is Aselsaa Vlea Raldeat sd CanpooI W of L berry MhwW Wnnnoe Company, dw j d Coeapwy is a w" WwaheeoompKoy duly oslpwsim , akd" rod mpgd is budaa a a way by vbaw of der Iaws of der Commo wwM of Ma eia aem aid has duly oonylbd With all d* M"kwwoa of der Is" of Meld CormneavnsNb and of the Wn of der Sc" of........._.,.....,_.. _........._,..~pplloabk to Wd Company ad Is duly gW WW w a as aunty undor Koch Iwn; tut saW Company Ku ow oomplled mdh std it duly qualleW to sa se Rmy on fail" boads under Swice 9301 of Tide 31 of der Untied Saes Code. • That the k"Vieg Is a full, ova ad aonen lawmem d dw thancial aoadon of old Coovpuvy oe der 31 M day of December. IS 94. t Swom to Edon me tb" 17dh day of Much, 1993 t i 1 MY Commistloo EXPlm. 1. Ct • .J CQ AaM I V PMww MW Ca Pwnw 1 I. t e . e r ~ y .R i r' s~ I ~r 1 a 1e ~ e e i r 7~'$~ x~ r~j~~sl r i r OCGC~Caacoo00, l pppp " ° e 1^1 A. lO p~ G7 o 0000000 0 0 0 0 H ppO~pO aaoo • A L i i i i i • J 1 AAAOOD97 PROSECT No. 1~~•pp~2 CONTRACT NO. :QfLl2 I THE STATE of TEXAS S I)MIS PMENT CONTRACT COUNTY OF DENTON S Whereas(, Nal , ,q ;6~ hereafter referred to as "Owner," whose business address is 701 S. Walton Blvd., Bentonville, AR 72716 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 reforrad to as "Ci,ty"; and Whereas, as a condition to the beginning of construction of paid 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 tha public, hereafter referred to as "Improvements," are constructed in accordance with the Cityfs specifications, standards and ordinances; and [select applicable provision as follows) Whereas, the Owner elects to construct the improvements • • • a5.thout contracting with another party as prima contractor, in which case the provisions of this contract which rarer to "owner" or "Contractor" shall mean the owner as named above, or • v s whereas, the owner elects to make such Improvements hereafta: Dal-Mac Construction Co. with eet forth by contracting whose business address is P. 0. Box 830160, Richardson, Tx 75083 , hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest 3n ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, i become public property, are properly constructed in accordance with the City's specifications And that payment is made theraforl WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by referenoe, to be installed and constructed at 1515 South Loop 288, Denton, Texas ,'6201 the Owner, contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Cove nant~oe Contractor, Contractor &grafts as follows: (a) 5gecific ations. To construct and install the Tmprovements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv's Standard • ,syeo pir.n iCl18. or publlo,,,Wvgke 0 nstructi0 N rrh central Texaa, • r as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 i i I 1 i 1 \ 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 I Orders That all work on the Improvements shall be performed in a I 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 even} 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 ` 0 the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 i (c) Insurance. 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 Srecifications f 2l Public Works Construction. North Central Texas, as amended, the I 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. Mut]aal sovenants 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 r (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 Texaia; or, PAGE 4 • 71 ast • (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 (1000 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. t 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 t • I material for, the construction of the Improvements, ' and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainaae• Final Payment-e. [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 I 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) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City freo and clear of all liana, 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 i 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 i + + promptly post a bond with the City in the amount of such claim, PAGE 6 • • I i 1 f lien, charge or encumbrance, in favor of the City, to ensure 1 1 payment of such claim, lien, charge or encumbrance. 1 (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in I~ form and substance acceptable to the City, in the amount of ten percent (10t) 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 ~e 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 much injury or damage. • (g) Aar2ement 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 City's 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 r 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_Governina 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 mm I w~J 1 { 6. Successor and Assigns. 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 October , 1995 OWNER CONTRACTOR WAL-MART STORES, INC. DAL-MAC CONSTRUCTION COMPANY BY: _ BY: J. R u t ~ Bradford Mc Junkin, President ra./ A p Sann~ ~}i~ QrGS IXef~ i CITY O4DEN, TEXAS BYCMANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~f 01 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: V PAGE 9 w w • EXHIBIT "A" PROPOSED PUBLIC WATER AND SEWER UTILITIES IMPROVEMENTS TO SERVE, WAL-MART ADDITION 1515 SOUTH LOOP 7A5, OENTON, TEXAS WATER AND SEWEE 11TII.ITIFS A. Sanitary Sewer 12' PVC SDR35 2,620 LP $17.00 LP $44,540 , 8" PVC SDR35 345 LF $15.00 LF S5,175 Manhole 10 EA 5200.00 FA $26,000 Manhole over Existing Line ® Spencer Road I EA 54,000.00 EA 54,000 B. Water (all of 1-Ines A, B, C, D and E, excluding the domestic and irrigation service lines. ` 16" C-90 PVC 365 LF $36.00 LP $13,140 12" C-900 PVC 2,371 LF $21.00 IT $49,791 8" C-900 PVC 3,412 LF $15.00 LP 551,180 6" C-900 PVC 300 LP 514.00 LP $4,20 Piro Hydrant 14 EA 51,600.0 EA $22,40 16" Gate Valve 2 EA $4,000.0 EA S8,000 12" Gate Valve 5 EA 5950.00 EA $4,750 8" Gate Valve 10 EA $600.00 EA 56,000 6" Gate Vave W EA $50000 FA $7,000 3" Gate Valve 2 EA S40.00 EA $80 Cast Iron Finingi 3.5 TON 53,50.00 TON $12,250 20"x16" Gifford Hill Concrete Pipe Tap I EA $5,000.00 EA $5,000 24" Bore and Casing 85 LF $190.00 LF $15,30 Water Meter (3" Compound) I EA $8,500.00 EA S8,500 Water Meter (2" Turbo) I EA SI,000,00 E.A SI00 Barkllow Preventer (2") 1 EA S1.0*00 EA $1,00 Thrust Block 10 CY $20.00 CY 52,000 Total improvements $292,026 i 1 i • JJ AAA019DF BOND NO. 15-84-85 PROJECT NO. ~e?2 i CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON § That DAL-MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and c THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street. Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pelvania and authorized to do business in the State of Texas, hereinafter 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 Two hundred ninety two thousand twenty six and no/100 f$ 292,026,00 1 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated qA the day of October , 19 95 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: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Dentot, TX 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 ext-nsion thereof which may be granted, with or without notice to the su_. qty, PAGE ONE MEN • 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 covenant's, s and conditions and agreements of any and all i authorized mod' :ons of said Contract that may hereafter bemade, notice of whici. ;fications to the surety being hereby waived; then this c;, igation 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 WHFREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the _S,~__ day of October , 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION CWHPANY THE INSURANCE COHPANY 0: M STATE OF PENNSYLVANIA BY: r BY: Bradford Mc Junkin, President A ORNEY-IN-FACT- ianice G. Correy ATTEST: ECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i t PAGE TWO p . i • • 1 J { a AAA019DF i BOND NO. 15-84-85 \ PROTECT NO. i CONTRACT NO. X66 PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S l THAT DAL-MAC CONSTRUCTION COMPANY fE 11I West.Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of p nna lvania 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", and unto all persons, firms 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 Two hundred ninety two thousand twenty six and no/100 292,026.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for tho 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 4?h day of October , 1995 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: • • PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1 i 1515 South Loop 288, Denton, TX PAGE. ONE . _ ~A]r LEAF. • s i 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 1 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 affoct 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 WOEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 41%_ day of October 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA cl}1a~ S~% Lam:?! BY: BY, Bradford Me lunkin, President ~ftORNEY-IN-FACT ATTEST: Janice G. Correy . • ECRETARY f NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO 1 • AAA019DF BOND NO. 15-84-85 E PROJECT NO. CONTRACT NO. I CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That DAL-MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richerdeun, TX 75080-0160 of Dallas w County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of p~en{r~geyy~lvanie 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, hereinaf':.er called "Ciity" in the penal sum of Two hundred ninety two thouaand twenty six and nollOO -----------------------------------15 292,026,00 1 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 ceitain contract with Owner, dated the _1% day of October , 19 95 , 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: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE e • 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, o,.,erwise 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 October , 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY:~, BY: Bradford Mc Junkin, President A RNEY-IN-FACT Jhnice G. Correy PAGE TWO . • • i i 1 1 i . i NOTE: POWER OF ATTORNEY OF SURETY MTST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. rt ATTEST: SECRETARY t; 1 II I PAGE THREE aw i y POWER OF ATTORNEY The Insurance Company of the state of Pennsylvania Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No 09-B-060t6 KNOW ALL MEN BY THEFE PRESENTS: That The lamranca Company of the State of Pennsylvania, a Pennsylvania corporation, dose hereby appoint -Joe Bruce, Janice G. Corny, Dorothy Vafek, Kathleen Day, Pamtll■ McLem°re: of Dallas, Texas-- its true and lawful Attorney(s)-in•Fact, with full authority to execute on its behalf bonds, undertakings, reco~ni7ancea and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. I IN WITNESS WHEREOF, The Insurance Company of the Slate of Pennsylvania has exocuted these presents t this Zillday of 5c k m r, 191,4. William D. Smith, President S'L'ATE OF NEW YORK COUNTY OF NEW YORK)a& On this 2211L_ of,5Gplgmkr, 1994, before me came the above named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual J05fpH g. NOZZOtfO and officer described herein, and acknowledged that he Naary public, srue of No. y„k executed the foregoing instnuuenl and affixed the seal of said No. 61-NO4652754 corporation thereto by authorily of his office. Quithnad in We t hs a Jm. o(V CERTIFICATE PxurpU of Nesotulion adoplrJ by Ute nou d of 1)irecras of The bwu xr c Compaiy of doe State of Ptnnsylcrnil m May 18, N78'. "RESOL. VE D, that the Chairman of the NWd, the RdidrM o any Via Prmdenl ix, lid hereby is, a da ed to afp,int Pnorne)t-imFad to reprtaent and act fa and on belie It of Uw Company to exnrne horde, untdedakingi, Hoogninnca lid other axNMYa of inkmnily and writings ubligoloo- in the nature fli"cof, and to attach Mato the corporate Hal of the Company, in the Vusceciiorl of iu surety huaineer, "RESOLVED, that the signatures and allegations of such of and the seal ofN Company may be affixed to any such Powev of AntvrHy in to any mKiGeate "196" therNo by fuyinule, and any such Power of Attevney or cerlillule trotting rush faaimile signtatutes ce facaimile real shall lx valid and boding upon the Company when so atnsed with reepai to any home, undotaking, reoognieanct or ether contract of indemnity « writing obligat,vy in the rWun thereof, ,RESOLVED, that any such Atl aw '•in•F'ad delivering a mcretwu[ ttdi6catitm that the fungouig resolntioru dill be in efted m,ty imrd in such certifiW im the date t1uteof, said date to to not lain than tht date of delivery thereof h)'sudn Anomey-in-Fun" f, Rlirabeui NI, Tuck, Swelmy of The Insurance Cornpsny of Wt Slate or Pelm)Ivanis, du hereby certify chat Ute h"cgoing exce" of Itesolu0cm ad,yued by the Itoud of Ilinexlnn of !his corporation, and Utt Power of Ammney issued punumi Milo, me tout and c est and that Beth the Rerolulion rod Ibe power of Altcvney are in hill fmY mid effrd, i IN WITNI?.SS WHEREOF, I hove hntunlo ad my hand and affixed thefnaimile Berl of mrpxatinn • this day - 19_._. f F.li7abeth M. Tuck, Secretary t rr • S I 188VE DATE (Mtt'OOIYYI ~'R 1$1'E l0/06/45 OF PRODUCER 1-. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Alexander fi Alexander of Taxae, Inc CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ` 117 North Ilaiwood,Lock Box K 5 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Dallas, Texas 75201 POLICIES BELOW. COMPANIES AFFORDING COVERAGE PHONP.: 1214) 880-0371 COMPANY COMPANY A A ST. PAUL FIRE 6 MARINE; INS CO COMPAH', B ST. PAUL MERCURY INS. CO. INSURED LETTER DAL-MAC CONSTRUCTION COMPANY 1 COMPANY LETTER C NATIONAL UNION FIRE INS, CO. P.O. BOX 870160 RICHARDSON, TX 15083-0160 LETTER ER C ST. PAUL GUARDIAN INS. M. , COM COMRAN'r E ST. PAUL INSURANCK COMPANY LETTER y_T^^I^"'e"~'^.f,+TM 1'77-77 -~7s._~' r } I,. „s.ir! 1a `~I .i)' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY HEOUTAEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, "HIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC71VE POLICY EXPIRATION I WITS LTA DATE IMMIUDAYI DATE IMMiDDIYYI GENERAL LIAS ITY GENCRAL AOORLOAtE f X OOMMEHCIAL OCNERAL 1140ILIlV KKO9100126 04/01/95 04/01/96 PRODUCTS COMPIgP AOO 12'000,000 CLAIMS MADEX OCCUR PEPSWOL 8 ADV INJURY $ l, 000,000 0APT 14 S S CONITIAC fOH'S PILOT EACH OCCUnnerlCL 31, 000,000 FIHE OAMAOE IAiq O.IQ firm I 50,000 MLU EXPENSE IAny in'ie lx"!.rn 1 5,000 AUTOMOBILE LIABILITY CUMOINED "INCH L X AN/AUTO NK09100126-1 04/01/35 04101/96 II4I1 11.000.OOV X AT I OIYNED AUrO+v BODILY INJ II 11y S Pef" ' X SUIEDULEp AUTOS IPO, X AIRED AUTOS BODILY INJURY 1 X LION-OYINEO AUTOS IPC, acndenR OCIIA01b LIA441TY FROPERIY OAMAUL' S - ~ EXCESS CIABB IIY - EACTI OCOuRREN6T S X UT00I181. LA FORM BE709548t 04101/95 04/01/96 AOOREOATE 130,000,000 OLIIFT TTIAIN UATDHE.LIA FOPM 8[ATV IOHV LIMITS 1,000,000 WORKER'S COMPlN9A710N RVA9104OD2 04101/95 04/01/96 EACH ACCIDENT S AHD 1,000,OOD ' DISEASE POLICY LIMIT f 1,000,000 1 EMPLOYERS' LIABILITY f DISEASE EACH EMPLOYEE S ~ ~ DINER 'j BUILDERS RISK IM09101212 04101/95 04/01196 $10,000,000 ANY ONE JOBSITS $500,000 TRANSIT i OPPSITE STO.AUE $2,500,000 FLOOD fi EARTHQUAKE SATIN k DESCRIPTION OF OPEAATIONBrLOCAIIONS;Y"ICIESISPEDIAL ITEMS RE: Proposed Puh11C TmprovementS to ae"o Nal•NarL Addition. - I 1515 Routh Loop TPA, Donlon, Texas • Cert if lcate ifo7 der I. Addltionel lneu red 7-77 y, City of DenLon SHOULD ANY Of THE ABOVL DESCRIBED POLICIES BE CANCELLED BEFORE THE ~I EXPIRATION DATE THEREOF, TNH ISSUING COMPANY WILL ENDEAVOFI TO F I Denton, TX MAIL;0__.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE +/r LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPAESENTATIVES, ' 5 AUTHORIZED REPRESENTATIVE ,SAlvln R. MCIAughlin Jr. P _ _..,.w_... "I~ Iii T,.~ 1. • i .r .,...•s n~.in,~w4N~mwx+M.+. R.r h,MaleN.)•x Mn,Yra!'Nr i «.....w... ..r ppOO~G oti4C40Cp~~On Opp{ OS ~p0 , s G~ i o° c o ODO~O~ooo o M t O~oOp ~ p QQ00444~ r i- • ...w ~.-..-r.ai~~ N` r~ ~r.. ~...-e s \'h ~r~ '.ilM'M~diZ 9 fVqYi f ~-i •i it r re I `.q i A A i j I 1 . ~A2JIG OD97, I I . 1 PROJECT No. q~ / CONTRACT NO. o v I ' THE STATE OF TEXAS S p~,~~,OpfS£NT CONTRACT COUNTY OF DENTON $ j I j whereas, Kal t AEasii ws~,, JI hereafter referred to a, "Owner," whose business address is 1 701 S. Walton Blvd., Bentonville, AR 72716 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial juris%:ict'onr 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 peginning of construction of said development, a development contract is required to ensure that all atroets, water And sewer linos, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with A the Cityfs specifications, standards and ord'_nances; and (selact applicable provision as follows} Whereas, the Owner elects to construct the Improvements A without contracting with another party as prime contractor, in • • which case the orovisi.3ns of this contract which refer to "owner" or "Contractor" shall mean the Owner as named above; or y.~ r • r u i • I • whereas, the owner elects to make suoh Improvements hereafter set forth by con~racting with Dal-Mac Construction Co. ' whose business address is P. 0. Box 830160, Richardson, Tr. 75083 hereafter - I , referred tc as "C(,cAractor"; and whereas, Owner and contractor recognize thdt 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 con-strutted in accordance with the City's specifications and that payment is made therefor; E WITHESSE'rH d! As to the Improvements to be dedicated to the public, as i specified in Exhibit A, attached hereto and incorporated by reference, 'co be installed and constructed at - 1515 South Loop 288, Denton, Texas 76201 the owner., contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenanks_ Contractor, Contractor agrees as follows: (a) Specifications, To construct and install the Improvements in accordance with the prceedures, specifications and standards contained in Division Ii ant, III of the City' Std ard • ec gLda,tic,ta for Pubijn works Con iucticn xorjl contra] Texas, • • as amended, and all addenduae tharato, and all other regulations, ordinances or specifications applicable to such Improvorants, such PAGE 2 i • - l i i e l I specifications, standards, regulations and ordinances being r' 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 nut the work performed was in accordance with the specificacions 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, c to test materials furnished, to satisfactorily repair, remove or replace, if no 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 r the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 I e ~ e (c) Insurance. 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 pUhlir, Worke Construction. North Central 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 ConstructiDn. 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 Contract. Owner and Contractor mutually agree as follows: (a) Performance Ponds; Escrow Agreement. That if building permits are to be iisued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following escurity 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 e determined by the City Engineer, shall be submi'.rpd • • 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, FAGS 4 i e , e E (ii.) if the cost of completing the improvements, at the time building permits are requested, in 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) Paymglrt Bond: Assurancq 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 cast 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 i e 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 e are no unreleased recorded liens filed against the e Improvements, or land to which they are affixed, that are to be dedicated to the public. "J 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, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainagg: 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, i 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) Encumbrances. 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 i' made, or found to exist, against the Improvements, or land k dedicated to the City, to which they are affixed, the Owner and f Contractor shall upon notice by the city promptly cause such claim lir., charge or encumbrance to be satisfied and released or • promptly post a bond with, the City in the amount of such claim, PAGE 6 0 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bon That prior to approval cur 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 he 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, agentr4 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 C Contractor, his agents, employees or subcontractors in construction • of the improvements; and shall pay any judgment, with costs, which I may be obtained against the City growing out of such injury or damage. (g) Agreement Controllin That the provision of this 0 agreement shall control oi.rer any conflicting provision of any contract between the Owner rind Contractor as to the construction of the Improvements. PAGE 7 • • 3. Occupancy; qng 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. I (b) That if this contract applies to a "one lot development," as defined by City's 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 • f 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 Assigns, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this y of October , 1995 OWNER CONTRP.CTOR WAL-MART STORES, INC DAL-MAC CONSTRUCTION OMPANY BY: S` h r} fa p Bradford Me Junkin, President fSS~els~ow~ eyQrcaide~~ CITZDDEN , TEXAS BY: _ GER ATTE ST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:' HERBERT L. PROUTY, CITY ATTORNEY L BY: ! PAGE 9 ~ . -M.r "-,~;.r:.. • r r~, . r F~~.l~' ]~,.~(r.'S1;SY~r i,~~~~R'~t };t~ti.i t l;.Y'~..,Y e EXHIBIT "A" PROPOSED BRINKER ROAM, SPENCER ROAD AND ONSITE DRAINAGE IMPROVEMENTS TO SERVE. WAL-MART ADDITION 1515 SOUTH LOOP 288, DENTON, TEXAS j BRINKER ROAD. SEFNCR LQa AND 014R1TE RAINA .E IMPROVFMENTS Brinker Road (paving and drainage improvements only; waterlsewer in Brinker Road right-4way is included in Para. I above) A. Paving (asphalt or concrete) 6,000SY $14.29 SY $85,740 B. Curb 3,545 LF 58.50 LF 530,133 C. Sidewalk 1,790 LF x 4' wide 79; SY $18.00 SY $14,310 D. Concrele Paving 0 Median Noscs 52 SY S18.OO SY $936 E. Sturm Drain 18" RCP, Class III 355 LF $14.00 LF $8,520 21" RCP, Class 11[ 207 LP S26.00 LP $5,382 24" RCP, Gass 111 54 LF $28,W LF $1,512 30" RCP, Class III 84 LF $42.00 LF $3.528 36' RCP, Class ill 210 LF 555.00 LF S11,550 5' CurbIWe( 2 EA $1.6W.00 EA 53,200 10' Curb filet 3 EA $2,40,00 FA $7,200 5' Square Manlsole 2 EA $2,600.00 FA 55,20 f 30" Type "B" Headwall 2 FA $1,20.00 EA 52.400 36" Type "B" Headwall 1 EA $1,400.00 EA 51,40 Rock Riprap 80 SY S7500 SY S6,000 Geolextile Fabric 805Y $5.0 SY S400 F. Pavement Markings and Traffic Signage I US 55,00.00 LS S5,000 C. "End of Road" Barricade 70 LP $25.00 LF S1,750 Spencer Road A. Paving Asphalt 2" Overlay 615 SY 56.61 SY S4,065 B, Stonn Drain 24" RCP, Class 1V 120 LF 528.00 LF $3,360 Double 24" Type "B' Headwall 2 FA Sl,WO.W EA 52.000 0n0c Drainage [nnprovements (Brisker Road storm drain out fall headwalls and rock ripmp included in "Brinker Road" brea K-out above. Excavation 20,000 CY 52.50 CY S50,000 Concrete Swale 6,200 SF 5325 SF 520,150 Erosioo Cu nroI l LS $5,0Q00 I's 55,000 Outlet Stnucuoe 1 EA S2.60.00 EA $2,600 48" RCP, Class III (to oulfall 0 east property line) 261 LP $95.00 LF S24,795 48" Special Ileadwall and Bafffcd Ousfali Apron 1 EA 52,600.00 EA $2,60 Rlprap (10'.12' mortared rock) 165 SY $80.00 SY Sit N Total Improvements $321,931 -77-01 s~ I ® I • I AAA019DF f BOND NO. 15-84-87 j PROJECT NO. CONTRACT NO.~ PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL-MAC CONSTRUCTION COMPANY 111 Wes,. Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State• of ennsylv~ania and authorized to do business in the State of Texas, hereinafter 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 Three hundred twenty one thousand nine hundred thirty one and no/100 1S';'x,931,00 } Dollars, lawful money of the United states, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated qth the day of October r 19 95 in the proper performance of which the Cry of Denton, Texas, has an • interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX • • • 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 .i • • 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. i 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 a day of October , 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY, BY: Mc Junkin, President ATTORNEY-IN-FACT ATTEST; Janice C. Correy i SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • • • PACE TWO .._.....__..._..-....r.._ .r v • . _ f AAA019DF AOND NO. 15-84-87 PROJECT NO. CONTRAf.'T NO. ;4 I PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT DAL-MAC CONS:.RUCTION COMPAIN Ill West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called principal and THE 0 SURANCE COMPANY` OF THE STATE OF PENNSYLVANIA _ 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the Stata cf lvania and authorized to do business in the State of Texas, here Wafter called "Surety", are hald and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perf:,rm labor upon she buildings, Structures or improvements referred to in the attached contract, in the penal sum uY _ T4ree hundred twenty one thousand nine hundred thirty one and no/100 321,531.00 Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which s+:m 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 Priucipol, entered into a certain contract with Owner, dated the 0.kk day of October , 1995 , 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 co„struction of: • M PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South loop 288, Denton, TX 1AGE ONE A • i I 1 l NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and mace 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 upun 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 tha Contract, or to the work to be performed thereunder. `s IN WITNESS wYEREOF, this instrtunent is executed in triplicate, each one of which shall be deemed. an original, thia the 06th day of October 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY:~.~ l Bradford Mc Jun kin, President ATTORNEY-IN- FACT Janice G. Correy ATTEST: r SECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT HE PRIOR TO GATE OF CONTRACT. PAGE' TWO 1 • i • AAA019DF BOND NO. 15-84-87 i PROJECT NO. ~ CONTRACT NO.