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12-1977
1977 B L A C K & V E A T C H TEL. f 9131 967.2000 CONSULTING ENGINEERS TELFx 42-6263 1500 MEADOW LAKE PARKWAY MIILINO ADD4[9!f. KO VoI Nn 0405 KANSAS CITY, MISSOURI 04114 CONTRACT FOR ENCINEERING SERVICES 7r THIS CONTRACT, made and executed in duplicate this e C' day ofllC`CE7p1r,4-A 1977, by and between T14E ;ITY OF DENTON, TEXAS, hereinafter called "the City", with principal offices at Municipal Building, Denton, Texas, and BLACK 6 VEATCH, CONSULTING ENGINEERS, hereinafter called "Engineer", with principal offices at Kansas City, Missouri. WITNESSET;,; WHEREAS, the City requirec aagineering services required to obtain performance data on the steam electric generating Units 3, 4, and 5, develop heat rate turves, and review the performance of the major components hereinafter called the Project. WHEREAS, Engineer desires to do so for the compensation and in accordance with the terms and conditions set forth herein; NOW, THEREFORE, the parties hereto agree as follows. ARTICLE I - SERVICES TO BE PERFORMED BY ENGINEER The Services to be performed shall include all Services required for the Project as generally described in ATTACHMENT I, a part hereof. ARTICLE II - PAYMENT FOR SERVICES The City agrees to pay the Engineer as full compensation for the Services outlined in accordance with the following: For the Services outlined in ATTACHMENT to the City agrees to pay the Engineer an amount equal to the sum of the following: 1. Payroll costs incurred by the Engineer. 2. General office undistributed costs equal in amount to 100 per cent of the payroll costs. 3. An amount for expenses incurred and paid by the Engineer directly chargeabl( to the Project, equal in amount to the actual out-of-pocket coats thereof. Such expensee shall include: a. Long distance telephone expense b. Prints and reproductions c. Reasonable traveling and living expenses d. Other expenses directly chargeable to the Project 120577 ammmmi n7NIACK B VEATCH The amount to be paid the Engineer for the services outlined in ATTACHMENT I will not exceed the amount of Sixteen Thousand Dollars ($16,000). ARTICLE III - TO BE FURNISHED BY THE CITY ' The City will provide the following. A. All documentation, technical data, and 1nformntion on file of the units to be tested. B. Provide services of third party consultants as may be required for instru- ment calibration, equipment representation, etc. C. Furnish personnel as required to record test run data during the actual testing operations. ARTICLE IV - TERMINATION In the event any part of the Project is terminated er deferr,2d, the Cicy shall have the right at its option to terminzte this contract with respect to such portion. Upon such termination, the City shall pay the Engineer for all work performed by the Engineer as of the effective date of such termination in accordance with the provisions of ARTICLE II. ARTICLE V - OWNERSHIP OF DOCUMENTS A copy of all documents generated by the Engineer in performing the Services shall be the property of the City. The Engineer shall provide to the City, as requested, pertinent documents upon completion of the Project, except that Engineer may retain copies of 'such documents as a record and as instru- ments of service. ARTICLE VI - INSURANCE Engineer shall comply with all applicable Workmen's Compensation and Employer's Liability laws. At all times during the continuance of this contract, Engineer will obtain and maintain in effect contractual liability, public liability and property damage insurance applicable to its operations here,ir.3er, with limits of liability of not less than $1,030,000 single limit for ill coverage required herein. buca insurance shall also cover the operation of Engineer's vehicles used in the performance of Services hereunder. CITY OF DENT•ON, TEXAS By ti` oJ" BLACK 6 VEATCis, CONSULTING ENGINEERS 120577 B -h/ Robert M. Ellis Partner A C K @ V E A T C H t ATTACHMENT I TO CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND BLACK 6 VEATCH SCOPE OF PROJECT A performance report will be performed by the Engineers and presented to the Director of Utilities, Denton, Texas following authorization to proceed. The performance report will encompass Units 3, 4, and 5 at the Municipal Generating Station. The engineering services contemplated consist of the following. 1. Perform a test on each unit while burning natural gas at approximately rated load to determine not only the overall input/output net performance of each unit, but also the performance of each major component including the turbine, condenser, extraction heaters, boiler feed pumps, boiler, and air heater. Test runs shall be of one hour duration under stable load conditions with data recorded every 415 minutes. 2. Perform tests on each unit while burnir_g natural gas at not less than four load points (approximately 25, 50, 75, and 100 per cent) and develop net unit heat rate curves for each unit. Sufficient data shall be recorded during tests to provide a basis for applying correction factors to test results for effect of possible variables such as condenser vacuum, ambient air temperature, turbine throttle initial pressure and temperature, and combustion gas outlet temperature. 3. Perform tests on each unit, while burning fuel oil at two load points (approximately 7. and 100 per cent) and develop net heat rate curves for each unit similar to Item 2 above. 4. Fisrnish bound copies of a test report which shall Include a record of data collected as well as test results including heat balance diagrams and net heat rate curves for each unit. 5. Tests shall be conducted using existing plant instrumentation, The City shall insie.ct, test, repair or replace as required, and calibrate all instruments necessary to conduct the tests prior to starting the test program. 6. Furnish supervisory personnel to plan and supervise the test program. 120577 r. b~ ~i` ~t,> F y r~ .1 f P u'. ~ .4 i i 1 ~ ~ _ 4 - ~ ~ ~ ~ .1 ,q:. M ~ i 1 ,~k- ~ , i y-. Y r'.t~ ~ ~ ' i 0 ~ Z ~ t f 204-Q111T, CLAIM G6CD . V11 _BinsL' Julul iud {Yife-s sryrnl&_Ac1w.t.d¢nun4.__.._.., ~-iz •-HAn]'[~I stalloaery Oo.; dJlu ~ TIIL STATE Or TEXAS, VOL 869 IAl,f 726 KNOW ALL AII.N BY THESE PRESENTS: COUNTY OIL' DENTON EED RECORDS That THE CITY OF DENTON* TIOXAS, A MUNICIPAL CORPORATION 7 of the County of Denton And State of Texas , for and In conslderstion of the sum of Ten & No/100 ($10.00) DOLLARS, i to it in hand paid by Jessie Stafford and D. L, Brittian I 09 of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, dn, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER I QUIT CLABI unto the said Jessie Stafford and D. L, Prittian ,l their hairs and assigns, all its nght title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, ' to-wit: All that certain lot, tract or parcel of land lying and bring situated in the City & County of Denton, State of Texas, and also being part of Lot Nos, 7 and 8, Block E of the South Park Addition, Fifth Section an additio to the City & County of Denton as recorded in Volume 10, Page 21 of the f Plat Records of Denton County, Texas, and being more particularly describe aet follows: BEItIG the north 16.0 feet of said Lots 7 and 8 and being 319.35 feet in length and containing 5,109,60 square feet of land, more or less. IT IS THE INTENT OF THIS DOCUMENT TO ABANDON a 16.0 foot easement conveyed from V, R, Clearman,to the City cf Denton by document dated March 18, 1974 land recorded in Volume 700, Page 4 of the Deed Records of Denton County, Texas, However, this document shall in no way affect the easements con- veyed from V. R. Clearman to the City of Denton by document dated January 17, 1977 and recorded in Volume 819, Page 804 of the Deed Records of Denton County, Texas, and conveyed from Grant Jacobson, Trustee to the City of Denton by document dated January 7, 1977 and recorded in Volume 819, Page 806 of the Deed Records of Denton County, Texas, TO HAVE AND TO HOLD the said premises, together with all and singular the rights, prlvi• leges and appurtenances thereto In any manner belonging unto the said Jessie Stafford ~ and 6, L. Brittian, their heirs and assigns, forever, so that nelther the said City of Denton, Texas, its successors aeon Jwho, nor any person or person.; 40alming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, oi any part there- i WTTNES$ 'my hand at Denton, Texas this Eth 1 day of December, A. D.19 77 +,llnessea at,quest of Qrnntor: CITY OF DENT..ON.j TEXAS - AT~'i`H s DY: I^ INOR --HUGi15 o f 1YOR ROOKS }10i,T~ CITY SECRETARY b L.i... . . i w. _ .:N ...I..Y/. IW ♦.tl --iA/-Y.xJ..-. Y.IY. J.I'yU i A1.li.C.'LJ. Y'--.w•' ~ C..L.... L I..I.4..i iL6Yir~'.1\_i.Y.26~..YY.Y•1•.4J.•._dl.Lif.YY.L[4J'llat Y.iii..Z Y'.11 .~1-tlY i. SING1.1, A('i{NOWLEDG,MENT THE, SLUE' OIL' TI;XAs, I COUNTY or DENT% f BF:F'OItFI MY, the undersigned authority, In and for s.ddCounty, 'rex:,4,on this day personullyappaard, M4nor,,,Hughes,e„MdYOr•„O,f,,tt1©,City, of Denton, To*ars-1`11114, _ P iioeY known tomntobe no~/ 1,Iir.,'iu iS sub.seribed to the foregoing Instrument, and acknowledged to me that o the foregoing Instrument, and acknowledged to me that She exrrut6i tltr :,nu f, r the (lurpttes and consideration therein expressed. ,:.IVEN U t], Q hl k F A ~1! DIAL OF OFFICI:,'rhis 27th da of Ce %cr A.D. 9 7.7 . •~.,?7y''...,,,,.+r~~e•' Notary Public _.....Dentort County, Texas ~"%,1~4rrrmii0F D60) •a°• My Commission Esplres June3p 19.,78.,.. ~ JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. . . In and for sold County. Texas, on this day personally appeared and ih known to me to be the persons whose names c:e subscribed - • .....•..•.•"l C1 s wif e, ba ed to the foregrlny Instrument, and d acknowledged to me that they each executed the same for the purposes and conslderatlon therein expressed, and the said. wife of the Bald. ..,....._..........having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . she drrlared that she h ad w illin~'ysl acknowledged such instrument to be her act and deed and I gnod thesame :or, the purposes and consideration therein expressed, and that she did not wish to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This .......................day o'...................................., A.D. 10..........,. (L.S.) Notary Public . .............,.........,....................,,........County, Texas My Commission Expires June 1, 19............ WIFE'S SEPARATE ACKNOWLEDGMENT THE COUNTY OF STATE ~ OF TEXAS,...,.... BEFORE ME, the ondersl;fned authority, in and for said County, Texas, on t> s day personally appeared known to me to be the person whose name is subscribed to the foregoing Instrument, and 112ving'been examined by mo privily and apart from her husband, and having the some fully explained to her, she, the said . acknowledged such Instrument to be her .:c: and deed, and she declared that she had willingly signed the name for the purposes and consideration therein expressed, and that the did not wish to rptrnct it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This..............,..... day of A.D. 19.........• . Notary Public . County, Texas My Comes June 1, t 4 r K, Dtnton Cour,, , Texas CLERKS CERTIE•IG evhfy that This In:bument was Gt.d on THE STATE OE TEXASt date and time stamped hereon Fy was isrdon th1 7t -1 County Mdrd in tho-VV-a'iid, pct # of the naTtd ,srords COUNTY OF.. i 01 Denton Coun in ty Ttras s rt,n Clerk of the County Court of said County, do hereby certify that the foregoing instrumeWAmiki-ng doted of the day of,_ A. D. 19... , with Its CCOAQute4f 49ftntleptlon, was filed for record in my office on the.. day of........................ • q e 19......, , at........... o'clock M., and duly recmvled this day of..... 9. j 01CIO.Cli; M., An the . Records of or q ouT, In Vo~ulece A. 4"&* Ce• WITNESS MY HAND AND SEAL OF THE COUNTY COURT of Co~}j litIn CIER _ 4 Dentoa 't"dOAe the day and fear last abo•rc written. County Clerk County, Texas. (L 9.) By................ ..............kk............ , Deputy. 11 .Ai ~ I~ g la pC i A f o 94 I no A , e y~ ft I. I 'Ie von 88 J?Z wrr• • •ItFL.r~Mrh r r i S N THE STATE OF TEXAS' KNOW ALL MEN I3Y THESE PRESENTS: I COUNTY OF DENTON DEED RECORDS I THAT RONNIE RAY f of Denton County, Texas , Li consideration of the sum of I One Dollar ($1,00)----------------------- and other good aad valuable consideration in hand paid by the City of i !nton, Texas receipt of which is hereby acknowledged, do by I these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free j and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, 143 I` owned by him , Situated in Denton County, Texas, in the III R, Beaumont Survey, Abstract No. 31 it All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No, 31 and being part of Lot No, 1, of the Scott Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from John W. Scott, et al to ii Ronnie Ray by deed dated August 29, 1977 and recorded in Volume 851, Page 416 of the Deed Records Df Denton County, Texas, and more particu- larly described as follows: BEING the south 16 feet of said Lot 1 and being 150 feet in length and I containing 2400 square feet of land, more or less, ;I { And it is further agreed that the said City of Denton, Texas , In considera ;ion of the benefits above set )ut, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property, For tae purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its age,its, employees, workmen and representatives having ingress, egress, and regress in, along upon and oir ss said premises for the purpose of making additions to, Improvements on and repairs to the Bald public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises al,ove described. Witness my hand , this the day of 3 o Decom Wr ;?A'L. D. 1977 RONNI RAY. r v 877,',9. $70 /n SINGLE ACKNOWLEDGMENT YDl A99 THE STATE OF TEXAS ~ e ~ BEFORE DIE, file undersigned autho'rs'.y, COUNTY OF.. I)TOi-,~iett(ty.. I In and for saM rnty, Texas, on this day personally appeared . - RONNIE _RAY know 4p, the person whose name i S subscribe) to the foregoing Instrument, and acknowledged to me that he ,'Ceerutc,l the sama for the purposes and consideration/1~errem expressed. CIV EN•,qNDEIt M r' HAND AND SEAL OF OFFICE, TbiiA /goo of KI&D bex A.D. 19 77 a6a g, Notary I'uh Coun ty, Texas My Commission Expires J44e-Ir-t't.'72oc-', -16, /vy? JOINT ACKNOIVLF,DGJIENT THE STATE OF TEXAS, I BEFORE M'3, the undersigned authority, COUNTY OF f In and for said County, Texas, on this day personally appeared_-.._._._....._.._.......... and.. . . _ . his wife, both'knev. (o me to be the persons whose names are subscribed to the foregoing Instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said. , wife of ihi said _ having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ . acknowledged such instrument to be her act and deed end she declared that she had willingly signed the some for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of_...__.. A.D. 19.__.. (L.S.) Notary Public, -...._...._......._..._.County, Texas My Commissien Expires Jvne 1, 19__ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OV TEXAS, BEFORE ME, the undersigned authority, COUN4'Y OF _ } In and for said Count:r, Texas, on this day personally appeared _ 11 _ wife of 4 known to me to be the person whose n: me Is subscribed to the foregolvS Instrument, and having been exsmir^d by me pr(vlly and apart from her husband, and having the some fully explained to her, she, the said, acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the same for Vie parposea and consideration therein expressed, and that she did not wish to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Tnia ............................day of.................................., A.D. ' . (L.R.) Notary Public, .-County, Texas My Commission Expires June 1, 19 CLERK'S WATIFICATE THE STATE OF TEXAS, 1 . County COUNTY OF.....- I Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the . ...............n a , A. D. 10-_ with its Certificate of Authendcntion, was flied for day Cin , A. D. 19 . _ , at_. O'clock., M., and duly record In my oftic In . . A. D, 19 , at_ o'clock M., In the recorded this of . 4 ....Records of said County, In Volume , on pages WITNES13 HAS AN Z Ef COUNTY COURT of said County, at office In g..A. _C. the day and year last above written. ?-i 'tt 8 I l ~ County Clerk _ _ f,ou ity, Texas. (L, lb ( en 71 3 By......_ Deputy. A A A to cop) iy. i ~ ~ ~ I r~ Yvw 1 I . a At EBT K-148 I THE STATE OF TEXAS, HNOW ALL MEN BY THESE PRESENTS: E COUNTY OF MMV ' ED RECORDS i THAT Equitable Savings Association successor to American Savings Association i j of Tarrant. County, Texas , in consideration of the sum of One Dollar ($1.0~) and other good e.,d valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by { ` these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free i and uninterrupted use, liberty and privilego of .he passage in, along, upon and across the following i described property, ~C1 owned by it . Situated in Denton County, Texas, in the i J. McGowan Survey, Abstract No. 797 I All that certain ).ot, tract or parcel of land lying and being situated in the City :cod County of Denton, State of Texas, and being part of the J. McGovan Survey, Abstract No. 797, and being part of Lot No. 12, Block 23 of tie Southridge Addition Replat, an adds- tioal to the City and County of Denton, and also being part of a tract of land as w::- veyed from Southridge Associates to American Savings Association by deed dated March 15, 1973, and recorded in Volume 6680 Page 367 of the Deed Fecords of Denton County, Texas, and more particularly described as follows: BEING the north 5 feet of said Lot and being 107.8 feet in length and containing 539 ~ square feet cf land, more or less. And it is further ! vreed that the said City of Denton, Texas , In consideration of tho benefits above set out, will remove frare the property above described, such fences, bu"'Ings and other obstructions as may now be founJ upon said property. For the purpose of oonstrvctiM, installing, repairing and perpetually maintaining public utiliti::s in, along, upon and xc:oss said premiaca, with the right and privilege At all times of the grantee herein, his or its agents, Employees; workmen and representatives having ingress, egress, and regress in, along upon and across said premises foe the purpose of making additions to, improvements on and repairs toothe 'said public utlitip.a i any part ereo . TO HAVE AND TO HOLD unto the sari City of Denton, Texas as aforesaid for the purpaiep ~~+o1c !