HomeMy WebLinkAbout01-1983
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IN THE MATTER OF
CITY OF DENTON
CHARLOTTE ALLEN
THE STATE OFTEX AS Roy Appleton, Jr.
County of Denton
beeang duly sworn, says he is the General Manager of the Dentcn Record - Chronicle, a
newspaper of general circulation which has been continuously and regularly published
for a period of not less than one year in..the County of Denton, Texas, preceding the date
of the attached notice, and that the said notice was published in said paper on the follow-
ing dates:
NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION
265 `lines $106.00 JANUARY 21r 1983 _
A
21 January 83
Subscribed and sworn to before me this day of -919 Witness my hand and official seal. C)~ka-
Notary Public, Denton County, Texas
HERE PASTE TIfE NOTICE; HZ'
PUBLICATION CUT FRONT PAPER File No
IN THE MATTER OF THE
AFFIDAVIT OF PUBLISHER TO
PUBLICATION OF LEGAL NOTICE
Fill-d Ihr _
dny
By-
IAputy
j'
- corner, Bald point being Ih° north 34 degrees 31'%Ve$t
northerly northwest corner ' 731.8 feet to the beginning of
PUBLIC NOTICES of the land described in a curve to the right with a
-
-•4y- Ordinance No, )8-28, Exhibit a cu
NOT ICE OF chord bearing and distance
PUEILIC HEARING "C", said point also lying in of north 27 degrees 56' west
ON ONT the southwest right of way IM9 feet, central angle of 14
ANNEXATION N A lineal State School Road; degrees 10' and a radius of
A
NOTICE THENCE wulh 21 degrees 19 2914.93 feet; (4) north.
I S H E R E ES `
GIVEN ALL east along the southwest westerly along said curve an
INTER right of way line of Slate
ESTEDPERSONS THAT; arc distance of 120.73 feel; '
The City of Denton, Texas, School Road, same being the (5) north 20 degrees 21' west
proposes to institute annexa~ present city limits as 815.1 feet to the beginning of
flon proceedings to alter the established by Ordinance No. a curve to the left with a
7828, Exhibll "C", a dis
to add 'Chord bearing and distance
boundary Ilmlfs of said CI'.y.. farce of 172.7 feel to a point of north 16 ndt4rees g and 21' west,
the following de•
• for a corner;
scribed territory to fit., cor. THENCE 39 "609.35 feet, central angle ui
J degrees fill east 11 dei;-ees and a radius of
notate limits of the City of along the southwest right of
!
Denton, lo-•N!f: way line of said road, same 2914.78 toot; (6) north.
All that certain tract or being the present city limlls westerly along said curve an
parcel of land lying and.. arc distance of 610.41 feet;
being situated in Iqe COUn} as No. established by Ordinance (7) north 32 degrees 21' west
OI Denton' S16te of Texas,', distance 8of 69711 ItRetCto a 989.70 feet to the beginning of
and being part of the J. a c-Kve to the right With a
Fisher Survey, Abstract No. i point for a corner; chord bearing and distance
421 Lewis Survey, I along the THENCE 17 degreecity s I limits of north 16 degrees 46' west
Abst, tract t No. 7 s es present 49 feet, central angle of
95 veick69, M.E.P. No. N es 8 established by Ordinance ce 31 796.degrees 10' and a radius of
P.R.R. surPvey,eit
Survey, t distance of 151.7 feet to a
Abstract No. 1018 and the S. point for a corner, said point westerly along said curve an
Hemorle SUrVay. Abstract lying 10 feet west of the arc distance of 806.40 feet;
No. 643 and being more Donlon i orlnth common (9) north I degrees 11' west
ParIkularly described as jurisdiction line and also t 432.7 to the beginning of a
follows: being 10 feet west and 53.7 curve to the left with a chord
dEGI N11NG at a point S fuel bearing and distance of north
east Of a,1d perpendicular to co feet mer of south of the L. Me Young northwest
4 degrees 14'22" west 81.76
The east rof way 12181of Vey, Abstract No. 1451; feet, central angle o1 6 de;
ey Lane (FM 218 THENCE south along the greas 06'43" and a radius o}
said point also lying In the e 1 6 6. 6 3 1 e a t r
present city' limits line as present clly limits as 00northwestorly atcng said
established by Ordlnanc No. established by Ordnance No.
. "C", and 10 curve an arc distance ^.l 81.8
65.43, Tract 111 andf the 7828, Exhibit feet to the pt :x0 of beglnnhlg
southwest corner of ilia ;and feet west of and parallel with and containing 356 acres of
described In Ordlnan(o Np, the Dentomeorlnfh common and, mere or less.
'74357 Jurisdiction lint; a distance 0.. A public hear!ng wNl be held
THENCE south 87 degrees 1651.5 Icef to a point for a by and before the City
39'11" east along the present corner In the north-r1ohl of council of the City of Denton,
city limits as established by way line of Robinson Road, Texas, on the 1st day of
Ordinance No. 7435, a dis- said point also being 25 feet February, 1983, at 3:45 p.m.
lance of 3559 feet to a point north of the, south boundary o'clock on the north side Of
for a corner, same being the line of the S. Hembrie Sur. i Robinson Road approximate''
southeast carrier of the land vey, Abstract No. 643; ly I'sm feat east of the{
described In Ordinance No. THENCE south 88 degrees interseelion of Robinson;
7435 and the west boundary 58' west along the present Road and FfA 2168 (7easiey',,
line of the land described In city limits some being the Lane), for all pers0s Infer.
Ordinance No. 74-34; north right of way line of ested In the above proposed'
"
THENCE south along the Robinson Road and 25 feel annexation. At said llmeand
present cl}y limits as north of and parallel with the place all such per sons Shall'
established by Ordinance No. i Denton Corinth common have the right to appear and
7434, a distance of approxi Jurisdiction !Inc a distance of be heard. Of all said matter
maleIV 1921 fee}, more or ! 830 feet to a point for a and thln05, all persons Inter-
less, to a Writ, same being corner; estod in the things and mat-
the southwest corner of the THENCE west along the ters herein mentioned, v7111
land described In Ordinance north right of way line of take notice.
No. 7434 and the westerly Robinson Road a distance of A Public Hea; Ing will be held I
northwest corner of the land { 4190.78 feet to a point for byand before the CltyF
describO In OrdWance No. corner, sold point lying In the Council of I" Cltyof Denton,
77181 present city limits as Tex" on the 1st day of
THENCE south along the established by Ordinance No. ~ February, 1983, of 7,00
present city limits as 6543, Tract Ili, said point o'clock p.m. In the City
established by OrdlpanwNo.. also lying 5 feet egsl of and Council Chamber. of the
7718, a distance of 2454 legit perpendicular tc the east bidnlclpal Duildfng of the
to a point for a corner, same right of way line of Teasley C(to of Denton, Texas, for .,'r
heing M& southwest corner of lane (FM 2181); persons Interested In th,
the land described in Ordi- j THENCE north and west -above proposed annexation.
nonce No. MIN along the present city limits At said time and place at all
THENCE north 84 degrees which Iles 5 feet neat at and such persons shall have the
19' east along the present parallel with the east right of right to appear and be heard.
city limits as established by way line of Teasley Lane Of all sa+d matters 'and
ordinance No. 7718, a dls- IFM 2181) the (OI101ving 10 things, all persons interested
lenceol 3249.71 feet ton point coursesand distances: M fho things and matters
for a corner, same being the (1)north 2 degrOOS 07' west herein mefitfoned, will lake
snulheasf corner of Ilia land 296.5 feat to the beginning of notice.
descrlbed in Ordinance No, a curve to the left with a Richard O, Stewart
77'18;... chord bearing and dlstancn MByOY
THENCE north 2 degrees 50' of north I8 degrees 19' WOSt. CIIyOf Denton,Tx
east along the present: city 827.25 feet, critical angle of ATTEST:
limits as Oslablished by Or. 32 degrees 24' and a radius of CharloYeAllen
disance No. 77-18, a distance 1482.57 ..feet; (2) north. Cltv3eeraldry
of 192.7 feet to a point for a ( w6terfy along sold curve an J86Us y2li 19!3
,are riloi coal 839,37:. inot.
unnommommommu~
THE STATE OF TEXAS S
COUNTY OF DENTON 3 STREET DEDICATION
DEED RECORDS
That i, E. Deats Headlee, hereinafter known as Grantor, for
and in consideration of the mutual advantage to accrue to the
Grantors and the City of Denton do by these presents dedicate to
the use of the public and the City of Denton, Texas, for the
purpose of streets and utilities the following described
property to-wit:
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 B.B.B. G C.R.R. Company Survey, Abstract No.
186, and also being part of a tract of land as conveyed from
Four M Developers, Inc. to E. Deats Headlee by deed dated March
9, 1978 and recorded in Volume 878, Page 561 of the Deed Records
of Denton County, Texas and more particularly described as
follows:
BEGINNING at the southeast corner of said Headlee Tract, said
✓ point being the northwest corner of Lot 1, Block 3 of the
Headlee Addition;
THENCE north 87040' west along the south boundary line of said
Headlee Tract a distance of 100 feet to at point for a corner;
THENCE north 2018' east 100 feet west of and parallel to the
east boundary line a distance of 167.5 feet to a point for a
corner;
THENCE south 87040' east along the north boundary line of said
tract, a distance of 100 feet to the northeast corner of said
Headlee Tract;
THENCE south 2018' west along the east boundary line of said
Het.dlee tract a distance of 167.5 feet to the place of beginning
and containing 0.385 acres of land, more or less.
The ~,ecitation of consideration herein is for the purpose of
providing consideration as required by law to cause this
dedication to be effective and binding on all parties hereto.,
it is intended that the grant and dedication made herein is a
gift to the public and it is contemplated the Grantors herein
will claim for income tax purposes a deduction of Twenty Eight
Thousand Three Hundred Eighty-Five and No/100 ($28,385.00)
Dollars which is the reasonable fair cash market value of the
land embraced within this dedication. This dedication does not
in any way enhance the value of any other property now owned by
a
said grantor.
r r ' f
voi 1217f550
This dedication is further upon the express. condition that
the City of Denton shall construct upon said property a paved,
curbed and guttered street at its sole expense having a minimum
width of six (6) lanes and this portion of the street will not
be opened to the public until that portion of Carroll Boulevard,
from Sherman Drive to this right-of-way dedication is widened to
six (6) lanes.
TO HAVE AND TO HOLD the hereinbefore described property to
the public and the City of Denton, Texas, for streets and
utilities forever. r
01
WITNESS my hand this .:744( day 19-3•
E. DEATS HEADLEE
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the 24~ day
of 19Z_, by E. Deats Headlee.
-It
14
MM~1 NOT Y PUBLIC
M1 DENTON COUNTY, TEXAS
My commission expires:
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THE STATE OF TEXAS9 KNOW ALL MEN BY THESE PRESENTS:
COUNTS OF Denton
pEEU ltEt.:t)Rl 4
THAT E. Deats Headlee 2272
of Denton County, Texas in consideration of the sum of
One Dollar ($1.00) and no cents - - - - - and other good and 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 Dentc n, Texas > the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by him . Situated in Denton County, Texas, in the
B . B . B , & C . R . R . CO- Survey, Abstract No. 4186
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
B.B.B. & C.R.R. survey, Abst. No. 186, and also being part of a tract of
g land as conveyed from Four M. Developers, Inc. to E. Deats Headlee by deed
'dated 3-9-78 and recorded in Volume 878, Page 561 of the Deed Records of
-'°Denton County, Texans, and more particularly described as follows:
Beginning at the northwest corner of said Headlee T'-act, same being
the northeast corner of a tract conveyed to Tex Martin by dead recorded in
?Volume 762, Page 484 of the deed records of Denton County, Texas;
i Thence South 8'1°401 last along the Porth Boundary line of said Headleer,
tract, a distance of 354.59 feet to the Northeast corner of said }leadlee
Tract;
a Thence South 2°181 West along the East boundary line of sari"Headlee
}Tract, a distance of°10 feet to a point for a corner;
Thence North 87 401 West a distance of 354.59 feet to a point for a
:corner in the West boundary line of said Headlee Tract;
Thence North 2°18, East along the West boundary line of said Headlee
~7•' Tract a distance of 10 feet to the place of beginning and containing E'.?
0,08 acres of land more or less.
,
And it is further agreed that the said City of Denton, Texas ,
ht consideration of the benefits above set out, will remove from the property above described, such f;.nces,
buildings and other obstructions as may now be found upon said property,
-a
For the purpose of constructing, reconstructing, installing 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
prendses for urpose o m additIons to, improvements on and repairs to the said public
utilit
any part `
M1 TO D OLIN rito the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness my hand , this the day of uvi , A,b. I9 S4
!
Deats Headlee'
r
S
ACKNOWLEDGMENT VOL
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF _ Denton.,
on this day personally appeared E.,...Deats . Headlee
known to me to be the person whose name _ iS subscribed to the foregoing instrument, and acknowledged to me that
_he,..... executed the same for the purposes and consideration therein expressed,
GIVEIMINILR MY HAND AND SEAL OF OFFICE, This day of\S9nl{u.r..Ly _ A.D. 19.001",
.1,. r...'Vr..11d
1W AM 11111W
NMo Public, in and for the State of Texas.
My Commiss!on Expires
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF.. BEFORE ME, the undersigned authority,
on this day personally apaeared-_ _ ,
_ . .
known to me to be the person.. _...whose name . subscribed to the foregoing Instrument, and acknowledged to me that
.....he....... executed the same for thu purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.................. ....day of.. A.D. 19...........
(L.S,)
Notary Public, in and for the State of Texas.
My Commission Expires
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, f` BEFORE ME, the undersigned authority,
COUNTY OF
on this day personally appeared
_ .............................known to me to be the person and offcer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
a eorporstion, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and In the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..._day of............ A.D. 19........
(LS.)
Notary Public, In and for the State of Texas.
My Commission Expires
C'LERK'S CERTIFICATE
THE STATE. OF TEXAS, . County
COUNTY OF
Clerk of the County Court of said County, do hereby certify that the foreg~o+,in~g In,,strume/nt of writing dated on the
day of..............,................................................., AwRr&'!EXq'wlth its ' WOIfTT F~EFI~Hhenticatfon, was flied for
M., and duly
word in my oMc on the ....................day of...... ..........................,....COUNA OL R s) ton tbb~} "o'clock.
my 'TtlA~1S"
reeordW thte ...................day of...................... ..........................:I.hlf f.ce!tify th.~l3hb,i79tumani,nst.tiled.on.lMscloctc............ .M., In the
rite And time pod her"I,on~~, mma_~/ was duly rr
RejWA 111 VI 'Va8 0P11S5'nlold?etuidi' on Pages.......................
WITNESS MY HAND AND SEAL OF THE COUNTN t##R%WibsifWCearsty; at olkea by. M
.11 . the day and year lsat21-"63
~oo..i as
a County, Texas,
(L S) S , Deputy.
( CnI)MY CLERK, nonton Cau*, Toga/
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THE STATE OF TEXAS S
CONTRACT OF SALE
COUNTY OF DENTON S
THIS AGRF.E':ENT, by and between SOB E. TRIPP and DAVIT) E,
TRIPP, Trustees for the Lab E. Tripp Trust No. 2, hereinafter
called Seller, and the CITY OF DENTON, TEXAS, a municipal
corporation, hereinafter called Purchaser;
WITNESSETH, that the seller agrees to sell and convey, and
the purchaser agrees to purchase upon the terms and conditions
hereinafter set forth, the following described real property:
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 B.S.B. & C.R.R. Co. surv Abst. No. .186, and
also being part of a tract of land as conveyed to Bob E. Tripp
and David E. Tripp, Trustees by deed dated December 29, 1979 and
recorded in Volume 9960 Page 376 of the Deed Records of Denton
County, Texas, and more particularly described as followse
BEGINNING at the most southerly norti;east corner of said Tripp
tract, same being the southeast corner of Evers Park as
described in deed recorded in Volume 596 page 560 of the Deed
Records of Denton County, Texas, said point also lying in the
west right-of-way line of North Locust (P.M. 2164);
THENCE north 88032115" west, along an existing chain link
fence for approximately 350 feet and continuing for a total
distance of 440 feet to a point for a corner;
THENCE north 40018137" west a distance of :34.47 feet to a
point for a corner;
THENCE north 0006142" east passing at approximately 123.61
feet a corner post of a chain link fence and continuing along
said bearing and fence, passing at 232.37 feet the south
right-of-way line of Windsor Drive as described in deed recorded
in Volume 1167 page 100 of the Deed Records of Denton County,
texas, passing at 295.97 feet the north right-of-way line of
said Windsor Drive and continuing for a total distance of 885
feet to a point for a corner, said point lying in the south
boundary line of a tract deeded to the Denton Independent School
District by deed recorded in Volume 1140, Page 234 of the Deed
Records of Denton County,, Texas;
THENCE north 89059103" east along the south boundary line of
said Denton Independent School District Tract a distance of 1.91
feet to a point for a corner, said point being the southeast
corner of said D.I.S.D. tract, said point also lying in the west
boundary line of said Evers Park tract;
THENCE south 0001030" east along the west boundary of said
Evers Park a distance of 751.19 feet to the most northerly
southwest corner of Evers Park
THENCE south 37031129" east Along the southwest boundary line
of said Evers Park a distance of 390.5 feet to the southerly
southwest corner of said Evers Park;
CONTRACT OF SALE-PAGE ONE
1
THENCE' south 87043109" ease: along the south boundary line of
said Evers Park, a distance of 350 feet to the place of
beginning and containing 0.65 acres of land more or less.