~ CONTRACTORtS MAINTENANCE BOND (DEVELOPMENT CONTRACT) i THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That DAL-MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Dallas, Texas 75201 a Corporation r, ganized under the laws of the State of eons lvania and authorized to do business in the State of Texas, here naftar 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 Three hundred twenty one thousand nine hundred thirty one and no/100 (5321,931,00 1 Dollars, lawful money of the United States, the said sum being ten percent (103) 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, ana • successors, jointly and severally, THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the 91)j _ day of October , 19 95 , 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 off PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1`15 South Loop ?88, Denton, TX VXGE ONE ~ . ~V rte, • I . NOW, THEREFORE, if the Principalshall 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, crricking 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 in executed in triplicate, 4 each one of which shall Le deemed an original, this the qfh day 0 of October , 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPAD'Y OF THE STATE OF PENNSYLVANIA BY: BY: Bradford Mc Dunkin, President A ORNBY-IN-FACT Janice G. Correy PAGE TWO f NOTE: POWER OF ATTORNEY OF SURETY MUST BE, ATTACHED. DATE OF BOND MUST NOT BE PRIOR 110 DATE OF CONTRACT. i ATTEST: t GECRETARY .f j t J 1 w it j ; i 1 PAGE THREE f • • i POWER OF ATTORNEY A 1.z Insurance Company of the State of Pennsylvania Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 Iva 09-B-(WP16 KNOW ALL MEN BY THESE PRESENTS: Thal The Insurance Company of the State of Pennsylvania, a Pennylvania corporation, does hereby appoint i -Joe Bruce, Janke G. Correy, Dorothy Vie ic, Kathleen Day, Pamellst McUrnore: of Dallas, Texii its true and lawful Anorney(s)-in-Fact, with full authority to execute on its behalf' cords, undertakings, recognirances and other contracts of indemnity and writings obligatory in Iho nature [hereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, The Insurance Company of [he State of Pennsylvania has executed these presents lip this 21 sS day of Flem r,1994. William D. Smith, President STATF, OF N8W YORK } COUNTY OF NEW YORK Im On this 2151 of Sgptem er 1994, before me came the above named officer of The Insurance Company of the State of Penmrylvania, to me personally known to be the individall 305(PN g. and officer described herein, and acknowledged ilia[ he NOti:oilo Nor.+rlr Public. Aare or Naw YeA executed the foregoing instrument and affixed the se d of said No, 01•NO4657754 wrporation thereto by authority of his office ZZvel rind In Wand,wx darsn taPf,.a ten, 31, ,~•rJpY/~y~y CERTIFICATE Escerµs of Resolution adopted by lie noard of iwectae of the Inaurtrhv C'onpany ofthe Swig of Venmylvania, on May 18, 1976. ,RESOLVED, Nu Jre C'tuunwl of the Ihv,l, the heaidesd, a any Vice Wesident te, sod hetehy ir, sulhowed to eplx nl Anar,e)e-in-Fs t to tepcaem and a t for snd on behalf of the Company to n.ilmit bonds, url ingl, raogiirv and olhn ronvads of ovil<mr.ity sod wilt inga ubi galory in the nature thereof, and to sluch therelo 0e corporate seal of us, Congrany, in the Iranuction of Ace norny bur inea', • RE S OLVE D, ehal the signalur a and an<sutiaq of such off imra snd the sal of nc1lCsmp0nv nay be alixed to any rich Power of Ar"oerey or to any cen i f cafe relsling therno by facsimile, and any such Pown of Adaney or ceetifcate bayrufg wch faaimile sigux rw rc faairrule seal stall be valid and binding upon the Company when so anTrsed with reeped to soy hon4 unJeriaking recogniunce a other cortliul of indemnity a writing nt~ligabory in t e nature Ihneof; -RESOLVED, that any such Mimic) in-Pod drlivenng a smnarin c,Ttificalion that the foregoing rc.Iolutima Rill be in effect may oven in such certification the die • Ilx+eof, sad dale In be, one later Than the dste of, elivery thnaof by sucli Attorney-in -Pas" I, NWAbelh I.I. Tuck, SChrdarY Vf the Imurana Ctnxuny of tle State of PenmAvania, do hereby ce,ify Ihnt thr fiaegring escerpte of Iteu totion ad,44ed by the Word of Dirmtoas of This counrolion, ns! the r'osvn of All, Nney i sued pursuant Ihnno, ue vue ud caned, and Ihar b,Ah the Resolution and t},e Po ver of Atlcmary mein full face and eftM IN WITH E,SS WitE9F.OV I hact hereunln ace my hand and mixed the fanimile sal of lha corpaaum ' • Ibis day °f° _ 19 ti.I E irabeth h1 Tuck, Secretary I 1 I 199VE GATE ODIYV) /~COp RD Li TR'j Sppr~~71 }1,T.1' 10/06/95 5 PRODUCER FDOESICIESNOT S CERTIFICATE 19 ISSUED AS A MATTER Of INFORMATION ONLY AND Alexander a Alexander of 'Texas, Inc FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ` 717 North Rarsood,l,ock Box 0 6 AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE Ai 1es, Texe6 75203 _BELOW: COMPANIES AFFORDING COVERAGE FBDNE: 12141 880-'1)21 COMPANY AST. PAUL PINE A 14ARINE INS CO LETTER COMPANY B ST PAUL MERCURY INS. CO. JINSURED LETTER IOAL-MAC CONSTRUCTION COMPANY COMPANY C NATIDAI, UNION FIRE INS. CO. LLITLR P.O. BOX 830160 RICKAROSON, rX 75083-0160 COMPANY D ST. PAIR. GUARDIAN INS. CO. , LETIEE COMPANY E ST. PAIR, SNSURAVCE COMPANY I L THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS.'UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY AEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIJ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE. INSURANCE AFFORDEC BY THE POLICIES DESCRIBED HEREIN IS SUB IECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY IIAVE BEEN REDUCED BY PAID CLAIMS. CO T'fPLI OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMI'!9 LTR DATE IMMIDOn'I) DATE (MMIDDNYI GENERAL LIABILITY OENFRAL AGOREOATC 3 X COMMERCIAL GENERAL I- IABR-HY NK09100126 04/01/95 14/01/96 PROOUCIS( )MP.'OP AGO &2'000,000 CLAIMS VADEX OCCUR PFRSONAL F. ADV. IN,IIIIIY 33,000,000 01'RICR S 6 CCIHnACTOR S PPOT. EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE fAlW oP, Ins) 3 SD, OOC MEO Ex PENSE (MV O^O PE+>MI S 510110 AUTOMOBILE LIABILITY CCMUIHED SINGLE X ANY AL170 KK09100126-1 04/01/95 04101/96 LIr.11 $1, 000,000 X ALL 0VIREDAUIOS BODILY INJURY % IPel Fv1onl 3 6 CHEIJUIEp AV106 X HIRED AUT04 BG'JILY INJURY % IPI, acoee,0 3 NUN U',YfJEU AUTOS OAPAOF LIABILPY Pnopt IfY VAMAGE 3 EXCESSUABILITY EACH OCC Rit[tICF IT X UMBRELLA FOHLI BU3095467 04/01/95 04/01/96 AOGREOAIF 320'000,000 (11NI:R THAN UMREIFLLA FORM WORKER' C COMPENSATION STA I (III f 31.000,000 XVA9101002 04101/95 04/01/96 EACH ACOIR R I AND 1,000,000 DISEASE P L.I.R UMIE IT ' EM PI.UYER9' LIABILITY 1,000,000 DIECnS[ TREY. LMPLOYFf. 3 A orllEn BUILDERS RISK TMD9101212 04/01/95 C4/01/96 $1V.90U, 00^ ANY OIN JOI)RliE $500,000 TRANSIT b OPPSITE STORAGE $2.500,000 FLOOD a EARTRQUAXK EACH j DE 9f, 01PtIDN Of OPERATIOHNIL OCATION 91YER1CLE819PCCIAL IikME RR: Propoaed Public ImprovelnPnto to nerve XaI-Mart addition, I, 1515 South Ix p 288, Denton, 'texas. i1 . CertiAlcate Bolder is Additional Insured I City of centoll SHOULD ANY OF THE ABOVE- DESCAMED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO Deolon, TX IAAI04__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDL R NAMED TO THE LCFI BUT FAILURE TO MAIL SUCH NfiTl(,E SHALL IMPOSE NO O9 LIGATION OR LIABI'.ErY OF ANY KIND UPON THE colAI7ANY, ITS AGENTS OR PRPRESENTATIVES. ' - - - - 1~tAUVIOAIZCD NEPRESEHTATI R....~ L/ Alvin R. . McLoughlin Tr. i A . T, 11 IL 1 1 Imak" r 4 +dAo3ILhLKlh31:a4 - ~ li~.,4..La1 - ~-ate a j • e . .,.~,...,.s.vrwmu~~%rMatvarrluki'i~l4uttaA~1F;'gt'a MiN4YasivltaiNYiR7~MGm+~Ptrw.aw,.wa.., wr...-ti.... p~~o4cacaooo pppp0 c o e ro ~p0~ o~~ 3 ~ o e y v j ~ O oooo~~Q~~Q004444~~~pp i ~{l_... _ ~.,...-.~.w. im Y r~ 4 'y vn 'Lpr r l( J1„rA, ~i 1 J r n~ ) Jit pAA0on57 II j 1 PROJECT NO. CONTRACT NO, THE STATE OF TEXAS § pIOpriFNT CONTRACI COUNTY of DENTON i Whereas, i~tOIRFtiy' hereafter referred to as "Owner," whose business address is IIV 701 S. Walton Blvd., Bentonville, AR 72716 is the ,er of real property located the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereaa, 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 peginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilitles and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are construct'°d in accordance with • the City?s spar.i:ications, standards and e•rdinances; and [select applicable provision as follows) Whereas, the Owner elects to construct the improvements • • • w-".thout 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 abov¢; ov 1 i, i WIMW i 1 I i i I i Whereas, the Owner elects to make such Improvements hereafter with Dal-Mac Construction Co. set forth by contracting w _ - whose busine56 address is P. 0. Box 830160, kichardnon, Tx 75083 hereafter referred to as "Contractor"; and Whereas, ovner and contractor recognize that the City has an interest in ensuring that the Improvements subject to this acfraement; which will, upon completion and acceptance by tha City, became public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETP As to the Improvoments to be dedicated to the public, as specified in Exhibit A, attached harato and incorporated by raferenoe, to be installed and constructed at 1515 South Loop 288, Denton, Texas 76201 the Owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants bf Contract. Contractor agrees as follows: (a) Saecificatbq To construct and install the improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv's Stand far P NoJh_ Central Texas, • • • Wo s o structioll as emended, and all &ddendums thereto, and all other regulations, ordinances or specifications applicable to such improVamnnts, such PAGE 2 mom" 7 I I 1 • li 7II I I 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; Insugctions. 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 sha'.l 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 replaces? ~i!. 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 th6 City Engineer, the City shall have no obligation under this agreement to approve or accept the E~ Improvements. I PACE 3 I i 1 { f (c) Insurance. 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 Sgg%ifigAtiong for Public Works Construction. North Cgntral Texas, as affsnded, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provisic.i 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) Performanceond~; 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 vequirements shall apply, unless the development is a "one lot development," as defined by City's eevelopment 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, shell 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 1 I 11I I i I (ii) if Vie 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 j 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 ne 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 0 are no unreleased recorded liens filed against the k Improvements, or land to which they are affixed, that are to be dedicated to the public. i 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 i i material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: 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 th::t 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) Encumbrances. 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 t 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 • ♦ s lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, I PAGE 6 0 • i I 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 i 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 costa, 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 i i I • i 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 mane lot development," as defined by City's 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 'r • i i 6. Successor and Assigns. 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 October logs OWNER CONTRAC'iOR WAL-MART STORES, IBLQ. DAL-MAC CONSTRUCTION COMPANY BY: BY: Bradford Mc Junkin, President array Jl,c PreslaeA~ CITY OF DEN N, TEXAS BY: CTT AGER j ATTEST: JENNIFER WALTERS, CITY SECRETARY ' IIII BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I • • • PAGE 9 7 Kr Ito • EXH ID LT "A" PROPOSED LOOP 288 IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 SOUTII LOOP 288, DENTON, TEXAS j PROPOSED LOOP 28A IMPROVEMENTS A. Paving Asphalt (including three driveway replacements) 1.1/2" Type "C" 3,950 SY $2.99 SY $11,811 7-112"Type"A" 7,160SY $14.85 SY $106,326 Concrete Approaches for Brinker Road and Wal-Mart center drive 630SY $21.15 SY $13,325 6" Lime Stabilization 4,800 SY $2.86 SY S13,728 Concrete Median 966SY SI&OOSY $17,389 B. Sidewalk (adjaceu( to Loop 288 Wal-Mart frontage) 650 LF x 4' wide 290SY $18.00 SY $5,220 C. Pavement Marking and Signs Remove Pavement Markings I LS 531000.00 LS $5,000 D. Culverts 21' RCP, Clays III 90 LF $26.00 LF $2,340 18" RCP, Class 111 99 LF $24.00 LF $2,376 24" RCP, Class III 23 LF $28.00 LP $644 18" Safety End Treatment 6 EA $1,200.00 EA 57.200 21"Safe4y End Treatment 2 EA $1,200.00 EA 52.400 Type "H" Horizontal Inlet I EA $3,000.00 EA $3,000 E. Signalizatlun(per sigu3lization plans trackage) I LS 56$0110.00 LS S68A00 for Loop288 at Spencer Road intersection F. Construction Traffic Corarol 1 LS $3,825.00 LS 53,825 G. Hydromulch Seeding (includes Wal-Mart side only, all disturbed noo-paved right-of-way) 5,550SY $0.36 SY $1,998 H. Roadway Excavation 1.850 CY S3.40 CY S6.475 1. Sawcut and Remove Existing Paving 450 SY S4.50 SY Sj,pjg Total Improvements $273,081 • i 1 ) f i y r • •.-s-_.__.-.wwr... Fj ~~,,,,....--.._r...~ } 3~~i'd.'1'~'~`~f'•1e.~Y~t~~'a7~'~~ elita'e tr~raV'f. 1 ' I 1 AAA019DF BOND N0. 15-84-86 PROJECT NO. S CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS S COUNTY OF nENTON § KNOW ALL MEN BY THESE PRESENTS: That DAL-MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Penn 8 lvania 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 Two hundred seventy three thousand eighty one and no/100 1 (S 273,081.00 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated eiih the day of October 1 19 95 , in the proper performance of which the C ty of Benton, Texas, has an a interest, a copy of which is hereto attached and made a part hereof, for the construction of: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX A • 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 l 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 voids 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 stgrees that no change, extension of time, alteration or addition to tL a 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. i' IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 014h day of October _ , 19 95 PRI14CIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF P:NNS LVANIA BY:~.~.