►{a the premises above described. W{ as End' , this the 21 e t day of December , A. D. 19 77 . • ti rS ♦ i. ATT C-ti i EQ E SA VIM A OCLATION y'►~ J 1Udon Lary Ro art D. Nelson, Aes't. Virg President 1 V 1t r 1 OLAX YAUj*, SINGLE ACKNOWLEDGMENT VOL 870 mE 710 THE STATE OF TEXAS, BEFORE AIE, the undersigned authority, COUNTY OF -Tarrant In and for said County, Texas, on this day personally appeared Robert D. Nelson A99't 'Dice President Savings Associatio.n._._ _ and officer known to fas tq be the poison whose name iS subscribed to the foregoing instrument, and acknowledged to me that he Aecuted the same for the purposes unit considersCon therein expressed. OSfCtit~'F`~'//U%DElt MY HAND AND SEAL OF OFFICE, This tat ay PQceNoe 77 Notary Public, "r County, Texas j c t 4 ` Ply Commission Expires June 1, 1b 79 - ^ JOINT ACKNOWLEDGMENT *A.`XHE STATI~f'bF TEXAS. t BEFORE ME, the undersigned authority, ie&6 fpYtd,Cu unty,.Texas, on this day personally appeared _ and . - - . . his wife, both known tome to be the persons whose names are subscribed to the forogoing Instru,. ent, and acknowledge] to me that they each executed the same for the purposes and consideration therein expressed, and the said _ _ , wife of the said . _ . --having been examined by me privily and apart from h-r husband, and having t've same fully eyplained to her, she, the said.. acknowledged such instrument to be her act and dead and she declared that she had willingly signed the same for the I irposes and consideration therein expressed, and ttat she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This - Pay of..._-, A.D. 19........ (L.S.) _ Notary Public, _.._......_-.-__.._-...-.-..County, Texas My Ceiomission Expires June 1, 19__.... WIFE'S SEPARATE ACKNOW EDdKIENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County. Texas, on this day personally appeared _ . , wife of . known to me' to be the per eon whose nnme Is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, ni.d having the enme fully explained to her, she, the said acknowledged such Instrument to be her act and deed, and she declared that she had willingly siv.icd the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,T'hls ............................day of.................................. , A.D. 19...._..... (L,S.) . , Notsry Public . ..........................................................County, Texas My Commission Expires June 1, 19............ CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF Clerk of the County Cour a CotntyALl hereby #rtify that the foregoing Instrument of writing dated on the day of_......... + 4 D. 19...._ with its Certiftcate of Authenticatfon, was filed for e . Q record in my office on th,.. W"s y of . . A. D. 19.. ato'clock M., and duly recorded this .........y ~ ~ ~ _ A. D. 19 , at o'clock M., in the 4t.. ecorda of said County, In Volume.............. , on pages............... . TY COURT of said County, at office in..... ' WITNESS MY HA +AN,EA FIf 14 » r .7►...........?A r..S. , h f y and year last above written. y a p I to ,j County Clerk.. ....................................County, Texas. (L S) afl f tl S) By Deputy. T f ^ VVVCCC ~y !l~,i ; x;19 . ,'r ,1'l;If1 8 I I~ >r \ e W M A ; ~j p p 0 04 C. ! I E x.... E 4-1~ Pill co 869 7 1 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON nFF tl R f~ i THAT MURRAY MORTGAGE INVEST ,D2 Massachusetts Business Trust, of ;tuXimX06MOOMAU , In consideration of the sum of 1 One Dollar ($1.00)----------------------- and other good and valuable consideration ; j j in hand paid by t hp C i t y o f Den t on , T,e x a s receipt of which Is hereby acknowledged, do by l these presents grant, bargain, sell and convey unto to t he C 1 t y o f Den t on , T e x a s, the free and uninterrupted use, liberty and privilege of the passage in, along, upon tr? across the following described property, 323 1J owned by i t . Situated in Denton County, Texas, In the N. H. Meisenheimer Survey, Abstract No. 811 6 268 & J. Carter All that certain lot, tract or parcel of land lying and being situated in the C:.y and County of Denton, State of Texas, and being part of the N. H. Maisenheimer mud J. Carter] j Survey, Abstract No. 811 and 268, and being part of Block 3 of the Heritage Oaks Addi- I j tion, an addition to the City and County of Denton, and also being part of a tract of j land as conveyed from H. C. Amos, Jr., et al to Murray Mortgage Investors by deed dated October 4, 1977 and recorded in Volume 857, Page 658 of the Deed Records of Denton j County, Texas, and more particularly described as follows: ICI BEGINNING at the northeast corner of said tract, same being the intersection of the south right of way line of Coronado Drive with the west boundary line of Bell Avenue; THENCE south 1° 10' 30" west with the east boundary line of said tract, same being the west right of way line of Bell Avenue a distance of 129.7 feet to the southeast corner of said tract; THENCE north 88° 16' west with the south boundary line, said tract a distance of 16 j teet to a point for a corner; I( THENCE north 1° 10' 30" east 16 feet west of and parallel to the east boundary line of said tract a distance of 129.54 feet to a point for a corner in the north boundary line of said tract, same being the south right of way line of Coronado Drive; THENCE south 880 49' 30" east along the north boundary line of said tract a distance of 16 feet to the place of beginning and containing 2073.92 square feet of land, more or less. And It is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will rem*)ve from the property above described, such fences,, buildings and other obstructions as may now be found upon said property. a ~ For the purpose of constructing, installing, repairing and perpetually main- twining public utilities in, along, upon and across said premises, with the right and privilege ut all times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon ap"cross said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part 4her&f, TO NAVE AND TO HOLD unto the said City of Denton, Texan as aforesaid for --the purposes aforesaid the premises above described. Witness our hand , this the 29th day of December , A. D. 19 7 _ MURBAY L1i4R1' ,5AO.E~ IiVES T-1 x~ f~cec Vic Pres'd nt ssistant Secretary RJf9(1;AJF)H(l( SINGLE ACKNOWLEDGMENT THE STATF: OF TEXAS, EFOI ~E ME, the u graigrxd authority, COUNTY OF HXXKXX Oallas Richard H. S~iaw, Executive Vice President in and for said County, Texas, on this day personally appeared _ -_.___L`__ 0f.-Xuxray .Mortgage Investors,-a_.1•lassachusetts busi.ness_-trust, an o officer known to me to IT the person / whose name is subse bed to the foregoing instrument, and acknowledged to ma that he, executed th s same for the purprsos and cl,r, de ration therein exp sse 1 UivltL\'4J,V[tF:R lY HAND AND SERI. OF OFF F.,s 29t ofd Dec mber.. , A.D. 19 77 (LSa, t h ' C?lr~(~.✓..-Mer.le L. Fowler Nota Public, ~6KKKK DalIaSCounty, Texas = % Dly Commission Expires J(d4 UXXYNXX 9-30-78 4 t i JOINT r! CKNOWLEDGMENT ?viE. STATE.-OF TEXAS, %•6 BEFORE ME, the undersigned authority, in;a 47W)spid''County, Texas, on this day personally appcared--------------------------------- - - and his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me thsr.they each executed the same for the purposes and consideration therein expressed, and the said. _ wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said, _ acknowledged such instrument to he her act and deed and she declared that she ':nd willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retr,et it. GIVEN UNDER MY HAND AND SEAL OF 011FICE, This day A.D. 19..._.. (L.S.) Notary Public, - ..-.____i!-County, Texas My Commission Expires June 1, 19_ NYIF'E'S SEPARATE ACKNOWLEDGMENT THE STATE 01+ TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared i . I I 11 "Ill 11 "1 11 1 1 11 "1 "1 wife of known to me to be the person whose name is subscribed to the fo oing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act sad deed, and she declared that she had eillingly signed the sam9 for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SERI OF OFFICE,This............................ day of A.D. 19.._....... (L.9.) . Notary Public . ..........................................................County, Texas My Commission Expires June 1, 19............ CLERK'S CERTIFI toss CO" OF 11ENTOt1 THE STATE OF TEXAS, COM r CLERK, Donlon CauMy,, dr,a . _ County .ate And time sta rlp Th he, tr'~rn. nl was }filed on the COUNTY OF _ date and time atamfed heron b mt~, ; Clerk of the County Court of said County, do hereby certify that cftdfbsWgakpg,-,ErlgWjon jlr ,iM14f tMdated on the _ day of.............................................................. , A. D. 19..... e,tv Wlff'l"M!NAN 1d(-,A 4beaddWk, was filed for record In my office on the_ day of._......... , A. D. 19... JAW - e,...100ck_ M., and duly recorded this .............day of....._ . D. 19.,.....,, at_...,... o'clock. M., ' in the n ...................._..................._..................................Records of as o n In ume.......f , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT 1~ 9~ n y' ieN 0-.~ ~ a the day and year las a written., U COtIHEY CUAK..........6ouay, tease County Clerk County, Texas. ~i (L, 9.) $y , Deputy. c • a i to a ~ ~ ~ N p~ o II~ ttt Cc3 J', F o t }3i7',tj. ; j AN* 14W. S_~~ NIX C111 yy ~ 4 E3 ~ I . t/a J h~~ V B Q 0 0 C O N j I S ~ I A '7 M CC G~ rip d~ fol. n ~D ~ 7 I G 7 ~ ~°N ] 'tea d ~ N (9 M 1 n 'n A !p ~N y I ~ ti O It C p, FD7. I I 0 .Uy. ~?a.~ A'~' inp ° ~ "M Pi o' C. n. O , n C I w g n m cr FD f M A a• r✓ m o , Z v n m E rD d IL i r G fry w IyIpp H x y' ' 0 O 1f.I~I 3n'3 A'X IOC 1 > r, C iiibbb C.r \N 1I~ r o n r? k rn w T Y 1 a 0 " 7 O, ep I O Y Cl D ` J v m1 u n mr T~,j Vl N to i l~n i N A m G °o co 'v c. ~o ~ o v O in ,I n eD z y 3 Ec,' K 7 % oo 0 CL N ~ ' ~ ~ 9 S s r T y- j % 5 5 ~ T o ~rTI i S ~ T 9 L. f C G 1.a J T n M ~ .ry f O v ~ F.1 IY 3[111 6 ^ I 1 '11 1 +T. 'G Ce O ~ 0 pr.~ + co c) m t~c n z w co rncv O M m O n P f± r ~ ~ y ~ , 1 a 3 P2 ~ T, U E ' x + t k7 ' m • yZ o z> Q / f f ^ ~pC1 !mil C 'j~ ~ ? ~ If -Fpn it F fk 3 n O C 3 G ~Zz 0 J Y N0; av .I I ~ ~ ~ ~ 1 1 \ r 1f ~ 1 L! ~1 I ' ` ~ ~ ~ 1 1 r ~ ~ } ~ s C ~ r ~ ~ i TEXAS AERONAUTICS COMMISSION GRANT AGREEMENT Part 1 - Offer Date of Offer: December 1, 1977 TAC Project No: 783-06 TO: City of Denton (Herein referred to as the "Sponsor") FROM: The State of Texas, acting through the Texas Aeronautics Commission (Herein referred to as the "Commission") WHEREAS, the Sponsor has suh,nitted to the Commission an application for grant dated November 15, 1977 , for a project for development of the Denton Munic_i al _ Airport, together with plans and specifications for su:h project which application for grant as approved the Commission is here incorporated and ma~de~a part of this Qrant re erence so as to have the same effect as though repeated ere in; and WHEREAS, the Sponsor certifies that it has available in cash and/or in other acceptable form the resources for the undertaking and suc- cessful completion of this project; and WHEREAS, the Commission has approved a project for development of the Airport (herein called the "project") consisting of the following described airport development: Relocate F.M. 1515, including incidental drainage and fen ing; Clearing; adjust, mark and light power lines; Extend runway 17/35 (from 4150' x 150' to 5000' x 140'), Including glide slope grading; Construct and mark parallel taxiway extension; Install Medium Intensity runway lighting (50001); Relocate north VASI It and convert to VAST IV; Install lighted wind cone and segmented circle; Precision mark runway 17/35 YOUR COPY TAC FORM 400-6 (Rev. 11/761 Page 1 of 6 NOW THEREFORE, pirsuant to and for the purpose of carrying out the provisions of the Texas Aeronautics Commission Act as amended, and in consideration of (a) the Sponsor's adoption and ratification of the conditions comprising this Offer as hereinafter provided, and (b) the benefits to accrue to the State of Texas and the public from the ac- complishment of the project and the operation and maiitenance of the Airport as herein provided, THE TEXAS AERONAUTICS COMMISSION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as the State of Texas' share of the allowable costs incurred in accom- plishing the project, 50 per centum of all allowable costs, or the maximum obligation of the State payable under this Offer, whichever is the lesser. This Offer is made on and subject to the following terms and conditions: 1. The period of this agreement shall be twenty (20) years from the date of Sponsor's acceptance. 2. The maximum obligation of the State of Texas payable under this Offer shall be 3. The Sponsor shall: a. Begin construction on or before December 1. 1977_--_. Failure to do so will constitute ,just cause for termination of the obligations of the State of Texas hereunder by the Commission, unless at the Sponsor's request, the Commission grants additional time in writing. b. Carry out and complete the project without undue delay and in accordance with the plans and specifi- cations which are incorporated herein. The Commission has the opti)n to withhold the payment of any State funds unless the -lans and specifications have been completed and approved by the Commission. c. Make every reasonable attempt to complete the project on or before August 1, 1978 4. The allowable costs of the project shall not include any costs determined by the Commission to be ineligible for consideration as to allowability. 5. Grant payments to the Sponsor may be authorized upon appli- cation to the agency. Payments of the State of Texas' share of the allowable project costs will be made in proportion to the amount of the project satisfactorily completed at t,e time of the payment application. No more than ninety (90) percent of the total grant will be paid prior to the completion of the project. The remaining ten (10) percent will be paid only after the staff has inspected and approved the completed project. TAC FORM 400-6 (Rev. 11/76) Page 2 of 6 i 6. The airport or navigational facility shall remain under Sponsor's control during the period of this agreement. 7. The airport or navigational facility shall be maintained by Sponsor in a safe and serviceable condition during the period of this agreement. 8. Consistent with safety and security requirements, Sponsor shall make the airport or air navigational facility available to all users and shall provide adequate public access during the period of this agreement. 4. Sponsor shall not grant or permit anyone to exercise an exclusive right for the conduct of any aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to, scheduled airline flights; charter flights; flight instruction; aircraft sales, rental and repair; and aerial application. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting, and navigational aids. 10. Land identified in Sponsor's grant application and attorney's certificate of title shall be pledged to airport use and shall not be removed from such use without prior written approval of the Commission. 11. Sponsor, if requested by the agency, shall submit to the agency annual statements of airport or air navigational facility revenues and expenses. 12. All fees collected for use of an airport or navigational facility constructed with funds granted under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility. 13. All development of an airport constructed with program funds shall be consistent with the airport layout plan approved by the staff and maintained by Sponsor. A reproducible copy of such plan, and all subsequent mod- ifications thereto, shall be filed with the agency foe approval by the staff. 14. When airport lighting is part of 3 project, Sponsor shall operate such lighting from sunset to sunrise following completion of the project. 15. Insofar as reasonable and within its power, Sponsor shall, either by acquisit ion and retention of easements or other interests in or rights to the use of land or airspace, or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or in immediate vicinity of the airport to activities compatible with normal airport operations. TIX FORM 400-6 (Rev. 11/76) Page 3 of 6 16. The agency shall not be a party to any contract or com- mitment which Sponsor may enter into or assume in carrying out the project. 