1. In contiideration cf the performance of Seller as specified
herein, Purchaser agrees as follows:
a. In accordance with the condition contained in that
certain deed from Bob E. Tripp, Trustee to Purchaser
herein recorded in volume 5910 Page 560 of the Deed
Records of Denton County,Texas requiring Purchaser
herein to provide a hard surface road across the
north end of Evers Park; Purchaser hereby further
agrees to completely curb, gutter, and pave said
street within three years of the date of this
agreement.
b. To improve the existing drainage system north of
Evers Park and west from Locust Street (F.M. 2164)
for 600 linear feet by reshaping, recutting, or
excavating the present drainage system.to contain_
the100 year flood as calculated by City Engineer.
c. To pay for all necessary and reasonable expenses to
update surveys of property affected by this
Agreement.
d. To pay all recording fees, forwarding fees, title
searches, and the premium charged for any policy of
title insurance arising out of this transaction.
1. The Seller agrees to convey to Purchaser marketable fee
simple title to the property free and clear of all recorded and
unrecorded liens, encumbrances, assessments, easements, leases
and taxes except pu',)lic easements and rights-of-way of record.
3. The Seller has executed and handed grant deed, warrant-
ing title to the Purchaser, the receipt of which purchaser
hereby acknowledges aid accepts.
4. Seller warrants that there are no oral or written leases
on all or any portion of the property.
5. This Agreement constitutes the entire Agreement between
the parties and neither party relies upon any wariants or
representations not contained herein.
In wiHtess where f, the parties have executed this Agreement
this day of , 3.983.
BOB TRIPP 6 DAVID E. TRIPP, TRUSTEES,,,,
SELLERS ,
4o'
I P,T TD E• T T E
BOB E. TRIPP TRUST NO. 2 BOB E. TRIPP TRUST NO. 2
CONTRACT OF SALE-PAGE TWO
CITY OF DENTON, TEXAS, FURCHASEk
BY.,
T R S E AR , MAYOW
CITY OF ENTON, TEXAS
ATTEM
L TTE L LENr CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DFNTON, TEXAS
BY:
a,
4'
CONTRACT OF SALE-PAGE THREE
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CITYOf DENTON, TEXAS MUNICIPAL BUILOING / DENTON, TEXAS 76201 / TELEPHONE (817) 5668200
January 21, 1963
Change Order #11- C-48-1188-03
WASTEWATEk TREATMENT PLAN'T' EXPANSION
Mr. Elvin Copeland
Freese & Nichols, Inc.
`811 Lamar
Ft. Worth, Texas 76102
Dear Mr. Copeland: 4
We are enclosing one (1) executed copy of the above-referenced
change order for your files. This change order was approved by our
City Council on Docember 21, 1982.
If you have any questions or comments, please do not hesitate to
contact.me.
Regards, /
C. David Ham, Asst..Director of Utilities
Water/Wastewater Divisions
CDH:cgcr
cc: Texas Department of Water Resources
Austin, Texas
Garacon Construction Company, PO Bx 756
Mesquite, 'texas 75149
f Iles
1595U/l7
CHANGE OR EXTRA WORK ORDER
PROJECT: Wastewater Treatment Plant Expansion
CONTRACT: C-48-.1188-03
OWNER: City of Denton, Texas
CONTRACTOR: Gracon Construction Company
CHANGE ORDER NO. 11 DATE: December 6, 1982
CHANGE OR EXTRA WORK TO BE PERFORMED
1. The Contractor shall furnish and install in the existing 10" Return
Sludge Flowmeter Vault a differential pressure transmitter and
necessary'pressure lines to the existing venturt tube. The Con-
tractor shall connect the flow transmitter to existing wiring in
the vault. Flow transmitter shall be Gould Statham PD-3000-200-12-
11 furnished with a 316 stainless steel service block and zeroing
manifold, D/A Manufacturing Co., Model SBZ-43T. Range of the
transmitter shall be 0-40 to 0-200" of water. Transmitter shall
have TP114 transient protector'and Model BI mounting bracket.
A conduit seal shall be furnished and installed in the conduit to
the transmitter, TOTAL ITEM 1 = $2,140.00
2, Furnish and install all necessary equipment and labor to make the
following additions as shown on attached Plate No. 2:
A. In Motor Control Center "F" (Raw Sewage Pump Station) bypass.
the existing contactor for the sump pump.
B. Furnish and install a duplex pump control on the north wall of
the Raw Sewage Pump Station adjacent to the existing sump
pumps and make all necessary wiring changes to make the system
operable. Pump Control shall be for two'pump down operation
on 460 volts, 3-phase, 60 hertz and equipped with individual
disconnects, across-the-line magnetic starters 3-phase overload
,protection, electrical pump alternates, automatic automatic
transfer to non-operating pump in event of operating pump
failu"e, overload reset, overload reset, hand-off-automatic
selector switch for each pump and 120 volt control transformer
for each pump all housed in a NEMA 0 stainless steel enclosdre.
Pump control shall be as manufactured by Hydromatic.
TOTAL ITEM 2 = $39320.00
3. Furnish the following items of spare equipment to City of Denton,
equipment to exactly match that which is presently in service;
A. Spare Final Clarifier Drive
B. Spare'Primary Clarifier Drive
C. Spare Primary Thickener Drive
D. Spare Motor to Fit Any of Above
TOTAL ITEM 3 = $2,220.00
4. Credit to the City for deficiency in pavement thickness on sludge
drying bed access road east of old concrete drying beds, and for
payment of $1,175 laboratory statement which should have been paid
by Contractor. TOTAL DEDUCT ($6,700.00)
5. Extra cost for pipe and fittings furnished and installed to shorten
time required for plant shut-down,, and raw sewage by-pass,
during the tie-in of the raw sewage force main in December, 1981.
TOTAL ITEM 6 = $4,180.00
Previous contract amount $71752,280.00
Not(increase)(i *w*uk*in contract amount 5,160.00
.
Revised contract amount 7,757,440.00
k'et(increase)(decrease)in contract time of completion No Change
Revised contract time of completion No Change
Recommended by Approved by OWNER
FREESE AND NICHOLS ~
py
C 'Of~ Dlr4rlbu}lent
Approved by CONTRACTOR 1--Own*r
I -Cen}rmc}er
1 • - F. i N, Offteo
8y r I --Res, Env,
L
FREESE & NICHOLS
CONSULTING ENOINEM
Sfreef
Ex /5 f Re burr!
S/uo'g e Pump
5far`ivn
ExiS~ Re~~rr~ S/uo'g~
FYo w Mc ~crs '
Inslo// F/aw ~rarr.9rrai~fcr ~9nd
Con/7ecf 7"0 ~"kisf Wi;-ir,g
RFTURA/ SL UUGC- FLOW 71'AA/S M17-7-e 4
CM 1 OF , 6AJTOAt T~Xr9s
Vt/A'S 7 ~'W.9 ~L`'R TPA 7"ME/V'' T
PZ.ANT e 'XPAAISIOAI
C~honge Order Mo. P!_A TF A/d. /
FREEST& NICHOLS
CONSULTING ENGINEERS
MCC "F''
(h%w Scwayc-,~ Pun;p SA7)
3P
Disconr~ec~ Arid
. x Bypass C'or, r~ocfor
z •
_W~ _ Remove Exist C'or~~ro/
5~ofior~ .4~d 4Uirir7g
L• Recoryr~~et Exist
L e ve/ 0612 fr'o/ Ta
oup/ex pump control
F
15A 16A
• I ~ 3P Q 3P I
s s ~
I I
Altcrno~`or
3~4 (Ex i9t> 4/¢
Ex is
sump Pump,
ONE Z/IVE DIAGRAM -
1 AW , SEWAGE POMP .9- 7A- 770/1/ 51-IMP PIMPS
(Alcw Shows? Darkcned)
Cl r Y OF DEItI TON,, ?"t M5
. WA~T~"WASTER Ti~'EATMEIil7'
PZ Atil T EXPA9/V510AI
c!/AAIGE' ORDER No. 1 ! PLA7,C No. r
. , „
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Yrrlgl tf't
s CERTIFICATE OF INSURANCE
t
THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by
the company or cotnpanies shown below:,
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends of alters the coverage afforded by
the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an
additional insured oil die policy or policies refered to herein.
In the event of any material change in or cancellation of the policy or policies, the company or companies wilt mail ten (I U)
days', written notice to the party to whom this certificate is addressed,
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE;
r REMARKS:
City of Denton Bid li_
215 E. McKinney
Denton, TX 76201
L -Attn: John .1.'Marshall, C.P.M. J
Purchasing Agenc
NAME AND ADDHEoS OF INSURED: n~,,,~,,.{ tw~
Cant ml, Utilit~► SerdoAw irl .I ric, OWple ks & .+4it ws PmW*ive L
P,O, Box 35722 PllAny #540 60033666
H"t o n, TX, 77035 bated lhaged It,
City 66 Denton, 215 Er 14dCi2rw s tkn ,
Polley Effective EKplratlon
Insurance Company Type of Insurance Dan Data LIMITS OF LIABILITY"
Number j
Workmen's Compensation Statutory
and
uoiw Stat*s Fix*
Employers Liabillly Employers Liability Llmlts-§100,000
ILI
- Comprehensive - Bodily Injury
wtw sft aeo Fin General Llabllit
Irpoexe CO. 540 599650 8 1-1-83 1-1-84 s Ea.h Occurrence
.A regale Products
Stott" F~ $ & Cam feted Operations
tMewim Go, %0 6M3306 2-1-83 2-2-84 Pro" 02100111?
$ Each Oeaurrerv:e
§ •AggregatcUperatiom;
S r .Aggregate Protective
$ Aggregate Contractual
.vggregete Yrouucts.
§ 500, OW
B r & Completed Operations
Comprehensive $
ad W SVire Automobile Llabiliry'" S Each Person
§ W 0()0, Each Occurrence
Ensw3we Co, 540 601463 7 1-1-83 Pr Y9rdfdaQa
S Each Occurrence
3
"Abw tee of any aNFroprlate entry means no such Imuranco Is In force. NAME AND ADDRESS OF ACE`iCY f T i
• !Covers sit ov+ned, non-owned or hired vehicles,
1YM"r-BAkw Lr ~ Ai y,1
P,O, UK 66507 I
"44 77266
AGENCY refe+red to above. 1
CI-2
CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
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 L
1. WORKMEN'S COMPENSATION STATUTORY
II. COMPREHENSIVE GENERAL LIABILITY
Bodily Injury $300t000 $300,000
Each occurdnce Aggregate
Property Damage $100,000 $100,000
Each accident Aggregate
III. COMPREHENSIVE AUTOMOBILE LIABILITY
Bodily Injury $2509000 $500,000
Each person Each accident
Property Damage $100,000
Each 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
$100,000 each person $100,000 each accident
$300,000 each accident $100,000 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 the following page to
the City of Denton for Its approval. Insurance must be accepted
before commencing any work under the contract to which this
insurance applies.
CI-1
0024b
:Y/ ~Y .iYW 2-tFr.
POLE LINE INSPECTION
CENTRAL UTILITY SERVICES, INC.
P.O. BOX 35722
SOUTH POST OAK STATION
HOUSTON, TEXAS 77035
December 13, 1982
Purc'uasing Department
City of Denton
215 E. McKinney
Denton, Texas 76201
Dear Sirs
Enclosed is our bid on your inquiry #9078 for Treatment of Utility Poles.
In accordance with item three of Instructions to Bidders we are enclosing
our general specification for, this work which has been acceptable for all
of our customers for several yearst and the following specific differences
from your specification are noteds
1.1 'rhe preservative listed is a recent variation of the ingredients for
0smoplastin. Our treatment is a, greaso containing ten per cent penta and
twenty per cent borate. There are numerous studies indicating that a penta
grease is the beat formulation and that the addition of borate enhances the
effectiveness. Enclosed as Enclosure C are reports on an extensive testing
of groundline preservatives by the U. S. Forest Products Lab, done at the
behest of REA. The results for every period and location showed penta grease
as superior and after seventeen years Pol Nu penta grease had no failures,
Androc a oreo-penta grease had ten per cent failures and Osmoplastic had
forty per cent failures.
1.2 Our foremen-inspectors will have at least one year satisfactory
experience in their job.
10 The reason for the work tKA developed fumigAnts was to find a more
effective means of treating internal decay and insect attacks in place of
the ineffective liquid treatments, so we no longer use the liquid. We
fuiaigate internal defects.
2,1 5,3 3.4 5.5 Same as above
2.1 No access adder charge
5.6 Our standard wrapper is twenty inches wide.
7.1.1 and 7.2 Sample of tags and reporting form are enclosed.
r
D PA 2
Rek %rdinf item five of the contract form for the subnission of a list of
similar work done in the past five yearst
We are about to begin our thirteenth consecutive year of treating jole for
Texas Power & Light Company which includes all the area around Denton with
a few poles on highway 380 appearing to be in the pity. Other companies
that have been customers during the last five years include Texas Electric
Service Company, Dallas Power & Light Company, West Texas Utilities Company,
Houston Light & Power Company, Gulf States Utilities Company, Central Power
adn Light Company, New Era Electric Cooperative and others. In your vicinity
we are presently doing poles for TP&L around aherman and for TESCO at
Saginaw and Fort Worth.
Your consideration is appreciated.
Sincere yours
0 .%F~atrick",_5xeene~
Encl
CPS/me
' PURCHASING DEPARTMENT
City of 0anton BID INVITATION
215 East McKinney St.
Denton, texas 76201 CITY OF DENTON, TEXAS
Date 11/30/82 Acct./W.O. No,
BID NUMBER 9078
TITLE TREATMENT OF UTILITY POLES
Sealed bid proposals will be received until 2:00 p.m.
December 16, 1982 , at the office of the
Purchasing Agent, Municipal Blgd., Denton, Texas 76201
For addltional informatlon contect Tom D. Shaw, C. P , M.
Ph, 817/6898311 or 0/FW Metro 817/267-0042.
JOHN J, MARSHALL, C.P.M.
Purchoshtg Agent
INSTRUCTIONS TO BIDDERS
1, Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late
proposals will be returned unopened.
2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely
sealal envelope, and addressed to the Purchasing Department, City of Denton, 216 E, McKinney St., Denton, TX. 78201.
3. Any submitted article deviating from the spaclflcatlons must be Identified and have full descriptive data accompanying
same, or It will not be considered,
4. Alf materials aro to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or-as otherwise Indicated.
6. The City of Denton, Texas reserves the right to accept separate Items in a bid unless this right Is denled by the bidder.
8. In case of default after bid acceptance, the City of Denton, Texas may at Its option hold the accepted bidder or con•
tractor liable for any and sit resultant increased costs as a penalty for such default.
7, The City of Denton reserves the right to reject any and all bids; to waive all Informstities, and require that submitted
bids remain In force for a sixty (110) day period after opening or until award is made: whichever comes first.
8. The quuntitles shown are approximate and may very according to the requirements of the City of Denton throughout
the contract period,
9. The Items are to be priced each net. (Packaging or shipping quantities will be considered,}
10, The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or
questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent.
11. Any attempt to negotiate or give Information on the contents of this bid with the City of Denton or its representativos
prior to award shall be grounds for disqualifications,
12. The conditions and terms of this bid will be considered when evaluating for award,
13. The City of Denton is exempt from all sales and axe'se taxes. (Article 20.048)
BIO NUMBER 9078 BID PROPOSALS
2 of 20
.
ITEM STOCK NUMBER DESCRIPTION QUAN. PRICE AMOUNT
1. 2,500 poles - Treated $ 11.80 $
2. S001poles - Treated reject $ 11.80 _
3. 300ipoles reject $ 9.90
4; 250`poles - reported $ ,80 $
5. 200 poles - Sound & bole $ 2.60 $
6. 150; poles - Fumigant treated $ 6400 $
NOTt:
Quote unit prices on labor, material & equipment
for performing inspection & treatment of utility
poles for the City of Denton in accordance with
Pole Inspection & Treatment Agreement as per the
enclosed copy for a period of one (1) year. Upon
acceptance & approval of bid, the enclosed agree-
ment be filled out & executed by responsible
members of both parties. Do not fill in blanks
or sign any part of the attached Pole Inspection
& Treatment Agreement. Fitt out only the informa-
tion requested on this page - which becomes part
of the Pole Inspection & Treatment Agreement.