~• BY:( tr . ~`~r 124,. Bradford Mc Junkin, President A!YTORNEY-IN-FACT ATTEST: Janice G. Corr4y SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO -77 i I 1 AAA019DF BOND NO. 15-84-86 PROJECT NO. - L CI i CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS $ COUNTY OF DENTON THAT DAL-MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texaa, hereinafter called principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Texas 75201 a Corporation organized under the laws of the State of Pennsylvania and authorized to do business in the State of Texas, hereinafter 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, firms 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 _Tvo hundred seventy three thousand eighty one and no/100 ($273,081.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly co 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 qjk day of October , 1995 , in the j 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: S PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE f " *71 • • 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, rub- 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. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed.an original, this the {j_ day of October 29 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA BY: BY: Bradford Mc Junkin, President ORNEY-IN-FACT Uanice G. Correy ATTEST: r • ECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO 1 • i P~ f 1 13 S rfutf/~N i t• • j i AAA019DF BOND NO. 15-84-86 PROJECT NO. 15)-1 CONTRACT NO. U CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Dr.NTON S That DAL-MAC CONSTRUCTION COMPANY 111 West Spring Valley Road, P.O. Box 830160, Richardson, TX 75080-0160 of Dallas County, Texas, hereinafter called Principal and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 1999 Bryan Street, Suite 1700, Dallas, Teras 75201 a Corporation organized under the laws of the State of p vanis and authorized to do business in the State of Texas, hereinafter 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 Two hundre seventy three thousand eighty one and no/100 ($273,081.00 1 Dollars, lawful money of the United States, the said sum being ten percent (103) 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 qfh day of October 19 95 , 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: PROPOSED PUBLIC IMPROVEMENTS TO SERVE WAL-MART ADDITION 1515 South Loop 288, Denton, TX PAGE ONE s • • I 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 I 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 wor'• r part thereof arising from improper excavation, backfilling, ct ac<<ng or any other cause or condition, known or unknown, at any t.. " .ring 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 !t 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 011k day • of October , 19 95 PRINCIPAL SURETY DAL-MAC CONSTRUCTION COMPANY THE INSURANCE COMPANY OF THE STATE O • • OF PENNSYLVANIA BY: BY: Bradford Mc Junkin, President ? 0RN2ri EY^IN-FACT.! dAnlce G. Correy PAGE TWO • y_7 , • NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST. SECRETARY j i • PAGE THREE i 1 • J 1 POWER OF ATTORNEY The Insurance Company of the SU,te of Pennsylvania Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No 09-B4)6016 KNOW ALL MEN BY THESE PRESENTS: That "Ile !nsurance Company of the Slate of Pennsylvania, a Pennsylvania corporation, does hereby appoint 1 r -Joe Brute, Janine G. Corrcy, Dorothy Vafek, Kathleen Day, Pamelia McLemure: of Da11ax, Tens- its True and lawful Attorney(s)-in•Fact, with full authority to execute on its behalf bonds, undertakings, recognirances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed those presents 0 this 21st day of5jc m r,1994. 4-1 William D. Smith, President STATE OF NEW YORK I COUNTY OF NEW YORK )&j. On this 21 Lt of Sep ember, 1994, before me came the C*Nk above named afficor of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual 705fPH a. NozzM and officer described herein, and acknowledged that he Nang pubbe. sotv er New Y $ executed the foregoing instrument and affixed the seal of said No, ol-NO4452751 corporation thereto by authority of his office. fl'fHd i" Mnlche e n CERTIFICATE Excerrta of Resolutim adop4ed by Nc Bost d of Dircattxr of lbe Insurance Company of the Stole of Prnroylvonis, m hfsy 18, 1976. "RESOLVED, Nat the Chairman of UK no td, the Nesident, or any Vin IYaidml N, .rid } neby is, a du iuJ to al 1o d A to ncys in Fut to rryxw lad an &t anJ on behalf of the Company to txec ule bomb, urdertsJ ings, noognUmcts and od,rr cunttach of imlemndy and writinpi ohligatury' in the nature Urrra,(, and 1o attach Ukrtlo the oorpMe seal f the Company, in the umu lion of N suretyhusinwae, ,RESOLVED, that the signatures and sots ions of such otfinn and the seal of the C o npany may be affixed to any such Povver of Attorney or to any ecrtfcare plating tlkrno by fscaimile, ad any such Pow" of Anomey or tMilirak karing aucif facsimile signatures or facsimile seal shall be valid and binding upon Ne Coenrany when so atfixrd wiN raped to snY Irn,uf, uxkruking, rrcognirence a,Sher cmbsct of indertv~ity a wriU.ng ubligMOryin the nature thereof; "RESOLVED. list any rush Aft, ky ins Fs A delivering a ucxrtaial cenification that tM foregoing resolutions still be in eNeai may imam in such editiudim the date (hereof, acid dale to be" later than the dale of delivery Ukrrof by such Ammxy-in-filet." 1, Elirabcth hl Tuck, Swnary of the buurance C,x~any of He State of Pemeylvania, de tkrehy certify, that the bxegaing excerpts of Resolution adoprd b) He ILard of Dire iws of Ihiv v,~r)rnralion and Uk Poky urAtletney word pirsuml 1heveo, are I,ue and .mot, and that txAh the Rraolulim ad Uk Power of Anmkv ore in full fcne and ttrtd_ I N W ITN F,SS Will EREOF, I have Ikrecmla W my hand and ARixed the faalmile wl of Ilk ccxppaliorn • this - - - day of - 19--. a ')k • • E I i mbeth M. 'ruck, Secretary i • { J r YY ~~lj0r0~ ISSUE DATE (MM 5 OOW iI I A601i~, ' 7!• 10/06//995 ita~ f PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Alexander C Alexander of Texas, Inc CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 'Ill North Harwood, Lock Box B 8 DOES NOT AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE Dallas, Texas 75201 _POLICIES BELOW COMPANIES AFFORDING COVERAGE RHONE: (214) 880-0321 COMPANY COMPANY PR A ST. PAUL FIRE d MARINE INS CO COMPANY I NSURED LETTER 8 ST. PAUL MERCURY INS. CO, PAL-MAC CONSTRUCTION COMPANY CVNPANV EB C NATIONAL UNION FIRE INS. CO. LETI P.O. BOX 870160 , RICILARDSON, TX 75083-0160 COMPANY LETTER, DST. PAUL GUARDIAN TNS. CO. COIAPANY E ST. PAUL INSURANCE COMPANY T^~ LETrr-n - COVIEMW THIS IS TO CERTIFY IHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFHTIFICATE MAY BE (SSUE9 OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PDUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATEIMMIDOrYY1 OATEN IDDIYYI GENERAL LIABILITY GENERAL AOORFOATF ! K COMMERCIAL GENERAL LIABILITY KKO9100126 04/01/95 11 PRODUCTS COMPIOP AGO 52'000,000 CLAIMS MADEX OCCUR PERSONAL A ADY INJURY 11,000,C00 CWNFH S A CONTRACTCH S PACT. EACH OCCURRENCE 61,000, 1,000,000 I so,o7a TIRE DAMAGE IM1nY pPe h,al 3 PEI) EXPENSE IA,v ~+re u.spnl 1 5,000 AUTOMOBILE LIABI ATY COMBINED SINGLE X ANY AUTO KK09100176-1 01/01/95 04/01196 LIM1T 11, 000, 000 X ALL OPINED AUTOS BODILY INJURY X IPa, pclsonl 6 SC IIF DIVED AUTOS X MINED AUTOS HODItY INJURY K NOlh OW'N[U AUf05 IPa: sprropnn s Gkr,AGE. LABILITY PROPERTY DAMAGE 6 I EXCESS LIABILITY EACH OCCURRENCE S X UMBHECLA FOHM BE3095481 04/01/95 D41DS/96 AGLIkEVATE 620,000,OD0 OrHFA IHAH LIX,BHFLLA FOAM SI._ WORKER 5 COM PENSA710N ATUTOR'I OMITS WVA9104002 04101195 04/01/96 EACH ACCIDENT 61 000,000 AND 1,000,000 DISEASE POLICY llldn 5 CMPLOYERS' Lfr(BBGY EY1,000,U00 SEASF.--CACN EXIPI (1V E£ 1 I OTNEA BUILDERS RISK iN09301212 04/01/95 04/01/96 $10,000,000 ANY ONE JOBSITE $500,000 TRANSIT d OFFSITE STORAGE $2,50D,000 FLOOD a F.ARTHOUAKE EACH BE SCR I PTION OF UPC RA 7 10NSILOCATION B~VEHICL C&9PE C IAI ITC M6 RCc Proposed Public Improvementa to serve )(AI -Mart addltion, .I 1515 South Loop 288, Denton, Texas. eertyi ((,-igcat~e Holder is Additional Insured {r7Ri R4V/BT~1 v ~ ~r•^----rte..---,-• .T....~r- ~ • ' City of Denton SHOULD ANY CIF THE ABOVE DESCRIBED PUIIC{ES BE CANCELLED BFFL7QF THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WUL EAIDFAVOH TO Denton, TX 1 MAIL - DAYS WHITTLN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT, BUT FAILURE TO MAN SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE COMPANY. ITS AGENTS OR HEPPES£ NTATWES, ' ( AUINORIKEOREPREl TAI w f,lvln R. McLoughlin Jrr I I • i s a i 3 I W . i OQDG~~ ~CQCQ~cCOp~o~ 0~0~ + ra O o, o~ a ~ ` . i 0e a ~ I r + ~O 0~°000~QQOaaaoa~°°~~ i F i i I t I • + ~ ~ ~ s f . EL Mlw--~fim~ • • .AAAdoo97 PROJECT NO. R9 CONTRACT NO. L ' THE STATE OF TEXAS § DEVE1,oPMENT CONTRACT COUNTY OF DENTON $ Whereas, . Villas of Piney :Grpek/SOinn Vitajg3s hereafter referred to as "Owner," whose business address is 1517 Bayberry Court, Denton, Texas 76205 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, standar3a 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 i • i i i i I I Ji I I r~ Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Site Concrete, Inc. , whose business address is 3328 Roy Orr, Grand Prairie, TX 75050-4207 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 Villas of Piney Creek San Jacinto Blvd./Colorado Blvd., Denton, Texas 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 City's Standard • .Specifications for 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 En"n eerr 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 t 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 e • (c) Insurance. To provide for insurance in accordance with i 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 Central 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 Contracts. 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, PACE 4 1 • • . i I (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 teen 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 fcr 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 0 - y • I material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainacte: Final Pavments. (This provision (c) applies only where the owner and Contractor are not he same party.] That r.s 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) Encumbrances. 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, lion, charge or encumbrance is made, or found to exist, against the Improvements, or land i 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 r of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten i 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 i damage. • (g) hareement Controlling. That the provision of this • • agreement shall control over any conflicting provision of any contract between the owner and Contractor as to the copistruction of the improvements. PAGE 7 3. Occunancv: One Lot Developments, owner further agrees as r 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 a:cupancy 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 city's 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. Qvenants of Citv. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accep. the Improvements. 5. Venue and Ggvernina aw. 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 ~ r • • 6. Successor and Assigns. This contract shall be binding upon r and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in4 1triplicate this, 2nd day of October, , 19 95 OWNER ,Ir~r4S ✓rl C+ l~, CONTRACTOR Q. T. ~dI((~lC-.. BY: BY: ,ttitc S ~?a Al Ne- c7 OP e~lo Sy~✓d. CITY OF DENT N, TEXAS °FJA.~Vue-~6 BY: I AGER ATTEST: so J IFE ALTERS, CI SEC ET Y APPROVED AS TO LEGAL FORM: HERBERT L. PROUTYO , CITY ATTORNEY D ~ r BY: • { PAGE 9 • f • e AAA019DE PROJECT NO. CONTRACT NO. PERFORMANCE BOND Bond No. 22-000-257 THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Site Concrete. InC. 3328 Roy Orr Or r d Prairie Tx 7Anan 4~U Of Dallas County, 'Texas, hereinafter called Principal and LIBERTY MUT]A1. INSURANCE , raMPANY a Corporation organized under the laws of the State of and authorized to do business in the State of Texas, hereinafter 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 One Hundred Thirty ThnucAnd Mine Hun'rrad Niotty Fine and en/lnn fS 110.949.40 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselv*v, our hairs, executors, administrators, and successors, Jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with owner, dated 2nd the day of Woher - , 19Qr,_, 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: Utility work for Villas of Pine Creek Denton, Texas • NOW, THEREFORE, if the Principal shall wall, 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 rkquired 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 2nd day of p:tober , 19 95 PRINCIPAL SURETY -site Concrete, Inc. liberty Mutual insurance Company BYt / ATTORNEY-IN-FACT, Ml.hael B. Hill ATTEST i'' S ECR STAR • NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i 1 PACE TWO e AAA019DF 4 PROJECT NO. CONTRACT No. Bond No. 22-000.257 PAYMENT BOND THE, STATE OF TEXAS 4 COUNTY OF DENTON S I THAT Site Concrete, Inc. 3328 Roy Orr Or. Grand Prairie, TX 75050-4207 of Dallas County, Texas, hereinafter called principal and LIBERTY MUTUAL INSURANCE COMPANY a Corporation organized under the laws of the State of and authorized to do business in the state of Texas, hero nafter 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, firms 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 one Hundred Thlr&y Thousand Nine Hundred Ninety Nine and 40/100 130,999.40 ) 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, Joitatly and severally. THE Condition of this Obligation is such that: • WHEREAS, the Principal entered into a certain contract with Owner, dated the 2nd_ day of octoo r , 19 95 , in the proper performance of which tha City o Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: e Utility work for Villas of Piney Creek, Denton, Texas II • • I PAGE ONE • R 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 supplyinq 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. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 2nd day of October , 19 95 PRINCIPAL SURETY e<«e ron . 1hortw Mutt L LUWAAU aWAAAY t,~d,e. inr. BY: BY., TTORNEY-IN-FACT Mirb.Yrzl B. M111 ATTEST: • SECRETARY I NOTE: DATE OF PAYMENT AOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO • AM019DF I PROJECT NO, CONTRACT NO. ?I li Bond No. 22-000-257 ' CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ That Site Concrete. Inc. 3 B Ro Orr Dr. Grand Prairie Tx 75050-4207 of Dallas County, Texas, hereinafter called Principal and LIBERTY MUTUAL INSURANCE COMPANY a Corporation organized under the laws of the State of and authorized to do business in the state of Texas, here naftar 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 Thirteen Thousand Ninety Nine and 24/l0D Dollars, lawful money of the united States, the said sum being tan 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 2nd day of October f 19 95 , in 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: • • Uttitty work for Yilias of Pinny CrPek Denton Texas_ PAGE ONE i • r i ' { f 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 eau~-e 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 th5 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 2nd day Of October 19 95 • PRINCIPAL, SURETY i ___51to Concrete. Inc, _ libert, H~ttay,~ r r „W__ • BY: BY. T, • • TTORNEY-Its-FACT ?II_haet Ititi f . I PAGE TWO ~ t • NOTEt POf1ER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: it SECRETARV i ;at j PAGE THREE Ilk - i I 1 11 - r THI$ POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 089293 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the I manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS I POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: Thal Liberty Mutual Insurance Company (the 'Company'), a Massachusetts mutual Insurance company, pursuant to and by authority of the Bylaw and Authorization hereinafter sat fodh does hereby name, constitute and Appoint, WILLIAM D. BALDWIN, W.T. RAGSDALE, SUZANNE C. BALDWIN, CINDY FOWLER, MICHAEL B. HILL, DON E. SMITH, RAY WATSON, ALL. OF THE CITY OF RICHARDSON AND WILLIAM L. RIDLEHOOVER OF THE CITY OF AUSTIN, STATE OF TEXAS . . . . . . . . . . . . . each individually it there be more than one named, its true and lawful aromay-Intact to make, execute, seat. acknowledge and deliver, for and on its ' behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obigations in the penal sum not exceeding { ~yy~►~TX . DOLLARS 1$ 26 000 O(p xxnxnn• I each, and the execution of such bonds or j, 6ridedeking's; an pursuance of these presents, shall be as binding upon the Company as it They had been duly signed by the president and attested by 'Op .,T line secretary of the Company in their own proper persons, O That this power Is made and oxecutod pursuant to and by authority of the following By-low and Authorization: .g ARTICLE XVI - Execution of Contracts: Section 5. Surely Bonds and Undertakings. 44 Anv ofticar or other official of the company authorized for that purpose in writing by the chairman or the president. and Aublecl to such C timitmtons as the chairman or the president may prescribe, shall appoint such alloineysJmlaci. as may be necessary to act In behalf of the ,p = company 10 make, execute, seal, acknowledge and delia•ur As surety any and all undertakings, bonds, recognlzorl and other surely Lo obligations. Such attorneys irrlacl, subject to the limitations sat forth in their rescecrive powers of aftomoy, shall have full power to bind the C 'vim N company by their signature and exettnion of any such instruments and to attach thereto the anal of the company. When so executed such O ` instruments shall be as binding as it signed by Ilia president and attested by the secretary u By [he following ir;eln+monl too chairman of the president has au6tonzed Iho ollicor or other official named therein to appoint enurneys•in•fad. CW O w ' G p y Pursuant to Articio XVI, Section b of the Bylaws, Assistant Secretary Gamut W. Elliott is hornuy authorized to appoint swh aitorneysirnfact E t 'E as may Inn necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all underiekings, Q p M honds, recognizances And olhcr scary obligations, G v 0 q ~ That the Bylaw and the Atdhorrzation above set forth are true copies thereof and are now in full force and effect 10 e-+ L IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate soal of the said Liberty Mutual Insurance A O Company has been affixed thereto in Plymouth Mcoling. Pannsylvanla this 219t day of 19 __.95__... d 41 4 N O 0 LIBERTY MUTUAL INSURANCE COMPANY ~H m ot~ BY 0 Oarnat W. Ellrolt. As aisle nl Secretary E ai COMMONWEALTH OF PENNSYLVANIA ss g ~O COUNTY OF MONTGOMERY •~@$ On this v to be the thero 'n doacbad carol k Wiyidual and Alil • A D 19..._95..... before me, A Notary Public, personally came the individual, known to "p ~~x~~NVV9gq me nd ha acknowled• c I a0arr officer of Liberty Mutual Insurance Company who executed the preceding instrument, a gulf that he executed Ihti Isarhe and {hat the seat allized to the said preceding fnstrument Is the corporate seal of said company; and that said corporate (E Z u I 61~ said instrument by authority and direction of the said company. brit seal and his sr • - ws dui ~ Nid and subscribed gnary INr Iq```` Y IN TFSTIMO` @4Y~ dl at Piymou Meeting P the day and year first above written. p FI~REOF, 1 1~.ry set m hand and affix my official !official the sae s 1I Notary Public CERTIFICATE I, the undarsigned, Ak4IpdpI'SkrotAry of Liberty Mutual Insurance Company, do hereby condy that the orlginAl power of allomily of which the foregoing is n lull, true and denaul copy, is in lull force and eflac1 on the data of this cortnitate, and I do further certify final the officer who executed the said powor of attorney was ono of the officers specially authorized by the chairman or the president to appolnl any at erneyin•loct As provided In Article XVI. Socllon 5 of the By-laws of Libony Mutual Insurance Company • This cedificotn may be signed by facslmile under and by authority of Ilia lollowing vole of the board of dheclors of Liberty Mutual Insurance j Company at e mooting duly called and held on are 121h day of March, 1960. 0 VOTED that Ilia facsimile or mechanically reproduced signature bl any Assistant secretary of Ilia company wherever appearing upon a certified copy of any power of nuomay issued by the Compaq, shalt be valid and binding upon the company with the same force and effect as Thou r. manually alfixed r./ IN TEt October WHEREOF. I have he'9unl~o6subscribed my name and Affixed Xtn corporate seal of the said company this 2nd day of I OC Assistant Secretary l THIS POWER Or ATTORNEY MAYNOT BE USED TO EXECUTEANY "D WRNAN INCEP"014DATE AFTER Juno 30.__ to 97._.• I r . _ all r • i IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1.600.252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TX 78714-9104 FAX # (513) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. • 'l r.uoaunn~ . _ _r . . , s~4 4~r. Ny1, rye R& , y 1R r''., n~15 ` f • ~ - 'i ~f' '~k X1.5 `7r FM~/ Y ~t. '"S 1 • i ' CONTRACT DOCUMENTS AND SPECIFICATIONS I FOR UTILITY IMPROVEMENTS TO SERVE VILLAS OF PINEY CREEK PHASE I DENTON, TEXAS SEPTEMBER 1995 PREPARED FOR: VILLAS OF PINEY CREEK / JOINT VENTURE 1517 Bayberry Court • Denton, TX 76205 PREPARED BY; • TIPTON ENGINEERING, INC. • • 6330 Belt Line Rd., Suite C Garland, Texas 75043 4141uti.cont • SECTION P (Continued) Urm nescri •J. SI!?L Itult Pdc! AtaQnn! Jill WATER* 11 8" D.I. or PVC Pipe LF SSO 13.26 7,293.00 / (Inc. Embedment and Backfill) Thirteen DOLLARS i Twenty Six cents per linear foot 2. 6" D.I. or PVC Pipc LF 820 11.46 9,397.20 (Inc. Embedment and Backfill) Eleven DOLLARS Forty Six _ cents per linear foot 3. 8"x8" Tapping Sleeve & Valve EA 1 646.00 646.00 Six Hundred Forty Six DOLLARS No cents per each 4. 8"x6" Tapping Sleeve & Valve EA 2 700.00 1,400.00 Seven Hundred DOLLARS No cents per each s• 8" Gate Valves EA 2 700.00 1,400.00 Seven Hundred DOLLARS No cents per each . I I P4of11 i j I • 1 I 1 i • A a I ' i SECTION P (Continued) ;ism Description unit rrice A,mmant WATER (cneiL 6. 6" Gate Valves EA b 200.00 1,200.00 Two Hundred DOLLARS No cents per each 7. Fire Hydrants EA 4 1,250.00 5,000,00 One Thousand Two Hundred Fifty DOLLARS No cents per each 8. 1" Water Services EA 2 375.00 750.00 I Three Hundred Sever Five DOLLARS No cents per each 9. 1" Water Services to Exist Main EA 10 675.00 6,750.00 Six Hundred Seventy Five DOLLARS No cents per each 10. Cast Iron Finings TN 1.5 2,000.00 3,000.00 Two Thousand DOLLARS No cents perton 11. Concrete Blocking CY 4 200.00 800.00 Two Hundred DOLLARS " No _ cents ~W per cubic yard h P-5 of 11 ,a S! 1 :ter • i SECTION P (Continued) 1 It= IInEt Plus Amount I WATER (coati 1 12. Connect to Exist System EA 1 1,250.00 1,250,00 One Thousand Two Hundred Fifty DOLLARS I j No cents per each 13. Water Test EA 1 1,750.00 1,750.00 r i One Thousand Seven Hundred Fifty DOLLARS No cents per each ,j 14. Abandon & Remove 6" Water Main LF 200 4.50 900.110 ! Four DOLLARS Fifly centc per linear foot 15. Trench Safety LF 1,370 1.00 1,370.00 One DOLLAR No cents per linear foot 16, Blow Of'Valves EA 3 450.00 1,350.00 Four Hundred Fifty_ DOLLARS • No cents per each per each • * . TOTAL WATER 44,256.20 P-6 of 11 t , w., `.:r~. ,5_-i. .,,~~,t 211~✓..~~t~6y ,t l~$ ~ e. y'i~ slim • • SECTION P (Continued) ltsm a Ila1t Etdas Amount SANITARY SI I2 MAIN& 1. 8" VCT or PVC Pipe LF 1,445 10.97 15,851.65 (Inc. Emmbedment and Backflll) r Ten DOLLARS Ninety Seven cents per linear foot I 2. 6" Sewer Laterals EA 38 220.00 8,360.00 Two Hundred Twenty DOLLARS No cents per each 3. 4.0" Dia Manholes EA 6 1,150.00 6,900.00 One Thousand One Hundred Fifty DOLLARS No _ cents per each 4. 4' Dai Manhole over Exist Main EA 1 2,150.00 2,150.00 Two Thousand One Hundred Fifty DOLLARS No cents per each 5. Connect to Exist System EA 2 750.00 1,500.00 Seven Hundred Fifty _ DOLLARS No cents • per each i 6. Sanitary Sewer Test EA 1 1,750.00 1,750.00 One Thousand Seven Hundred Fifty DOLLARS • No - cents p'r each P•7 of 11 .rte tP-t r ,,SV'Y r. • • i !y SECTION P (Continued) ! item 1 s~ ~ emaunt milli 7. Trench Safety LF 1,445 1.00 1,445.00 One DOLLAR No cents per linear foot TOTAL SANITARY SEWER 37 956.65 UDRUDAAMACM 1. 27" Dia RCP Class III LF (Inc Embedment and Backfil!) 163 18.35 21991.05 Eighteen _ DOLLARS Thirty' Five cents per linear foot 2. 24" Dia RCP Class III LF (Inc Embedment and Backfilq 370 27.35 10,119.50 Twenty Seven DOLLARS Thirty Five - cents per linear foot 3• 18" Dia RCP Class III (Inc Embedment and B,ckfill) LF 515 30.20 15,553.00 Thirtv DOLLARS Twenty • cents Per linear foot • a. 4' Diam Manhole (18") • EA 1 2,150.00 2,750,00 Two Thousand Seven Hundred Fi DOLLARS No cents Per each P•8 of 11 • i i i i I 1 SECTION P (Continued) 1 item DAWZUU UAft ~Itl Prls>i Amount STORM DiLd,~AG ETt~. I 5. 4x4',hurctionBox EA 1 1,250.00 1,250.00 One Thousand Two Hundred Filly DOLLARS No cents per each 6. Wye Connections EA 5 750.00 3,750.00 j Seven Hundred Fifty DOLLARS No cents per each 7, 101 Inlets EA 3 1,750.00 5,250.00 One Thousand Seven Hundred Fifty _ DOLLARS No cents per each 81 Grate Inlet EA 1 1,950.00 1,950.00 One Thousand Nine Hundred Fifty_ _ DOLLARS No _ cents per each f 9. Trench Safety LF 1,048 1,00 1,048.00 One DOLLAR No cents per linear foot I + • P-9 of 11 I 1 • SECTION P (Continued) %1t1L' Description Illlli Edo Ammen STORM bRAi1VA . (nn11. \ / 10. Remove Exist Headwall (30") EA 1 750.00 750,00 Seven Hundred Fifty DOLLARS No cents per each 11. Connect to Exist System EA 1 550.00 550.00 Five Hundred Fifty DOLLARS No cents per each 12. Type "B" Headwall EA 1 875.00 875.00 E~ht Hundred Seventy Five DOLi.ARS No _ cents per each 13. Erosion Control at Inlets LS 1 1,950,00 1,950.00 One Thousand Nine Hundred Fi DOLLARS No cents per lump sum TOTAL STORM SEWER 48,786.55 • TOTAL UTILITY 130,999.40 i I P-10 of I .»w.+.._... _ _ -.S 4 T, o 0 I SECTION P (CONTINUED): 6. BIDDER acknowledges that th n quantities indicated in the previous schedule are not guaranteed and may be changed to conform with the Work. BIDDER has read paragraph 9.10,2 of the Supplementary Conditions ant understands that the quantities shown in the previous schedule and as modified by change orc er will be the actual quantities paid by the OWNER for the completion of the work. 7. BIDDER agrees that the Work will be completed within twen_ t3L-sight M) working days from the date when the contract time commences to run, 8, BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of 1 failure to complete the work on time. 9. The terms used in this Bid which an: defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Respectfully Submitted, SITE CONCRETE, INC. 3328 Roy Oz Drive Grand Prairie, TX 75050-4207 (214) 313.0;33 j By: Bony Title: • ` Submitted by: SITE CONCRETE, INC. Doing Business as SITE CONCRETE, INC, • • Communication concerning this Bid sho ild be directed to the attention of JEAN BONEY. P-11 of 11 a y • i ' i 1 i IIATC MM.TON AC111:11. CERTIFICA-? OF INSURANCE S TEC-1 10/10/9s PRODUCER THIS CERTIFICATE 19 w&UED AS A MATTER OF INFORMATION ONLY AND CONFERS'Jn RIGHTS UPON THE CERTIFICATE Upshau Insurance Agency, Inc. HOLDER. THIS CERTIFICATE COVERAGE AFFORDED O THEEND, EEXTEND 8 BELOW. BY PIOUC 275 N. CAmpbell Road, 1619 Richardson TZ 75080-3605 COMPANIES AFFOROINC COVERAGE-4 - D Armstrong COMPANY A LE B Fire Ins Co 214-238- X61 INSURED COMPANY 8 North River Iaa Cc i - COMPANY C Insurance Compa27 of the site Concrete, Inc. P. 0. SOX 160096 COMPANY Irving TX 75016-0096 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLIC•I PER100 INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUSUECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIfS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POUCT wSCTIVE POLICY E701RATIOM UIRIYJ YY) liR TYM OP IXJtRUROE POLICY MLJAJR DATE HAAMAIOIYTI OATS (MI CDIERALLIAVUTY OENERALAOORIOATE 12000000 A V comme%IotNERALuASILTY 5031381258 05/11/95 05/11/96 PRODUCTS -COMPIOPA00 /1000000 CLAMS MADE a OCCUR PERSONAL A AOV INJURY / 1000000 OWNER'S A COHTkAOTOR JPROT EACH OCCURRENCE 1 1000000 RITE DAVAO I PAM' Re. Nd 150000 MEOwA,P p~o $5000 AVTOMOmIl LIABILITY COMSNED ON041 LMIT /1000000 e Y my AUTO 133612236 05/11/93 05/11/96 ALL OWN ED AUTOS 10011.Y INJURY I SCHEDULED AUTOS HUED AUTOS 500PLY INJURY $ PM KO RI NON-OWNfD AUTC9 PROPERTY DAMAGE 4 GARAGE LIAmUT' AUTO ONLY - LL ACCID W T 1 ANY AUTO OTHM TURN AVE0 ONLYI EACH ACCIDENT 1 A040 0ATt 1 EICLU UA4LITY LACH OCOUAAENCt 1 5000000 A Y UMSRMLAFOP M $530253922 05/11/95 03/11/96 AOOAIOATE 45000000 OTHEA THAN UMERQIAFJAM / C WORXSRJ COMPOISATIOM AND i STA"ORY UMITS EMPLOYeR4' LIABILITY (ACH ACCIDENT $ 500, 000 TH1"0PIETOa mcL WC8772656RA 12/01/96 12/01/95 Dltwe•POLCYLIMIT $500,000 PARTN FASIEXtc V71vE f-~ OFP C EAS ARE EXCL olsusE•ucH tMnorte $300,000 O THq • A Equipment Floater 3210710814 05/11/95 05/11/96 $9,205,576 $1,000 DED DEJCINPTION Of oIelAT1ONanoQATIOMNMeLn,S4PCIAL fieA! Job 95-471 Villas of Pine= creek, Denton TS Additional Insureds) Villas of Pinm7 Creek/Joint Venture C tr Of DIBIS an • CERTIFICATE HOLDER _ - ! :CANICELLATION ~ • • CI TD6-1 &I"UM ANY OF THE ADM DCOC"W POU055 M 0 AWALM S/OM THE VO RATOM BATS TM~, THS MJIAIM COMPANY WALL OMMY011 TO PAIL 10 BATE TNNTTmI NOTICE To TPM emrACATT MUM NAMO TO THE 1UPT, City of Denton OUT PAL.NM TO MAIL WON MI 'N"I MFOLE MO 064,101 OR URANIUM 215 E. McKinney Street Denton TX 76201 OR AMY FIND UPON TIe OOMPANY, ITS AOOR40RMPRUVTA"M. AUIMOIErID AONSIONTATM , D Asestrong.