17. The Commissior reserves the right to amend or withdraw this Offer at any time prior to acceptance by Sponsor. The acceptance period cannot be greater than 60 days after issuance unless extended in writing by the Commission. SPECIAL CONDITIONS: 18. Bone BREACH Of primary importance to the Commission is compliance with the terms and conditions of this agreement. If, however, after all reasonable attempts to require compliance have failed, the Commission finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this agreement,or the application incorporated herein, the Commission mty, in its discretion, (1) require a pro rata refund of money granted herein, depending upon the time of breach, (2) deny Sponsor's future requests for state aid, or (3) advise the Attorney General to bring suit seeking reimbursement of amount paid to Sponsor by the State, pursuant to the Grant Agreement. The Sponsor's acceptance of this Offer and ratification and adoptt,i_on of application for grant incorporated herein shall-be evidenced by execution o this nstr1imentt by the ponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, con- stituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities develo ed under the project, but in any event not to exceed twenty (20~ years from the date of said acceptance. TAC FORM 400-6 (Rev. 11/7:j page 4 Of 6 STATE OF TEXAS TEXAS AERONAUTICS COMMISSION Char es Murphy,/Oire r Part II - Acceptance The City of Denton does hereby ratify and adopt all state- I ments, representations, warranties, covenants and agreements con- stituting the described project and incorporated materials referred to in the foregoing Offer, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions ther f. Executed this day of 19 (Seal} _ Cit l of Denton Sponsor Attest: By: Title: Title: _ TAC FORM 400.6 (Rev. 11/76) Page 5 of 6 Part III - Certificate of Attorney ~Sw/_ acting as attorney for "Y- Tex i s, do hereby certify that I have fully examined the -'oregoing Grant Agreement )nd the proceedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant Agreement by said Sponsor, is in accordance with the laws of the State of Texas. Dated at - E41VW Texas, this c5ZO 'W' day of _'C' V'.Wwle , 19-77. (Seal) Attest: y, Title: J` Title: G~~11ift; Akow • TAC FORM 400.6 (Rev. 11176) Page 6 of 6 i 9A zz~ t' ^ c~~ Y I THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That this agreement entered into on this 31st day of December, 1977, between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City" and Woody Taliaferro, hereinafter referred to as "Taliaferro", WITNESSETH: WHEREAS, Taliaferro has worked as an employee for the City of Denton handling the right-of-way work, and will retire on December 31, 1977, ana WHEREAS, the City will continue to require the services of z person to handle acquisition of right-of-way; NOW; THEREFORE, PREMISES CONSIDERED THE PARTIES AGREE AS FOLLOWS: 1. The City hires Taliaferro as an independent contractor to perform the right-of-way functions of the City as assigned to him. Taliaferro will report to the City attorney and the City Attorney will coordinate the acquisition of right-of-way, and assign the work to Taliaferro. 2. Taliaferro will work a minimum of 80 hours per month, such minimum to be determined on a monthly average of work per- formed over a period of a year, and .L log of the working time will be kept and submitted to the city Attorney. There will be a set time when Taliaferro will be present at the Municipal Building to handle paper work and consult with the City Attorney or other administrative or council personnel. 3. Taliaferro will furbish his own transportation in per- forming these duties and will carry a minimum of $100,000/300,000 liability insurance and $25,000 property damage insurance, 4, The City will pay to Taliaferro the sum of $450 per month of which $300 per month will bo for services rendered and $150 per month will be expense reimbursement including trans- portation, Y ~1 ' • I 1 S. Either party may terminate this agreement with thirty days written notice to the other party, CITY ENTO S i BY c. 1 AGREEMENT - PAGF TWO r r r, c . THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT JAMES G. HENDERSON, DEWEY SHANNON & BILLY L. BROWN €I of Denton County, Texas DEED RECO" consideration of the sum of E One Dollar ($1.00)---------------------- and other good and valuable consideration in hand paid by the City of Denton, Texas reeeip. of which is hereby acknowledged, do by I I these presents grant, bara_nin, sell and convey unto to the City of Denton, Texas , the free I{ and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following i described property, :89 owned by them . Situated in Denton County, Texas, in the I ~ R. Beaumont Survey, Abstract No. 31 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No. 31 and being part of Lot No. 2 of the Scott Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from John W. Scott, Jr., et al to James G. Henderson, et al by deed dated August 29, 1977 and recorded in Volume 851, Page 423 of the Deed Records of Denton County, Texas, and moro particularly described as follows: BEING the south 16 l,set of said Lot 2 and being 189 feet in length and containing 3008 sgvAre feet of land, more or less, I I~ ~ i And it is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above descrt$ed, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the Sold public uttlitileso or any part thereof. TO HAVE AND 10 HOLD unto the Said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. b Witness our hand , this the day of December , A. 1077. ) • ROWN SINGLE ACKNOWLEDGMENT VOL 873 MA 890 THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF. DENTON JAMES G HENDERSON DEWEY SHANNON in and for said County, Texas, on this day personally appeared ..............__....._.._...r____...._.._-.......___ SHANNON & SILLY L, BROWN known to me to be the ktson S whose name S are subscribed to the foregoing instrument, and sel nowledged to me that th'e y executed tits adore fur the purposes and consideration therein expressed. GIVEN UNDER ~jY ltAND AND SEAL OF OFFICE, This day~,f De amber- A.D. 19 77 Notary Public, Denton County, Texas My Commission Expires 1aea.irl9 17 3o-- 7$ JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, r BEFORE ME, the undersigned authority, COUNTY OF _--------_._,r In and for sa TTMnty, Texss, on this day personally appeared . and - . his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said - ........having tiepn examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . . acknowledged such instrument to be her act and deed and she declared that shy had willingly signed the some for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day oi__~___ A.D. 19..... (L.S.) Notary Public, ...County, TRxss My Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY OF _ In and for said County, Texan, on this day personally appeared wife of . known tone to be th. person whose name Is subscribed to the foregoing instrument, and having been examined by me privily and opart from her husband, and having the same fully explained to her, she, the said _ acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the some for the purposes and consideration therein expressed, and the t she did not with to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This............................day of..................................., A.D. 19..._.._. (I .S.), I--..... Notary Public . ..........................................................County, Texas My Commission Expires June 1, 19............ _ 0 CLERK'S CERTIFICATE THE STATE XA% $ a 17 h......................... County COUNTY OF.. { ...............o. Clerk of the (tty o.~ of sal f(241,1o%ereby certify that the foregoing Instrument of writing dated on the zg L2 4 , A. D 19.. , with Its Certigeate of Authentication, was filed for record In my o e... I( lit r , A. D. 19... , at......_.. o'clock M., and duly recorded th_. (daY0V1. $ n A. D. 19 , at . o'clock it., in the M 5 Records of maid County, in Volume... , on pages L 1h W1TN $ iNDN E. COUNTY COURT of said County, at office In., - the dap and year leaf above written. 4~~ _ $ County Clerk County, Texas. By . _ Deputy, { H~ ~I€p~ Left I ffe - CCJ1IiYIc ffo C~`NFIU:iC0,7lx. ' l w 66 ~ ~ ~ ,I f I 111 I ~ • r ~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 8th day of December A.D., 1577 , by and between THE. CITY OF DENTON , TEXAS of the County of DENTON and State of Texas, acting through JOHN J. MARSHALL, PURCHASING AGENT thereunto duly authorized so to do. Party of the First Part, hereinafter termed the OWNER, and TURNER CONSTRUCTION COMPANY, P.O. BOX 27, EULESS, TEXAS 76039 MR. L.B. TURNER, OWNER of the City of EULESS County of Tarrant and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and perfdrmed by the Party of file First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Part of the Second Part (CONTRACTOR) hereby agrees with 'he said Party of the First Part (OWNER) to commence and completo the construction of certain improvements described as follows: Bid #8531 dater Line At North Lakes Park - city of Denton, Texan and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, eq«ip- ment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the. Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions 1 i to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the.plans, which includes all maps, plats, blue- prints, and oUir drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by the City of Denton, Texas , herein entitled the ENGINEER, each of which has been identi- fied by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commerce work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Prop; sal, subject to such extensions of time as are pro-, vided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Con- tract, such payments to be subject to the General and Special Conditions of the Contrace. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: ~ ~ of ,Oenlo s~ rn~~s arty f e First Part, OWNER AVC' elf (SEAL) ATTEST, / party of th Second art, CONTRACTOR By ~0~4 . Title (SEAL) PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF WATER LINE ON NORTH LAKE PARK IN DENTON, DENTON COUNTY, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm ox corporation; that he has carefully examined the form of con- tract, Notice to Sit'ders, specifications and the plans therein referre to, and has carefully examined the locations, conditions, and classes of materials of the iroposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other 'Items incidental to constru:tion, and will do all the work and furnish all the materials called i'or in the contract and specifications in the manner prescribed therein and according to the requirements of the Director of Parks and Recreation as therein set forth. It is understood that the following quantities of work to be done at unit prices are approxiamate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Director, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or d?creased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that quantity prices may be increased to cover additiolal wSrk ordered by the Director, but not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within 60 working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a per- formance bond and a payment bond within fifteen days after its ac- ceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: • PROPOSAL BID FORM BASE BID NORTH LAKES WATER LINE APPROXIMATE QUANTITIES Quantity Description Amount 1. 2950 l.f. 8" Water Line BGo."' 7 2. 90 l.f. 6" Water Line 7 IV 3. 4 ea. 6" Fire Hydrart 9 4 444t 4. 6 ea. 8" Gate valve P 5. 4 ea. 5" Gate valve 6. 4 ea. all x 8" x 0" Tee 7. 4 ea. 8" Plugs 8. 1 ea. 8" x 8" x 8" Tee 9. 1 ea. 8" Cross 10. 1 ea. 8" - 22V Bend 11. 1 ea. 8" - 11V Bend 15o," ~O TOTAL BID PROPOSED 3 D /2Z • In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a pay- ment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the con- tract, to insure and guaranty--e the work until final comnlu- • tion and acceptance, and to guarantee payment of all 1:.:,rful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The aindersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices are sho,,m in words and figures for Cach item listed in this proposal, and in the event or a dis- crepancy, it is understood that ti:e words shall control. (ContraCtor By Z-,,2 - i; (Title) e. x teal & Authorization Street Address) (if a Corporation) ~ Al (di ty an 5talc O~ '1'i ei, unn• ;i:mlr~•i• . r PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Tuhneh CcnstAuctl_on Com,xi y of the City of Eutebb County of TaAAant and State o7 Tex" , as PRINCIPAL, and Arienican Manu6actuhena Mutual. lasuhrnce. Company as SURETY,. authorized under the laws of the State of Texas to act assurety on bonds for principals, are held and firmly bound u6to the City 06 De on, Texae as OWNER, in the penal sum of Forty 7nog and One Hundred Ninety Two and no/1oo--------------- Dollars 40,192.40 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors apid assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contact with the OWNER, dated Pe 8th day of December , 19 11 , for the con- struction of Wateh Line at Non.th Lahe6 Panh - City o6 Denton, Texan i which contract is 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 saie Principal shall faithfully perform said Contract and shall in al! rtjpects duly and faithfully observe and perform all and singular thn cove- nants, conditions and agreements in and by said contract agreed and cove- nanted by the Principal to be observed and performed, an.' according to the true intent 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, 11OWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed 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, specifications, or drawings 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, alter- ation or addition to the terms of the contract, or. to the work to be per- formed thereunder. IN WITLESS WHEREOF, the said'Principal and Surety have signed and sealed this instrument this ~4h day of V c mb h , 19 1 Tunnen Construction Compang AmeAican b1anu6acta4eAA Mu.tuat Ins. Co. Pri ci al S ty BY BY < <z~f e a osteR Title eClcu Title Attorney-In-Fact Address P. 0. Box 21 Address 2930 TuAtte Cheek Ptaza Euless, Texas 76039 Suite 208 VaU", Texas 15219 (SEAL) (SEAL) The name and'iddress of the Resident Agent of Surety is: RobeAt H. Davis 04&'J:y-Satwaer6 Co. o6 VaeQa5, 2930 Tuhtfe Cheek ►Ptz - 0208, Vaftoa, Texas 75219 NOTE: Date of Bond must not be prior to date of Contract. Surety, for value received, stipulates'and agrees that no change, extension of time, alte~,•ation 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 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 ue performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _8th day of Veeemben 19_U_. Tunnen ConbtnuWon Company 'Amehtoan Manugaetutw Mu.tua,t! Ina, Co. r nc pa 5urety By 0 Title .Pev ?f Title ~o n y-1n-F rt Address P. 0. Box 27 Address 2930 Tine CnePb P a7a Eutesb, Texaa 76039 Suite 208 Datta.e, Texae 15219 (SEAL) (SEAL) s, The name and address of the Resident Agent of Surety is: RobeAt N Vav.c,a Ohdway-Saunde 6 Co. of pq 2430 Tlhtio cnoob vtaz - e~nR n i►,. raw,. 15Y19 Note: Date of Bond must not be prior to date of Contract. PAYMENT BOND 1 STATE OF TEXAS COUNTY OF _Denton KNOW ALL MEN BY THESE PRESENTS: That Tunnen ConstxuctFion Company of the City of Eui'ea6 , County of Twyeant ; and State of Texas , as PRINCIPAL, and Amytican Manu6acWehe Muteiat Inauhance Company , as SURETY, authorized under the lbws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City o6 Denton, Texas as OWNER, in the penal sum of Forty Thousand, One Hundred Ninety Two and 00/100 a Dollars 40,1??.00 ) for the payment whereof, the said Principal an Surety bind thei,selves and their heirs, admini:;trators, executors, successors and assigns, jointly and severally, by these pr(:sents. WHEREAS, the Principal has entered into a certain written contact with the Owner, dated the 8th day of Decembeh , 1911 , for the construction of Watet Line at North Lakes PaAk - Clay o6 Denton, Texas which contract is he'reby 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 TS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, 11014EVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of TL.:as as amended by acts,of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal actioa be filed upon this bond, venue shall lie in Denton County, State of Texas. i MAMAINANCE EUM THE STATE OF M(AS a KNOW ALL BY TNESE PRESUI'IS: THAT TuhneA Constlcuction Company as Principa , an can anu a unehs u a ne. Co. a corporation authorized to do business in the State of Texas, as surety, do here- by acknowledge themselves to be held and bound to pay unto the City of Denton a municipal corporation of the State of Texas, its successor and assigns, at Denton, Denton County, Texas the sum of collars v =SLUTI tal amount of the contract or the payment of principal and surety do hereby bind thern~olves, their successors and assigns, Jointly and severally. This obligation is condi'Aoned, however, that: WHEREAS, said Tu7neL_rm,.,.th„~ r:~I-r pa has this day entered into a written contract wit the said City of Denton to build and construct Wafers Lint at Nc)nth fabod veh - r;f, which contracc and the plans and specifications therein mentioned, a3opte by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof is 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 perforswd for a period of two (2) years from the date of acceptance thereof and do all necessary backfilling that may becane necessary in connection therewith arri do all necessary work toward the repair of arty de- fective condition growing out of or arising from the improper construction of the improvements contemplated by said Contractor on constructing the same or on aceovnt of impropgr excavation or backfilling, it t,eing understood that the ptu-- pose of this section is to cover all defective co,iditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said inrrove- rents it is agreed that the City may do said work in accordance with said con- tract and supply such materials and clot)z^a, the same afainst the said Contractor and its surety on this obligation, and said Contractor and e,Urity :Ball bo suh•- Ject to the damgos in said contract for each day's failurx, on the part of sari Contractor to caiply with the terms and provisions of said contract and this bond, NOW9 41IEFMWY If the said Contractor shall perfom its agreement to maintain said construction and keep same in repair for the maintenance period of two (2) years, as herein and in said contract provided, then 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 continuing one against the Principal and Surety and that successive recoveries may be had hereon for suc- cessive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the ob- ligation to maintain saki work shall continue throughout said mainteinance period, and the same shall not be changed, diminished, or in any manner affected fY m any cause during said time. IN WrIWM WtFJWF the said TAIdLA ConetAuetlon omex ny as Contractor and Principal, has caused these presents to be executed by Nom. {2 Fob tPA and the said d„these~presents~to~be executed by i s ttorney-in-fact as surety, has ~ wh%^u.e ' and the said Attorney-in-fact has hereunto set his hand Ne,tda Foe tee this the 8th day of Du mhon , 19~Z SUFI N: PMCIPA. Am2lucan Manu u7 M nz. Co. _ I rl H t~ BY: AL6 Nelda Fodteh L /4~~xt✓~ Attorney-in-fact AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY • A Nun" Cohmunolr WCOarOXATID "IC11 a. tar t Hama Office: Lone Crove, Illinois 60049 F POWER OF ATTORNEY KNOW ALL MEN BY TFESB PRESENTS: That the Amwcm MANUFACTt RYM MUTUAL LNsURANCx COMPANY, a co ration organized and exist. ing under the laws of the State of Illinois, and having its principal office In the village of Long Grove Illinois does hereby a;.point Robert He Davis, Nelda Foster and Richard W, Daiker off' Dallas, Texas **~*lF~~~* **~t~1t~**~**~i~l~lf*iEa~lr~F9HEIFtt if*~►****~** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issus. cc of this power and ending December 31, 1977, unless sainer revoked for and on its behalf as surety, and as Its act and deed: Any and all bonds and undertakings tE iE~it~**~r**~~** iE~t~****~*~*~ *~f**~f~1c*~f~tf~it* This appointment may be revoked at any time by the AstF.aicAN MANUrACTURM MUmAL INSVIANCa COMPANY. The execu(ion of such bonds and undertakings in pursuance of these presents shall be as binding upon the said AmzmcAN MANUFACTURERS MUTUAL INSURANCE ComPANY as fully and amply to all intents and pur- poses, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1977 This Power of Attorney Is executed by authority of a resolution adopted by the Board of Directors of said Am uCAN MANUTACZUSERS MUTUAL INSURANCE COMPANY on March 29, 1962 at New York, New York, a true and accurate copy of which Is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary .hall have power and authority to appoint attorneys in fact, and to authorize them to execute on behalf of the company and attach the ant of the company thereto, bonds and uadertakinas, reco`nlrances, contracts of indemnity and other writings obligatory In the nature thereof, and to accept savke of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 7th day of June, 1962: "VOTED, That the slaaatum of the Pred&nt, nay Vice President, Secretary or Assistant Secretary, and the Seal of the Co' y, sod the eertifation by any Sec~~y or Assistant Secretary, may be affcxed by faalmU on any power of attarnyy txetured irunuant to [tlOIUNOn aGOpted by the Hoard of Directors on March 29, 1967, gad an7r such power so executed seahd and ea lilted with respell to any bond or undertaldng to which it Is attached, shall continue to be valid and binding upon the Company." IN TEsTtxoNY WHmor, the AmmCAN MANUFAcTuacas Mu=AL INSUTANCE COMPANY has caused this instrument to be signed and its corporate seal to be affiled by its authorised officers, thin...._.1Qth._........... _ day of June....._............................. 