All prices quoted are firm for a period of one
(1) year from date of bid award. Bidder must
quote on all items listed to establish unit
prices. Quantities shown are for bid tabulation
purposes only. Actual quantities will depend
on work orders given by the Electric Distribution
Department and results of on-site inspections.
~ 77 f ia.
TOTALS
As req
Mylrom recelpt of order. Terms net .
We quote the above f.o.b. Denton, Texas. Shipment an be made In
unless ottwwia Indicated.
In submittinq the above bid, the vendor agrees that acceptance of any or ell bid item by the City of Denton, Texas within a
ressorable period of time constftues a contract.
P 0 Box 35722 Central Utility Services. Inc.
MMIMI Add""
Houston, Texas 77235yit~ridwS~+oeney{'..;:
city mate ZI9 sw4tu,e
713 988 1114 manager
Tol""Ona Tift J
44
4
f
THE STATE OF TEXAS $
AGREEMENT TO COMBINE AND AMEND
COUNTY OF DENTON $ THREE OFFICE LEASES
WHEREAS, the City of Denton, Texas, a municipal Corporation,
hereinafter referred to as "Lessee", and Joan Cohagen, acting
individually and Rickye Earl Coleman and Patricia Pennington,
acting as Executors of the Estate of Earl L. Coleman,
hereinafter referred to as "Lessors", have heretobefore entered
into three (3) separate Oil'ice Lease Agreements, copies of which
are attached hereto; and
WHEREAS, said agreements, provide for the leasing of office
space within a common building at 324 East McKinney, Denton,
Texas and for annual amendments of said agreements for the
purpose of redetermining and adjusting the rental payments of
said office space on the same or similar terms for each
agreement; and
WHEREAS, Lessee and Lessor is entering into the amendment
for the periodic redetermination and adjustment of rental
"payments provided for in each of said three agreements, desire
" for the convenience of said parties to combine said agreements
into one lease agreement on tho same terms and conditions as
provided in said agreements, except as to the amount of rental
payments, which are to be adjusted in accordance with said
agreements,
NOW, THEREFORE, the Lessors and Lessee hereby agree, to
combine the three separate Office Lease Agreements, which
commenced in April 1, 1981, April 15, 1981 and August 10 1981,
respectively into one office Lease Agreement, said prior
agreements remaining in force and effect until 12:00 o'clock
midnight of December 31, 1982 and then being superseded in tito
by thn following Office Lease Agreement, ` which shall be
effective 12:00 o'clock midnight of Janary 1, 1983, and shall
read as follows:
~k PANE I
a
THE STATE OF TEXAS §
OFFICE LEASE AGREEMENT
COUNTY OF DENTON §
This lease agreement is made and entered into by and between
the City of Denton, Texas, a municipal corporation located at
215 East McKinney Street, Denton, Texas ("Lessee"), and Joan
Cohagen, an individual residing in Denton County, Texas, and
Rickye Earl Coleman and Patricia Pennington, Executors of the
Estate of Earl. L. Coleman ("Lessors").
In consideration of the mutual covenants and agreements
herein set forth, and other good and valuable consideration,
Lessor does hereby demise and lease to Lessee, and Lessee does
hereby lease from, Lessor, office space, comprising 6,465 square
feet of usable space, located on the first floor of the building
at 324 East McKinney, Denton, Texas, and hereinafter, called the
"leased premises".
ARTICLE 1.
The term of this lease shall commence on January 10 1983,
and end at 12:00 midnight on April 14, 1986, subject, however,
to earlier terwination as hereinafter more particularly
described.
Lessor shall on the commencement date of the term of this
lease as hereinabove set forth, place Lessee in quiet possession
of the leased premises and shall secure it in the quiet
possession thereof against all persons lawfully claiming the
same during the entire lease term and any extensions thereof.
ARTICLE 2.
Lessee will pay Lessors, at 326 East McKinney street,
Denton, Texas, as rent for the leased premises, the sum of Four
Thousand Four Hundred Eighty-Three Dollars and Sixty-Seven Cents
a. (1$4,483.67) each month for twelve (12) months from the
cri ncement of the term of the lease, in advance on the first
x' day of each month.
PAGE 2
s
I
Lessor and Lessee further agree that beginning in each
October of 1983, 1984 and 1985, both parties in good faith shall
make a periodical redetermination and adjustment of future
rental payments based only upon an actual increase in ad valorem
and insurance premiums on the leased premises incurred by
Lessors, and a cost-of-living, increase not to exceed five
percent (5%) per year. Such adjusted or redetermined rental
payments as agreed upon between Lessors and Lessee shall begin
and be effective on January 1 of the following year and shall be
effective for a period of twelve (12) months. Any such increase
in rental payments shall be based upon a separate written
amendment to be attached and incorporated herein for all
purposes. Failure to agree to a specified amount of rental
payments by December 31st of each year listed above shall
constitute a termination of this lease and Lessee shall have
ninety (90) days in which to vacate the premises.
It is further understood and agrees by and between the
parties hereto that the Lessee may cannel and terminate this
lease upon sixty (60) days written notice to Lessor in the event
that funds to carry out the purposes and obligations of the
lease baeome unava;.~ 1)le or are suspended, cancelled, or
terminated by the City Council of the City of Denton.
ARTICLE 3.
j' Lessee will use the leased premises only for office purposes
and -restrict their use to such purposes unless Lessor or
Lessor's authorized agent, shall give Lessee prior written
consent for a different use.
Lessor agrees that at all times the Lessee and public shall
}s,
' havR easy, convenient, and unobstructed access to the leased
premises including reasonable available parking.
ARTICLE 4.
ter{
Eye
Lessee acknowledges that its acceptance of possession of the
leased promises constitutes a conclusive admission that it has
~S: , PAGE 3
inspected the leased premises and has found them in good
condition and repair. Lessee agrees to surrender the leased
premises to Lessor at the end of the lease term in the same
condition as when Lessee took possession, allowing for
reasonable use and wear and damages by act of God, including
fire and storms.
ARTICLE 5.
Lessee shall pay for all utilities furnished the leased
premises for the term of this lease, including electricity, gas,
water, and telephone services. usual janitorial and maintenance
services including sweeping and waxing of floors, the cleaning
of windows, replacement of light bulbs or fluorescent tubes
shall be performed by Lessee.
ARTICLE 6.
Lessee, at its expense, assumes all maintenance including
minor and major repairs to the leased premises for the first
twelve (12) months of the lease term. Thereafter and until, the
end of the lease term, Lessee shall be responsible for only
minor maintenance and Lessor shall be responsible, at her
expense, for all major maintenance of the leased premises so
that I.he premises will haves
(a) effective waterproofing and weather protection of
roof and exterior walla, including unbroken
windows and doors caused by natural hazards and
normal wear
(b) a satisfactory foundation and structural frame to
maintain the leased premises) in condition fit for
its intended user
(c) building, grounds, and appurtenances at the time
of the commencement of the lease in every part
elsan, sanitary, and free from all accumulations
of debris, filth, rubbish, garbage, rodents, and
vermin, and all areas under control of Lessor
thereafter kept in every part clean, sanitary, and
free from all accumulations of debris, filth,
rubbish, garbage, rodents, and vermin:
Lessee will assume responsibility for all repairs resulting
from damages caused by the Lessee and any equipment or
# remodeling work performed by the Lessee. Lessee will also
y PAGE 4
assume responsibility for all major plumbing repairs such as,
but not limited to, a sewer line collapse. Lessee will also
assume all responsibility for repairs to air conditioning and
heating systems for the leased premises until the termination
of this lease.
AR'T'ICLE 7.
Lessee shall not make any alterations, additions, or
improvements to the leased premises without the prior written
consent of Lessor. Consent for nonstructural alterations,
additions, or improvements shall not be unreasonably withheld
by Lessor. Lessee shall have the right at all times to erect
or install furniture and fixtures provided that Lessee complies
with all applicable governmental laws, ordinances. and
regulations. Lessee shall have the right to remove at the
termination of this lease such items so installed) however,
Lessee shall, prior to the termination of this lease, repair
any damage caused by such removal.
ARTICLE 8.
Partial destruction of the leased premises shall not render
this lease void or voidable, or terminate it except as herein
provided. If the premises are partially destroyed during the
term of this lease, Lessor shall repair them, when such repairs
can be made in conformity with local, state, and federal laws
and regulations within sixty (60) days of the partial
destruction. Rent for the premises will be reduced
proportionately to the extent to which the repair operations
interfere with the normal conduct of Lessee's business on the
premise.a. Tf the repairs cannot be so made within the time
limited, Lessor has the option to make them within a reasonable
time thereafter not to exceed thirty (30) days and continue
this lease in effect with proportional rent rebate to Lessee as
provided for herein. If the repairs cannot be so made in sixty
(60) days and if Lessor does' not elect to make them within the
PAGE 5
reasonable time thereafter, either party hereto has the option
to terminate this lease. If the building in which the leased
premises are located is more than one-third (1/3) destroyed,
Lessor may at his option terminate the lease whether the
premises are damaged or not.
ARTICLE 9.
Lessee agrees not to assign or sublease the premises
leased, any part threof, or any right or privilege connected
therewith, or to allow any other person, except Lessee's agents
and employees, to occupy the premises or any part threof,
without first obtaining the Lessor's written consent. Lessee's
interest in this lease is not assignable by operation of law,
nor is any assignment of his interest herein, without Lessor's
written consent.
ARTICLE 10.
Lessor shall pay and fully discharge all taxes, special
assessments, and governmental charges of every character
imposed during the term of this lease or the leased premises or
any part thereof.
ARTICLE 11.
Lessee shall have the right to erect signs on any portion
of the leased premises including, but not limited to, the
exterior walls of the building. Lessee shall remove all signs
at the termination of this lease, and shall repair any damage
and close any holes caused by such removal.
ARTICLE 12.
Lessee shall permit Lessor and his agents to enter into and
upon the leased premises at reasonable times for the purpose of
inspecting the same or for the purpose of maintaining or making
repairs or alterations to the building.
ARTICLE 13.
I,. If during the term of this lease or any extension or
renewal thereof, all of the leased premises should be taken for
PAGE 6
any public or quasi-public use under any governu,ok, -41 law,
ordinance, or regulation, or by right of eminent domain, or
should be sold to the condemning authority under threat of
condemnation, this lease shall terminate and the rent shall be
abated during the unexpired portion of this lease, effective as
of the date of the taking of said premises by the condemning
authority.
If less than all of the leased premises shall be taken for
any public or quasi-public use under any governmental law,
ordinance, or regulation, or by right of eminent domain, or
should be sold to the condemning authority under threat of
condemnation, this lease shall not terminate but Lessor shall
forthwith at his sole expense, restore and reconstruct the
building and other improvements, situated on the leased
premises, provided such restoration and reconstruction shall
make the same reasonably tenantable and suitable for the uses
for which the premises are leased. The rent payable hereunder
during the unexpired portion of this lease shall be adjusted
equitably.
Lessor and Lessee shall each be entitled to receive and
retain such separate awards and portions of lump sum awards as
may be allocated to their respective interests in any
condemnation proceedings. The termination of this lease shall
not affect the right of the respective parties to such awards.
ARTICLE 14.
Lessor will not permit any mechanics' lien or liens to be
placed upon the premises or the building or improvements
thereon during the term hereof, and in case of the ,filing of
any such lien Lessor will promptly pay same. If default in
payment thereof shall continue for twenty (24) days after
written notice thereof from Lessee to Lessor, the Lessee shall
y..
have the right and privilege at Lessee's option of paying the
} same or any portion thereof without inquiry as to the validity
r§,,
t PAGE 7
thereof, and any amounts so paid, including expenses and
interest, shall be an indebtedness hereunder due from Lessor to
Lessee and shall be repaid to Lessee Emmediately on rendition
of bill therefor, together with interest at nine (98) percent
per annu%V until repaid.
ARTICLE 15.
Lessor is expressly given the right to assign any or all of
its interest under the terms of this leasel provided., however,
that Lessor agrees to give thirty (30) days written notice to
Lessee of such assignment including the name and mailing
address of such assignee.
ARTICLE 16.
If Lessee shall allow the rent to be in arrears more than
fifteen (15) days after written notice of such delinquency, or
shall remain in default under any other condition of this lease
for a period of thirty (30) days after written notice from
Lessor, Lessor may at its option, with notice to Lessee,
terminate this lease and take possession of said premises
without being deemed guilty of any manner of trespass, and
relet the 'premises or any part thereof, for all or any part of
the remainder of said term, to a party satisfactory to Lessor,
and at such monthly rental as Lessor may with reasonable
diligence be able to secure. Should Lessor be unable to relet
after reasonable efforts to do so, or should such monthly
rental be -less than the rental Lessee was obligated to pay
under this lease, or any renewal thereof, plus the expense of
reletting, then Lessee shall pay the amount of such deficiency
to hegsor.
ARTICLE 17.
` If Lessor defaults in the performance of any term,
f k'
covenant, or condition required to be performed by him under
this agreement, Lessee may elect either one of the followings
PAGE 6
1 1
(a) After not 'L.ess than fifteen (15) days notice to
Lessor, Lessee may remedy such default by any
necessary action, and in connection with such
remedy may pay expenses and employ counsel; all
sums expended or obligations incurred by Lessee
in connection therewith shall be paid by Lessor
to Lessee on demand, and on failure of such
reimbursement, Lessee may, in addition to any
other right or remedy that Lessee may have,
deduct the costs and expenses thereof from rent
subsequently becoming due hereunder; or
(b) Elect to terminate this agreement on giving at
least thirty (30) days notice to Lessor of such
intention, thereby terminating this agreement on
the date designated in such notice.
ARTICLE 18.
Should Lessee, or any of its successors in interest, hold
over the premises, or any part thereof, after the expiration of
the term of this lease, unless otherwise agreed in writing,
such holding over shall constitute and be construed as tenancy
from month to month only, at a rental equal to the rent payable
for the last month of the term of this lease plus fifty (50%)
percent of such amount. The inclusion of the preceding
sentence shall not be construed as Lessor's consent, for Lessee
to hold over.
ARTICLE 19.
All notices provided to be given under this agreement shall
be given by certified mail or by hand delivery, addressed to
the proper party, at the following address:
LESSOR: LESSEE:
Joan Cohagen G. Chris Hartung, City Manager
326 East McKinney 215 East McKinney
Denton, Texas 76201 Denton, Texas 76201
ARTICLE 20.
(a) This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs,
executors,# administrators, legal representatives, successors,
and assigns where permitted by this agreement.
(b) This agreement shall be construed under and in
accordance with the laws of the State of Texas, and all
PAGE 9
l
1
1
obligations of the parties created hereunder are performable in
Denton County, Texas.
(e) In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision thereof and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never
been contained herein.
(d) This agreement constitutes the sole and only agreement
of the parties hereto and supersedes any prior understandings
or written or oral agreements between the parties respecting
the within subject matter.
(e) No amendment, modification, or alteration of the terms
hereof shall be binding unless the same be in writing, dated
subsequent to the date hereof and duly executed by `he parties
hereto.
(f) The rights and remedies provided by this lease
agreement are cumulative and the use of any one right or remedy
by either party shall not preclude or waive its right t. use
any or all other remedies. Said rights and remedies are given
in addition to any other rights and parties may have by law,
statute, ordinance, or otherwise.
(g) No waiver by the parties hereto of Lny default. or
breach of any term, condition, or covenant of this lease shall
be deemed to be waiver of any other breach of the same or any
other term, condition, or covenant contained herein.
(h) in the event Lessor or Lessee breaches any of the terms
of this agreement whereby the party not in default employe
attorneyG to protect or enforce its right hereunder and
prevails, then the defaulting party agrees to pay the other
party reasonably attorneys' fees so incurred by such other
party.
.
PAGE 16
1
1
1
(i) Neither Lessor nor Lessee shall be required to perform
any term, condition, or covenant in this lease so long as such
performance is delayed or prevented by force majeure, which
shall mean acts of God, strikes, lockouts, material or labor
restrictions by any governmental authority, civil riot, floods,
and any other cause not reasonably within the control of Lessor
or Lessee and which by the exercise of due diligence Lessor or
Lessee is unable, wholly or in part, to prevent or overcome.
(j) Time is of the essence of this agreement.
IN WITNESS WHEREOF, the undersigned Lessor and Lessoe
hereto execute this agreement as of the day and year first
above written.
CITY OF DENN LEN LESSEE JOAN COHAGEN,
RICKYE EARL COLEMAN AND
PATRICIA PENNINGTON, LESSORS
BY:
G. CHR S AR UN
CITY MANAGER
tRICYE tEAL APPROVED AS TO LEGAL FORM. LlG2~
N
C. J. TAYLOR, JR. COLEMA
CITY ATTORNEY _ A
PATRICIA PENNINGTON
BY.
47-
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PAGE 11
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STEWART TITLE OF DENTON COUNTY, INC.
FORMERLY JAGOE ABSTRACT COMPANY, INC.