~' Oral eACORD d ff0if 993 ACORD 25-8 13/931 ,E,..:I 4 EJ " . 1995 • I t \ CITY OF DENTON REVIEW AND APPROVAL Of ACCOUNT$ PAYAILE To Director of Finance { l Li 73 ~r, `j ~ FROM. Department Not Amount DATE r r~' kccount No, Attached documents approved for payment. partmental Approval - • _ , rte'- _ i IJ131VIAKh 1KAVLL AbLISLI 1809 NORTH ELM • DENTON, TEXAS 76201 (8171382-5457 SATES PERSONI 05' ITIN£RARY✓tINVOIgE NO..0095088 DATEI 19 JAN 96 i' CUSTOMER NBRS 010205 REWRNH PAGE1 01 FI~~~I,Ir~ 1lRMf RAAMFHiDVlUPONIP11fNf1}ipl i TO' CITY OF DENTON I L ll 1 {I IVRLNMM AORi fS TO RAY A I W RR N IPI,V I I , n ALL ANI)UNI I OUT IN I Ht IV IN} INI AMWNr A15 E. MCKI NN£Y ouzel MOT IMO All A09110, ALAI 1 fAYMINT .I DENTON, TX 76201 cce~RYq ocNAroIa INMRCn MONrMxI Llc I FORS BROOK/NORACE BROCK/E1ILINE I, MILLI! lk/JACK ITINERARY 09 MAR 96 - SATURDAY i' AIR AMERICAN AIRLINES FLTs1684 ECONOMY LV DALLAS FT WORTH 216P E14PASUPER 80 I. AR WASHINGTON NATL 602P NON-STOP BROCK/HORACE SEAT-20A BROCK/EULINE SEAT-20B AA-CO59392 MILLER/JACK SEAT-21B AA-1024482 C 12 MAR 96 - TUESDAY AIR AMERICAN AIRLINES FLTe543 ECONOMY LV WASHINGTON NATL 326P EQPaSUPER 80 AR DALLAS FT WORTH 557P NON-STOP BROCK/HORACE SEAT-23A BROOK/EULINE SEAT-23B AA-CO59392, ~I. MILLER/JACK SEAT-22B AA-1024482 AIR TICKET AA1216179197 BROCK HORACE 185.10 AIR TICKET AA1216179198 BROCK EULINE 155.10^ AIR TICKET AA1216179179 MILLER 'JACK 185.10 + 1'I' SUB TOTAL 555.30 TOTAL TOTAL AMOUNT DUE, ; 555.30 ***WE APPRECIATE,YOUR BUSINESS*** THANK YOU SUSIE(l ' • e { b ~iA)i i r • • ~~t.~~~. llL~1VINI~IV 11tNVL'L Ntar,l+il.l 1,F 1909 NORTH ELM c DENTON, TEXAS 76201 I~x \t~ 18171 382.6467 SALES PERSONr 05 IT;NERARY/II4VOICE NO. 0094980 DATEr 16 JAN 96 CUSTOMER NBRs 010205 SJVEWE PAOEr 01 I IIL ~rl TIA nAYWN 10Ut UMWNU IATg tN' „ TO, CITY OF DENTON 1 u AL, N tN UNIIAORVA .AYVtNTt ,A RAVIL KLOI 215 E. MCKINNEY 1 S r outs fc4AMU 01 M%Pn.AUll WPAYMfW 'ttnvlCNnN0l or ,b\M MONTN roI Nt s DENTON9 TX 76201 CITY MANANOERS OFFICE FORT l ;RpLHN/VERONICA i ITINERARY I . t 24 JAN 96 - WEDNESDAY AIR AMERICAN AIRLINES FLT+2275 ECONOMY LV DALLAS FT WORTH 810A EOPrSUPER 80 AR AUSTIN 911A NON-STOP ROLEN/VERONICA BEAT-25A 'AIR AMERICAN AIRLINES FLTi1540 ECONOMY LV AUSTIN 635P EOPRSUPER B4 AR DALLAS FT WORTH 735P NON-t3TOP r. ROLEN/VERONICA SEAT-19A l 1 AIIk TICKET AA1216179080 ROLEN VERONICA 135.60 SUB TOTAL 133.60 TOTAL AMOUNT DUE 135.60 ***WE APPRECIATE YOUR BUB;HESS*** THANK YOU SUSIE f f I I I 11, t • j,! • • I I„ i.: r r • 13161ViN Kh '1 KE1V LL HlaL1V1. E , , . „ 1809 NORTH ELM . t1ENTON. TEXAS 76201 (6171..E26457 r 1'rf ~ SALES PERSON$ 05 ITINERARY/INVOICE NO: 00947831-. DATEi 09 JAN 96 „ CUSTOMER NBR'+ 010205 RBVPRZ /I PAOE1 014' hF.Lr11 IIRWPAYMENT DUN UPON "Ell NTNTIDN TOt CITY OF DENTON A"AMOOUNTIOUI NTHF$YVINTINIAwM' i? 2i5 E. MCKINNEY Ilnn'ucu.nolDnNNnNNOnTNMI n 141011D . r~ DENTON~ TX 76201 1 C i~^ FORT PULLER/JACK BROCk/EULINE ITINERARY 26 JAN 96 - FRIDAY AIR AMERICAN AIRLINES FLTS3505 ECONOMY 1 OPERATED BY SIMMONS AIRLINES LV DALLAS FT WORTH 925A EOPiATR 72 TURBOPROP' AR CORPUS CHRISTI 1105A NON-STOP MILLER/JACK SEAT- 7B AA-1024402 BROCK/EULINE SEAT- 7C AA-CO59392 27'JAN 96 - SATURDAY AIR AMERICAN AIRLINES FLT0830 ECONOMY OPERATED BY SIMMONS AIRLINES } { LV CORPUS CHRISTI 22`P EOP~ATR 72 TURBOPROP h" AR DALLAS FT WORTH 415F' NON-STOP MILLER/JACK SEAT- 7B AA-1024482 BROOK/EULINE SEAT- 7C AA-CO59392 AIR TICKET AAL208821.098 MILLER JACK 190.00 I} AIR TICKET AA1208821099 BROCK EULINE 6.00 SUB TOTAL ---°----196_00 1; TOTAL AMOUNT DUE 196.00 ***WE APPRECIATEYOUR BUSINESS*** THANK YOU SUSIE? • iF 1S • • • ~Y SriI 7i • _ _ ` j.;.,.. of bla, V.at ,fSr~pYi '~3,•. isr - _E , e';; te r re . F.iLAV 'T" q ENT j 1 • .-nl~.r Ix4 ~aa^?anus«.xar~P.q1l~S.-k1lY~i2'r74H1:'-#!'~IIPFCiaa`R'itlA.gfN.'4N»!4'BMX:VAkil.'.rrrpl.riHPi'~w~14!M~v oOOO~~~p 4COOGOp~oOo 000+ \ o° , y ohs o~ e 41 Ooooo~oo o N < O~ooOO 4Q00040~ t 1 ~ ~ _ • -++.ryrf.... _ ~ dhr' r-I'r ! ~ i;~ ldvrt ,~1i. x6 ~ . 'i • i ~ $C:P,12-1995 16115 OaJEN Fl" CIA. CORP- 407 661 8174 P.11/19 XAA00091 f pRo7ECT NO • !~L^.4' CONTRACT NO. THE STATE OF TEXAS $ pEVEfOPNEtTT CON S COUNTY OF DENTON S Whernaa,~ hereafter referred to as 110wner," whose business address is The Forum 1675 Palm Beach Lakes Blvd. West palm Beach 4 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdsction; 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 daveiopmant 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 i i • 4" SBS Iil'!» r .64V As td-1995 Sells CWEN F1R*C1PL CCW• males such ImprovametlCa bare~lfter ~ Whereas, the owneuc elects to IT Whereas,, the OwnOLr elects to sat forth by contracting with Global constructlon c e whose businass address is G1obal,Buildera, LLC ~ heraafter referred to as "Contractor"; and waexaas, ovnar and contractor recognize that the City bas an interect in ensuring that the Improvements svbe to this agreement, vhich will, upon ccapletion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; k'ITNESSM As to the improvements' to be dedicated t6:th4a public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1606 East McKinney St., Denton, Ts 76201 i the owner, Contractor and city, in consideration of their mutual • promises and covenants contained herein, agree as fcllovs! 1. Covenants oT contractor. Contractor agrees as follOvs: (a) Specifications. To construct and install the • Improvements :n accordance with the procedures, specifications and ~ • • standards contained in. Division II and IN of the c tvls ;kandar Spec ~~ication9 or ublic Works Construction, North CentYal Tee as amended, and all addenduss thereto, and all other requlatianS, ordinances or specifications applicable to such Improvementi:, such i 1 i 1 I S$P-12-1995 18116 OCkEN F I WC IAL CORP. 467 681 8174 P,13i19 t I spacifieations, standards, regulations and ordinances being expressly incorporated herein-by reference and being made a part of the agreement as though written hertin. (b) &Uhori -of Cltv aineers InsDs t__e_iona_ 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, move or • rePlace if so directed, rejected, unauthorized or condemned work i 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, it 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 • SEP712-1995 18;16 OC4EN FINWJCIPL CORP. 407 681 8174 P. 14/19 1 (e) Insurance, To provide for insurance in accordance with the insurance requiraments applicable to contractors as provided for in Item 1.26 of Division I of the Stand y4 a MILVA-M fo Public Wor~s Construion No th central Texan, as amended, the provisions of which are expressly incorporated herein by reference; i provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the city of Denton. (d) and Methods of con truction. That the means and methods of construction shall be such as Contractor may choose; i subject, hovever, 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. MMtyAi cow t Owner and Contraetior. owner and contractor mutually agree as follows[ (a) Performance Bones, Esc +w ;►orseMont. That if building permits are to be issued for the development prior to completion and acceptance of all tzprovemente that are to be dedicated to the • public, the following security requirements shall apply, unless the i 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 eompieta the Improvemento, 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, i PAGE 4 j t.. • SEP712-1995 18117 OCIAEN F N* CIAL CORP. 487 68L 8174 P.15/19 (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 propel' protection of all claitoants 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 forte 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 tiey 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 PACE 5 _ r • • SEP-12-1995 18 18 OCbEN FI4* CIAL CORP. 487 681 8174 P.16/19 material for, the construction of the Improvements, and, when requested, written statement frets any or each of such subcontractors or suppliers that they have beer, paid in full. (c), peetainegg Final payments. [This provision (e) 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 tan 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) EngWmbrances. That upon completion and approval or acceptance of the Improvementa of the city, the Improvements shall becowe 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 • ~y • J i, SI EP-12-1995 lelle OC4EN FIN* CIAL CORP. 407 6ei 9174 P.i7/19 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 O! ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty Tiaterial and workmanship that appear 'within one year from r',.e 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 Teas. (f) ndemnification. 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. (q) Agreement -Control 1i ntl. 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 i • I • i SPEP4t2-1995 18=19 OCLFN FIP!AWIAL CORP. 407 681 8174 P.18/19 r 3. Occu~anayr One Lod, Deyeloemante. Owner furthor agrees as follows: (a) That owner will not allow any purchasers, leaaee, or !I other person to occupy any building within the ~evslopment 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 City's 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. PACE a 0 • ' i d 1 SEP~t2-1995 18=28 03EN FIN*ICIAL. CORP. 407 681 6174 P.19/19 ' 6. 'Successor AM AssiMs. This contract shall be bi7id upon and inure to the banefit of. the parties hereto, their raspactive successors and assigns. NO Executed in triplicate this,.' day of ~E~ 19• OWNER COUNTRY PARK, L.P. CONTRACTOR GLOBAL COHSTRUC716M. MPANY LLC dba GLOBAL BU DERS, LLC BY: .~~I BY1 GAR CHARL..u W. ENELLA, J Vice President Vice President T CITZAGZZRR BY: ATTEST % s xr •ALTIM O CM 5 ctMM APPROVED AS TO LEGAL rams HERBERT L. PROUTY, CITY ATTORNEY 1A QA" Pa cel~~ • • • PAGE 9 i I J i l EXHIBIT "A" 1. STORM DRAINAGE A, 24" CORRUGATED PIPE I00' x S321LF 3,200.00 B. Headwalls 2 Ea. X $1,400/es. 2,800.00 6,000.00 2. WATER MAIN A. 8" PVC 950' X 15.50 14,725.00 B. 6" PVC 510' X 13.00 6,630.00 C. Fire Hydrants 3 ea. X 1,200 3,600.00 D. 6" Gate Valve 2 ea. X 350 700.00 E. 8" Gate Valve 1 ea. X 450 450.00 F. Fittings 1 LS 1,200.00 0. Water Test 1 LS 500.00 27,805.00 3. BOND ON ABOVE 1,046.00 4. TOTAL 34,853.00 • i i , . M...~..vu .r yam r........ i - ~ _ _ ~ ' ~.r.. 1r_... Yt_ ~ i14~`~~ ~~i~tfF St c r. t~rr~1 ~ cur • f DR0.7ECM N0. S'"~!O BOND #19-001-339 OoWMCT NO. ~ ' " Puroltwer BOND THE STATE OF 'fEXA5 S xNow M14 XZff by 1'xESE PAUENT9e couNTY of Dvmo`( S The Global Construction Com an LL 7211 Regency S care Bo of Harris County, Taxa9, hereinafter called Principal. and Liberty Mutual Insurance Company, 600 W. Germs k Plymouth Meeting. PA 19462 a oorporetion organised under the laws of till to oft and authorised to do business in the State of Texas, hertina Mr Toxaoa na Huniaipal bold and firmly t On o bind DeUnto this City nton County, DeAton, hereinafter walled "City" is the panel sum of „Thirty Four Thousand Eight Hundred Fift Three 34,853. Dollars, lawful Aah*Y of the United states, for tho payment of which well and truly to be made we bind ourselves, our heira, executors, administrators, and suooessor■r jointly and severally, and firmly by these presentas THE Condition of this obligaticn is such thate W1dP,MS, the Principal entered into a cartai1e contract with Owner, dated- the dayy of o CIS 0 in the proper of wlt1% f Denton, Texas, has an pcrfornance the t y interest, a copy of vhiah is hereto attaohed and made a part hereof, for the construction oft Storm Drainage and Water Mains _ Naw, TarMFORe, If the Principal shall well, truly and faithfully cause to be parformoll and fulfilled all old the undartakinga, covenants, terms, conditions and agreements of acid • Gontraot in aocord"ce.with the plans, Specifications, and Contract Docuzaonto during the original tarn'thersol, and any extension thereof which may be grantod, with or vithout notice to the surety, PACs ONE _ _ _ 0 • 1 ' j and during the lire or any guaranty rsquirev undor the contrast, and shell also well and truly Causo to be patterned and fulfilled all the covenants, terms and conditions and alreemonts of any and sll author?.cod modifications of said Contraot~,uthest rsty M07 being bemade, notice vi which modifications to thix 1a~ise to g hereby in remain waived; then this obligotion shall be void! full force and effect. ,pvonua ED, fur0ar l.