19.7. AMERICAN MANUFACTURERS MUTUAL Attested and Certified: INSURANCE COMPANY ate, w.__».»...w....» .....w»_. C. 0. Swan, Secretary H. L xennScott, Jr, Via President STATE OF ILLINOIS )p COUNTY OF LASE I. Jena Petsold, a Notary Public, do hereby rectify that Z L Semkott, Jr. and C. 0. Swm personally known to me to be the same persons whose names are respectively u Vice President and Secretary of the America Manufacturer$ Mutual Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing twtrumerq appeared before me tbh day in person and severally achawledged that they being thereunto duly authorized signed, sealed with the corporate col and delivered the old Instrument as the free Lad voluntary act of said corporation and as their c -a free and voluntary act for the uses and purposes therda set forth. PAR rls ti -Noary Public Illy commiesion expires: May l0. 1976 'S CERTIFICATION lag Petotd I, Sven L. Jobaosoo, Secretary of the America ManMufaccturers Mutual Iasltranea Company, do hereby catity had** attached power of Attorney dated...._.JUMnie._ZQ~-~ 9s.ss------.-..oa behalf ot~S'BIIlfj 88_fllbSlYB IF 1F~FitlF IF~F*M~F4Fdt*M~t~F,IF IFfHF FtF9F~F ik9F*IF~ftfit M******IIf►il is it true Lad correct Copy Lad that the same bas lien in fttll fovea and effect sines the date thereof Lad b to full force and effect on the date of this aAlacte; and I do farther aRify that the Bald H. L. Smnicott, 7e. gad C. 0. Swan who executed the Power of Attorney as Vice President Lad Secretary respettirdy Ruses oo tha date of the erecutloo of the Attsched Power of Attorney the duly elected Via president Lad Sena. tart' of the AmerSrsa Manufacturers Mutual lawrance Compan'. IN TES7TMONY WHEREOF, I have barettaw wbseribed my name and affixed the eorporsts anal of the Americo Manufacturers Mutual Imursaa company on 11.16 86th day oi_p1CPllh0A Sven L. Iohanen Secretary 6ititeen, O &a they haw no authority to bind the Company except to the mamer and to~the wentt herein, jute& MIM.s in U.S.A. INSURANCC CITY OF DI- PON INSURANCE MINIMU!i ITAUIREINIan'S Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and naintain until the work is completed and cccepted by the City of Denton, ()wner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY I. WORKMEN'S O%TF.NSATION STATUTORY II. COMPREMIS1VE GaERAL LIABILITY Bodily Injury $1002000 $3001000 Each person Each person Property Damage $ 50,000 $100,000 Each accident aggregate III. OOMPRFAiNSIVE AUYCMOBILE LIABILITY Bodily Injury $100,000 $300,000 Each person Each person Property Damage $100,000 Each accident A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S P.'?OTECPIVE LIABILITY INSURANCE POLICY naming the City of Denton as insured with the following limits: Bodily Irk ury: Property Damage: $100,000 each person $ 50,000 each accl6ent $300,000 each accident $1003,000 aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The Contractor will furnish the Owner's Protective Policy described above and execute the Certificate, described on t1:e following page to the City oC Denton for its approval. Insurance must be accepted befoir cor3nenc3ng atV woiic under the contract to which this insurance applies. CITY OF Dt,4011 f-ATIFICATF OF INSURANCE 1n11S IS TO CERTIFY THAT THE Haa f d Lau Insurance 'ompany Ha~tt6ortd, Conn. , has issued policies of insurance, as described of below and identified by a policy number, to the insured named below, and to certify that such policies are in full force and effect in the State of Texas. It 1s agreed that none of these policies will be cancelled or changed so as to affect this fter changeehasfbeenedeliveredntolthedCityaof Denton .1CitytHallof Denton, aTexasation or 1. INSURED: Tuuen COMSt1taWon Company . 2. ADDRESS: P 0 Box 21, Eui'eb6 TexaA 1An39 Corporation Partnership Individual 3. STATUS OF INSURED: 4. DESCRIPTION OF OPERATIONS: flti3' INSURANCE POLICIES IN FORCE POLICY EFFECTIVE EXFIRf.TIUa LIMITS OF LIABILITY COVERAGE NUMBER DATE DATE I. NODYIEEN'S STATUTORY COMPENSATION 6WZ551590 11 -4-71 - - II. COMPRFHENSIVE A. Each . GENERAL 0 BE ASSIGNE person $ 300.000. LIABILITY 11-4-71 11-4-18 Each Accident $ 3000000. A. Bodily B, Each Injury Accident $ 100,000. B. Property -000.'-' • Damage Aggregate $-~•-T00. III. COKPRE11E4%SIVE A. Each AUTOMOBILE TO BE JJ 4-11 J1-4-16 Person $--100 ,000- • LIABILITY` AS-SIGNED Each A. Bodily Accident $ 300,000. Injury B. Each (00,000. 11. Property Accident $ Damage * COMPRE11ENSIVE ACTOMOPILE LIA1111-ITY INSURANCE lnrludef, A1.1, uwzied, hired, or non- owned automotive equipment used in connection with the i.n,ueed oprtntiuns. J?-8-11 Hatt ad InA(i D,ilc Name of lttsur.attic+ tanop.nty . 0 / tde .40 of By - Author t/ • :cd Itelliescttt.ttivc 2930 Twu tte CAeek Ptz. N246, Da.UaA, I'exaA 75219 i i ~ n ~1 'i . r , i \ CONTRACT THE STATE OF TEXAS a KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ¢ That this Contract is made atad entered into this / day of December, 1977, between the City of Denton, Texas, a Home Rule Municipal Corporation, Denton County, Texas, hereinafter referred to as "City", acting herein by and through its Mayor, and PRO- FESSIONAL APPRAISAL COMPANY, INC., of Arlington, Tarrant County, Texas, acting herein by and through its President; hereafter re- ferred to as "Company". WITNESSETH: WHEREAS, the City of Denton has determined that there is a necessity for and that it will be to the best interest of the said City and the taxpayers generally to employ experts skilled i.n the appraisal and evaluation of property so that all taxable real and personal property may bs properly valued for taxation aiad the values thereof equalized; and said City desires to obtain information, data, and assistance to enable its Tax Assessor- Collector and Board of Equalization better co perform their res- pective duties and functions as required by law; and WHEREAS, the appraisal and evaluation of taxable real and personal properties for ad valorem tax purposes is a specialized art requiring training, okill, experience, and expert knowledge; +and WHEREAS, the Board of Trustees of the Denton Independent School District has entered into a contract with the Professional Appraisal Company fo:• like services, and that said contract per- mits the City to join with the School District in such appraisal and evaluation and will entitle the City to receive the same ser- vices as the School District; and „HEREAB, said City of Denton believes that the Professional Appraisal Company, Inc, and B. Barney Baker, President theraof, possess special skill, technical knowledge, and the experience required, essential, desirable, and necessary for the appraisal of taxable real and personal properties and the furnishing of expert advice and assistance to its taxing officials and that it should contract for the services of Professional Appraisal Company, Inc. and B. Barney Baker in the amounts hereinafter stated: NOW, THEREFORE, PREMISES CONSIDEh ED, THE PARTIES AGREE AS FOLLOWS: 1. City hereby agrees to join the Denton Independent School District pursuant to Section 3C of the Contract executed on Yay 100 1977 between the Denton Independent School District and the Pr,,)fessional Appraisal Company, and the City hereby employs the Company pursuant to the terms and conditions of that Contract and the Contract is hereby attached hereto as Exbibit "A'" and made a part he/eof as if fully set out herein. IN WITNESS WHEREOF, we executed this Contract on this the / day of December, 1977. CITY OF DENTON, TEXAS BY : 4X, l - G ATTEST• SECRETIff CITY OF DENTON, TEXAS PROFESSIONAL APPRAISAL COMPANY, INC. BY: B'~t fEY Ate, PREMM 1 C O N T R A C T THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X AA,, That this Contract is made and entered into this, 0 /day of 1977, between the Board of School Trustees of the DENTON INDEPENDENT SCHOOL DISTRICT, Denton, Denton County, Texas, hereinafter referred to as "District', acting herein by and through its duly authorized official, and PROFESSIONAL APPRAISAL COMPANY, INC., of Arlington, Tarrant County, Texas, acting herein by and through its President; hereafter referred to as "Company". WITNESSETH WHEREAS, the Board of School 'trustees of the Denton Independent School District has determined that there is a necessity for and that it will be to the best interest of the said District and the taxpayers 0 generally to employ experts skilled In the appraisal and evaluation of property so that all taxable real and personal property may be properly valued for tax3tion and the values thereof equalized; and said District desires to obtain information, data, and assistance Lo arable its Tax Assessor-Collector and Board of Equalization better to perform their respective duties and functions as required by law; and WHEREAS, the appraisal and evaluation of taxable real and personal properties for ad valorem tax purposes is a sprcillized art requiring training, skill, experience, and expert knowled and YAIEREAS, the Board of Trustees of the Denton Independent School District has, with the full knowledge and consent of the Professional t Appraisal Company, Inc., extended to %he City of Denton, hereinafter referred to as "City" the opportunity-to join with it, the District, in the execution of this contract and by so doing to receive from Company like services which Company is hereinafter agreeing to perform for-District and as the same shall be particularly applicable to thr City and Company, if City joins in the execution of this contract, or thereafter under the conditions as specified hereinafter, agrees to perform the same services for City as are hereinafter set forth as its obligations to District and to do so for the additional consideration as ie hereinafter set forth provided, of course, that City assumes the responsibility for the same c..uties as are assumed by District as hereinafter enumerated; and WHEREAS, said Board of School Trustees of the Denton Independent School District believes that the Professional Appraisal Company, Inc. and B. Barney Eaker, President thereof, possess special skill, technical knot.:edge., and the experience required, essential, desirable, and necessary for the appraisal of taxable real and personal properties and Vie furnishing of expert advice and assistance to its taking officials and that it should contract for the ser,ii.ces of Professional Appraisal Company, Inc. and B. Barney Baker in the amounts hereinafter stated: NOW, THEREFORE, PREMISES CONSIDERED, the parties AGREE as follows: L. District hereby employs the Professional Appraisal Company, Inc. to make a survey of all properties, real, personal, and mixed, situated within the boundaries of the District and to establish values so that a program of annual updating and equalization of property within the District may be instituted to the extent it is eco,iomical and feasible uo that the value of property will be realistic, fair, and equitable for all entufng years. 2. The respective duties of the parties as follows: ` A. District ACRFES: 1. To obtain all L-uilding permit information from the City and provide to Company. 2. To obtain from the City or the County copies of plats on all new subdivisions or additions recorded during tee year and to provide the Company with a list of these subdivisions or additions and a copy of the plr.t for each. 3. To obtain from the City a list, of properties on which zoning has been changed and to provide Company with a copy of this list so that valuation records in the tax office can be corrected to reflekt the change in zoning. 4. To review all appraisals submitted by Company. 5. To prepare valuation notices as iccessary for all ?roperties on which the value has been changed. 6. To arrange a time and place of the Board of Equalization neetiogs and notify Company at least thirty days in advance in order that Company may have a representative present. B. Company AGREES, at its expense: 1. To measure all newly constructed or altered buildings, obtain pertinent data on same, and make an appraisal on these residential properties within the city limits from building permit information. 2. To drive the rural area and measure all newly constructed or altered buildings, obtain pertinent data on same, and make an appraisal on these residential improvements. 3. To check the personal property route list by driving or walking each street, road, or highway in the distvict for the nurpuse of obtaining pertinent information on changes, additions, or deletions which should be made a part of the personal property route list. 4. To appraise all new commercial and industrial structures except those included in the contract between the District and the Pritchard and Abbott Company. 5. To review all personal property renditions and assessments; and to appraise all new or enlarged firms for personal property values except those included in the contract between the District and the Pritchard and Abbott Company. 6. To appraise all new subdivisions filed within the District. 7. To reappraise all properties on which the zoning has been changed. 8. To reappraise all areas on which site plans are accepted by the City. 9. To miintain a sales/analysts/ratio s[ dy of properties throughout the District. 10. To reappraise any property, either real or personal, deemed needful of adjustment ty the Tax Assessor or the Company. 11. To provide consultation to the Tax Assessor as needed. 12. To provide for a qualified representative of the Company to be present at all meetings of the Board of Equalization. 