NAOMI ALLEN P. 0. BOX 267 • DENTON, TEXAS 78201 An" Cod. 6173674616
PrM1d.M Metro 4363611
January 5, 1983
City of Denton
Denton, Texos 76201 RE; Our GF B-8719
Purchase from The Fort Worth
National Bank, Trustee
Attention: Roger Wilkinson
Dear Roger:
Attached please find Owner's Title Policy No. 0 1521412 A, covering the above
captioned transaction in the insured amount of $6,650.00.
Please let us know if we may be of any additional assistance to you in this or
any other matter,
Yours very truly,
STEWART TITLE OF DENTON COUTNY, INC.
BY: 11~1,40~ (it 'l tj
C1
LL/Ifl
enc.
T-1 Owner Polloy-Form Prescfibed by State Bnerd of Insurance of Texas-Revised 7.1.1950,
g. 54gagg!
v
J ` J4 W
GF B-019
S, TF`WAIVIT TITLE
ryry ' I 01f A R A N ' l ' Y COAT l ' I N V
I
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{ , } STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby !
Z. } } guaranteo to the Insured (as herein defined) that as of the date hereof, the Insured has good and Indefeasible title to the i
a i estate or interest In the land described or raforrad to in this policy,
I ,
t
9~9 I i The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and In no event shall k t
d I the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its
{ own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest In the land,
or any part thereof, adverse to the title to the estate or interest In the land as hereby guaranteed, but the Company shall i
3 r not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep• 1
tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and
} Stipulations hereof. The party or parties entitled to such defense shall vrithin a reasonable time after the commencement
of such action or proceeding, and In ample time for defense therein, give the Company written notice of the pendency of
l the action or proceeding, and authority to defend, Thu Company shall not be liable until such adverse Interest, claim, or I
I `I right shall have been hold alld by a court of last resort to which either litigant may apply, and if such adverse Interest, i
claim, or right so established hall be for less than the whole of the estate or Interest in the land, then the liability of the !
Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that
i the adverse Interest, claim or right established may bear to the whole estate or interest in the land, sr.ch ratio to be based !
! t on respective values determinable as of the date of this policy. In the absence of notice as aforosa;d, the Company is re-
lieved from all liability with respect to any such interest, claim or right, provided, however, that failure to notify shall not }
I prejudice the rights of the Insured if such Insured shall not be a pal ty to such action or p -oceeding, nor be served with pro.
I cess therein, nor have any knowledge thereof, not In any case, unless the Company shall be actually prejudiced by such }
1 failure,
1 }
} Upon sale of the estate or Interest In the land, this policy automatically thereupon shall become a warrantor's policy }
i and the Insured shall for a period of twenty-five years from the date hereof remain fully protected according to the terms 1
I hereof, by reason of the payment of any loss, he, they or It may sustain on account of any warranty of title contained In the 1
transfer or conveyance executed by the Insured conveying the estate or Interest in the land, The Company shall be liable
i under said warranty only by reason of defects, bens or encum!,rances existing prior to or at the date hereof and not excludes }
i either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this f olicy, !
I {
I }
I }
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its
Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized }
{ countersignature, as of the date set forth In Schedule A.
h
!
STEWART TITLE {
I GUARANTY COMPANY } lo!
I Chairman of the Board
President 1
! Countersigned:
t~ ;
STEWART TITLE OR DE ON COUNT , IN
1 L/` ~
•`r,V~0152J 1412--
59 1 (Rev. 7 .180;
GENERAL CONDITIONS AND STIPULATIONS
1, Definitions Insured were a purchaser for value without knowledge;
The following terms when used in this policy mean: or the homestead or community property or survivorship
(a) "land": The land described, specifically or by rights, if any, of any spouse of any Insured.
reference, In Schedule A, and improvements affixed thereto
which by low constitute real property, 3. Defense of Actions
(b) "public records": Those records which impart (a) In all cases where this policy provides for the defense
constructive notice of matters relating to the land, of any action or proceeding, the Insured shall secure to the
(c) "knowledge": Actual knowledge, not constructive Company the right to so provide defense in such action or
knowledge, or notice which may be Imputed to the Insured proceeding, and all appeals therein, and permit it to use, at
by reason of any public records, its option, the name of the Insured for such purpose, When.
(d) "data The effective data, including hour if specified, ever requested by the Company, the Insured shall give the
(e) "insured": The insured named in Schedule A and, Company all reasonable aid In any such action or proceeding,
subject to any rights or defenses the Company may have in effecting settlement, securing evidence, obtaining
had against the named Insured or any person or entity who witnesses, or defending sucli action or proceeding,
succeeds to the interest of such named Insured by operation (b) The Company shall have the right m select counsel
of law as distinguished from purchase, any person or entity of its own choice whenever it is required to defend any
who succeeds to the interest of such named Insured by action or proceeding, and such counsel shall have full control
operation of law as distinguished from purchase Including of said defense,
but not limited to the following; (c) Any action taken by the Company for the defense
(i) heirs, devisees, distributees, executors and of the Insured or to establish the title as Insured, or both,
administrators; shall not be construed as an admission of liability, and the
(III the successors In Interest to a corporation resulting Company shall not thereby be hand to concede liability or
from merger or consolidation or the distribution of the assets waive any provision of this policy,
of such corporation upon partial or complete liquidation;
(lit) the partnership successors in Interest to a general 4. Payment of Loss
or limited partnership which dissolves but does not terminate; (a) No claim shall arise or be maintainable under this
(iv) the successors In interest to a general or limited policy for liability voluntarily assumed by the Insured in
partnership resulting from the distribution of the assets of settling any claim or suit without written consent of the
such general or limited partnership upon partlal or complete Company.
liquidation; (b► All payments under this policy, except payments
(v) the successors In interest to a joint venture made for costs, attorney fees and expenses, shall reduce the
resulting from the distribution of the assets of such joint amount of the Insurance pro tanto; and the amount of this
venture upon partial or complete liquidation; policy shell be reduced by any amount the Company may
(vi) the successor or substitute trustee of a trustee pay under any policy Insuring the validity or priority of any
named in a written trust Instrument; or Ilan excepted to herein or any Instrument hereafter executed
(vii) the successors In interest to a trustee or trust by the Insured which is a charge or Ilan on the land, and the
resulting from the distribution of all or part of the assets of amount so pald shall be deemed a payment to the Insured
such trust to the beneficiaries thereof, under this policy,
(c) The Company shall have the option to pay o~ settle
2, Exclusions from the Coverage of this Policy or compromise for or In the name of the Insured a iy claim
This policy does not insure against loss or damage by insured against by this policy, and such payment or tender of
reason of the following: payment, together with all costs, attorney fees and xpenses
(a) The refusal of any person to purchase, lease or lend which the Company is obligated hereunder to pay, shall
money on the land, terminate all liability of the Company hereunder as to such
(b) Governmental rights of police power or eminent claim, Further, the payment or tender of payment of the
domain unless notice of the exercise of such rights appears in full amount of this policy by the Company shall terminate
the public records at the date hereof; and the consequences all liability of the Company under this pollcy.
of any law, ordinance or governmental regulation including, (d) Whenever the Company shall have settled a claim
but not limited to, building and zoning ordinances, under this policy, all right of subrogation shall vast in the
(c) Any titles or rights asserted by anyone including, Company unaffected by any act of the Insured, and it shall
but not limited to, persons, corporations, governments or be subrogated to and be entitled to all rights and remedies of
other entitles to tidelands, or lands comprising the shores or the Insured against any person or property in respect to such
beds of navigable or perennial rivers and streams, lakes, bays, claim. The Insured, If requested by the Company, shall
gulfs or oceans, or to any land extending from the line of transfer to the Company all rights and remedies against any
mean low tide to the line of vegetation, or to lands beyond person or property necessary in order to perfect such right
the line of the harbor or bulkhead lines as established or of subrogation, and shall perms! the Company to use the
changed by any government, or to filled-In lands, or artificial name of the insured in any transaction or litigation
Islands, or to riparian rights, or the rights or interests of the involving such rights or remedies.
State of Texas or the public generally in the area extending
from the line of mean low tide to the line of vegatlon or their 6, Policy Entire Contract
right of access thereto, or right of easement along and across Any action, actions or rights of action that the Insured
the some, may have, or may bring, against the Company, arising out of
(d) Defects, liens, encumbrances, adverse claims against the status of the title insured hereunder, must be based on
the title as Insured or other matters (1) created, suffered, the provis'ons of this policy, and all notices required to be
assumed or agreed to by the Insured at the dateof this policy, ylven the Company, and any statement in writing required to
or (2) known to the Insured at the date of this policy unless be furnished the Company, shall be addressed to It at P. 0,
disclosure thereof In writing by the Insured shall have been Box 2028, Houston, Texas 77001,
made to the Company prior to the date of this policy; or loss
or damage which would not have been sustained If the 6. This policy is not transferable.
srF1:WART,r1TLH
GUARANTY COMPANY
TA Owners Po lay Schedules - Form rercr Ibeo Ny State Board of Insurance of TOX91 1970
1f1-1/583 SCHEDULE A
1982 1tATFl
bF No, B-8719
Owner Policy No.: 0 1521412 A Date of Policy: January 4, 1983
NAME INSURED:
CITY OF DENTON.
Amount of:
SIX THOUSAND SIX HUNDRED FIFTY AND NO1100 ($6,650.00) DOLLARS.
1. The ostate or interest In the land insured by this policy is: (Fee Simple, Loaschold, Easement, Etc, Identify or Describe)
FEE SIMPLE,
2. The land referral to In this policy Is described as follows;
SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION,
CUAAANTY COMPANY
1
6812
T•1 Owners Policy Schedules - Form Proscribed by Stale Board of Insurance of Texas - Revised 7.1.1980
SCHEDULE B
Policy No,, 0 1521412 A
This policy is subject to the Conditions and Stipulations hproof, the forms and conditions of the leases or
easements insured, if any, shown in Schedule A, and to tho following matters which are additional OKCOptions
from the coverage of this policy,
1. Restrictive covenants affooling the land described or referred to above.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any
overlapping of improvements.
3. Taxes for the year 19 82 and subsequent years, and stusequent assessments for prier years due to
change In land usage or ownership.
4. The following lion(s) and all forms, provisions and conditions of the mstmrnont(s) creating or owdonctrng
said lion(s): NONE.
5. Rights of parties in possession.
6. Oil and Gas Lease dated September 9, 1981 executed by The Fort Worth National
Bank, Trustee to Derrick Petroleum Inc., for a primary term of 3 years recorded
in Volume 1110, page 545, Deed Records, Denton County, Texas, an amended in
Volume 1129, Page 863 Deed Records, Denton County, Texas.
7. Easement dated April 25, 1968 executed by The Fort Worth National Bank, Trustee
to Texas Power & Light Company, filed May 1, 1968 under Clerk's File No. 3785.
8. Eaeetr,ent dated August 25, 1956 executed by W.T. Evers to Texas Power & Light
Company, recorded in Volume 427, Page 125, Deed Records, Denton County, Texas.
9. Easement dated September 9, 1955 executed by W.T. Evers to Texas Power & Light
Company, recorded in Volume 418, Page 393, Deed Records, Denton County, Texas.
10, Any visible and apparent roadway or easement over or across the subject property,
the existence of which does not appear of record.
11. Easement dated August 16, 1982 executed by The Fort Worth National Bank, Trustee
to Texas Municipal Power Agency, recorded in Volume 1163_, Page 996, Deed records,
Denton County, Texas.
12. Any portion lying within a road or used for road purposes.
17. Protrusion of property line beyond fence as shown on survey dated June 1, 1982 by
Gary W. Hammett, Registered Public Surveyor.
`s..
CouurAW64n,tr;
STIWAAT TITLE OF DWON COUNTY, INC.
~~r4.[1 t! v`~. GUARANTY COMPANY
Autnwitod C6ue elvnolur*
ai
t.u.-
Conlinoation Form 203-A•1
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 1521412 A
All that certain tract or parcel of land situated in the
Myer s-Brummett-Johnson Survey, Abstract 1699, Denton County,
Texas, being a part of a, certain (called) 514,46 acre tract in
the W.T. Evers Estate recorded in Volume 399, rage 539, Deed
Records of said County,, and being more fully described as
follows: I
CO~LlENCING at the Southwest corner of a' 51.470 acre tract
described in a deed from John Porter Auto Sales, Inc. to David
H. Steiner, et ux, recorded in Volume 797, Page 41, Deed
Records of Denton County, Texas at a steel pin on the South
boundary line of Jim Christal Road;
THENCE N 00 08 W with the west boundary line of said 51.470
acre tract a distance of 85.82 feet' to a nail in the middle of
Jim Chris tal Road;
THENCE N 760 12 46" W with the middle of Jim Christal Road a
distance of 408.71 feet to a nail;
THENCE S 890 16 36" W with the middle of Jim Christal Road a
distance of 923.25 feet to a nail;
THENCE S 190 06' 38" w a distance of 26.6 feet to a steel pin
in a fence on the South bound:ry line of Jim Christal [toad at
the place of beginning;
THENCE S 190 06' 38" W with the West boundary line of an
existing T.Y. & L. power easement a distance of 254.0 feet to a
point for a corner;
THENCE S 890 03 00" W a distance of 200 feet to a point for
a corner;
THENCE N 00 57' 00" W a distance of 238.59 feet to a point
for a corner in a fence on the South boundary line of Jim
Christal Road;
THENCE N. 890 03' E with the South boundary line of Jim
Christal Road a distance of 287.13 feet to the plane of
beginning and containing in all 1.33 acre of land.
ST6 TITLE AN1y COMPANY,
U O 0' YO
POLICY No. 0 1$22 1~ p2 A
COItiIttUATION OF CT EMU A
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~i.'-, Y U. 'ter':.:-'1 'r t r 7-,w F rv MI
THE STATE OF TEXAS S
FUNDING AGREEMENT
COUNTY OF DENTON S
WHEREAS, the City of Denton recognizes and supports the need
for community activities and programs that provide recreational
and social functions for the citizens of the Cityr and
WHEREAS, the Senior Citizens Domino Club is organized and
operates to provide such services to the City; and
WHEREAS, said Senior Citizens Domino Club has requested and
shown a need for fi►sancial support for its activities;
NOW, THEREFORE, the City of Denton, hereinafter referred to
as City and Senior Citizens Domino Club, enter into the
following agreement:
1. In consideration of the services provided to the citizens
of the community, the City agrees to pay to Senior Citizens
Domino Club One Hundred Dollars ($100.00) per month, said funds
to be used exclusively for janitorial services by said Senior
Citizens Domino Club at its meeting place, Razor Hall, 301 South
Locust Street, Denton, Texas.
2. The period of funding shall be from January 1, 1983 to
January 11 1984.
CITY OF DENTONj TEXAS SENIOR CITIZENS DOMINO CLUB
BY: BYs~. -1 G~~lL lrI`~
G. CHRIS H UNG ~In RECTOR l UU--
Owl
CITY MANAGER
APPROVED AS TO LEGAL FORMS BYs
C. J. TAYLOR, JR. DIRECTOR
CITY ATTORNEY
BY: BY: 40
DI C R
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66-'R;z7')
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02
THE STATE OF TEXAS, Vol 8 72 I AGE 76
KNOW ALL DIEN BY THESE PRESENTS:
COUN'T'Y OF DENTON f) DEE0 RECORDS
THAT HENRY S. MILLER CO., TRUSTEE j
of Denton County, Texas , In consideration of the sum of
One Dollar ($1.00)------------------------------- and other good and valuable consideration
in hand paid by the City of Denton, Texas recoipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas , they) *K
KM uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property, for the purposes stated herein,
owned by it Situated in Denton County, Texas, in the
C. Poullalier Survey, Abstract No, 1006
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 C. Poullalier Survey, Abstract
No. 1006 and also being part of a tract of land as conveyed from John M. Avinger, et al
to Henry S. Miller Co., Trustee by deed dated November 16, 1976, and recorded in
Volume 812, Page 235 of the Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING at the northwest corner of said tract, same being a point in the south right of
way line of FM 2181 (Teasley Lane);
THENCE south 890 13' east along the north boundary line of said tract, same being the
south right nf way line of FM 2181 (Teasley Lane) a distance of 8.0 feet to a point for
a corner;
THENCE south 20 10' west 8 feet east of and parallel with the west boundary line of said
tract a distance of 1218.39 feet to a point,
THENCE south 10 05' west 8 feet east of and parallel with the west boundary of said tract
a distance of 1318.78 feet to a point for a corner in the south boundary line of said tract
THENCE north 890 west along the south boundary line of said tract a distance of 8 feet to
the southwest corner of said tract;
THENCE north 10 05' east along the west boundary line of said tract a distance of 1319.1
feet to a point;
THENCE north 20 10' east along the west boundary line of Isid tract a distance of 1217.9
feet to the place of beginning and containing 20,'296,28 square feet of land, more or less;
And it is further agreed that the asid the City of Denton, Texas )
In consideration of the tent fits above set out, may remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property) provided however that the
replace them in the same condition.