-Dhpkt if enton any legal actio): be filed on this bond County. AND, that said surety, fo.o value reoeived, hereby stipulates and agrees that no e-nanpe,• extension of tint,, alteration or addition to the t•a=ms of the contrast, or to the work performed acootapanya~4 thor the e same shall yin genywise a affect itsa ob gqligati ono on Chia bond, and it does hereby waive notice of any such change, extane on of tine, alteration or addition to the terns of the ,ontrX or to the work to be psrfcraed thoreu nder. INWITHE69 RHEREOP, this inat.umont is axacuted in triplicate, aach One of which shall be ,eased an original, this the 12th day Of October , IS 95 PRINCIPAJ. OMM LIBERTY AfMAL INSURANCE Co!4PANY BY: 8Yt n Ord 7~TTORNSY-19-FACT F 7ee Harry Johnson APB M • NGTL- POWER CF ATT6 XSY of suRETY KvST Br ATTACKED. DATE OF BOND MUST NOT B9 PRIOR TO DATE of CONTRACT. PAGE TWO I M•~ • • PPWECT NO, BOND 019-001-339 CONTRACT N0, i PAYMENT BOND I THE STATE OF TEXAS S COUNTY OF DENTON S THAT Global Caestruction Company. LC 7211 Regency Square Boulevard Suite 95 Houston, Tg ~j!]36_._ of i Harris ^ County, Texas, hereinafter vullsd prinoipel and Liberty Mutual Insur r Plymouth Meeting, PA 194b2 corporation arwized under the laws of the State Of ~ss ►nd authorizad to do business in the State 61 Texas, hnra na ter called "surety" are bald and firmly bound unto the City Of Denton, Texas, a xunIcipil Corporation, in Denton County, Texas, hereinafter called "City", and unto all peroonso firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attaohed ocntrsct, in th4 penal sum of Thirty Four Thousand Eight Hundred Fifty Three ~g 34,853. Dollars, lawful aonay of the united States, to be paid in Dcntonr penton' be madaoyj Texas,, for the payment of we bind which sum well and truly our heirs, executors, administrators, and auoawsorr, jointly and severally. THE Condition 'if this Obligation im Duch thmktt WHEREAS, the i' ineipal entered into a certain contract with • Owner, dated the. i2nd Oay Of September proper porformanee ofrwhich the Cita arn, Texas, ham an Jnterest, a copy of which is hereto attached and made a part horeof, for the construction oft Storm Drainage and Water Mains PAGE ONE i • 4 3 I 1 HOW, THEREFopl, if the Principal shall well, truly, and faithfully amuse to be performed its duties and make or cause i Contractor to %Aks prompt payment to all parsons, firms, oub- contractors, corporations and olaimanto supplying labor and material in the prosecution of the work provided for in paid contract and Orly and all duly authorized modification of said Contract that may hereafter be made, notice of which modification j of the muroty is hereby exPressly waived, then this obligation shall be void: otherwise to remain in full farce and affect. GOUntyal action be filed upon this bond, Provided furt lie r in Oa it arly venue AND THAT said Surety for value received hereby stipulates and agrees at no change, extension of time, alteration or addition to the terms of the Contriot, or to the work performed thereunder, or the Plans, SpeCifiDations, Drawings, ate., accompanying the same shall in anywise affect its obligation on this sonde and it deep hereby waive notice of any such change, extension of time, alter4ion 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 doomed an original, this the day October 14,,$,x_•• of I PRINCIPAL SURETY GLOBAL CONSTRUCTION COMPANY, LLC LIBERTY MUTUAL INSURANCE COMPANY I dba GLOBAL BU1LDEt , L i 8Y t ~ QY t AT•PORNCY~I -F11 1 Vice President Harry R. Johnson ATTESTS . CR D r NOTE: DAT£ OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i • • • i PACE TWO ! 1 3 p}1OSECT N0. CONTRACT NO. CONTRACTORIS MINTENANCE BOND (DEVELOPHUT CONTRACT) THE 3TAT8 Or TEXAS S KNOW ALL MEN By THESE PRESRNTSt COUNTY Or DENTON 5 That Global Construction Company, LLC 7211 Regency Square Boulevard, Suite 250 Houston TX 77036 of Harris County, Texas, hereinafter called PrinCipal and Liberty Mutual Insurance Com an fi00 W. Gera Plymouth Meetin , PA 19462 a Corporat on organiZed under the laws of the state of e and authorized to do business in the state of Taxes, here naftar Called "surety", are held and firmly bound unto the City of Denton, TAY&F., a ~jUniClpal Corporation, in Denton c tyr Te Pour orei.d Eier Five called "City" in the penal Cum of . 485 Dollars, lawful. money of the Un ted States, the. said sum bein ton percent (10t) of the total.emount of the hereinafter mentioned ContvAOt, for the payment of which sum Well and truly to be made we bind ourselves, our heirs, executors, administrators, and eueoessors, jointly and severally. 7HE Condition of this obligation is Such thatt RMEREAS, the :•rinoipal entered into a certai14con~tr/act with owner, dated the 22nd day of Se to m pnCOri, Texan, hin the op an proper performance of which he C y Sntereat, a copy of which is horoto attached and made a part hereof, 1cr tha Coftstruotion oft Storm Drainage and Water Maine PAGE ONE i • f Now, THERZloRr it the Frincipol shall xall, truly, and faithfi maintain and keep in good repair the work co»trnotsd to hn done and pariormod for a period of one (1) year from the date of acceptance in writing by tho City of Denton and do all necessary work and repair of any detective conditions growing out or or arising from the improper work of the same, including, but not limited to, any oattling, breaking, cracking or other detective condition of any of the work or part thereof arising from improper excavation, baoklillin4, compacting or any other cause or condition, ; Y.nown or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to bo the result of defective work, materials or labor; then this obligation shall ba void, otherwise to remain in full foroo and effect, repair or In case any the da! otiPrincipal ve oonditionl of fail to work asn~determined rr any A4i'orainain, it it is agreed that the city say do said work. and supply such materials as necessary and charge the sum against the said principal and Surety on this obligation. It is rurther ogreod that this obligation shall his continued one against the principal and surety and that successive roeoveries may be had hereon for successive broaohoa of the conditions herein provided until tna full asount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continua throughout said sa diminished, or in any pariod ' affand the eckd from e anshall y aeuss not durig said p tins, manner PROVIDED, further, that if any legal action be filed on this bond, vanua shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, aach ona of which shall be deemed an original, this the 12th day of October ~b. , 29 95 pn3NCIDAL SURZTY • I LIBERTY UUTUAL INSURANCE COMPANY GLOBAL CONSTRUCTION COMPANY, C R jLLUUP// cM 6LC L L , Ely SY: • Vice President OT-DA Ey-IR-FACT Harry R. Johnson • • k PAGE TWO I i 1 i i I 1 i J NOTES POWER OF ATTORNEY OF SURETY MUST bE ATTACHED. DAIS OF BOND I MUST NOT IS PRIOR TO CATS or coin TACT, i ATTES' S I S x • PAGE THRSE r MESA mmiKAN-1~MM-~ • THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND, 069893 This Power of Attorney limits the act of those named herein, and they have no authority to bled the Company except In the manner and to the rxtent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY i KNOW ALL PERSONS BY THESE PRESENTS; That Liberty Mutual Insurance Company (the 'Company'). a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hefemader set forth, does hereby name, constitute and appoint, MICHAEL j, MITCHELL, HARRY R. JOHNSON, KEVIN P. ADAMS, LINDA DOZIER, MARTIN J. PURCELL, ALL OF THE CITY OF PHILADELPHIA, STATE OF PENNSYLVANIA . . each.individually'iI there be'more than one. named, ,[is'Ine and lawful afto,neyinfacl to make, execute. seal, acknowledge arid deliver, for and on its behalf as surety and as its act and deed, any and all undedakings. bonds, roccgnizances and other surety obligations in the penal sum not exceeding i1FTY #44p L10N................................... "•"""""'-DOLLARS SD pppOr ) each, and the execution or such Iwnds or j undenalimgs, in pursuamo of these presents, shall be an binding upon the Company as it l ey had been duly signed by the prasidenl and attested by M the secretary of the Company in their own proper persons. rA d O Thal this power is made and executed pursuant to and by authority of the folfowing fly-law and Authorization. 9 ARTICLE. XVI - Exe:ulion of Contracts. Section 5. Surety Bonds and Undertakings. „ The president or a v„o president or an assistant vice president authorized for that purpose in writing by the president and the secretary or an Cox assistant secretary Authorized for thAl purpose in writing by the president, subject to such limilalions as the board may prescribe. shall appoint T G such adorneys-intact. as nay he necossmy to act in behalf o1 the company to make. execute, seal. acknowledge and deliver as surety any m And all undertakings, bonds. recogmzances and other surety obligations, Such ahomeys•in-tacl, sul l to the Ilmdalions eel forth in their respective powers of attorney, shall have full power to Lind the company by their signature and execution of any such instruments and to mm s m attach thereto the seal of the company either by an impression of the seal or by the anachmenl of a seal of paper of other similar substance O F- ,u bearing a lacsim0e imprnss+cn of the seal. When so exaculed such instruments shall be as binding as if signed by the president and attested O W u _ by Me secretary. P E By the following instrument the president has authorized the ohlcers named therein to appoint aaomeys-in-tact S a 3 Pursuant to Article XVI, Section 5 of the By-laws, Vice President H. Robert Schlelka, together with Assistant Secretary Gomel W. Elliott, are a hereby authorized to appoint such attorneys-Infact as may be neressary to act in behalf of the Company to make, execute, seal, acknowledge o sf aI and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. E That the By-law end the A uthorizat t7 ' Company has Deep eEOF, this i thereto ton abovu sal forth are true copies thereof and are now m full force antl el act. p E IN WITNESS WHEREOF, this inaUUmmd has baen rn subscribed by its aulhon: ed officer end the corporals teal of the said Ll De rty Mutual Insurance b ~ C In Plymouth Meeting, Pennsylvania lhm._ _{M.__. day of SEfTEMBER 94 'rte` g LIBEATY MUTUAL INSURANCE COMPANY et By - - - By H. nosed SchielNe. `!i . des, y Camel W. F iotl, Ass 5 eel Se^,ralery n E CC r COMMOI,liAl LTH OF PENNSYLVANIA ss COUNTY OF MON p O .ERY 3 ~ldh V of Y hFaFfi6~A Mutual I9... before me, a Notary Public personally came the individual, known to CC « On this dA rf dtF'CA P h u me to be the thA a Uescfibed Kdi idua7EfdT r I-ihedY Mutual I.nsu apA _ ce Com en who executed the preceding Insbumenl, and he Acknowled- gad that lie executed §arho arlr.~q!tal the seal affixed to the said precedino instrument is the corporate seal of said Company; and that said corporate 0 ~ seal and his signal JcnlDDd {tr,AN4d was duly affixed and subscribed Io the said Instrument by aulhodty and direction of the said Company. IN TESTIMO(JI REOF, (ho • Y~tjnp set my hand and Affix my official seal at Plymon Meeting, P the day and year first above written. I 1 -r / Mole - - la ry Public CERTIFICATE I, the undersigned A stek0'geCrelary of Liberty Mutual Insurance Company. do hereby certify that the original puwer of attorney of which the foregoing Is a full, true and bbtriect copy, is in full lorce and affect nn the date o, this certilicalc and I do Ir:dher certify that the otOcer who executed the sold power of attorney was one of the officers specially authorized by the board to appoint any aaomey-Infect as provided In Article XVI, Section 5 of the . Bylaws of the Liberty Mutual Insurance Company. • • this certificate may be signed by facsimile under and by authority of the !allowing vote or the ward of dtrecors of the Liberty Mutual Insurance Company at A meelii,q duty cafloci and held on file 12111 day of March, 1990. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy c! any power of attorney issued by the company, Shall be valid and binding upon the company wrth the same force and shod as though manually affixed IN TESTIMONY WHEREOF-, t have hereunto subscribed my name and Mixed the corporate seal of the said company, this Zth day of October _ 19 _ 95 2V 51en1 $aCle[aryl 1 `----'-TFae POWER OF ATTORNEY MAY NOT HE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE APTER 11 pgC,IgER 31.19 . ILW i' i, i 3 1 I { Llbtrty Mutual law"mt Company Statutory Bdnsee Steel (dialLom In thousands) Asses December 11, 1991 i Bocdf._»..._......_....~ SI1.419att J Cosoasoa sad Prefermd Sucks......._ 1,61],7M 91.952 Real Fx w........ Cseh sad Share-Tenn larewnmu 179,667 17.610.967 Other A ruted ad lo v .-._T-......_._.__._.._. SabseW Cash ad hresmd Aasms pmn"m w Count of Callecsiea• 3,370261 R.dsaraam R.covr.blr a lnr and Itss Adjuamam F~cpmaa ri7iomn 7.13.97 Ireton t00ivkesds ad Raj Famm Iecaeoe Due sad Aooad 1501,,357 _ Ckh"Arw TOTAL ADMITT7® ASSFIM S 16.971.173 ii 1 Liabltltim assd SarPlas j' Rmrra fa Imam and Lse Adfusu+mt °•ceew .__.._..__r..__.......---.... 311,370,061 i~ Rearm lr Urmnd Pemluaa.._................ Ia1 191,1 70 Redmaream PayaWo w Pak Los and laa Ad)amnM Expmw.._-.,-..--_.___._....__.-. ,53 ?$,575 fedr9 laeeme Ta d State p4PnlumTuts Aom"._ YR odtr tjwtism TS9 17,567,916 TOTAL I3AAILTf81.._.-_...._.....__...__......_..._...__._-__.._._..._....,........ Uswrisow Sarplw.__.__.......___._....._._._....._.___....._..._..__...._»._......»._..____... 7,931,179 71,2m HevWm for dvidmd"D63" l2w Gumiraiotylc" TOTAL SUIIPLUS..__......_...._.__..__...»_.___....__,.,..._.._.._.........._.__.............