3. A. That the Company shall be employed by the District to provide services herein described. The term of such employment shall begin on the first day of September 19'7, and shall be for a period of one year. B. In the event City does not join District in the execution of this contract or thereafter during the term hereof Company agrees that the compensation for the services to be rendered to District shall be in the total sum of 11'14,400.00 which total sum to be paid by District to Company at the rate of $1200.00 per month with the first payment due on the first day of September 1977, and a like payment due on the first day of each succeeding month thereafter until the total sum of $14,400.00 shall • have been paid. C. Should, the City join District in the execution of this contract Company agrees that the compensation for the joint services to be rendered by Company to the District and the City shall be in the total sum of $18,000.00 which total sum to be paid in monthly installments of $1500.00 each, of which amount District will pay to Company $900.00 thereof and City will pay to Company $600.00 thereof, with the first installment due on the first day of September 1977 and like payments on the first day of each succeeding month thereafter until the total sum of $18,000.00 shall have been paid. -4- • P. a D. Should the City not join District is. the execution of this contract but seeks to join the District in the employment of Company after the first day of September, 1977, the beginning of the term of employment, jeeeissYet±,-, 197Z, Company will accept but before the first day of 2 such joinder and District will accept such joinder provided: (1) That such joinder be on the first day of a month; and, (2) That City, immediately upon d chrjoinder, pay to Company ' a sum of money equal to $300.00 times the number of months from the beginning of the term hereof and such joinder; and, (3) That City, immediately upon such joinder, pay to District a sum of money equal to $300.00 times the number of months from the beginning of the term hereof and such joinder; and, (4) That on the first day of the month of such joinder and on the first day of each and every month thereafter for the term of this agreement City and District shall pay to Coi.Lpany the total s in of $1500.00 in the proportion as set forth in 8 above; it being the intention of the parties hereto that in the event of City's joining District in the employment of Company either before or after the beginning of the term of employment as provided herein that Company will receive the total sum of $1800.00 for the joint service rendered rather than the sum of $14,400.00 should such services be rendered to District aline. E. Should in the conduct of those services for which Company is being employed, the personnel of Company conduct themselves in such a manner as in the judgement of the Board of Trustees of District, and the City Council of the City in the event City is, or becomes, a party to this contract, is damaging or jeopardizing the relationship which each has with the citizens of the District and City notice in writing of such fact shall be give to Company which shall then have a period of thirty days to assure District and City that such conduct has been corrected and if such assurances are deemed insufficient by District and City, then and in such event this contract may be terminated by thirty days notice to Company. . J -5- F. It is further agreed that all information gathered and i assembled i+i whatsoever form by Company for District on the updating as set forth in this agreement, shall become the sole property of tte District and in like manner, should City join in this agreement, all information gathered and assembled in whatsoever form by Company for City on the updating or set forth herein shall become the sole property of the City, and upon termination of t' is agreement Company agrees to deliver custody of all such records and +r.rnrmation to the District and City respectively. IN WITNESS WHEREOF, we execute this contract on this /O 4 day of Y ' 1977. BOARD OF TRUSTEES DENTON INDEPENDENT SCHOOL DISTRICT i, ATTEST: e4' -1 t Secre ary PROFESSIONAL APPRAISAL COMPANY, INC. e gy ~ r~ Lv4 v(((«` B.,Barney Baker A r , -b \ r d' RELIANCE I 1451JRANCE COMPANY CERTIFICATE OF PhoNd.Iph., PA INSURANCE UNITED PACIFIC 6 INSLRANCE COMPANY Nome OH pry-Tacom, Wrsh, Adminnrrahrr On'~ur-Po Jaddpn~a, PA r7~]4- Cover ig! Ir provided in th76 Company des snared Gy Number. Each a Slock Imur mu Company, herein ailed The Company. This Certificate is maifed to: F T H I S C E R T I F £S that the Company indicated above has issued, City of Dentor tothe insured named herein, policiES of insurance which provide Municipal Bldg. coverage as indicated below. Such policies are subject to the pro- Denton, Texas visions, conditionsand limitations contained therein. This Certif icate of Insurance does not in any way amend, extend, alter or vary the coverage afforded by the policy or policies referred to herein. It issimpfya synopsis or summary of the actual insurance contract. The Insurance Company indicated above will make every effort to give written no PSe by regutar mail to [lie above named holder of this Certificate of any malerial change in or cancellation of these policies, but assumes no fidlydity for failure to do so or for any error. POLICY EXPIRATION BODILY INJURY LIABILITY LIMITS PROPERTY DAMAGE LIABILITY LIMITS HAZARDS NUMBER DATE EACH OCCURnE NCE FACN OCCURRENCE A1,GREGATE E Premises-Operations ZA117 39 33 12/31/78 3QOAQ0 100,0 00 N Escafators _ x x x t R Sub let Oparii ZA117 39 33 12/31/78 QQ,90 A - FOOD L Products-including '7QQLQ Completed Operations ZA117 39 33 _ 12/31/78 Agr egat: t:304a44 LOl A CLO Contractual-As L describedbeIow 117 39 33 12/3 1/78 00_+000- 0,.00 II I T Y This coverage is provided under: fL] Comprehensive, ❑ Schedule Policy HAZARDS POLICY EXPIRATION BODIL Y INJURY LIABILITY LIMITS PROPERTY DAMAGE LIABILITY LIMITS NUMBER DATE EACH PERSON EAC Ir OCCURRENCE EAC✓OCCURRENCE AGGREGATE U Owned Automobiles 117 39 33 12/3.1[] O+Il00_ _300,0000, x x x 000 a Hired Automobiles 117 39 33 00.,00 00, 000 00,A0 x IN x to Non Owned Automobiles A117 39 3 caii 100,00 x x x Ii L This coverage Is provided under: K Comprehensive, _ ❑ Schedule Policy Workmen's Compensation 117 39 37 _31/D Compensation-StatutoryLimit E.L. Limit: 5 00EAO Burglary Form! Amount Name of Insured and Address: Highland Industries, Inc. Y.O. Box 958 Lewisville, Texas 75067 Location of Risk and Description of Operations: MAXSON a ~LUIONEY -TURNER C~naro! /NUnnea~,fyanfi OEM CEDAR SPRINGS. DALLA5,1`11I 75210 • 641.1113 HARRY J. EIRCIII UIICR EM{ Description of Specific Contrili for which Certificate is issued (Indicate Types of Agreements, Pars' or Parties, slid Dalesli ed 12-1-77 estimative U7a E D. E173 r5E t 1 L 9)714 ED 7111 KtA E I r k ~a, P}~ lL- r 1 r CORRECTION DEED s THE STATE OF TEXAS, VOL 866 vAcE 754 COUNTY OF DENTON KNOW ALL AIEN BY THESE PRESENTS: ~ D E D RE00M f That The City of Denton, Texas, a hunicipal Corporation of the County of Denton and State of Texas , for and in consideration of the sum of -------j?969a%----- I ----------------•-------TEN & NO/100 (510.00)----------------- DOLLARS, to it in hand paid by the abutting property owners of the County of Denton and State of T e x a s , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER . j QUIT CLABI unto the said abutting property owners f• heirs and assigns, all i is right title and interest in and to that certain tract or par. I eel of land lying in the County of Denton and State of Texas, described as follows, to-wit: I All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the R. Beaumont Survey, Abstract No. 31, and being part of Block 90 of the 1 Headlee Addition, as recorded in Volume 4, Page 33 of the Plat Records of Denton County, Texas, and more particularly described as follows: BEING all of a 20 foot alley, the centerline of which is described as follows: BEGINNING at a point in the east right of way line of Beaumont Street, said point of beginning being 139.0 feet south of the intersection of the east right of ;ray of Beaumont Street and the south right of way Magnolia Street; THENCE south 81° 40' east a distance of 730.1 feet to a point in the west right of way line of Bolivar Street and containing 14,602 square i feet of land, more or less. SAVE AND EXCEPT the City of Denton, Texas retains an all purpose utility easement in the above described property. jl II -0 HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto In any manner belonging unto the said a b U tt i n g property owners heirs and assigns, forever, so that neither tho said City of Denton, Texas, its successors nor xWvsXArx any person or persons claiming under It shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS my band at Denton, Texas this 8th day of December A. D. 19,17 Witnesses at Request of Grantor: C I T_Y._ 0 E. 1TOH.,-T.ELU__. ATTEST Z i/- ELINOR HUGHES B OKS HALT, CITY SECRETARY SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF. _ Dent 0 h_ . f BEFORE ME, the undersigned authority, iuandforsaid County, Texas, on this day personally appeared Eli11or_,Hughes, Mayor known Ec~n4.to bo the person whose name is subscribed to the foregoing instrument, and acknowledged to me that , she :execuUtM the same for the purposes and consideration therein expressed. GIVJEN exNDkR`MY HAND AND SEAL OF OFFICE, This 6th day of Dec mbar A.D. 1977 f!~''r+• t Notary Publi Dt? County, Texas My Commission Expires 19.7Q JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . in and for said County, Texas, on Ws day personally appeared and his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said wife of the sa.d having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that sFe had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of . , A.D. 19 NoLuy Public, _ County, Texas bly Commission Expires June 1, 19....___. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNT1' OF 1 in and for s,id County, Texas, on this day personally appeared , v:ife of known to me to be the person whose name is subscribed to the foregoing instr ment, and having been examined by me privily and apart from her husband, and having the same fully e.splaincd to her, she, the raid ackn(Avlcdged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not wish to retract It. GIVEN UNDER MY HAND AND SEAL CF 6FFICE,This__ day of , A.D. 19 (L,S.) ° Notary Public, County, Texas a 001. e if, $ a ~ My Commission Expires June 1, 19 Cl es ' CERTIFICATE THE STATE OF S, , County COUNTY OF. O . Clerk of the County C rt o9ld Cfm0ntl10. cte 4rtify that the foregoing Instrument of writing dated on the day of A. . 19 with its Certificate of Authentication, was filed for record In my office on thi ...day of q 8 A. D. 19 at o'clock T1., and duly recorded this y..... A. D.19.. ,at o'clock M., in the Is of said County, in Volume._._ on pages WITNESS MY HAN Ah AL OiP T OURT of said County, at office _ t,......... _ y fear last nborc written. , . County Clerk . (}~J s..rfr(,E../.5~ounty, Texas. (L. S.) By Depu+y. a a ~I , 3` t E b t A d ~ o ~s z l W -i I ? Y e e ~ G H W V. t ~ ~ hA » o tJ W; ~j d! i,I III•) . E w \_i CY ~ ~ I m a I V ~ of h fld " ? ..._i, w x tit d ul ~ ~ i a f 5 } fI W.. THE STATE OF TEXAS, VOL 8~6 iaP 9 E COUNTY OF KNOW ALL MEN BY THESE PRESENTS: . DENTON DEED RE RDS THAT FORT WORTH SAVINGS AND LOAN ASSOCIATION of SAME , in consideration of the sum of TEN DOLLARS AND N01100 ($10.00) and other k:>>d and valuable consideration in hand paid by CITY OF DENTON receipt of which is hereby acknowledged, da by these presents grant, bargain, sell and convey unto to CITY OF DENTON , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, 30062 All that certain tract,'or parcel of land situated in the Daniel Culp Survey, Abstract No. 289, City and County of Denton, Texas; said tract being part of that tract described in deed from B. F. Stroder to Kingston Trace Joint Venture as recorded in Volume 337, page 217 of thy: Deed of Trust Records of Denton County, Texas; said tract also being part of 273.1 acre tract from J. D. 6 H. C. brown to Wilson H. Brown as recorded in Volume 301, page 207 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: Beginning, for the southern southwest corner of the tract being described herein, at a point in the south line of said Kingston Trace -Joint Venture tract, said point lying South 86 degrees 32 mina"es 30 seconds East 736.3 feet from the southeast corner of Lot 9, Block E. Kingston Trace, Section one, as shown by plat recorded in Volume 9, page 20 of the Plat Records of Denton County, Texas; Thence North 07 degrees 33 minutes Fast 120.36 feet to a point; Thence North 96 degrees 52 minutes West 120.0 feet to the northeast Corner of proposed Lot 16, Block E, Kingston Trace, Sect•_on Two; Thence North 01 degrees 48 minutes west 20.07 feet to a point; Thence South 86 degrees 52 minutes East 143.27 feet to a point; Thence South 07 degrees 33 minutes West 140.42 feet to a point in the south line of aforementioned Kingston Trace Joint Venture tract; Thence North 86 degrees 52 minutes 30 seconds West 20.0 feet to And it is further agreed that the said the place of beginning. Fort Worth Savings and Loan Association' in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. i For the purpose of CONSTRUCTING AND MAINTAINING A SFWER LINE In, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said any part thereof. TO HAVE AND TO HOLD unto the said CITY OF DENTON as aforesaid for the purposes aforesaid the premises above ddteacribed. itneas hand this t 7~ day of M_ G~._ , A. D. 19 . SINGLE ACKNOWLEDGMENT V 0 1 9 6~ 0112, 956 THE STATE OF TEXAS, V BEFORE ME, the undersigned authority, COUNTY OF _ . . _ _ in and for said County, Texas, on this day personally appeared known to me to be the person - -whose name subscribed to the foregoing instrument, and acknowledged to me that _ he executed the same for the purposes and consideration therei-I expressed. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This -.day A.D. 19...... _ (L.S.) Notary Public, __._.County, Texas My Commission Expires June 1, 19_._.. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l BEFORE ME, the undersignel authority, COUNTY In and for said County, Texas, on this day personally appeared..__.-_ - _ . known to me to be the person-- -whose name,.. subscribed to the foregoing i, trument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This -__--day A.D. 19..__. Notary Public, County, Texas _ My rnmmisslon Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE, OF TEXAS, 1 COUNTY OF_ Tarrant BEFORE bIE, the undersigneu :uthcrity, In and for said County, Texas, on this day personally appeer.d Jo E. Epps }1'll474 known to me to be the p(rann and officer wh rgme 7d' pq~b d t e fo a g Instrum~ t and ackrowled e o me that the same was the act of the said For ort~i smavings and Loan Assoc fat~on _n ar Qrporaltour and ihal,he ateculed the same as the act of such corporation for the purposes tnd consideration therein 4piessed, en j In tfi'e tapac`ty therein stated. Y GIVEN UNI)t ~MY HAND AND SEAL OF OFFICE, Thf ....9_ day of . DeCemoer D. 1877 Tarrant Notary I 7 Y , - --.Coum y, Texas AS n My t'otnmission Expires Sarre-ir,-19.~ May h s 1979 CLERK'S C TIFICATE THE STATE OF TEXAS, A County COUNTY OF.. ..............._.......-..(149" 111 Clerk of the County Court of y, do that the foregoing Instrument of writing dated on t},e _ day of.._.................._...., with its Certificate of Authentication, was filed for record in my ofRre on the ......d 0.._~.g'.... . , A. D. 19........ , at o'clock.. M., and duly recorded this..- day ot.. h 5r Q . _A. D. 19........, I, at o'clock M., in the Td County, In \olume......_..,...... on pages n , WITNESS MY HAN>) AND THE A tt f said County, at office in_ Pr..'.., 1AI d clear t above written. O jointy erk County, Texan. (L S.) . . Deputy. 1 i M I } ~ ' Q1 r► t•~ Its 6 4 J1 `b vc~ 6 rrt 950 17 r~'E f ~2 I THE STATE OF TEYAS, ) +('t 86 `I 1 } &NOW ALL 51EN BY THESE PRESENTS. COUNTY OF DENTON I DEED RECORDS i THAT WESTGATE HOSPITAL AND MEDICAL CENTER, LTD. of Denton County, Texas , in consideration of the sum of ? One Dollar ($1.00) and other good and valuable consideration c i in Fa. d paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, cell and wnvey unto to the City of Denton, Texas , the free and uninterrupted use, liberty p.nd pr;Iiiege of the passage in, along, upon and across the follow'ng described property, 30182, f + owned by it . Situated in Denton County, Texas, in the F. Batson Survey, Abstract No. 43 All that certain lot, tract or parcel of land lying and tieing situited in the City and County of Denton, State of Texas, and being part of the F. Batson Survey, Abstract No. 43, and also being part of a tract of land as conveyed from an. P. Jones, et al to Westgate Hospital and Medical Center, Ltd. by deed dated December 30, 1974 , and re- corded in Volume 7330 Page 217 of the Dech!!.Ncnrds of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of the second tract as described in said above men- { tioned deed; rKENC.'E south 880 45' east along the north boundary 1the of said tract a distance r,f 16.0 feet to a point for a corner; q-ENC.'E south 1002' west 16 feet east of and parallel to the west boundary of said tract- E a distance of 1167.23 feet to a point for a corner; i 'iTIENCE south 88° 58' east a distance of 36 feet to a Point for a corner; I THENCE south 1°02' west a distance of 16 feet to a point for a corner; THElrL north 880 58' west a distance of 36 feet to a pcdnt 16 feet east of the west f boundary line of said tract; li THENCE south 10 02' west 16 feet east of and parallel to the west boundary line of said tract a distance of 281 feet to a point for a corner in the south boundary line of said tract; 'THENcE west along taw south boundary line of said tract a distance of 16.0 feet to the southwest oorwA of said tract; THENC--: north 1° 02' east along the west boundary line of said tract a distance of 1464.58 feet to the place of beginning and containing 24,006.48 syuazv feet of land, i more or less. For the purpose of constructing, installing, repairing and perpetually maintaining ' public utilities ir, along, upon and across said premises, with tho right and privilege at all times of the grantee herein, his or its agents, empioynes, workmen and representatives having ingress, egress, and regress in, along upon and bcross said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said city of Denton, Texas as aforesaid for the purposes aforesaid the premises above desc/ribed. Witness our han , this the 7rf~ day'of December , A. D. 1977 ATIM., +tZ HOSPITAL AND MFDICAL C,$i -&~40 t. ffi-c- - - SINGLE ACKNOFI'LEDGMENT THE STATE OF TEXAS, , BEFORE ME, the undersigned authority, v. COUNTY OF _DE~PGt`l _ R Bryar, Boatwright, M.D. a In and for said County, Texas, on this day personallyoappeared of.. t,§t~gts. [iospir al . silo .radical. cetltex Lta. ~ , _ _ . • nd officer knz r~to roc to be ther~crhon whose name is subscribed to the foregoing instrument, and acknowledged to me that; he ekecLittal. thi same for the purposes and consideration therein expressed. GIVEN UNDER~NY ELAND AND SEAL OF OFFICE, This 7th day os} ~ December. , A.P. 19 77 Notary 1 tic, _ tOf1 County, Texas My Commission lr,xplres Jvrrm 119'14 3-31-7 JOINT ACKNOWLEDGDIENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OR... in and for said County, Texas, on this day personally appeared _ 'names _ . his wife, both known to me to bethe persons whose names pre subscrtbed the tregoing instrument, and acknowledged to me that they each executed the some for the Ili rpIct conside ratio therer}1 expressed, and the said . _ _ . - y i ha said _ - having been examined by me privily and apart from her huslirtl, in rigthe same fully plained to her, she, the said _e_ ~cknoyl6dtrd &ch instrument to he her act and deed and 6f.L declared t4at sh had willingly signed tl if as a pIlrpos con Ideretion therein expressed, and that she di.1 not wish to retract it. Lis v c 2 0 1 GLVFN UNDER MY ]LAND AND SEAL OF d of-.