For the purpose of constructing, installing, repairing, and perpetually maintaining public
utilities including water, sewer, gas, telephone, and electric. Aboveej o~ugno ff cilll ties
ifi upon an
"shall be placed along the western edge of this easement
across said promises, 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 sorose
said promises for the purpose of making additions to, impmvemAnts on and repairs to the said pub 1 i c
utilies.
any part thereof,
TO RAVE,AND TO HOL,U unto the said as aforesaid fov
the purposer's;foresaW the premises above described.
Witness '`hand ,this the /'P01( &Y of A. D. 198 .
;/)OP- WO
_ Hen S. Miller C Q. Trustee
l
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF-..-----
In and for said County, Texas, on this day personally appeared-....~J..~~~-.! • -
`.i...{
noWn to hte'to be the person........ whose namo,.,,.et....... .subscribed to the foregoing instrument, and acknowledged to me
tha~i:~..... h'e.'.,,:.,-executed the same for the purposes and consideration therein expressed,
G1,VE?'q `UNDER 51Y HAND AND SEAL OF OFFICE, This ....11'~!f of , AID.
r.+ti. 1 %t ) Yub...................
Notary lic .....County, Texas
My Commission Expir
JOINT ACKNOWLEDGMENT
THk STATE OF TEXAS, l BEFORE ME, the undersigned authority,
COUNTY OF -._.........J
In and for said County, Toxns, on this day personally uppcured------ ........W
_ ° - ,and._..__.._...._...-..._............
his wlfo, both known to mo to bo the persons whose names are subscrlbed to the foregoing instrument, and acknowledged
to me that they each executed the sane for the purposes and consideration therein expressed, and the said........................
wifo of the said _ having been
examined by me privily and apart from her husband, and 'caving the sano fully explained to her, she, tho said
acknowledged such instrument to be her act and deed
and aho declared that she had..w11.....1hcgly..signe..d the...... sa..me for tha purposua acct considoration thoroin expressed, and that
she did not wish to retract it,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of..-__..____..._........... AM. 19........
(L,S.)
Notary Public County, Taxes
My Commission Expires June 1, 19...,....
WIFT'S SEPARATE' ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF
In and for said County, Texas, on this day porsomkily appeared
nving been examined by y me privily
known to mo to bo t}w person whose name ie subs ribed to theefoegoing' instrument, and h... ~
and apart from her husband, and having the name fully explained to her, she, tho said........... .
acknowledged such instrument to be her act and deed, kind
she declared that aho had willingly signed tho lane for the purposes and consideration therein expressed, and that she did
not wish to retract it,
GIVEN UNDER MY HAND AND SEAL OF OFFICE,Thia ............................day of................,..................., A .D. 19.........,..
Notary Public, ......................................................County, Texas
My Commission Expires June 10 19............
CLERK'S CERTIFI~t
THE STATE OF TEXAS, rExas COUNTY OF pENIt}N
I .......................Lclll7J.ik.t'.:61iKr~sn~oa••fa+,rq•;•fcans.~............, County
COUNTY OF I hrrrby cosily in r rla u,,l.ura:et vros Wed on 14
Clark of the County Court of said County, do hereby certify thatdth'd lio4~blrl'~l' ihltrtttnbn0 ad dwndt{baI risked o~ the
A. D. 19 cod d iu Or olur'i n pryz pI I }>a~1 Altwidkss filed for
....................day of............................... , of IY 6:464"4 +t5 ~ sQ+nrptb h`egeon
y me,
record in my office on the ....................day of.................................................., A. D. 19.... , at....... .o'clock ......M., and' duly
recorded this ....................day of.............................. ....................................:..A. D. 19....0 a ~P'%lock....... ...M,, in the
........................Records of sal o o in Volume..,........,......., on paged ....,...,..t
WITNESS MY HAND AND SEAL OF THE COUNTY COURT G9 n e. .
the day and year Ia° ritte 1. 1......'
....................~{>t1MIY 0lERN~ t)enton Caanty;'7+g1g......................
County Clerk_ .........................................................County, .Texas.
(L S.) By Deputy.
FILED i i
isi" J 2 T* 4
I V M C ,lE .
~ .SI d)t w b n
U
CS'
7, io
G .-1; - ~ 2 _ _ , 7{a~.nxl~.lf+lu`a,3rur +fn:AEkau.d~uvnW;. tAIt17.Y.alw(luaarxLn.,_!~{3 _ _
prr1-i241T_:C1',I(~l Q~ U-_5l1 t'7io<le~
i~dl 11 S' r'~{, OF ~rE, 1~►~ VOL' ` ~OPdG~ VO
KNOW All MET BY THESE PRrSENTS:
COUN'iY 01" DEN'" REG(")$ n(~ ~ ~7
That 'ehe City of Denton, Texas, a Municipal CorporaL'.ipn
of tho County of Den ton omd Stato of Texas , for and in consideration of
Clio 8111o of I
EighL'een Thousand Two ilundr.ed fifty--Two and No/00 ($].8,252.00)-DOLLARS, i
to it hi hand paid by R. 11. Investments (T. M. Stingley)
of the County of Denton and State of Texas , the receipt of which
is hereby acknowledged, do, by those presents, BARGAIN, SELL, RE'LEASb;, AND I'OREVD,R
QUIT CLABI unto the said R. H. Investments (T. M. Stingley)
his heirs and assigns, all its right title and interest in and to that certain tract or par.
eel of land lying in the County of Denton and S.tµte'tLWToxas, described as follows,
to-wit:
All that certain 0.4125 acre .Lot, tract or parcel of land situated in the
City of Denton, Texas in the A. Hill Survey, Abstract No. 623, Denton
County, Texas and being part of a tract of land deeded to the City of )
Denton and recorded in Volume 767, Page 426, Deed Records of Denton
County, Texas and being more particularly described as follows:
BEGINNING at the most wesLei:ly southwest corner of Lot 1 of the Myrtle
Addition as recorded in Cabinet p, Page 231, Plat Records of Denton
County, Texas, an iron pin set in the ground;
THENCE south 8903311211 east with the south line of said Lot 1 a distance
of 127.03 feeL to an iron pin set-at a corner of said Lot 2;
t,
THENCE south 00030' west and passing the northwest corner of Lot 2 'und
the most easterly southwest corner of Lot 1, Myrtle Addition at 9.99 feet y
and continuing a total distance of 70.0 feet to an iron pin found at theta
southwest corner of said Lot 2 and also being the northwest corner of at'
tract of land deeded to Charles Hopkins recorded in Volume 9160, Page 860,1
Deed Records of Denton County, '.texas; !
THENCE south 00031122" west with Hopkins west line a distance of 212.86
feet to a 4 inch pipe found at Hopkins southwest corner;
THENCE north 23°40'44" west a distance of 309.93 feet to the point of
I'
beginning.
i
E
TO IIAVE AND TO 1IOLD the paid premises, together with all and singular the rights, privi.
:leges and appurtonnnees thereto In any manner belonging unto the said R. H. Investments t I
(T. M. Stingley), his
heirs and assigns, forever, so that neither the said
City of Denton, Texas, a Municipal Corporation, its successors
XWK ` ;l ZOL% nor any person or persons claiming under it shall, at any time hereafter,
have cinim or demand any right or title to the aforesaid premises or appurtenances or anY part there-
of. h
Y'
a
~L hand at Denton, 1ex'~s this
~,;1W
i Pty
A. D. 18 83
'„i~, N, 1v Vay of January
S
tiiatn CITY OF ENION, T XA5
q8 (tit 11c14,fe.hGrantor; _ J
ATT a t' ' Jy tS i I3.X_,- ! t
1
LIAR ~ iI', j f
R IT
CHARr~07"~'fl ALLEk j CITY SECRETARY y
A~rMip- .M.~~1>41 M. ;,N-.w » 1i 'rl..Sil - .iq5 a...•.• .dr ,.L. wa rt 1{ mkt
INC11;.,It.?I(i\0`tv1:.I.ax;SI1:N'C_
THP., STATE' OF TEAAS,
COUNTY OF _ . blaN PON MFORE ME, thu miulomigned authority,
• e
In and for snit (:ottnly,'1'oxu::, on this Jay l rrs, nr,lly ry)pc•nrJ,(1 Richard 0. St ewart:, 1`' ayol of;
the City of , D,enton, '.PcxaS, a Municipal •,Cq porc-t#;.)oi.)
& officer
known to nu. to br. the prrel. n /who::r ❑m c i S rt1lu•ed1wd (o the forcgotng ilirtrmnent, and acknowledged to nto that
he _._..execnted tlar same f,~r• Ihr' purpo•e~ :ond corIt;idvr;ttiI~n thcrcin ex. ressed.
GIVEN UNUIf%Jt 111' HAND AN I;AJ, O1. {}Fhl('i;, This ~rSr`O dtn of j7 4_ , 1,1).
10
3.
anOd1, Paf 16v>fwa~drlea,suwoJrr+ ((\\%CNJ` l
I¢ullogty~'adE{Acl%1 N'ot;u !'abbe DBlli 011 Count loxas
LOOS 3.1.1 V31' My C omnussib r Expires June 1, 10.......
THE STATH O 'lyh Xj%S
COUNTY OF.. $ BEFORE I11Is, lire undersigned authority,
In and for Fuld County, Texas, on thr day per Ronnlly appeared
and
his wife, bath known to mr, to be thr, poisons whose names arc subscribed to the foregohr9 instrument, and oclcitoyyl(Agul to
mo that they ench executed the sumo for the pur pot es and consitkrit ion therein expressed, mad the suld - - .
_ , wife of the snit having been
exumincd by me privily and apart rrora her hur;hand, ruin having the sums rutty explained to her, she, the said... .
acknowledged such Jnstrmnent to he her act and deed and
she declared 11ha1 rho had willingly signed the sumo for the porposcs and ctashtevation thcrohr expressed, and that sho did
not wish to retruct it,
G1VJ;N UNDER My HAND AND SEAL OF OFFICE,'lhts (illy of- A.D. 19............
Notcrry Public, ,•....County, Toxns
)Iy Commission ENpirea June 1, 10.........•..
WIFE', SEPARATE ACENOWLEDU1 ENE
THE STATE 01" TEr'XAS
COUNTY 0i'._..... I31?1r0ItJ; ,117„ 1hr. undcrsiluuid authority,
In and for said County, ToNas, on Ihtti Jay petsonnlly al,peared
krioua to mo to he the pawl whose n..mo is subseribe,l to the forc:,r In„ lusty (snout, and having been cNnmmed by me privily
and npnrt from her hushand, and haulm; the sumo fully eNplcfiucd to her, ehW, the said : r
nckn(jNalccil;od mwh instrument to be her act and deed,, and
sho doclared that ,he had wllhns ly dglIP4 11)04 mac rue Ila p.trpnseS said .ronsiderntiun theroin expressed, and that she did
not wish to ratxact it.
GIVEN UNDRR ATY HAND AND r3BAI, OE' UFE`JCE,Thls day of.................... A. D. 10
(G.SJ)
Notary_J'ublic . -.............County, '!'eras
bly Commission I:Npires Juan 1, 10..........
CLEMICS CERTIFiCATI'ly
THE STATE OF TEXAS, Comity
COUNTY 011':•_... r,
~enWoyy,f tvrJling rimed oil thu
reY Cotn•t of Said Comity, do hereby Ace 1)rtify 1J that
with the with forekritt.oinCerg Certificate instruTa&
day of
cekd in n y County
T
the..:..... ......day of . 'tulYn;~ticnUou, was Illed for
A. D 19 , nrlj_ Iii., trod duly
recorded this day of A. D 10 ,et~iE ? ;~T,✓t 'Yr ....M, in the
Records of h.drE f;ouitty, In V ltnno.. r)t`uKce
1VITNIESS MY HAND AND SEAL OF TIIM COUNT' COI;R`l' of said Co, ~y aii"e eo flh>%4l. A'IN r,..%.............
the day mid year last:dioro °ysjLl'
. y, a~eN a ;r~fp
Comity Clerk: r'n......
H
I 6
S~j f E~ fri .1 JCl 1 lfilhb t ti I M
p k' W t ] t7 i Le i U W
~ZE H ~ ~h 1St l~'t s)~ fiV ~E~f31 I ~ 2 1 `s°
H' N W r $ I ~Ft x
'i Fl
d „ ' df x
4 01
1 J
cyl
l M I I N
r
CONTRACT AGREEMENT
pie .
STATE OF TEXAS
COUNTY OF Denton
THIS AGREEMENT, made and entered into this A/ day og
A.D., 19 d by and between The City of Denton, Texas Q~
of the County of Denton and State of Texas, acting through the
City Manager thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Don M. Howard Company, P.O. Box 568
of the City of Sanger , County of Denton
and State of Texas , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETII: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), the uaid 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:
Alternate Proposal for Bid 119096 as submitted by the Don M. Howard Com any
for the total amount of $39,595 dollars, the lump sum to be paid only after
the total of all projects are completed, approved and accepted by the City of
Denton, and The Archectural Collective. This condition of payment is in place
of the Performance and Payment Bonds orginally required.
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, equipment, 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 to Bidders, all attached hereto, and
in accordance with the plans, which includes all maps, plats, blueprints, and
other drawings and printed or written explanatory matter thereof, and the
Specifications therefor, as prepared by The Arc(lect+irol Collective , Inc,.
308 North Carroll Street, Denton, Texas 76201
, all of which are made a part hereof and collectively
evidence and constitute the entire contract,
The CONTRACTOR hereby agrees to commence work for each separate
project as divided by the Construction Superintendent by written notice and
to substatially complete all work within the time stated in the proposal,
subject to such extensions of time as are provided by the General and Special
Conditions, In no way should each projer.t be delayed more than five working
days to commence work.
The OWNER agrees to pay the CONTRACTOR in current funds the price
or prices shown in the proposal, which forms a part of this contract, such
payments to be subject to special conditions of this contract.
In WITNESS WHEREOF, the parties of thses presents have executed
this agreement in the year and day first above written.
ATTEST.
- The City of Denton, Texas
Patty of th Firs Pa t, OWNER
r
(SEAL)
ATTEST:
Don M. Howard Company
Party of the Second Part, CONTRACTOR
Title. vast a~ H,_
(SEAL)
APPROVED AS TO FORM:
n.+%
ty Attbrney
r
CONTRACTOR'S PROPOSAL
CENTRAL POLICE STATION
221 North Elm
Denton, Texas
Gentlemen:
Havina carefully examined the plans and specifications for the
Central Police Station, Denton, 'texas, as well as the premises
and conditions affecting the work, I propose to furnish all
labor, materials and equipment necessary to complete the work as
outlined below:
Bid N 9094 Dollars $
9095 Dol.lars $tl, 1vt.
y,
9096 '~SVa-A\k> % Dollars $ Y-1 k-SVI
9097 Dollars $
9098 Dollars $
The undersigned, provided the bid is accepted, agrees to enter
into a contract in accordance with the contractual documents
within ten (10) days gfter contract is awarded. r
. 1_. ~_i . L F 4 L . w ~ t t . L t ww J' T wel. Y,1l~.~t!'Q"'~6~' V". '
yy wsndersi-grrerc2-fa-l~s--k~at-er-
_i L /3 if
n.d6d-kl~e-Qenaet`T'
lA: ~ Y1.<a ii ~ ~r+ i •~'C~ IIrA 1'c= ti:'C f~r~~ ~ CV'•: 5 Y7... C'-~t\a CaR-> r ~
~,ty ti•Z-~~ '+tti~~- ~'!•trf ~`~`-tc~►-... 1'l ~ ~`~-1~~t:~ t'\~'c..w~~-. ~`f.ci\tno+r~
1'Nn .Lj.
Respectfully submittedi
Authorized signature
~ 1' e~y vL..
T a
For i
Name of Contracting Firm
Address:
Telephone:
r_~
~.TSA
City Council Agenda
Summary Sheet
Meeting Datei January 18, 1983
Agenda Ztom Emergency
Subject: Drywall Construction at Central Police Station, Bid #9096.
Summaryt This project was bid on our bid #9096 where we received only
one bid that complied with the bid. The bid was rejected on the
consent agenda. We received an alternate proposal from
Don M. Howard dba as the Don Howard Company for $39,595 dollars.
This was the only proposal we received that was in line with
our original estimate and the estimate by Taylor-Hall.
Action Requiredi Approval of this contract by the Council and authority for the
City Manager to 'execute the contract.
Alternatives Delay the project and rebid or continue the project with the
day by day construction of drywall.
Source of Funds: Construction Project Funds
Recommendation: We recommend this contract be approved to Don M. Howard for
the amount of $39,595 dollars subject to the special conditions
of the contract, deleting the bonds and making payment only
when completed, approved and accepted by the City of Denton
representives.
Exhibits: Contract
Bid Proposal
Submitted By:
/john J r :all, C.P.M.