- 1.971,111 TOTAL LWUXM AND SURPLUS f I... (•FidW" pmmlam sore dm 90 daye doer) CDhpAONWPJ,LTH OP MASS ACHUSeM ss: COVNTY OP SUFFOLK 1. Pad CAWS, ID, bop dry r*OM my%: Tlue ha 6 /.Wsmr Vks PreNdess av1 C*Mpaoltar of Liar Mutual kw a Campm : tM saki C&"Y to a MAW luunam om,Pmy daly arteabod, sshda7 and eaPdd k budaer r s saaf by vhaac ddso Nrs of th Ile Ctmam.eslA dMeasamatea7 ad has duly anpkled veldt all dm ma knmmb of dte lawn of Wit Cam W11*ealdt and of dw has of the Suva to w d Company ud Is duly g w1w m as a arety viler aud4 lawn duc mid Cmapmy his Was, mnplfed w71h sad is duly qualified b as r P)MY % feJwW boads wile, Seccloa 9703 of rink 7I of the Unhtd Sues Coda • 7%, d,e fore7otn7lr s M, ewe sad cases Rammmt of ds fiamcir ea"ds d m,d CerPuy oa de, 11 A day of Decunber, 1994. Sworn m befom me Ne 17th day of Mrct% 1993 My CemmisNen Ea pirt.~~ VL~~7tG+ta.~ Aul V Prridmt asd CeanpVNkr ,..-,.._..,......"..~_,_._sy. ~ I i OAT , IM"DIYY1 10/12/95 PRODUCE1 THIS CERTIFICATE I ISSUED PA MATTER OF INFORIIIIIATION THE GRAHAM COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR - THE GRAHAM BUILDING ALTER THE COVERAGE AFFORDED BY THE LICE BELOW. ONE PENN SQUARE WEST COMPANIES AFFORDING COVERAGE PHILADELPHIA, PA 18102 COMPANY NORTHERN INSURANCE COMPANY OF NEW YORK A IMIUREO COMPANY NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, GLOBAL CONSTRUCTION, LLC AND GLOBAL B CONSTRUCTION COMPANY, LLC COMPANY ASSURANCE COMPANY OF AMERICA 3500 S. GESSNER, SUITE 201 C HOUSTON, TX 77063 COMPANY FEDERAL INSURANCE COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE '.ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED DR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITCONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO " TYPE OF INSURANCE POLICY I'UYIER POUCYEFFECTIVE POLICY EXPIRATION LIMITI LTA DATE (M11100 (YI DATE (MMNOIYYI l 4ENERAL LIANUTY I GENERA AGUREOAIT_. 1 2, 000, 000 A I_X cowmRCL4L wmEAkL. A"ILRYEP8646105D 7/1/95 7/1/96 PRODUCTS COMP(OPAGO, { 1, 000, 000 If CLAIMS MADE X' OCCUR PERSORAL6 AOV INJURY { 1, 000, 000 EACH OCCURRENCE 1 1, 000, 000 GvA+ExDaCORTRACfORSPROti FAE DAMAGE fAryuwln) 1 300, 000 L_~ MEDEXP IA:ry ur Prwrl { 5 000 AUTOMOIILE LIAdIITY AI ANY AUTO EP86461050 7/1/95 7/1/96 coMSNEDSNaLELEar s 1, 000, OGO All OWNED AUTOS i BODLY ,MtJURY n) ' 1 (Pa prwnl SCHEDULED AUTOS _ X HIRED AUTOS PODLIRY 1 X NONOVAND AUTOS PROPERTY DAMAGE S ~GARAGE LIMKITY AUTOONLY. EAACCWNT ANY AUTO OTHER TF+1N AVTOONLY. -I EAC14ACCIDENT 1 AGGREGATE { B {15, 000, 000 MX= SE3099425 7/1/95 7/1/96 IEACROCCURRENCE ~X uMBRELL_! AGGREGATE 115, 000, 000 AroRM I OTHER THAN UMBRELLA F094~ { WORMERS COMPENSATION AND STATUTORY LIMITS C!EMPLDYE«ruArL°Y TC6-82893893 7/1/95 7/1/96 EACHACCroENT { 100,000 j THE PROPRMiTORI X INCL DISEASE - POLICY L UAIT { 500, 000 PARTNEA&VAECUTNE - ' OFFICERSARE E%C I DISEASE EACH EMPLOYEE { 100,000 • orHEIT iCONTRACTOR'S EQUIPMENT'S orrl F«XRr LYA:ro, APxrro oR xPxoMXD D CUV 50156 '711195 7/1/96 "014 MIRs - nso, ooa LIMIT alT16IT ERAOE ITO U.nao PXTASrISI,e DEEClMPT*N OF OIEMTIONbLOCAT70NLVEIRCLE34KCIAL ITEMS RE: ADDITIONAL INSURED: CITY OF DENTON SHOULD ANVM TTk MOVE oESaMIED PNx1dEf EE CAIICELLED IEFORt THE CITY OF DENTON EXPMWTION DATE THEREOF. THE SSUWO COMPANY WILL ENDEAVOR TO MALL MUNICIPAL BUILDING OAW wiamN NOTICE TO THE CERrmATE MOLDER NAMED To TN LEFT. DENTON, TX 76021 E0 FAKUK TO MAR SUCH NOTICE SHALL LMPON NO OILAOATMHI ON LIAIUTY ATTN : DAVE SALMON OF ANY UPON THE COWA , m WATTS OR REMIEIENTA"S. AU AT YE - - - f s I I OOO~GC oCOC ccpoop ppO ! i r0ti~ rop~ . s c7 Q, sU g o i a 4 O ~Op r o N , t • p00 °OaQacaaoo~oo~ I i j I { } II `f 1 i . 1 a>t 1 1 • i • i i i 4 1 l l 1 { AAAOOD97 i PROJECT NO. CONTRACT NO. b L L THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S r Wia .1~ r~•:res. ~ r J, ,4-'/1'11 Whereas, j.._.r,_y~.l r------ hereafter referred to as "Owner," whose business address is -,L'4 ldt-CLitikxTu cl &~f ` P zAe ~JFc'Tl~~; ~a , ie 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 1 ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of adid 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 • l the city's specifications, standards and ordinances; and I [select applicable provision as follows] o 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 "Ccntractor" shall mean the owner as named above; or • • Ik I f i Whereas, the Owner elects to make such improvements hereafter set forth by contracting with whose business address is a 2Uv , hereafter referred to as "Contractor"; and Whereas, uwner 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 paym9n.t 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 ,2' 2LIV Z 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 i and III of the City's standard • Specifications for Public Works Construction. North Centr.,&1 Texas, • • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such i PAGE 2 0 a Ii Ir 1 f I • I i I I f ~ I i specifications, standards, regulations and ordinances being express'.y incorporated herein by reference and being made a part of the agreement as though written herein. (b) ILthority 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 Ci•cy 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 appllcable thereto. Any work done or materials used without suitable inspection by the City may be ordered rewrved and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or i replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other cdquost 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 f • until such failure if; 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. r PAGE 3 h • ' • I (c) Insurance. 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 Sn@cificatio s o Public works construction, North Central Texas, as amended, tLe 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 oi 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 Engines)., assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covonants of Owner and Contractor. Owner and Contractor mutually agree as follows: { (a) Performance Bonds: Escrow AareemThat 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 sure::y company authorized to do business in the State of Texas; or, PAGE 4 f i (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 3 { 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 Le used. (b) gavment 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 I a 0 are no unreleased recorded liens filed against the I « Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request o: the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 • i material for, the construction, of the Improvements, and, when requested, written statement from any or f each of such subcontractors or suppliers that they have been paid in full. (c) Retainaae: Final Paymenta. [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 r 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) Encumbrances. That upon completion and approval or acceptant-~ 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 w : • I 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 i Ue 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 by 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 s: • I 3. Occupancy: one Lot Developments. Owner further agrees as I 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 City's 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 2fCij+, 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 3 contract shall be enforc,7ble 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 a .w I I I ii 1 I 1 i { 6. Successor and Assigns. 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 19: I OWNER CONTRACTOR }henry 9Xt Coni~r~~~iCr~ BY: BY; Henry ~i~e. CITY OF D H, TEXAS B C T MANAGER ATTEST: I ER 71TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BV: • 1 rl PAGE 9 0 1133L PROJECT NO. CONTRACT NO. 73 I THE STATE OF TL.AS 9 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 3 OF PERFORMANCE BOND (development Contract-Improvements nn of $SU,OOU or Less) WHEREAS,?f'a ~rMiT61~f.~~r;~Sidc~, fc[r_2 hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, grater and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with tue specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said • property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, ir, order to receive such buildinj; permits Owner may, where the cost to complete the Improvement4 is $50,000 or • I • • less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not less than -he amount necessary to insure completion of said Improvements; f 1 • i j I I i i i i NUW, rhEREFORE, OWNER, City and hereafter called "Escrow Agent", agree as follows; 1. Amount. Owner, as a condition to receiving building; per- mits for property located at l~/ shall deposit the sum Of ( in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the _.Z!_ day of 141 , beLweeu Lite City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Agent, 3. Release of funds, Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for • herein as follows: • • (a) Me City dngineer shall authorize the release all the escrowed funds when all Iml-rovements are PAGE 2 LPmKAL • a i completed and approved in accordance with provisions of the development contract; the determination of whic;i shall be made by the "ity f Engineer whose judgment shall be binding on all p,sties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed ' and approved or accepted by the City in stages, so long as the remaining funds not released are j sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. I 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 16201 OWNER: L A. tog ESCROW AGENT: <,fOG/('~f _ ///101 44114 f -1,4W Xa,)J~ 4. fees. Owner agrees to pay any and all fees or costs • charged by the Escrow Agent in connection with this Agreement. 5. N_onliability of Escrow Agent. The Escrow Agent shall - a have no responsibility except for the safekeeping and delivery • of the amounts deposited in the Escrow Account !.a accordance • • with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in PAGE 3 I • • I I connection with the a,)unts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties her :to and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act end shall not be held liable for refusal to act until the question or dispute is settled, an,, the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in • the matter. 6. Successors and Assigns. This agreement shall. be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue I shall lie in Denton County, Texas. PAVE 4 • • 1 IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this P. day of 19 CITY OF DENTON OWNER BY: , BY ~RMtpf Ctv~~ ~j+y'~..~RQt' r, J ESCROW AGENT BY: i PAGE 5 • . ` ~,'r ~ err _r yin h f j~i.~f 4 iqy r . 1 v i I I I { I 1 ` j 1 l i HENRY RIFE CONSTRUCTION P.O. BOX 2261 DENTON, TX 76202 (81'x) 243-1141 October 13, 1995 Re: 502 W. Oak Sidewalk acid Drive Approaches Dear David, Per our conversation on the above improvments l have arrived at the following pricer lbr the bond amount: A. two drive approaches 300 sq. feet each = 600 sq. feet at $ 8.00 = $1,600.00 B. 230 lineal feet of sidewalk at $8.00 $1.840.00 Total bond amount $3,640.00 If you hav y questions please give me a call. Yle Rife • i r 0 • • 770 • E T 3400 HENRY RIFE CUSTOM HOMES P.O. BUX 22Si PH. 8174471141 DENTON, TEXAS 76202 88-1u41 ills PAY ]R IIIf: DoLLAWL, IIII'ilI11lAM1N111'1l.IUlPRI'A11.114i1 Vp1114~lNRIN1IP 1'003400"' 1:1 1 19 14 74 21: 04 2956 311• ...II. .I„ ne a true and ,Irrecl l;opy of the original (1Atrument '$ILE RE6 ROES ay *,1177 1 I { l ~i • • • tw .~''.f A~t:*t`y^.+.~,. £~7ta4;ri+*'#,c ' t"~. 1 0 ♦ .+►Cll~t~t. CERTIFICATE OF INSURANCE 10123195 NBUlo►n(MMDOrq PI COOKER THIS CERTIFICAYE 19 ISSUED AS A MATI •R Of INFORMATION ONLY AND LAKE DALLAS FAMILY INS AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P 0 BOX 2076 POLICIESBELOWr 4 LAKE DALLAS TX 75065 COMPANIES AFFORDING COVERAGE fl r ' COMPANY A LETTER AMERICAN FIDELITY LETTER COMPANY s INSURED LETTER COMPANY HENRY RIFE LETTER C 2248 STONEGATE COMPANY0 DENTONF TX76205 LETTER COMPANY E LETTER COVERAGES THIS 18 TO CE9TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1NOICATED, NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANYCONTRACT OR DTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLN)IES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TY-B OF INSURANCI POLWY NUMBER POLICY IPFEOTIYE POLICY Ell PIAATWN LIMITS LTA OAtIIMMIDO/YY) DATI(MMMMY) I DENIRAL LIABILITY GWEIIAL AGGREGATE S 6091000 COMMERCIAL GENERAL LIABILI7Y PRODJCTB COMPIOP A00, i CLAIMB MADE OCCUR, PERSONAL S ADV. I!.,OAY i 300,000.,0 X OWNER'S ACONTRACTOWSPROT GLA8812483 10/23/95/96 EACH OCCURRENCE E 300,000. FAE DAMAGE (AAY SAE 148) i 50000. MED. EXPENSE V'w wi ww) 6 5r000. AUTOYOBILl LIABILITY COMBINED SINGLE ANY AUTO LIMIT S ALL OWNED AUTOS 110my HAIURY 1 I SCHEDULED AUTOS (PM w w) I NIREO AUTOS BODILY NAI ORY N0N-0WNED AUTOS (PW At<WPrq) I GARAGE LIABILITY PROPERTY DA UOl i IXCEM LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE i OTHER THAN UMBRELLA FORM WORKERT COMPENSATION STATUTORY LIMITS + 'I AND EACH ACCIDENT I lYi LOYlRS'LIABILIIY DISFAAB-POLICY LIMIT 1 + _ _ DISEASE-EACH EMPLOYEE B OTHER ADDITIONAL INSURED: CITY OF DENTON, 215 E McKINNEY, DENTON, TX 76201 i .I 0!lCMPTION Of OPlRAI IONSILOCATIONSIVEHICLEUSPICIAL ITEMS NEW CONSTRUCTION-502 W OAK, DENTON, TX 76201 CERTIFICATE HOLDER CANCELLATION CITY JF DENTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE ;CANCELLED BEFORE THE 215 E MCKINNEY EXPIRATION DATE THEREOF, THE IBSUINO MMPANY WILL ENDEAVOR TO DENTON, TX 76201 MAIL 3(}._ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FAII.IInF TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIOATION OR UAH ,lF AW - ~U UPON THE COMPANY, ITS AGENTS OR REPAEBENTATIVES. .I„, REPREaIH+ B ACCORD 76•B (7fB0) / / -CACORD CQRPORATION I Sit • i I ^ E -T 4 AV ZL j . i n ik i V I I • ~ ~r.... r~5 , r,', `Mtrf '~r~~ t q ~ 4 ~ ep ..t a °I;