-_.-_-.__A.D. 19...._. (L.S.)~T" 1 - i - 1~~Ctryblic'. --------_---..County, Texas ,r D ommiss es' June 1, 19 WIFE'S SEPA OW e T THE STATE OF TEXAS d ' 1 p, FORE ME. the undersigne I authority, COUNTY OF V in and for said County, Texas, on this day personally appeared,..................................... , wife of . known to me to be the person whose name N subscribed to the foregoing instrument, and having been examined by me privily and apart from hoc Husband, and having the same fully explained to her, she, the said..... acknowledged such instrument to be her act and deed. D,A she declared that she hai willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Tlsis.......................... dap of . A.D. 19 (L. S.) . Notary Public . County, Texas My Commission Expires June 1, 19.... CLERK'S CERTIFICATE THE STATE OF TEXAS, , County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the .......................day of._................................... A. D. 19....._ , with its Certificate of Authentication, was filed for record in my office on the. . day of _ , A. D. IT- , at .,..o'clock _ M., and duly recorded this ........._day of _ A. D. It.: , at o'clock _ M., In the _ Records of said County. in Volume,..... , cm pages...........,...,,... WITNESS MY HAND AND SEAL OF THE COUNTY COURT of ssld County, at office in th• ]ay and year last al ove written. County Clerk. . County, Texas. (L.eJ By.__ Deputy. cz Ism' u W//~ CA >1Xr 1.11.' I Q90 r y W 1 i ~ Y YI I i ~ _ ~ ~ ~ I ~ ~ t3 ` t [y~y[E~~I 61 j~31 h'~ X71 ~ 0 `t° . c6C~ I i i U3'uot~ 71 PAu 13 rl~_Y THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 1 THAT this agreement entered into on this the 16th day of December, 1477, between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as the "City", and Marriott Brothers, Inc., hereinafter referred to as "Marriott". WITNESSETH: Whereas, Marriott has been awarded a contract by the City to perform certain construction at the P=nton Municipal Airport; and Whereas, Marriott needs a source of water supply for the performance of such work and the City does not have an adequate supply of water at the Municipal Airport; and Whereas, the jarties are desirous of extending a temporary four (411) inch water line to the airport property; NO1,11 THEREFORE, PREMISES CONSIDERED THE PARTIES AGREE AS FOLLOWS: 1. City agrees to bore under FM 1515 near Precision Drive and extend the existing water line to the south side of FM 1515; 2. City agrees to obtain the necessary permits from the State Department of Public Transportation and Safety to provide the right-of-way for the laying of a temporary water line along the south side of FM 1515, 3. City agrees to incase in concrete the water line as it crosses Dry Fork Creek, 4. City agrees to provide, at its expense, all taps and the necessary f, ir (411) inch PVC pipe required.to., run the water line from Precision Drive to the Denton Municipal Airport. 5, Marriott agrees to install, at its expense, the four (411) inch PVC pipe from a City tap on the south side of FM 1515 near Precision Drive to the City's wollhouse at the Denton Municipal Airport, r 6. Marriott agrees to bury the water line at least 42" below the surface, and to comply with all City codes and State Department of Public Transportation and Safety specifications for the installation and backfilling of the pipe line. 7. City of Denton agrees to install, at its expense, all taps. B. Marriott will hold the City harmless regarding the installation of the pipe line except for defects in materials supplied by the Citf, or work performed by the City. 9. It is agreed that this is a srparate agreement from the one entered into between the parties concerning the work and construction to be performed at the Denton Municipal Airport pursuant to grants received by the City from the Federal A-iation Administration. Signed this 16th day of December, A.D b 1977. CITY 'OVEN'. TEXAS BY : 'Wl CITY MAVAGER ATTESTS ;B 00 CITY SECRETARY MARRIOTT BROTHERS, INC. 8 a ' ~ ~j s ~ ~ ~ ~ . ~t f~ } ~f • t NO. 7~' $g AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 40 AND 411 BLOCK 4028-2, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, undar provisions of Ordinance No. 69-1, be, ar,L1 the same,is hereby amended as follows: All the hereinafter described Droperty is herc:,y remove•i from the General Retail (GR) and Agricultural (A) District as shown on said Zoning Map, and all provision: of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Commercial (C) Dis- trict in the same manner as other property located in the Commercial (C) District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being Lots 40 and 41, Block 4028-2 and being approximately ,74 acre of land, beginning or, the east side of Willow Lane 185 feet north of West University Drive and being a portion of Denton Estates Mobil Home Park in the City of Denton, Texas. SECTION 11. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION III, That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof, PASSED and APPROVED This the 6th day of December, A. D. 1977. M CITY OF DENTON, TEXAS ATTEST SECI'ETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: %'11%fTORNEY 0 JIM k,~ g~ ~ ~ ~ ? mil" F` v J ao r A ! ~a ~i } 1 ~ ~ ' I f ~ ' ~ 1 ~ i_ f t~ 1 - ~ fir. ~ r ~ t' ~ .n ~ ~ r cif I • 1 1 1', yy~~l ~ A 9 1~ ~ ^ ~ i yak t' ~ e 7F . T•Y fy1 a~. r v ..L P' ,4' AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITE ON THE 20TH DAY OF DECEMBER, A. D. 1977. R E S O L U T I O N WHEREAS, the United States Congress has pa,ised the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing the Secrei:ary of the Interior to provide financial assistance to stages, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V,A,C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal pro- gram established by the Federal Government; and WHEREAS, the City of Denton is fully eligible to receive assistance under this program; and WHEREAS, the City Council of the City of Denton is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this program; NOW, THEREFORE, LE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THATi K SECTION 1, That the City Council of the City of Denton hereby cer- tifies that the City of Denton is eligible to receive assistance under Public Law 88-578; as augumented by Article 6081x, V.A,C.S. SECTION 11. 'That the City Council hereby authorizes and directs its Mayor to represent and art for the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of this program, The Mayor is hereby officially designated as the City's representative in this regard, SECTION III. The City Council hereby designates its Director of Finance as the official authorized to serve as the City's fiscal officer 1 1 to receive Federal funds for purposes of this program. SECTION U. The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as North Lake Park in the City of Denton for use as a park site. That North Lake Park is dedicated for public outdoor recreation purposes. PASSED AND APPROVED this tho 20th day of December, A. D. 1977. EL~INUK bbl , MA-YUK CITY OF DENTON, TEXAS ATTEST:' 8'RWKS HOLT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS " i rT. l ~4'Z l~~I ~Y L Y ~ t t Y v 1 i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE 14UNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF DECEMBER, A. D. 1911. THE STATE OF TEXAS ( COUNTY OF DENTON [ RESOLUTION IN APPRECIATION OF CITY OF DENTON ( THE MEAN GREEN FOOTBALL TEAM WHEREAS, North Texas State UniveASity is ela44i6led in Div.Z6ion 1 by the National Collegiate Athletic Association (NCAA); and WHEREAS, the Mean GAeen athletic teams unde4 the leadeA- sh(p o6 Hayden FAy, Athletic DiAectoA, have been apgAading theiA phogaams and seeking national prominence in athletics; and WHEREAS, Head Coach Hayden FAy and his sta66 have led the 1911 Mean GAeen Football team to a 9 win-2 loss season; and WHEREAS, this AepAesents the best AeeoAd o4 a NTSU 6oot- batt team since 1959, and this team has gained national hecognition bon North Texas State Uni- versity and the City o6 Denton; and WHEREAS, two membehs o6 the team, Ken Washington and Wattr.A Chapman, have Aeeeived Atl-Amehiean recognition; and WHEREAS, the team has played v,ith gAeat desire ability and spoAtmanship that chaAacte2lzes Rem as tAue champions; NOW, THEREFORE, the City Council o6 the City o6 Denton acting on behao6 o6 the citizens o6 Denton wishes to acknow- ledge with gtate6ul appteciatton the accomplish- ments and recognition that the North Texas State UniieASity Mean OAeen Football Team has bhought to the City o6 Denton, and oAdeA that this Reso- lution be made a pact o6 the o66iciat minutes o6 this Council to be a peAmanent AeeoAd o6 the City, and that a copy o6 this Resolution be 6oawaAded to .the team in eahe o6 Hayden FAy as a token o6 out appAeciation. PASSED AND APPROVED this the 13th day o6 DeeembeA, A. 0, 1911, CITY of DENrOk, TEXAS M ATTESTo. T"~XS_ffOLTI CITY SECRETARY CITY OF OENTON, TEXAS APPROOVVEEPP AS TO LEGAL FORM! CITV OF OEN N, TEXAS f t-43 ' k: All AT A REGULAR MEETING OF THE CITY COURCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF DECEMBER, A. D. 1917. THE STATE OF TEXAS 1 COUNTY OF DENTON RESOLUTION IN APPRECIATION OF CITY OF DENTON ( THE DENTON BRONCO FOOTBALL TEAM WHEREAS, the City o6 Denton, Texas is honored by the ptesenee o6 an outstanding 1977 Stonco Foot- batt Team; and WHEREAS, these young men having 8 wins, 2 tosses and 1 tie ovetatt and 6 wins and no toss in d,iattiet play aecompiJi6hed winning the championship in D.i6tAict 6-AAAA bon the 6iut time in jive years; and WHEREAS, these young and dedicated athtetes ate adding honors and pnest,ige to Denton High Sehoot, and the City o6 Denton by giving o6 theit time and e66oht6 to the game o6 6ootbatt; and I WHEREAS, it is onty Sitting and ptopet to %ecogn.ize such o,,•:~anding and esteemed athtetr6I and to en- et,u,cage :-hem to hemat.n within, and be a pant o6, owt community. NOGr, THEREFORE, the City Counei.t of the City o6 Denton acting on behat6 o6 the citizens o6 Denton wi6he4 to acknowtedgge with g4ate6ut apptee.iatEos, the aceomptt.ahmentz and teeognttdon that the Denton High Sehoot Stonco Footbatt Team has brought to the City o6 Denton, and ondet that this Resotutton be made a pant o6 the o66.Eciat minutes o6 th<.i Councit to be a petmanent tecotd o6 the City, and that a copy o6 this Resotut.ion be 6otwa4ded to the team in cane o6 B.itt Shipman as a o~:n o6 out appt(.Ciat.ion. PASSED AND APPROVED this the 13th day o6 Deeembet, A. D. 1971. CITY OF DENTOkp TEXAS ATTESTi STCRTr Ry CITY OF DENTON, TI:Y,AS APPROVED AS TO LEGAL FORM! D-7~7TaR10FV CITY 0 F VENT O TEXAS ~ . ~ ~ ~ I' 'V ~ r \ , Sj' . r, F ~ i t / ~ a f e 1. ~F~ ~ ~ ~ i _i l ~ ~ ~ ' Wit' Y SNP .l , 1 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20.,4" DAY OF DECEMBER. A. D. 1977. R ES01,UT10N WHEREAS, the City Council previously passed a Resolution on November 15, 1977, authorizing the conveyance of a tract of land to the Denton Housing Authority or Lewis Wallace, his heirs and assigns; and WHEREAS, that Resolution contained an erroneous legal descrip- tion; and WHEREAS, said property is to be conveyed to the Denton Housing Developing Corporation, an instrumentality of the Denton Housing Authority., and an assignee of said Denton Housing Authority; and WHEREAS, the City of Denton, Texas, needs to correct that des- cription and wishes to bargain, sell and convey to the Denton Housing Develop- ment Corporation, its successors and assigns, a certain tract of realty located in the City of Denton, Texas, and more fully set out as follows; • ALL THAT CERTAIN lot, tract or parcel of land lying and being Fituated in the City and County of Denton. State of Texas, and being part of the J. Carter Survey, Abstract No. 268, and being op.rt of Lot Nos. 5 and 6 of the W. S. Burst Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from V. L. hIcCart, Trustee to City of Denton by deed dated Mav 20, 1971 and recorded in Volume 622, Page 112 of the Deed Records of Denton County, Texas, and more particularly des--ribed as follows: BEGINNING at a steel pin In the West Boundary Line of said tract, said point of beginning being 123.31 feet South 0° 28' 54" East of the northwest corner of said tract; THENCE North 88° 11' 25" East a distance of 113.67 feet to a steel An for a corner in the West right-of-way line of Bell Avenue; 4 THENCE South 10 171 32" West along the West right-of-way line of Bell Avenue a distance of 65.30 feet to the beginning of a cure to the right, said curve to the right having a central angle of 32 50' 48", radius 601,11', tangent 147, 71' and length 287.280; AESO ION, page one THENCE Southwesterly along said curve to the right, same being the West right-of-way line of Bell Avenue, a distance of 287.28 °'et t + the beginning of a curve to the left, said curve t3 the left having a central angle of 40 57' 14", radius 4801, tangent 20.50' and length 41.50'-, THENCE Southwesterly along said curve to the left, same being the West right-of-way line of Bell Avenue, a distance of 41.50 feet to a point for a cor ter; TIIF:NCI North 880 39' 46" West a distance of 2.96 feet to a point for a corner in the West Boundary Line of said tract; THENCE North 00 11' 04" West along the West Boundary Line of said tract a distance of 1866. 86 feet to the place of beginning and containing 29,06.2 square feet of land, more or less. WHEREAS, the City of Denton and the Denton Housing Development Corporation agree that a consideration of Seventy-Five Cents (750) a foot or $22, 482. 13 is a fair and agreed value of such described property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City of Denton and the Denton Housing Development C npor- ation, its successors and assigns, enter into a contract for the sale of the above described property and that the Mayor of the City of Denton, Texas, be and is hereby authorized to execute such instruments that are necessary to consummate such tr anafer. PASSIsD AND APPROVED this the A2~~d'ay of December, A, D. 1977. ELINOR HUGHES-;1 MAYOR CITY OF DENTON, TEXAS ATT/S,T: 13HOOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS AS TO LEGAL FORM: AAPP cpr-A& ' PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS t RtSOLUTION, page two } . _ kp P ~ J l ` C r i" f. t 17-; Yd~i c i ;S~ ~ r ~ yf~ 7~ r 77• s 9 1 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF BONNIE BRAE AND WEST UNIVERSITY DRIVE (U.S. HIGHWAY 380); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTH THEREFORE; AND DECLARING AN EFFECTIVE DATE, WHEREAS, in the interest of safety for the vehicular and pedestrian traffic in the City of Denton it is desirable to erect and maintain a traffic control signal at the inter- section of Bonnie Brae and West University Drive (U.S. High- way 380), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: PART I. A traffic control signal shall be installed at the in- tersection of Bonnie Brae and West University Drive (U.S. Highway 380); and the City agrees to enforce all regulations as may be necessary for proper operation of the installation; and shall maintain and operate the signal in a satisfactory manner, PART II, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordin- ance, and the City Council of the City of Denton, Texas, here- by declares it would have cnac::d such remaining portions despite any such invalidity, PART III, Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200,00), Each day such a violation shall continue or be per- mitted, shall be treated as a separate offense, PART IV. That this ordinance shall to effective immediately upon its passage. PASSED AND APPROVED this the 20th day of December, A. D. 1977. CITY OF DENTON, TEXAS ATTFyV: / BKUf0It'ti HU1,']ll Ii CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: v--- PAUL C. MHAMS LITY ATTORNEY '1 . ' ~ ~ > I ' v ~ ~ ~ f ~ v v r ~ , ~ c' ~ s F f - - '.9 ~ _ ; r [ . _ f 4 i ~ $ Y ` r i . . , yf~ d t~lV` STATE OF TEXAS KNOA' ALL MFN BY THFFF PPFFFNTS: COUNTY OF DENTON DEED RECORDS !~1~ That NATIONAL MCnTGACE CORPORATION OF PMFRICA of`f~`MP ~s V', County, Texas, in consideration of the sum of One,nollar (.tl.nn? and other good and valuable consideration paid in hand by the ;:'City of Denton, receipt of which is hereby acknowledged, do 1,y i thecae presents grant, hargain, sell and convey unto the city of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across t;•e following described property m-ned by it and being situated in the rnunty ,,of Denton, State of Texas, and more particularly described as follows: All that certain 20.0 foot wide strip, or parcel of land situated w•r, in the D. D. Culp Survey, Abstract No. 287, and the r. Carter it ,iw+Survey, Abstract No. 275, City and County of Penton, Texas; said strip, or tract, being part of a tract shoion by trustee y deed from Epic, Inc. to National Mortgage Cornoration of Pmerica anti recorded in Volume 824, page d58 of the Peed Pecords of Denton County, Texas; said tract being further described herein by metes and bounds as follows; BEpINNING for the mcst northern northeast corner of the tract heino described herein, at a point'in the northern line of said Epic, inc. nF Tract, said point lying North 87 degrees 48 minutes test 84].5 feet from the northeast corner of said tract, said northeast corner q', of >pi., Inc. tract lying in the center of Old North Poad; M THENCE North 87 dear4,.es dB minutes Vest 2nrn fp.pt with said north line of Epic, Inc. tract to a noint for the northwest corn►:r of the tract i being described herein; THENCE South 02 degrees 12 minutes West 103.6 feet to the beginning A i4, of a curve to ts,e left whose radius if 271.48 feet; THENCE southeasterly 385.61 fee•~: with arc of curve through a central angle of 81 degrees 23 minutes; 'i' THENCE South 79 degrees 31 minut,+s Fast 336 3 fret to a point that lies .120 feat westerly of the center of old North Poad; ,s THENCE South in decrees 49 minutes! 