Purch sing Agent
0 .
14 dJ
b
tl
K
~ o~G
G
o
' \1~
~
1 • 1 1 1 1 1 ON 1'/` 1 1
INfiffim 1 1 1 1 1 1' 1 1 1 1 1 1 1 1
F'
NAME AND ADDRESS OI' AGENCY
Ramey, King & A4innis COMPANIES AFFORDING COVERAGES
707 FirstState Bank Bldg, C MPANY A Houston General
Denton, TX 76201 - -
COMPANV
1.11 TER
NAME AND ADDRESS W INSUNEU
COMPANY
Gerald Stone & Russell Bates dba LETTER _
CMC Partnership WMPAN~
308 Carroll Blvd,, LETTER
Denton, TX 76201 COMPANY
LITER
- ihlslstocortliyihalE~rollclesoltnsuurancotlsledbel0wheYebeeni5auedtott0insurednamedaboveandareInto/cuttthistime, Notwlthslandinganyreatlretenltermorcondltlun
of any centrpci or other document with respect to which this certificate may be Issued or may pertain, the Insuranco afforded by the pollclos described hareln Is subject to 0 Bid
terms, exclusions and conditions of such policies
IroucY TTm SaTu(LTilp✓ty_I n_._lauaen a 1f[.T TER IYI'L OI-iNSUIlANC1 POIICY r1U1.1ULR E)f l'ITNl10N DATE EACH AGGREGATE
oMI'ArV _ OCCURRENCE
`O-NERAL LIABILITY HODILY INJURY
1 3
A RCOMPREUENSWE FORM 5GA172422 1-5-84 500
®r~] PREMISES.•OPCNATIONS PROPERTY DAMAGE f f
tXJ F%PLOSMN AND COLI.APSC 250
w HAZARD
UNDERGROUND IWARD
PRODUCIS/COMPLETED
OPERATIONS HAIANO BODILY INJURY AND
® CUNIRACTUAL INSURANCE PROPERTY DAMAGE s 1
BROAD FORM PROPERTY COMBINED
DAMAGE
iNDEPENDENT CONTRACtORS
PERSONAL INJURY PERSONAL. INJURY 1
AUTOMOBILE LIABILITY BODILY INJURY 1
LEACH PERSON)
❑ COMPnCBENSIVE FORM BODILY tNJURY
El OWNED (EACH ACCIDENT)
-
PROFERTYUAMAOE 1
❑ 111RE0 BODILY NJURYAND
❑ NON-OWNED PROPENTYUAAIAGE 1
COMB{NED
EXCESS LIABILITY
BODILY INJURY AND
UMBRELLA FORM PROPERTY DAMAGE 1 f
--.J OTHCRTHANUMBNEILA COMBINED
FORM _
WORKERS'COMPENSATION t STAIUTDRY
and
EMPLOYERS' LIABILITY 3 tlCilFCCioMn
OTHER - -
DESCRIPTION OF OPERATIONSILOCATIONSNEBICLES
Cancalladonl Should any of the,above descyr~ed policies be cnneelled before the expiration date thereof, the Issuing com'
pany will endeavor~te.. mail days written notice to the below named cerHicate holder, but failure to
mall such notice shall,Imppse no obligation or liability of any kind upon the company,
i
NAME AND ADDRESS Or CERTIFICATE NO(iJEA: v January 2983
City of Denton GATE Is
Municipal Building
Denton, TX 76201 _
t IILlYtgv c
ACOIIO 21, (1.79)
J
A# j
1 •
R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has here-
tofore determined the necessity for disposing of the real
property hereinafter described; and
WHEREAS, after due notice as required by law, competitive
bids were received by the City of Denton; and
WHEREAS, the highest bid received was for Eighteen Thousand
Two Hundred Fifty-Two Dollars ($18,252.00), from R. H. Invest-
ments (T.- M. Stingley); and
WHEREAS, the City Council hereby finds and determines that
the reasonable and fair market value of such property is
Eighteen Thousand Two Hundred Fifty-Two Dollars ($181252.01));
NOW, THEREFORE, P':'. IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
The bid for Eighteen Thousand Two Hundred Fifty-Two Dollars
($18,252.00) by R. H. Investments (T. M. Stingley) is hereby
accepted.
SECTION II_
The Mayor is hereby authorized to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the herein-
after described property to R. H. Investments (T. M. Stingley),
to-wit:
All that certain 0.4125 acre lot, tract or parcel of land
situated in the City of Denton, Texas in the A. Hill Survey,
Abstract No. 623, Denton County, Texas and being part- of a
tract of land deeded to the City of Denton and recorded in
Volume 767, Page 426, Deed Records of Denton County, Texas and
being more particularly described as foilowss
I
3EGINNING at the most westerly southwest corner of Lot l of the
Myrtle Addition as recorded in Cabinet B, Page 231, Plat
Records of Denton County, Texaa, an iron pin set in the ground;
THENCE south 89033'12" east with the south line of said Lot 1 a
distance of 127.03 feet to an iron pin set at a corner of said
Lot 21
THENCE south 00030' west and passing the northwest corner of
Lot 2 and the most easterly southwest corner of Lot 1, Myrtle
Addition at 4.99 feet and continuing a total distance of 70.0
feet to an iron pin found at the southwest corner of said Lot 2
and also being the northwest. corner of a tract of land deeded
to Charles Hopkins recorded in Volume 916, Page 8601 Deed
Records of Denton County, Texas;
THENCE south 00031122" west with Hopkins west line a distance
of 212.86 feet to a 4 inch pipe found at Hopkins southwest
corner!
THENCE north 23040'44" west a distance of 309.93 feet to the
point of beginning.
CONDITIONS, Sale of the property is subject; to the following
conditions:
1. Utility services shall be provided from Myrtle Street.
2. A twenty foot (201) parkway shall be retained for
Carroll Boulevard.
3. Curb cuts shall be in accordance with the City of
Denton standards provided in the proposed subdivision
regulations.
SECTION III.
The City of Denton is hereby authorized to ray its share of
the necessary and reasonable cost of closing as r.enuirod by the
advertisement for bid.
i
PASSED AND APPROVED this the day of January, 1983.
i
I ARD O. JTEWA , MAY 09
C---W IT OF D TON
ATTESTt
I 40"Al L
CHARLOTTE°ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMS
C. J. TAYLORr JR., CI'T'Y ATTORNEY
CITY OF DENTON, TEXAS
13Yt C.
:
Yep-~~µ S i~ ! ~ y
Tr-
a~Wi
•
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The City Council of the City of Denton, Texas hereby request
the Texas Department of Highways and Public Transportation to
offi !ally designate a location fir the southern and western
extension of State Highway 288 generally along Mayhill Road to
Ryan Road and then along Ryan Road west and north to the present
location of State Highway 288 north of the City of Denton, all
as shown on the map attached hereto and made a part hereof.
SECTION II.
The City Council further request the Texas Department of
Hi.ghwp%rs and Publ:c Transportation to designate and reroute
existing Farm to Market Road 2151 from Teasley Lane along the
proposed route of Ridgeway Street to its intersection with State
Highway 288 at its intersection with Interstate 35-East, all as
shown on the map attached hereto and made a part hereof.
PASSED AND APPROVED this the day of ,
1983.
I HARD 0. ST A
CI Y OF D TON, TEXAS
ATTEST:
6&A2zz CHARLOTTE ALLEN, *JTY SECRETARY
CITY OF;. DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. 0. TAYLORO JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
f ye. . Yom. ~ • - -t•
,
r,
I t
*see
/ • 1 w... .-J~-
10
r
Sa J r
Vern tv
• • 4
- . _ ~1 I • 1 ~ ~ may„ ` _ ~
_ Jfs l E nr
Rvmn P,
see -We
v y
46 * 0 00
Plate b MAJOR THOROUGHFARE PLAN
"m-ow"" Major' Arterial (PRIMARY) Trom omm city, 4 to 6 Ions, 86to 120'dght of aoy'
Major Arterial (SECONDARY) Connects moior s•cdom of Ih• City, 3 to A Inns, 666 00'rvw
Collector(NOT SHOWN)Collectsnsphborhoodtraffic toart•riols,.50'to60'row
Existing Grade Separation V proposed (niEw OR aiiauv) Grade Separatforr
(D ~ a see pao• sr
NOTE, Fa'
r r_ _ _ PAGE 46 I
,
JIL
-
NO.-4~
AN ORDINANCE DESIGNAT.LNG AND ESTABLISHING A SCHOOL SAFETY ZONE
ON U. S. HIGHWAY 380 BEGINNING AT THE EXISTING FIFTY (50) MILES
PER HOUR SPEED ZONE CHANGE NEAR HIGHWAY STATION 617, EXTENDING
285 FEET WEST OF THE WEST DRIVEWAY AND 315 FEET EAST OF THE WEST
DRIVEWAY AT BETHEL CHRISTIAN ACADEMY; REDUCING THE MAXIMUM PRIMA
FACIE SPEED LIMIT FROM FIFTY (50) MILES PER HOUR TO THIRTY-FIVE
(35) MILES PER HOUR; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00) ; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
Based upon an engineering and traffic investigation, the
city Council hereby designates and establishes a school zone on
U. S. Highway 380 at the existing fifty miles per hour speed
zone change near Highway Station 6171 extending 285 feet west of
the west driveway and 315 feet east of the west driveway at
Bethel Christian Academy and hereby determines that the
reasonable and safe maximum prima facie speed limit on said
i
portion of U. S. Highway 380 be reduced from fifty (50) miles
per hour to thirty-five (35) miles per hour when school is in
session between the hours of 8:00-9:00 A.M. and 3:00-4:00 P.M.
SECTION IT,
An individual adjudged guilty of exceeding this speed limit,
when signs are erected giving notice thereof, shall be guilty of
a misdemeanor, and punished by a fine not to exceed Two liundred
Dollars ($200.00).
SECTION III.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
city Council of the City of Denton; Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
'
SECTION IV.
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the _4L nay cf January, 1983.
I R O S A , A R
CI 'Y OF 'N TON, TEXAS
ATTESI't
A
CHARLOTTE LLEN, ` 'Y SECRETARY
CITY OF DENTON, T'!3XAS
APPROVED AS TO LVGAL FORM:
C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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NO. D
AN ORDINANCE DESIGNATING AND ECTABLISHING A SCHOOL SAFETY ZONE
ON U. S. HIGHWAY 380 BEGINNING 250 FEET EAST AND 250 FEET WEST
OF THE EXTRANCE TO SELWYN SCHOOL; REDUCING THE MAXIMUM PRIMA
FACIE SPEED LIMIT FROM FIFTY (50) MILES PER HOUR TO THIRTY-FIVE
(35) MILES PER HOUR; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
Based upon an engineering and traffic investigation, the
City Council hereby designates and establishes a school zone on
U. S. Highway 380 beginning at a point approximately 250 feet
east and west of the entrance to Selwyn School and hereby
determines that the reasonable and safe maximum prima facie
speed limit on said portion of U. S. Highway 380 be reduced from
fifty (50) to thirty-five (35) miles per hour when school is in
session between the hours of 8:00.9f00 A.M. and 3200-4:00 P.M.
SECTION II.
An individual adJudyed guilty of exceeding this speed limit,
when signs are erected giving notice thereof, shall be guilty of
a misdemeanor, and punished by a fine not to exceed Two Hundred
Dollars ($200.00).
SECTION III.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thsreof
to any pErson or circumstance is held invalid by any court of
competent Jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
city Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
SECTION IV_
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of. Denton, Texas, within ten (10) days of
the date of its passage.
74L-
PASSED AND APPROVED this the __1L day of January, 1983.
\7ZI 6, Z
RT HARD STEWA T, INAYOR
C1 Y OF, NTON, TEXAS
ATTEST:
CHARLOTTE -ALLEN, ~CITY OF DENTON* TEXAS
APPROVED AS TO LEGAL FORMS
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTONo TEXAS
BY:
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AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PPOPERTY BY THE CITY OF DENTON, TEXAS, AND
AUTHORIZING AND DIRECTING TJE MAYOR TO PUBLISH NOTICE OF SUCH
PUBLIC HEARING.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. Q.~
On the _L" day of 1983, at o'clock .M. on the north side of R nson Road approx mi ately
1,850 f t east of the intersection o Robinson Road and FM 2168
(Teasley Lane), the City Council wi" ' l hold a public hearing
giving all interested persons the right to appear and be heard
on the proposed annexation by the City of Denton, Texas of the
property described below.
On the 1' day of , 1983, at 7:00 o'clock
P.M. in the City Council Chamber o the Municipal Building of
the City of Denton, Texas, the City Council will hold a public
hearing giving all interested persons the right to appear and be
heard on the proposed annexatto n by the City of Denton, Texas of
the following described property, to-wits
All that certain tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the J. Fisher Survey, Abstract No. 4210 B. Lewis Survey,
Abstract No 769, M.E.P. & P.R.R.-Survey, Abstract No. 9500 E.
Pickett Survey, Abstract No. 1018 and the S. Hembrie Survey,
Abstract No. 643 and being more particularly described as
follows:
BEGINNING at a point 5 feet east of and perpendicular to the
east right of way line of Teasley Lane (FM 2181), said point
aloo lying in the present city limits line as established by
Ordinance No. 65-43► Tract III and the southwest corner of the
land described in Ordinance No. 74-351
THENCE south 870391111' east along the present city limits as
established by ordinance No. 74-35, a distance of 3559 feet to a
point for e corner, same being the southeast corner of the land
described in Ordinance No. 74-35 and the west boundary line of
the land described in Ordinance No. 74-341
THENCE south along the present city limits as established by
Ordinance No. 74-34, a distance of approximately 1921 feet, more
or less, to a point, same being the southwest corner of the land
described in Ordinance No. 74-34 and the westerly northwest
corner of the land described in Ordinance No. 77-181
THENCE south along the present city limits as established by
Ordinance No, 77-18, a distance of 2454 feet to a point for a
corner, same being the southwest corner of the land described in
Ordinance No. 77.181
THENCE north 84619' east along the present city limits as
established by Ordinance No. 77-18, a distance of 3249.71 feet
PAGE ONE
to a point for a corner, same being the southeast corner of the
land described in Ordinance No. 77-18;
THENCE north 2058 east along the present city limits as
established by Ordinance No. 77-18, a distance of 792.7 feet to
a point for a corner, said point being the northerly northwest
corner of the land described in ordinance No. 78-28, Exhibit
"C", said point also lying in the southwest right of way line of
State School Road;
THENCE south 21019 east along the southwest right of way line of
State School Road, same being the present city limits as
established by ordinance No. 78-28, Exhibit C", a distance of
172.7 feet to a point for a corner;
THENCE 39018' east along the southwest right of way line of said
road, same being the present city limits as established by
Ordinance No. '78-28, Exhibit "C", a distance of 697.1 feet to a
point for a corners
THENCE 17006' east along the present city limits as established
by ordinance No. 78-28, Exhibit "C", a distance of 151.7 feet to
a point for a corner, said point lying 10 feet west of the
Denton-Corinth common jurisdiction line and also being 10 feet
west and 5:j.7 feet south of the northwest corner of the L. Young
Survey, Abstract No. 1451;
THENCE south along the present city limits as established by
Ordinance No. 78-28, Exhibit "C", and 10 feet west of and
parallel with the Denton-Corinth common jurisdiction line a
diaxance of 1651.5 feet to a point for a corner in the north
right of way line of Robinson Road, said point also being 25
feet north of the south boundary line of the b. Hembrie Survey,
Abstract No. 6431
THENCE south 88058' west along the present city limits same
being the north right of way line of Robinson Road and 25 feet
north of and parallel with the Denton-Corinth common
jurisdiction line a distance of 830 feet to a point for a corners
THENCE west along the north right of way line of Robinson Road a
distance of 4190.78 feet to a point for a corner, said point
lying in the present city limits as established by Ordinance No.
65-43, Tract iii, said point also lying 5 feet east of and
perpendicular to the east right of way line of Teasley lane (FM
2181);
THENCE north and west along the present city limits which lies 5
feet east of and parallel with the east right of way line of
Teasley Lane (FM 2181) the following 10 courses and distancoss
(1) north 2007' west 298.5 feet to the beginning of a curve to
the left with a chord bearing and distance of north 18019' west,
827.25 feet, central angle of 32024' and a radius of 1482457
fetht; (2) northwesterly along said curve an arc distance of
838.37 feet= (3) north 3431' west 751.8 feet to the beginning
of a curve to the right with a chord bearing and distance of
north 27056' west 718.9 feet, central angle of 14010' and a
radius of 2914.93 feett (4) northwesterly along said curve an
arc distance of 720.73 Eeet1 (5) north 20021' west 815.1 feet, to
the beginning of a curve to the left with a chord bearing and
distance of north 26021' west, 609,35 feet, central angle of 120
PAGE TWO
.
and a radius of 2914.78 feed (6) northwesterly along said curve
an arc distance of 610.47 feet; (7) north 32°21' west 989.70
feet to the beginning of a curve to the right with a chord
bearing and distance of north 16146' west 796.49 feet, central
angle of 31010' and a radius of 1482.46 feet; (8) northwesterly
along said curve an arc distance of 806.40 feet; (9) north 1011'
west 432.7 feet to the beginning of a curve to the left with a
chord bearing and distance of north 4014122" west 81.76 feet,
central angle of 6*05143" and a radius of 766.83 feet; (10)
northwesterly along said curve an arc distance of 81.8 feet to
the place of beginning and containing 456 acres of land, more or
less.