'Afest dd6.3 feet parallel to and ,r 220 fAet westerly of said center of old Morth P.oad, to the beginning of a curve to the left whose radius is 819.28 feets THENCE southeasterly 298.14 feet with are of said cvrve through a '~"central angle of 20 decrees 51 minutes to the end of said curves THENCE South 10 degrees 02 minutes Yas;t 72.6 feet to the heninning of a curve to the right whose radius is 703.13 feet; 14 THENCE southerly 148.81 feet with arc of curve through a central angle of 10 degrees 45 minutes to the end of saiO curves County Clerk's llemor 4 > ASEMENT - PACE ONE Portions of cnia dooument not p 1 WE 725 reproducible when reaoraad VOi 86ry ' VOL 86 1 PAGE 726 THENCE South 00 decrees 43 minutes Vest 374.5 feet to existing outfall sanitary sewer line; i THENCE South 81 degrees 32 minutes East 20.2 feet with said line to a point; THENCE North 00 degrees 43 minutes East 377.2 feet to the heginniAa of a curve to the left whose radius is 813.13 feet; THENCE northerly 152.56 feet with aL of said curve through a central angle of 10 degrees 45 minutes to the end of said curve; -.THENCE North 10 degrees 02 minutes West, 195 feet westerly of and parallel to Old North Road a total distance of 72.6 feet to the beginning of a curve to the right whose radius is 799.28 feet; THENCE northerly 290.86 feet with arc of said curve through a central angle of 20 degrees 51 minutes to the end of said curve; '6ik- THENCE North 10 degrees 49 minutes East parallel to and 20n feet westerly of the center of Old North Road a total distance-of 466.3 feet; THENCE North 79 degrees 11 minutes West 354.3 feet to the beginning of a curve to the right whose radius is 251.48 feet; THENCE northwesterly 357.2 feet with arc of said curve thruuah a central angle of 81 degrees 23 minutes to the end of said curve; THENCE North 02 degrees 12 minutes East 193.6 feet to the place of .--,;.-'beginning, and containing 43,283.2 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas. in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. ~:o Por the purpose of constructing, installing, repairina and %7 perpetually :maintaining public utilities, in,along,upon, and 1 `yYk` across said premises, with the right and privilege at all times of othergrantee herein, his or its agents, employees, workmen, and representatives having ingress, egress, and repress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities or anv part ? thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaiO for the purposes aforesaid the premises above described. WITNESS my hand this the day of , A :e A. D. - - - , 107, NATIONAL MOR ~ E CORP. AMERICA t, County Clerk's 1lesos '4` Portiuna of this docusent not - R reyroduoible when rwrdK BY I Po rt H. Hopkins, President l .114'Y EAPEMENT - PACE TWO , r ATTEST: S CRETARY THE STATE OF TEXAS ter...: COUNTY OF DALLAS I ..fir ,r' BEFORE ME, the undersigned authority, in ana for said county, Texas, on this day personally appeared ROAFAT F. ITOPKIMS, JR., President, of National Mrrtaaoe Corooration of America, known ' to me to be the person and officer whose' nape is surscrihed to the foregoing instrument, and acknowledged to the that he executed the ~1f same for the purposes and consideration herin, exnressed, and in the capacity therein stated, GIVEN UNDER MY HAND AND .SEAL OF OFFIf F, This the day G ce+ , A. D. 1977. s ROTARY pi1J+I If IN ANFVFOR % jk yr DALLAS COUNTY, TFXAS Y•. t i, ~Z.va 867 wE 727 Ck S 1' ry r RA' EASEMENT PAGE THREE` ` i i 1 albs tit t f va 887 r 728 is I \ S fi>~ t 03111 ~ i r N.EN:ORINDU~f AGREi?>{ENT ti!E S1A1'i: 0',' ":-"XAS KNOW ALL \!LN BY THESE PRESENTS: COUNTY OF DEN'iON That Jess Nowton Raynor, Individually and as agent and attorney-in-fact for EUGENIA PORTER RAYZOR, JUNE RAYZOR ELLIOTT, EVELYN RAYZOR NIENHUIS, and EVELYN RAYZOR NIEJHUIS and E. J. SCHILLER, Independent Executors of the Estate of SELWYN RAYZOR SINGLETON, deceased, hereinafter known collec- tively as "Rayzor" do by these presents agree to pay to the City of Denton, a F'ome Rule Municidal Corporation, all the costs of construction of an eight (8) inch water line to be constructed upon the sixteen (16) foot utility easement more fully set out and described in Exhibit "A" attached hereto, with said line to be constructed to standards established by the City of Denton and at such time as may be r_-;,iired by the Rayzors. Such obligation of Rayzor shall no t,aived, in the event the City of Denton, at its sole eiscrotion, deter- mines such water line is made necessary by the location of a usor having significant economic benefit to the City of Denton. WITNESS their hands, this the _11~ ay of • December, A.D. 1977. r ACCEPTED BY CITY OF ,DEN/T~ON By Robert `E,Nelson ~es ewto ayzor, n vi ua Director of Utilities ari as Agent and Attorney-in- fact for Evelyn Rayzor Nienhuis, Juno Rayzor Elliott, Eugenia ATTEST: Porter Rayzor, as individuals, and E. J. Schiller and Evelyn Rayzor Nienhuis, Independent Executors of the Estate of vxs rqty Secretary Selwyn Rayzor Singleton, deceased w: I Air' 1 THE STATE OF i'EXAS COUNTY OF DEIiON X BEFORE AIE, the undersigned authority, a Notary Public, on this day personally appeared JESS NEWTON RAYZOR, known to no to be the person whose name is subscribed to the foregoing instrument, individually and as attorney-in-fact for Evelyn Rayzor Nienhuis, June Iayzor Elliott, Eugenia Porter Rayzor, as individuals, and E. J. Schiller and Evelyn Rayzor Nienhuis, Independent Executors of the Estate of Selwyn L~.yzor Singleton, deceased, the parties thereto, and acknowledged to mo that he executed the same as attorney-in- fact for the said Evelyn Rayzor Nienhuis, June Rayzor L'lliott, Eugenia Porter Rayzor, as individuals, and E. J. Schiller and Evelyn Rayzor Nienhuis, Independent Executors of the Iistatr of Selwyn Rayzor Singleton, deceased; and that the saic. Evelyn Rayzor Nienhuis, June Rayzor Elliott, Eugenia Porter Rayzor, as individuals, and E. Jr Schiller and Evelyn Rayzor Nienhuis, Independent Executors of the Estate of Selwyn Rayzor Singleton, deceased, executed the same by and through him, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~.3 day of December, 1977, ~Y 0101101 HOPKIN1 aV~~ PVC Neary PUN" Notary Public in an or rrprrr r. OtMON aunty, 1.181 C• Mr Comm 1114" 11 1 1, 071 1K j h r•r aNksr G1 4, 10] Denton County, Texas boy Commission Expires ~QA I f DE N10% Y. '~rr.ct or parcol of land oituate'! is the J, Davis Survey, aecoc: 320, ueata:l Councy, 'iexas, beir.g parr, or Ex~ibit "a" as deserib- .,1 ' 'n u GuLC, yyyVl('c6 -n Voluna 7751 ?ago 112, need Rccorda,o£ said Ceuntyj foilvwat sne being roru purGicula'ily described as a:Ci!lNTNC at a weal pia on the West Boundary Line of rrecision Drive at 89' 52 W. 4C.0 fact and S. 0° 08' E. 397.6 feet from the Northwost cor, nar of a tact described in a doed from Drawn and Sharp Manufacturing Con„-± E r parry to Xolrar Laboratories Inc, on December 15, 1976 and recorded in Volume 815, ?ago 824, Deed ?tecordo of or.id County; i TFIENCE S. 0° 08' E, with the Nnat Boundary Line of Precision Drive being r i 40 feoz West of and parallel to the West Boundary Line of said Kolnar Laboratoriea tract 952.15 foot to a eteol pin at the beginning of a curve 'i to the left, i TAEKCE with said curve on the West Boundary Line of said Street having a I ccntrol aagia of 41° 40', a rudiua of 397.82 feet, a chord of 5,206 581 E, , 2'2,97 feet, aid an are length of 289,30 feet to a ataol pin, THENCE S. 410 46' E. with the West Boundary Fine of said Street 41.6 feet to a steel pin on the North right-of-way or F.M. Road 1515, which pin is the true point of beginning; THENCE fron said true point of beginning, a strip of land j uniformly 16 feet in width, the southeasterly and southerly boundary of which 16 foot strip is a line described as follows: THENCE with the North right-of-way of said F.M. Road around a curve to the left having a central angle of 270 381, a radius # of 617.96 feet, a chord of S. 310 12' 20" W. 295.16 feet, and h an are length of 298.04 feet to a steel pin; V ENCS S, 17' 23' 20" W, with aaid right-of-way 207,6 feat to e s toel pin at the beginning of a curve to the right, i THENCE with the North right-of-way of said F,M, Road around said curve j , s radius of 52oad around s chord curve having a central angle of 720 03' R Be 53° 240 SO" N• 621,03 font, and an arc length of 663,91 feet to a eu.~l Pint , I THENCE S. 890 26' 20" W. with the North right-of-way of said F.M. 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BOSTON OLD COLONY INSURANCE COMPANY 1810 Commerce Street, Dallas, Texas 75201 December 14, 1977 City of Denton City Hall Denton, Texas Res BIND 18GO853 Gordon Scott L Centlemens The Fidelity and Casualty Company of New York elects to terminate its liability under the captioned Blectrician's Lice-Tss bond, herewith giving you the required notice. Sincerely, 10~~ CC, e-~Q Dallas Branch Office Bond Dept. cci Raytor Ins. Acknowledge dot. of canes Denton, Texas Sys , Titles e today's dates !t~ 6, `I l NOTICE OF CANCELLATION OF BOND BY SURETY City of Denton City Secretary Denton, Texas Bond No: 90 34 75 Principal: Frank F. Mayfield Obligee: Jim White, Mayor of the City of Denton, Tx. Type: Plumber's Bond Amount: $1,000.00 The undersigned company, as Surety, hereby notifies you that Its above described bond Is hereby cancelled effective and that as said Surety it shall not be responsible for any acts or defaults committed or loss occurring after said date. Dated this 36th day ofDecember 19_u-. A'0f Inctirance NMpany 8Y ~ Qw n-i. ~ 4p0 Ma sha Maxwell At~Tact cc: Ramey-, King A Minnis Ins. Denton, Texas 10S9114 (110.74) y t, ~ p~ F r~, % CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered Into this 14th day of OFCFbsaFR A.D., 1977 , by and between CITY OF DENTON f 4 of the County •of DENTON and State of Texas,' acting through JOHN MARSHALL,C.P.M.,PURCHASING AGENT thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DENTON CONSTRUCTION COMPANY:, MR. FRANK THOKASON, VRF.SIDFNT 816 E. SYCAMORE ST, DF,NTON, TEXAS 76201 of the City of DENTON , County of DENTON and State of ' TEXAS Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and a reements hereinafter mentioned, to be made and perfdrmed by the Party of the First Part (OWNER), .nd under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID #8533 CONSTRUCTION OF PARKING LOTS AT DENIA AND NORTH LAKES PARKS AND APPROVED BY THE CITY COUNCIL, CITY OF DENTON, TFXA3, DECEM13FR 6, 1977. CLAUDE SMITH EXCAVATION WILL BE THE ASPHALT SUn- CONTRACTOR PC).4 .3522 8 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials♦ supplies, machinery, equip- ment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, tho Special Conditions, the Notice to Bidders (Advertisement for Olds), Instructions ' AMPRICAN FIDELITY 'FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY ' KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Co oration In the State t. f New York, having its princi a1 office in Woodbury, State of New York, pursuant W the following resdulion, adopted by the Board of Directors of the add Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver it power of attorney constitutin j as Attorney-In-Fact such persons, firms or corporations as such officers may select from time to time," does hereby make, constitute and appoint: J. FRANK MURPHY and/or THOMAS J. HUMPHREYS of DALLAS, TEXAS Its true and lawful attomey(s)-indact, with full power and authority herebyy co,iferred In Its name, place and stead, to sign, execute, acknowledge and deliver in Its behalf, and as Its act and deed, as follows,: Specifically and only on bonds executed having Guarantee Indemnification of the SMALL BUSINESS ADMINISTRATION In an amount not exceeding $250,000.00 as to any one project, for or on behalf of this Company, in Its business and In secor• dance with Its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the sets c l Attorney-[n-Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has ca;s!d these presents to be signed by Its President and/or Vice-President, and Its Corporate Seal to be affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY ~LI~WI } 7 Luther H. Williams, Pres!dent State of New York County of Nassau I as. On this 12th day of July, 1977 before the subscriber, a Notary Public of the,State of New York In and for the County of Nassau duly commissioned and qualdited, came Luther H. Williams of the American Fidelity Fire Insurance Company, to me personally known to be the Individual and officer described herein, and who executed the preceding instrument, and acknowl• edged the execution of the arms, and being by me duly sworn deposed and said, that he Is the officer of add Company aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the add Instrument by the atthority and direction of the sdd Corp. oration, and that the resolution of said Company, referred to in the preceding Instrument, is now In force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and at Axed my official seal at Woodbury, New York the day and year above written. No Pubtic ELIZABETII M. ROSELLE NOTARY PUBLIC, State of New York No. 30.8643116 alifted In Nassau Coui mmisslon Expires Mar 30,1978 State of New York Countyc-Nauru ss. CERTIFICATE I the undersigned Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of the btate of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney vid Certificate of Authority retrains In full force ad hu not been reroked; and furthermore, that the Resolution of the Board of Directors, as set forth fn the Certificate of Authority, us now In force. Signed and Beaded at the uld Company, at Woodbury, New York, dated this 29th day of,,, , DECEHBCR ......19.M. IIILUIIII _ ~~satant Secriliq .i T% M/H SO 11/71 1 NOW, TEEI'-.nRE, Tf the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of two (2) years, as herein and in said contract provided, then 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 continuing one against the Principal and Surety and that successive recoveries may be had hereon for suc- cessive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the ob- ligation to maintain said work shall continue throughout said maintainance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said DENTON CONSTRUCTION CWWANY as Contractor and Principal, has caused these presents to be execu ed by _ AMERICAN FIDELITY FIRE INSURANCE and the said AMERICAN FIDELITY FIRE INSURANCE COMPANY as suretyq has caused these presents to be executed by is Attorney-in-fact J, FPAIII~ MURPHY and the said Attorney-in-fact has hereunto set his hand this the t day of DFCFHDER , 19 77 SUFOY: PRINCIPAL; AMERICAN FIDELITY FIRE INS, CO. DENTON CONSTRUCTION COHPA,NY eY I 10V 3061 FRANK MURPHY _ r„Aa~ _ 1ILMAINANCE BOND THE STATE OF TEXAS WJNTY OF DEIM 6 lQ4M ALL BY THESE PRESENTS: THAT DE TON CONSTRUCTION COMPANY as Princips , an AHERICAN FIDELITY FIRE INSURANCE COMPANY a corporation authorized to do business in the State of Texas, as surety, do here- by acknowledge themselves to be held and bound to pay unto the City of Denton a municipal corporation of the State of Texas, its successor and assigns, at Denton, Denton County, Texas the sum of THIRTY Qjg THOUSAND I HUNDRED FIFTY ONE AND 50/100----------- dollars 31,551. 0------- , 50 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: W.HEFF,S, said DENTON CONSTRUCTION COMPANY has this day entered into a -written contract with the said City of Denton to build and construct TWO PARKING LOTS, DENA AND NORTH LAKE PARK MW-contract an the plans an srecifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, specillcations, and contract, it is provided that the Contractor will maintain and keel in good repair the work therein contracted to be done and performed for a period of two (2) years from the date of acceptance thereof and do all necessary backfilling that may became necessary in ccmection therewith and do all necessary work toward the repair of ao de- fective condition gracing out of or arising from the improper construction of tha improvements cent-mplated by said Contractor on constructing the same or on account of improper axcavation or backfi.lling, it beirZ understood that the pur- pose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improve- ments it is agreed that the City may do said work in accordance with said con- tract and supply such r.iaterials and charge the same b;*ainst the said Contractor and its surety on this obligation, and said Contractor and surety Tall bo sul,- ject to the damages in said contract for each day's failure on the part of said Contractor to canply with the terms and provisions of said contract and this bond. or INSURANCE CI'T'Y OF DENTON INSURANCE MINIMUM MQUIRE7E7V`I5 ` Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY I. WORMENIS CO[TENSATION STATUTORY 1 II. (XMPRE HENSIVE GENERAL LIABILITY Bodily Injury $100,000 $300,000 Each persai Each person Property Damage $ 50,000 $100,000 Each accident. aggregate III. OCMPREHENSIVE AUTOMOBILE LIABILITY Bodily InJu y $100,000 $300,000 Each person Each person Property Damage $1000000 Ee^h accident A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY naming the City of Denton as insured with the following limits: Bodily InJury: Property Damage: y100,000 each person $ 50,000 each accident $300,000 each accident $100,000 aggregate Covering the work to be performed by the Contractor for the City of Denton. S. The Contractor will furiyish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before coarencing any woN . under the contract to which this insurance applies. s CITY OF DtaTON ' CERTIFICATE OF INSURANCE , THIS IS TO CERTIFY THAT THE RATION RITIIMIhL11SInsurance rCompany of Rock Island Ill. has issued policies of insurance, as described • below and identified by a policy number, to the Insured named below; and to certify that such policies are in full force and effect in the State of Texas. It is agreed that none of these policies Will be cancelled or changed so as to affect City of Denton written .City notice Hall, Desuch ntON Texas,tion or this Certificate deuntil livered n to lO the days after change has be 1. INSURED: DENTON CONSTRUCTION COMPANY AND DENTON PRECAST INC. 2. ADDRESS:-„~?'O'Pox 1526, - Denton, Te•.as 76203 1 3. STATUS OF INSURED: Corporation M Partnership 0 individual Q k. DESCRIPTION OF OPERATIONS:_ o tractors INSURANCE POLICIES IN FORCE POLICY EFFECTIVE EXPIR.',TiO?I LIMITS OF LIABILITY COVERAGE NUMBER DATE CA T= Is IlORK4EN I S ~ ..tTUTQRY COMPENSATION HC536538 6-4-7 6-4- 8 II., COMPREHENSIVE A. Each GENERAL OA 810544 6-4-77 x-4-78 person $ 500,000 LIABILITY Each Al Bodily Accident $--200 ,000 Injury B. Each 1B Property Accident $ 2S0.OOn Damage Aggregate 250,000 III. COhlPRBIIENSIVE A. Each AUTOMOBILE Person 250,000 LIABILITY` GA810544 6-4-77 6-6-78 AEach ccident $--LO 0,000 A. Bodily - Injury B. Ench B. Property Accident $ 250,000 Damage * COMPREHENSIVE AUTOMOD{LE LIABILITY INSURANCE. includes AL1. cubed, hired, or non- owned automotive equipment used iu coni%ection with the in.