SECTION II.
The Mayor of the City of Denton, Texas, is hereby authorized
and directed to cause notice of such public hearing to be
published once in a newspaper having general circulation in the
City and in the above described territory not more than forty
days nor less than twenty days prior to the date of such public
hearing, all in accordance with the municipal Annexation Act
(Article 970x, Vernon's Texas Civil Statutes).
SECTION III.
This ordinance shall be in full force and effect immediately
following its passage and approval.
PASSED AND APPROVED this the day of , 1983.
eIHARD O STE r Y
CI Y OF D NTON, TEXAS
ATTEST:
CH R OTT ALLEN, CITY SECRETARY
CITY OF DENTON# TEXAS
APPROVED AS TO LEGAL FORMt
C.' J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
B Y I
PAGE-THREE
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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 OP' DENTON, 12EXnS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES TO APPROXIMATELY 16.64 ACRES OF LAND OUT
OF THE A. WHITE SURVEY, ABSTRACT NO. 1406, DENTON COUNTYF TEXASI
AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS-.
SECTION I.
The Zoning Classification and Use designation of the
following described property, to-wit:
All that certain tract or parcel of land situated in the A.
White Survey, Abstract No. 1406, Denton County, Texas, being a
part of a certain (called) 52.54 acre tract deeded by Katherine
Jagoe Preston, a widow to Cauble Enterprises on the 1st day of
April, 1966, and recorded in Volume 536, 11agP 425, Deed Records
of said County, and being more particularly described as follows
BEGINNING at the southeast corner of said 52.54 acre tract in
the north right of way line of U.S. Highway 77, Business; Route;
THENCV north 58039100" west along the said right of way a
distance of 1050.50 feet;
THENCE along said right of way with a curve to the right, having
a central angle of 28042116111 and a radius of 516.650 feet, a
chord which bears north 44016158" west a distance of 256.137
feet, an arc length of 258.834 feet;
THENCE north 21045100" west along the said right of way a
distance of 264.60 feet;
THENCE north 00058100" west along the right of way, of Interstate
Highway 35 a distance of 598.20 feet to the went most northwest
corner of said 52.54 acre tract;
THENCE south 89036100" east along the north boundary line of
said A. White Survey a distance of 330.09 feet;
THENCE south 00058'00" east `a distance of 549.:10 feet-.
THENCE south 58039100" east a distance of 091.57 feet;
THENCE Eolith 00014100" west along the east boundary line of said
52.54 acre tract a distance of 506.40 feet to the point of
beginning and containing 16.64 acres of land, more or less,
is hereby changed from Agricultural "A" District Classification
Use to Commercial "C" District Classification and Use under the
comprehensive zoning Ordinance of the City of Denton,Texas#
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 Dentoh , Texas, under. Ordina,ice No.
69-10 be, and the same is hereby Amended to show such change in
District Classification and Use.
PAGE 1
SECTION II.
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,
j and encouraging the most appropriate 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
immediately 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 day of January, 1983.
I D 0. TEW , MAYOR -V
CI OF D TON, TEXAS
ATTESTS
Aa
UH-AVLOYTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: 4c--~ Ilia
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTSs
COUNTY OF DENTON S
The City of Denton, Texas, a Municipal Home Rule City situated
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Arlene Cather, hereinafter called
"Contractor", hereby mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains Contractor
to perform the hereinafter designated services and Contractor
agrees to perform the following services:
A. Provide training on EIS to Accounting Division.
2. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay
Contractor for the services performed hereunder as ollows:
A. Amotn.t of Payment for S4rvicos :
Ten dollars ($10.00) per hour
Four (4) hours per day
January 250 26, 270 28, 31,
February 1, 21 1983
B. Dates of Payments:
within 15 days of invoice.
3. SUPERVISION AND CONTROL BY CITYS It is mutually under-
stood and agreed by and between City and Contractor that Contractor
is an independent Contractor and shall not be deemed to be or con-
sidered an cmployee of the City of Denton, Texas, for the purposes
of income tax, withholding, social security taxes, vacation or sick
leave benefits, or any other City employee benefit. The City shall
not have supervision and control of Contractor or any employee of
Contractor, but it is expressly understood that Contractor shall
perform the services hereunder at the direction of and to the
satisfaction of the City Manager of the City of Denton or his
designee under this agreement.
4. SOURCE OF FUNDS: All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton
INDEPENDENT CONTRACTOW S AGREEMENT-ARLENE CATHER-PAGE 1
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
A. NONE
6. INSURANCE,: Contractor shall provide at his own cost
and expense workmen's compensation insurance, liability insurance,
and all other insurance necessary to protect Contractor in the
operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days written
notice of its intention to cancel this Agreement.
8. TERM OF CONTRACT: This Agreement shall commence on
the 29th day of January, 1983, and end on the 2nd day of February,
1983.
D;~ , 1983.
EXECUTED this the L of
,-M:~,zf
CITY OF ENTON TEXAS
BY,
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ATTEST:
9A26LL
nARLOTTE ALLEN, I
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY:
CONTRACTOR
BY.* That Frank Varella, is hereby designated as the person to
administer the provision of this agreement,
-CXTY'MA ZA
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INDEPENDENT CONTRACTOR'S AGREEMENT-ARLENE CATHEk-PAGE 2
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Yr t ( rF r ~ y r `E ripi si Vh fV' tf ♦1slb i'i r f i ' ~ { Yf} s ; } f r f43G aF~X1.t is h4'n hT¢ X17 -
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NO.
'lip AN ORDINANCE CANVASSING THE ELECTION RETURNS OF A SPECIAL ELECTION
LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES HELD JANUARY 15,
r 1983; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, a special election was held in the City of Denton,
Texas on January 15, 1983; and
WHEREAS, the election officials have duly made their returns
showing that a total of 602 qualified voters voted in said
election] NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The City Council hereby finds and determines that 602 votes
were cast in said election and that the following votes were cast:
FOR: 437 "AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CALLING
AGAINST: 165 FOR A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1983
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS
OF THE CITY THE QUESTION OF WHETHER OR NOT AN
ORDINANCE PERTAINING TO LEGALIZING BINGO GAMES FOR
CHARITABLE PURPOSES, AS AUTHORIZED BY THE BINGO
ENABLING ACT, SHOULD BE ADOPTED BY THE QUALIFIED
VOTERS OF THE CITY OF DENTON$ TEXAS] DESIGNATING THE
POLLING PLACES AND THE HOURS OF VOTING; PROVIDING FOR
THE APPOINTMENT OF ELECTION OFFICIALS; PROVIDING FOR
ONE VOTING PLACE) PROVIDING FOR THE USE OF PAPER
BALLOTS AND PROVIDING FOR THE FORM OF BALLOT TO BE
USED IN SUCH ELECTION; AND PROVIDING THAT THE CITY
SECRETARY SHALL PREFORM THE DUTIES AND FUNCTIONS 0'?
AN ELECTION OFFICIAL."
SECTION II.
That the proposition received a majority of the votes cast;
therefore, bingo games for charitable purposes is hereby legalized
in the City of Denton, Texas.
SECTION III.
This ordinance shall become effective from and after its date
of passage.
PASSED AND APPROVED this the 18th day of January, 1983.
fRI~HARD T' ,
CI' OF D#NTON, TEXAS
ATTEST:
f
CHA L P "EAL EN, -CITY 'SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: rj4c,~
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FUNDING AGREEMENT
THE STATE OF TEXAS g
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 3
This Agreement is hereby entered into by and between the
City of Denton, Texas, a Home Rule Municipal Corporation,
(hereinafter referred to as City) and Services Program for Aging
Needs (hereinafter referred to as SPAN). in order to provide
transportation services to a limited number of handicapped
persons on a trial basis, the parties hereto agree as follows:
1. SPAN shall provide transportation services within the
city limits to those handicapped persons under sixty (60) years
of age selected by the City's Denton Human Resources Committee.
Applications to receive such transportation services shall be
submitted by the applicants to the City on forms approved by the
City. The applicants selected to receive the transportation
services shall be determined by the City's Denton Human
Resources Committee on Transportation in consultation with the
Director of SPAN. Applicants in need of transportation for
employment purposes shall be given priority consideration over
applicants needing transportation for medical appointments,
banking, shopping or social purposes.
2. SPAN may contract with other persons or companies to
provide the services specified herein during times when SPAN
does not -operate. Transportation services provided by such
subcontracts shall be in accordance with the terms and
conditions of this agreement.
3. SPAN shall furnish the transportation services in
accordance with working hours and holidays established by the
SPAN Board of Directors.
4. Applicants for SPAN transportation services shall provide
a statement by a physician concerning the applicant's handicap.
Such statement shall be a factor in considering the applicant's
need for transportation service.
5. SPAN shall undertake to develop a plan whereby
passengers o.` the transportation services will pay One Dollar
($1.00) for every one-way trip provided to that person,
6. All SPAN records of the services provided for herein
shall be open to the City at all reasonable Limes for inspection
and audit,
7. SPAN shall not provide more than 3,755 one-way passenger
trips during the term of this contract,,
8. The City shay.. pay to SPAN Four Dollars ($4.00) for
every one-way trip furnished to a passenger in accordance with
the terms of this agreement. SPAN shall submit requests for
payment to the City at the end of every month for transportation
services proviied that month. The City shall not, in any case,
pay more than Fifteen Thousand Twenty-one Dollars ($15,021.00)
to SPAN for furnishing the services provided for herein,
9. Commencing with and during the term of this agreement,
SPAN, shall at its own expense, procure and maintain in full
force and effect insurance written by an insurance company
authorized to do business in this State. Such insurance shall
irt6ure the City against all liability for loe~s, injury, damage
or claims caused by or arising out of, or in connection with the
services provided for herein, including injuries to or deaths of
passengers or third persons and damage to or destruction of
prover ty.
Without in any way limiting the generality of the above,
SPAN shall keep and maintain the following types of insurap.ae U
minimum amounts as follows: $100,000 bodily injury per person
$300,000 bodily injury per occurrence; $25,000 property damage.
t' 10. This agreement (shall be effective on October 1, 1982 and
shall terminate on September 30, 1983.
s.'
EXECUTED this the Ai day of , 1983.
X
CITY OF DENTON, TEXAS SERVICES PROGRAM FOR A420 F~ NEEDS RcD
R D R
ATTEST: ATTEST::~
43TAF, RETARY SECRETARY
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
BY:
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11 L S O L U T I 0 N
WHEREAS, the City of Denton finds it necessary to purchase
a certain tract located in the City of Denton, Texas, and more
I
fully described below; and
WHEREAS), the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will
be served by the purchase of the parcel of real estate
described below; and
WHEREAS, the City of Denton and Robert D. Gathings ?:.nd
wife, Shellye Kay Gathings, owners of said parcel, agree that a
consAderat4.on of Two Thousand Eight Hundred Dollars ($2,800.00)
is a fair and agreed value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY Ti L CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
The City Attorney is hereby authorized to prepare the
necessary legal documents to complete the transfer of property
so described below from the owners thereof to the City of
Denton:`
All that certain lot, tract or parcel, of land lying and being
situated in the County of Denton, State of Texas, and being
part of the R.J. Mosley survey, Abst. No. 803 and also being
part of a tract of land as conveyed from Freddie 'Jane O'Rear to
Robert D. Gathings and wife Shellye Kay Gathings by deed dated
1-1678 and recorded in Volume 872, Page 6B5 of the Deed
Records of Denton County, Texas, and more particularly
described as follows:
Beginning at the southeast corner of said tract, said point
also lying in the north boundary line of a tract conveyed to
the City of Denton by deed and recorded in Volume 462 page 465
of the heed Records of. Denton c.omity, Texas;
Thence north 85010' west along the south boundary line of said
tract and the north boundary line of said City tract a distance
of 959.52 feet to a point for a corner, same being the
southerly southwest corner of said tract;
Thence north along the southerly west boundary line of said
tract, a distance 45.5 feet to a point for a corner;
Thence south 85°10' east a distance of 961.95 feet to a point
for a corner in the east boundary of said tract)
Thence south 3°03' west along the east boundary line of said
tract a distance 45.36 feet to the, place, of beginning and
containing 1.0 acre of land more or less.
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SECTION II.
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
sales contract.
PASSED AND APPROVED this the day of , 1983.
I BARD 0. S E , MAYO
CI1 OF D NTON
ATTEST:
C R TT ALLEN, CITY SECRETARY
CITY OF DENTONe TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLORO JP.., CITY ATTORNEY
CITY OF DEINTONi TEXAS
BY.,
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A.W-WARRANTY DEED-With Om" and Co,pwmilw Ack owkdrmau MARTIN SWIM07 Co., DO"
T1E STATE OF TEXAS,
.
Know All Men By These Presents,
COUNTY OF.....D ~I Obi
That ROBERT D. GATHINGS AND WIFE, SHELLYE KAY GATHINGS k
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of the County of Denton , State of Texas for and in consideration of
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the sum of
________TWO Thousand Eight Hundred and No/100 ($2,800.00) DOLLARS,
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to them in hand paid by the City of Denton, Texas, a Municipal
j~
Corporation
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have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of
Denton, Texas, a Municipal Corporation
of the Country of Denton , State of Texas
All that certain lot, tract or parcel of land lying and being situated in
the County of Denton, State of Texas, and being part of the R.J. Mosley ;
survey, Abst. No. 803 and also being part: of a tract of land as conveyed
from Freddie Jane O'Rear to Robert D. Gathings and wife Shellye Kay
Gathings by deed dated 1-16-78 and recorded in Volume 872, Page 685 of
the Deed Records of Denton County, Texas, and more particularly described
as follows: i.
Beginning at the southeast corner of said tract, said point also lying in
the north boundary line of a trac' conveyed to the City of Denton by deed
and recorded in Volume 462 page 465 of the Deed Records of Denton County,
Texast
Thence north 65010' west: along'the south boundary line of said tract and
the north boundary line of said City tract a distance of 959.52 feet to a
point for a oorner, same being the southerly southwest corner of said
tract=
Thence north along the southerly west boundary line of said trrct, a
distance 45.5 feet to a point for a corner;
Thence eouth 850100 east a distance of 961.95 feet to a point for a
F corner in the east boundary of said tract;
:hence south 3003' west along the east boundary lino of said tract a
distance 45.36 feet to the place of beginning and containing 1.0 acre of
land more or less.
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TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
'I
*da and assigns forever; and we do hereby bind Ourselves, our
heirs, ezer tars and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas, a Municipal Corporation, its successors
xllekx and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part
' thereof.
Witness our band at Denton, Texas this day of
A.D. 19 8 3
Witnesses at Request of Grantor;
..ROH~~T...D.I ..CA............................................................
SHELLYE KAY GATHINC,,$ L.....L............
SALES CONTRACT
THE STATE OF TEXAS )
BY THIS AGREEMENT AND CONTRACT:
COUNTY OF DENTON )
Robert D. Gathings and wife Shellye Kay Gathings hereinafter
called Seller, hereby sells and agrees to convey unto the City
of Denton, Texas, a Municipal Corporation, hereinafter called
Purchaser, the described property lying and being situated in
the City and County of Denton, State of Texas, and more
particularly described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof.
The purchase price is $2,800.00, payable at closing.
Purchaser agrees to furnish a Title Insurance Policy to
said property, which shall be conveyed free and clear of any
and all encumbrances.
If any title objections are made, then the Seller or his
Agent shall have a reasonable time to cure said objections and
show good and marketable title.
Seller agrees when the title objections have been cured, to
deliver a good and sufficient General Warranty Deed properly'
conveying, said property to said Purchaser.
Taxes for the current year ar to be prorated to the date of
closing.
The City of Denton will construct a fence along the north
property line of this tract and the City will not use this
tract for the disposal of solid waste garbage.
The purchase of said property is subject to the approval of
the City Council of the City of Denton, Texas.
Executed in triplicate this the l~~day of~ , A.D.
19~.