-mve d opt-ritiuus. 12/21/77 Bituminious Casualty Corporation Date Naw of insurance ComItarn +thorl4ed Itelsi v nta ive URPHY-HUHPHREY b ASSOCI ES DALLAS, TEXAS Addresn oI Authurived Itapi&'t,,-wativi- 'AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation In the State of New York, having Its princippal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the aald Company on the 18th day of February, 1869, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of atton.il constituting as Attomeydn•F.ct such persons, firms or corporations as such officers may select from time to time," does hereby make, constitute and appoint: J. FRANK MURPHY and/or THOMAS J. HUMPHREYS of DALLAS, TEXAS its true and lawful attomey(s)-lndact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf, and as its act and deed, as follows: Specifically and only on bonds executed having Guarantee Indemnification of the SMALL BUSINESS ADMINISTRATION In an amount not exceeding $250,000.00 as to any one project, for or on behalf of this Company, In Its business and in accor• dance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANGCOMPANY thereby, and all of the acts of said Attomey4n•Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, the American F1delily Fire Insurance Company has caused these presents to be signed by its President and/or Vice-President, and its Corporate Seal to be affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY Luther H. Ailliams, President State of New York ,s. County of Nassau On this 12th day of July, 1977 before the subscriber, it Notary Public of the State of New York In and for the County of Nassau duly commissioned and qualiired, came Luther H. Williams or the American Fidelity Fire Insurance Company, to me personally known to be the Individual and officer described herein, and who executed the preceding Instrument, and acknowl- edeed the execution of the tame, and being by me duly sworn, deposed and said, that he Is the officer of said Company aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said lustrument by the authority and direction of the said Corp- oration, and that the resolution of said Company, referred to in the preceding Instrument, is now In force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. U4 No Public ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30-8643115 QQuualified in Nassau Coon Commisslon Expires Marc 30, 1978 State of New York County of Nassau ss. CERTIFICATE 1 the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of the Mate of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate or Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority are now in force. Signed and Sealed at the said Company, at Woodbury, New York, dated this„28if!,day of,,,„ DECEMBER :1977 Q,ESUI1tL Arlstant Secretary Tx M/H 260 tan) 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 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 MREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of DECEMBER , 19 77 DENTON CONSTRUCTION COMPANY AMERICAN FIDELITY FIRE INS. CO. Principal - Surety I M K Title Title ATTORNEY-IN-FACT AddresWa 9fir/ X51 ~ Address (SEE BELOW) czzG ~ . 0 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: TEXAS SURPLUS LfNES AGENCY 1111 W. MOCKINGBIRD #925, DALLAS, TX 75247 Note: Date of Bond must not be prior to date of Contract. pN-~`1l0- 117ti043 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS E KNOW ALL MEN BY THESE PRESENTS: That DENTON CONSTRUCTION COMPANY of the City of DENTON County of DENTON ; and State of TEXAS as PRINCIPAL, and AMERICAN FIDELITY FIRE INSURANCE 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 CITY OF DENTON s as OWNER, in the penal sum of SIXTY THREE THOUSAND ONE HUNDRED THREE AND NO/100 Dollars ' ($63,103-00 ) for the payment whereof, the said Princ pa and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of DECEMBER . lg 77 , for the construction of _ TWO PARKING LOTS, DENA AND NORTH LAKE PARK which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW9 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in 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 Article 5160 of the Revised Civil Statutes of Texas as amended y acts.of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be detennined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in __DENTON County, State of Texas. • • . AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY t KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Comppany, a Co ration in the State of New York, having its principal office In Woodbury, State of New York, pursuant to the to ]owing resdution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer desiEnated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Atwmey-In-Fact such persons, firms or corporations as such officers may select from time to time," does hereby make, constitute and appoint: J. FRANK MURPHY and/or THOMAS J. HUMPHREYS of DAI:.AS, TEXAS Its true and lawful attorney (s)-in-fact, with full power and authority hereby conferred In Its name, place and steed, to sign, execute, acknowledge and deliver in its behalf, and as Its act and deed, as follows: Specifically and only on bonds executed having Guarantee indorrmnification of the SMALL BUSINESS ADMINISTRATION In an amount not exceeding $250,000.00 as to an one project, for or on behalf of this Company, in Its business and In accor• dance with Its charter, and to bind AMERICAN FIDELITY FIRI; INSURANCE COMPANY thereby, and all of the acts or said Attomeyln-Fact, pursuant to these presents, are hereby ratified an i confirmed. IN WITNESS WHEREOF, the American Fidelity Fire insurance Company has caused these presents to be signed by Its President and/or Vice-President, and Its Corporate Seat to be affixed. AMERICAN FID~E~LLIIITT~Y~ ~FIRE INSURANCE COMPANY ll1lSN11S _~=~~~„~J~(WLCGiC~aK~/~ Luther H. Williams, Pr dent State of New York ss. County of Nassau On this 12th day of July, 1977 before the subscriber, a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowl• edged the execution of the same, and being by me duly sworn deposed and said, that he Is the officer of said Company aforesaid, and that the seat affixed to the preceding Instrument Is the Nrporate Seal of Bald Company and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corp- oration, and that the tesauti.n of said Company, referred to in the preceding Instrument, Is now In force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. ` U4 ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30-8643115 ly Qualified in Nassau Court C immisslon Fxplres Mtrcfr 30,1978 State of New York County of Nassau CERTIFICATE I the undersiggnned Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporatl. r of the kate of Newyork, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Cergflcate of Authority a remains In full force and has not been rev, led; and furthermore, that the Resolution of the Board of Directors, as set forth In the Certificate of Authority, are now in force. Sipied and Sealed at the said Company, at Woodbury, New York, dated t1ils.28thday of...... ECEMBE R .,,1977,,,, OALWtL _ Assistant Secretary Tx M/H 250 I9n1 by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this b9nd shall be determined in accordance with the provisions of said Article to the same extent'as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed 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, specifications, or drawings 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, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said'Principal and Surety have signed and sealed this instrument this 28th day of DECEMBER 1977 DENTON CONSTRUCTION COMPANY AMERICAN FIDELITY FIRE INS. CO. Principal Surety V J. FRANK'S Title_ i~aldtn~' Titi~ ATTORNEY-IN-FACT Addressp~./fat/ /S1G Address (SEE BELOW) e. j (SEAL) (SEAL) The name and address of the Resident Agent of Surety Is: TEXAS' SURPLUS LINES AGENCY _ 1111 W. MOCKINGBIRD 19250 DALLAS, TX 75247 NOTE: Date of Bond must not be prior to date of Contract. 0Y1- CAA - DJdyol~ PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS 1 KNOW ALL MEN BY THESE PRESENTS: That DENTON CONSTRUCTION COMPANY Of the City of DENTON , Coi,nty of DENTON , and State of TEXAS , as PRINCIPAL, and AMERICAN FIDELITY FIRE INSURANCE 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 CITY OF DENTON as OWNER, in the penal SUM Of SIXTY THREE THOUSAND ONE HUNDRED THREE AND NO/100------- Dollars ($63,103-00--- for ) for the payment whereof, the said Principal and Surety bind themselves and tL.' 'r heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of DECEMBER 19 77 , for the con- struction of a TWO PARKING LOTS DENA AND NORTH LAKE PARK which contract is 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 duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements in and by said contract agreed and cove- nanted by the Principal to be observed and performed, and according to the true intent 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 pursu,lnt t;, the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended In the event of the award of this bid contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, and to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the ful- fillment of the bid contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Denton Constrtuction Co. (Contractor) ran omasony e i~ e~d'n~-- FlC (Title) E.._%. 816 E. Sycamoxe. P.O. Boy 1526 (Street Address) Seal i Authorization (if a corporation) Denton L Teras 76201 _ (City and State) (817) 382-6751 (Telephone Number) I `It is further agreed that the quantity prices may be increased to corer additional work ordered by the City of Denton, but not shown on the plans or`required by the specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover de- letion of work so ordered. It is understood and agreed that the work is to be completed in full within sixty (60) working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the City of Denton, in the amount of five (5%) percenL; of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the pro- posal, the bidder shall fail to execute a contract and file a performance bond and payment bond within fifteen (15) days after its acceptance; and shall be considered as payment for damages due to delay and other in- conveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of what- ever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PROPOSAL BID FORM BASE BID DENIA PARK AND NORTH LAKES PARKING LOTS - APPROXIMATE QUANTITIES Quantity Description Amount 1. 5950 86y. 5" Asphalt Pavement $_318495.00 2. 2400 l.f. Concrete Curb a Gutter 61956.00 3. 450 s.y. 4' Concrete Sidewalk 3,34 2.00 4. 2l0 s.y. 6" Concrete Pavement 11559.00 5. 44 l.f. Removal of Curb d Gutter 110.00 6. 7416 s.y. Lime Base Preparation 8,151.00 7. 65 tons Type N Lime 31218.00 8. 5665 c.y. Excavation 69232.00 TOTAL BID PROPOSED s x3003.00 r MPOSAL TO THE CITY OF DENTON, TEXAS BTD #8533 FOR THE CONSTRUCTION OF PARKING LOTS AT DENIA AND NCRrd LAKES PARK IN DENTON, DENTON tOUM, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal Es principals are those names herein, that this proposal is made without collusion with any other person, firm or corporationt that i:e has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed works and agrees that he will provide all the necessary labor, ilachinery, tools, apparatus, and other items incidental to con- struction, and will do all the work and furnish all the materials called for in the contract and slecifications in the manner prescribed therein and according to the requirements of the City of Denton. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be incresed or diminished as may be con- sidered necessary, in the opinion of the City of Denton, to complete the work fully as planned and contemplated, and that all quantities of work whether increa3ed or decreased are to be perfor'.ned at the unit prices set fortlu below except as provided for in the specifications. to Bidders, and the Perfrrmance and Payment Bonds, all attached hereto, and in accordance with the plans, which incluues all maps, plats, blue- prints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by' CITY OF.DEIdT N, TEXAS . herein entitled the ENGINEER, each of which has been identi- fied by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTI;ACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time.as are pro-. vided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Con- tract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATCTEST: 8yart ~ f he First Part, OWNER J I MARSHAIZ,C.P.M. PURCHASING AGENT (SEAL) ATTEST: DENTON CONSTRUCTION COMPANY arty of the Second Part, CONTRACTOR !"itANK `1 a PRESIDFNT THOMASON (SEAL) ' f r k 13 t P SINGLE ACKNOWIXI)GAIENT THE, STATE OF TEXAS, BEFORE MF the undersigned COUNTY OF DE-NTON authority. In and for sid nuijt}•J To 1,9, on this day personally appeared...E i.IfO.x...}!0911..eS.s...k!AYP.r... C.f....0!P...C .tY...... /S• I\ and officer.. known tq cps-to be tht ponson [ v+Lose name iS ..subscribed to the foregoing Instrument, and acknowledged tome that Si ` ;execuVd1th t same for the purposes and consideration therein expressed. 'GIVEN U~ 61i:ft'iy I1flND AND SEAL OF OFFICE, This laa day of Te e_Rlb,e T... , A.D. )97.T...... I.I'1,11~~.1,.••.'~v`=' j Notary 1,, ..,........Den.t.011 County, Texas My Commission Expires June 1, 19,........... JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared-. . _ . and . his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the Same for the purposes andconstJeration therein expressed, and the said wife of the said................... ..........................................................having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the sal I acknowledged such instrument to be her Act and deed and site declared that she had viIlingly signed the same for the purposes and consideration therein expressed, aiad that she did net wish to retract it. GIVEN UNDER MY HAND AND SEAL OF 017F;CE, This tt %y of...................................., A.D. 19.......... _ MS.) Notary Public, . ........................................................County, Texas lily Cnmmission Expires June 1, 19.......... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXA", BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared . _ . , wife of . known to me to be the person whose name is subscribed to the foregoing instrument, and Wring been examined by ma privily and apart from her husband, and having the same fully explained to her, she, the said . . acknowledged such instrument to be her act and deal, and the declared that she h:.,; willingly aimed the same for the purooses and consideration therein expressed, wia that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE',This .........................day of..................................., A.D. 19 %1otdry Public, ..................................................County, Texas DIY Commission Expires June 1, 19..._..... ~Oeo co CLERK _ T ICATE THE STATE OF TEXA $ " ,County a COUNTY OF r t, e Clerk of the County Court of e. County, do h~cre It Tly t t the foregoing Instrument of writing dated on the des of_..... , with Its Certificate of Authentication, was filed for record In my ofrice on the day ...............11 A. D. 19.........., at............. o'clock ]11., and duly recorded thls....... dap o[.•.....G~i" . A. D. 19........., at ................o'clock......,....... M., in the 1 ......r~..eRo s d County, in Volume..................., on pages...................... WITNESS MY HAND AND SjAL (SZ sr TjE Ox43 f said County, at office In , the d ri S~Ust above written. list _................y,...._...... A ~nt Clerk ...........Count Taxes. 16 IL) ii Ay , Deputy.. A d a I Al (Ili 1t Al 'il'C f't ;,j l%J w t 1 x ! 6 930 i 0 M d U TT I ~64 e $ a y i " ! .9 A $a I-ACE 754 1 °tat_av_a-rt~t~EeQ=sua.~~ir~in:eE is s¢._Sc~ai•~3clm~d®._7. yAn~riHg____~ - - THE STATE OF TEXAS, KNOW ALL ;IPN BY ~~•~~~"Y'tt~. ~i : COUNTY OF DENTON LEO RECORDS ' 01 That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION of the County of Denton and State of Te xa s , for and in consideration of the cum of --------------------------Ten 6 No/100 ($10.00)................ DOLLARS, to it in hand paid by Ralph Flesher 29955 of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN?, SELL, RELEASE, AND FOREVER QU'T CLA X unto the said Ralph Flesher his heirs and assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described' as follows, to-wit : BEING all of that 16 foot wide utility easement running ,cross the southern side of Lot 1, Block 24, Southridge Addition tri the City of Denton, Denton County, Texas as shown by plat recorded in Volumo S, Page 49 of the Plat Records of Denton County, Texas. TO HAVE AND TO HOLD the said premises, together with all and Singular the rights, privi. leges and appurtenances thereto ~n any manner belonging unto the said Ralph Flesher, his, heirs and assigns, forever, so that neither the said City of Denton, Texas, a Municipal Corporation, its successors X= L>EK nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to tho aforesaid premises or appurtenances, or any part there- , ot, WITNESS my hand at Denton, Texas this • 6th day of December A.D. 19 9 7 Witnomoe at Request of Orantori CITY OF DENTON, TEXAS ; I ATTEST I BY EL'INC1rllum , YDRR~rs'HOLY, T, CITY _ _ 01 CITY SECRETARY \@a-