CITY OF DENTON, TEXASi SELLER
PURCHASER
BY:
Robert D, ngs
S e ye Ray ngs
r
Exhibit "A"
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being
part of the R.J. Mosley survey, Abst. No. 803 and also being
part of a tract of land a:; conveyed from Freddie Jane O'Rear to
Robert D. Gathings and wife Shellye Kay Gathings by deed dated
1-16-78 and recorded in Volume 872, Page 685 of the Deed
Records of Denton County, Texas, and more particularly
described as follows:
Beginning at the southeast corner of said tract, said point
also lying in the north boundary line of a tract conveyed to
the City of Denton by deed and recorded in Volume 462 page 465
of the Deed Records of Denton County, Texas;
Thence north 850 10' west along the south boundary line of
said tract and the north boundary line of said City tract a
distance of 959.52 feet to a point for a corner, same being the
southerly southwest corner of said tract;
Thence north along the southerly west boundary line of said
tract, a distance 45.5 feet to a point for a corner;
Thence south 850 10' east a distance of 961.95 feet to a
point for a corner in the east boundary of said tract;
Thence south 30 03' west along the east boundary line of said
tract a distance 45.36 feet to the place of beginning and
containing 1.0 acre of land more or less.
l_lr \y
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3
INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
The City of Denton, Texas, a Municipal Home Rule city situated
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager, and Charles H. Rodgers, hereinafter
called "Contractor", hereby mutually agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains Contractor
to per£-)rm the hereinafter designated services and Contractor
agrees to perform the following services:
A. Supervision of repair of #5 unit turbine
and generator for ten (10) days.
K. Supervision of repair of #4 unit turbine
and generator for fifty (rO) days.
2. COMPENSATION TO BE PAID CONTRACTORS City agrees to
pay Contractor for the services performed hereunder as follows:
A. Amount of Payment for Services:
$304.50 per day plus $22.50 per flay
travel expense ($327.00) on each unit.
B. Dates of Paymen4,s:
Weekly
3. SUPERVISION AND CONTROL BY CITY: It is mutually under-
stood and agreed by and between City and Contractor that Contractor
is an independent Contractor and shall not be deemed to be or
considered an employee of the City of Denton, Texas, for the
purposes of income tax, withholding, social security taxes, vacation
or sick leave benefits, or any other City erployee.benefit.
The City shall not have supervision and control of Contractor
or any employee of Contractor, but it is expressly understood
that Contractor shall perform the services hereunder at the direction
of and to the satisfaction of the City Manager of thru City of
Denton or his designee under this agreement.
4. SOURCE OF FUNDS: All payments to Contractor under
this agreement are to be paid by the City from funde Appropriated
by the City council for such purposes in the Budget of the City
of Denton.
INDEPENDENT CONTRACTOR'S AGREEMENT-CHARLES H. RODGERS-PAGE ONE
5, SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplies:
A. NONE
6. INSURANCE: Contractor shall provide at his own cost
and expense workmen's compensation insurance, liability insurance,
and all other insurance necessary to protect Contractor in the
operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days written
notice of its intention to cancel this Agreement,
8. TERM OF CONTRACTs This Agreement shall commence on
the lst day of January, 1983, and end on the completion of 60 full
working days.
EXECUTED this the day of January, 1983.
CITY ENT , TEXAS
BY:
I
ATTEST-
R O Th,ly E LLEN, , CITY SECRETARY
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
BY t i
CONTRACTOR
BYt ,4~0,0~
That Walker Hale, is hereby designated as the person to
administer the provision of this agreement.
/ 5,.1.x._.-_......~.....,,......
INDEPENDENT CONTRACTOR'S AGREEMENT-CHARLES H. ROD;ERS-PAGE TWO
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
WHEREAS, it is one of the basic responsibilities of the City
of Denton to protect the life and property of its citizens
through the operations of efficient, reliable and affordable
police and fire departments; and
WHEREAS, it is increasingly evident from more than
thirty-five (35) years of experience that a major barrier in the
City of Denton's way in providing its citizens with the best
police and fire service posr'ble is an antiquated state law
commonly known as 1269m which uictates to cities how officers
and firefighters will be promoted and disciplined without regard
for local circumstances] and
WHEREAS, there is documented evidence from all sectors of
the State of Texas that the fifty-five (55) cities which today
are under 1269m have seen their police and fire chiefs
transformed from managers into administrators by new limits
lobbied into the law every two years by unions representing the
police officers and firefighters= and
WHEREAS, these increasingly harmful provisions have made
1269m a law which fosters wasteful expenditures and inefficient
management at a time when cities see revenue dwindling= and
WHEREAS, after long study and due deliberations, the
fifty-five (55) Texas cities under 1269m are joining in a
concerted effort to amend the law in the upcoming Legislature by
giving police and fire chiefs the power to manage their
department, but to retain portions of the law which give civil
service employees necessary protectionst Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASf,',THAT:
SECTION I.
The City of Denton, Texas, believes that it is time to
return common sense into Texas Police and Fire stations by
,
I
1 1 t
amending 1269m to allow police and fire chiefs to manage their
departments more effectively through the appointment of
qualified deputies of their choice, use of improved promotion
system techniques, more reasonable disciplinary rules and other
relevant changes.
SECTION II.
That the City of Denton, Texas supports the Texas Municipal
League's 1269m Task Force amendments to 1269m because it does
address issues which will return management back to police and
fire chiefs.
SECTION III.
That the City of Denton, Texas, now calls on all Texas
Legislators, especially those representing the citizens of our
city, to support the Tank Force Legislation which makes the
necessary changes to 1269m.
SECTION IV.
That every citizen of this City, every business and the
Chamber of Commerce, plus other organizations, take a stand in
favor of improvements to 1269m which will return common sense
back to Texas police and fire stations.
PASSED AND APPROVED this the 18th day of January, 1983.
I ARD 0 STEW , WW"V
CIT OFD.TON, TEXAS
ATTESTS
CH7rRMTTEI AL , FOUITY fU ~ RE AR
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTONo TEXAS
BY:
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the Policies of the Municipal. Library as approved by
h the City Council on December 7, 1976 are hereby amended to
provide for new fees as follows:
1. Non Residents of Denton County
An applicant who is not a resident of Denton or
Denton County, but who is a permanent resident of
an adjoining County may be issued a library card
with full privileges upon payment of an out-of-
county fee in the amount of Twenty-Five Doll,-rs
($25.00) per year beginning with the date f
application.
2. Fines/Overdues
Fines for overdue books, record albums, vertical
file materials, tape cassettes, will be ten cents
(10¢) per day excluding Sundays and holidays.
SECTION II.
F
This Resolution shall become effective from and after its
date of passage. 7-A-
PASSED AND APPROVED this the day of ,
1983.
I ARD U. WA r MAYOR
CI Y OF D NTON, TEXAS
ATTEST
-
CHARL TTE ALLEN, CITY SECRETARY
CITY OF D'NTONr TEXAS
APPROVED AS TO LEGAL FORMS
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
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BID 0908Q '
PROPOSAL .lacy -Werw !V Porer.$'a ,
TO
THE CITY ON DBNTON,.TEXAS
For the Construction of
Mill Pond
and
Service Center Drainage Projects
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
parties intdrested in this proposal as principals are those
named herein, that this proposal is made without collusion with
any other person, firm or corporation; that he 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 work and agrees that he will provide
all the necessary labor, machinery, tools, apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and acco.ding
to the requirements of the City as therein set forth.
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 increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to be performed at the unit prices set forth
below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered,
P - 1
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1
It is understood and agreed that the work is to be completed in
full within twenty (20) 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
cif the total bid.
(t 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 performance bond and a payment bond within
fifteen days after its acceptance, 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 rind all bids.
The undersigned hereby proposes and agrees to perform ibll work
of whatever nature required, in strict accordance with the
plans and specifications, for the following sum or prices, to
wit:
P - 2
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BID TABULATION
Project A - Mill Pond Drainage
Street and Bridge Department Project
Unit Extention
Item Description Quantity Price Total
432 Class B Concrete Riprap 5 S.Y. $ss'oo/S. Y.
$ ao
465A 18" R.C.P. Installation 37 L.F. $AXoo/L. F, rq S4•a0
465B 24" R.C.P. Installation 208 L. F, $.z700/L, F. -:5; a la, vo
470 10' Curb Inlet 2 Ea. $ic,-~a,or/Ba, z oo.oa
471 Inlet Ring and Cover 2 Ea. $1,9aoc1Ea, cw.oo
SP-2 Sawcut (Existing
Concrete) 8 L, F, $ ~Ivo/L. F.
Total $ ia•,3i~, d
Project B - Service Center Drainage
Utilities Project
Item Description Unit Extention
Quantity Price Total ,
100 Preparation of Right-
o£ Way L•S. $/oao,oo $ Joao, do
432 Class B Concrete Riprap 30 S.Y. $ ~Z30o/S.Y, -yxo,oo
460 2-42" C.M.P.
Installation 340 L.F. $zo,oo/L. F. ~,~ov•oo
465A 2-18" R.C.P,
Installation 190 L.F. $ io,cao/L.F. $ i, 9no.oo
Total
Total Projects A B $ sd.7~9od
en ums Received
P - 3
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BID SUMMARY
TOTAL ~BID PRICE IN WORDS
o N o / o
In the event of the award of a 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, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful 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 undersigned 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 as shown for each item listed in this
proposal, shall control over extensions.
C QVKAUTYR nYOti1nn
0 , ,"k obyer 3'I d
trees Address
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C t an sate
Seal Authorization
(If a Corporation) ~/-'A
Telephone
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF Denton
THIS AGREEMENT, made and entered into this 5 day of January
A.D., 1983 , by and between The City of Denton
of the County of DPntfln and State of Texas, acting through The
Purchasing/Utility Department thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Jay-Mar
Corporation, P.O. Box 370
of the City of Grapevine , County of Tarrant
and State of Texas , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and lit consideration of the payments and..,
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herzwith, 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 #9088 constructin of installation of Mill Pond Drainage Project A & B,
Our Purchase order #565720 see attached proposal for total of $20,769.00 .
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, supplied, 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, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
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 other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by the
Public Works Department, City of Denton, Texas
, all of which are made a part hereof and collectively
evidence and constitute the entire contract.
The.CONTRACTOR 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 of these presents have executed
this agreement in the year and day first above written.
ATTEST:
City of Denton
Party,.of, t p-,,F,, rst Part, NER
1 By /
(SEAL)
ATTEST.
1 / a~ti 7~^i Say-Mar Corporation
Party of the Second art,T TOR
By
t 'Pre 5 J o f
(SEAL)
APPWrED AS TO FORM
C ty o
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF T'
KNOW ALL. MEN BY THESE PRESENTS: That Jay-Mar r.
Corporation , of the City of Grapevine ,
County of Tarrant and State of Texas
, •
as PRINCIPAL, and Merchants Bonding Comnaav
(Mutual) , 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 twenty
thousand seven hundred Qax*-v-nine and 001100 Dollars 20.769.oo
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 5th day of January_ , 19 as for the con-
struction of installation of mill pond drainage project A & B, Bid 9088
Purchase Order #56572
which contract is hereby referred to and made a part hereof as fully and to
the same extent.as if copied at length herein.
i
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 pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of 'texas as amended
i
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 terns 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 cuntract, or to the work to be per-
formed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 12th day,of January 1983
Jay-Mar Corporation Merchants Bonding Company (Mutual)
rincipa uret
J
Title tto ney-in-F t
Title Pre 5;a~„ -
Address 1819 Dunn St Addres 1 40 Sot%h M S
Grapevine,TX, rapevine,TX.
y
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety Is:
DIVERSIFIED INSURANCE SERVICES,INC.
1340 South Main Street,Grapevine,Texas
NOTE: Date of Bond must not be prior to date of Contract.
PAYMENT BOND
STATE OF TEXAS ¢
COUNTY OF - IyrpA ~
KNOW ALL MEN BY THESE PRESENTS: That Jay-Mar
Corporation of the City of Grapevine ,
County of Tarrant , and State of Texas , as
principal, and Merchants Bonding Company (Mutual) _
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto City of Denton
(Owner), in the penal sum of ($q,n"nn
Twenty thou, seven hund. sixty-nine and 00,100 Dollars for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, sucessors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 5th day of January 19 83
Sot the construction of installation of mill pond drainage project A & B
Bid 9068,Purchase order #56572
to 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, THEREFQE, 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 prosection of the work provided for in serif
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
r
amended by the 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.
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, al-
ternation or addition to the terns of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOFi2tie said Princip~8nuad Surety have signed 83 and
sealed this instrument this day of y , 19
.Tay-Mar Corporation Merchants Bonding Company (Mutual)
Principal Surety
Sy:
Title: Title: tt rney-in
Tres icy
Address: 1819 Dunn St. Address: ..340 Bout ain'::
Grapevine,TX. Grapevine,TX.
The name and address of the Resident Agent of Surety is:
DIVERSIFIED INSURANCE SERVICES,INC.
1340 South Main Street,Grapevino,Texas
MAINTENANCE BOND
THE STATE OF TEXAS X
COUNTY OF X
KNOW ALL MEN BY THESE PRESENTS:
THAT JAY- IIIAV- tb
as Principal, and e.
a Corporation authorized to do busines in he State of Texas, as
surety, do hereby acknowledge themselves to be -Id and bound to pay
unto the City of Denton, a municipal corporation of the State of
Texas, its successors and assigns, at Denton, Denton County, Texas,
the sum of
two thousand, seventy six and ninty/100
dollars ($_2,076.90 10% of the total amount of the contract
for the paymc.it of which sum said principal and surety do hereby
bind themselves, their successors and assigns, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, said J0 Y.- 11111y coj-wj&l kg
has this day entered Into a written contract with the said City of
Denton to build and construct T►ys~fllla~ro„t e)~ l11~ Ilo( c~twAoT_
~;y~ r` l c t
T"'~~ ~ 4' ~ Q L~ SS f3 h"k\'C1~ ti14 P ei'C1N~' S~ ~ ~'L -
which contract and the plans and specifications 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, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said Contractor on
constructing the same or on lccount of improper excavation or
backfilling, it being understood that the purpose of this section is
to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for. each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond,
MB-1
1. 1 y
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have ao
further effectr 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 successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall, not be changed, diminished, or in any
manner affected from any cause during said time.
IN WITNESS WHEREOF the said -VlrlwX ~rtae9•tvl~x.t
as Contractor and' Principal, has caused these
presents to be executed by C, .J , &
and the said N
as surety, has aused th se pr sents to be exe uteri by is
Attorney-in-fact JA\kL C-1 -NCCJ4~ and the said
Attorney-i fact has hereunto s-ehis and this the
day of 19V_.
SURETY: PRINCIPAL:
RY:
ATT R /7Y-1 -PAC
M9-2
MERCHANTS BONDING COMPANY
MUTUAL -
DES MOINES, IOWA
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporanun duly organized under the
laws of the State of Iowa, and having Its principal office in the City of Des Moines, Counly of Polk, Slate of Iowa, hash made, conslituted
and appointed, and does by These resents stake, constitute and appoint
Joh+.l C. Yancey and/or Farl Stevens and/or Donna Stevens
of Grapevine and State of Texas it..strue and lawfuIAt lomcy-iml'aei.with full power
and authority hereby conferred in Its name, place and stead, to sign, execute, xkno%ledgc and deliver in its bchdlf IS surety!
Any and all. bonds or undertakings, provided that no bond or undertaking
executed under this authority shall exceed in amount the sum of
FIVE HUNDRED THOUSAND ($500,000,00) DOLLARS
and to hind the MERCHANTS HOND1NO COMPANY (Mutual( thereby as fully ar, to the sautse extent as if such land or undertaking was
signed by the duly authorized nniccrs of the MERCHANTS BONDING COMIAN, (Mutual), and all the acts of said Attorney, pursuant
to the authority herein given, axe hereby rahfied and confined.
This Powcr•of•Attomcy is mule anti msceutcd pursuant to and by aulhurity of the following By-law adopted by the Board of Directors
of the MHRCIfAIJTS BONDING COMPANY (Menial).
ARTICLE 2, SECTION 5A. -"The Chalmtan of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, mid to authorize them to execute on behalf of Abe Company, and aflach the Scal of the,
Company thereto, bonds and undertakings, recognizances, contracts of indentmty and ocher writings obligatory in the nature
thereof."
In Witness Whereof, N113RC'IIANTS BONDING COMPANY (Mutual) has caused these presents to he signed by its Vice Presidents, and
its corporate seal to be hereto affixed, tins 21st day of December A. D., I) 82
Attest: MI:RCHANfIS BONDING COMPANY (Mutual)
o •~0%N 0 Cos.,
0 .
~ V o ~
By
V", 3! r i
• \Oj • I P/alJrN
$so
STATE OF IOWA • •
COUNTY OF POLK St.
On this 21st day of December i9 82 before roe appeared M.J. Long and
William Warner, to me personally known, who being by me duly swops did say that they are Vice Presidents respectively of the
MERCHANTS BONDING COMRINY (Mural), the corporation dcf-.dbcd in the fnnegolor instmsncnt, and that (lie Seal affixed to the
said Instrument is the Corpcxatc Seal of the said Corporation and that the said Insirunem was signed and scaled In behalf of said
Corporation by authority of its Edam of Directors.
In Thlintony Whereof, I have hereunto set my land and affixed my Official Seal, al the City of Des Moires, luwa the day and year I!Nt
above wriuem
0. "N& it
I i 3r : m i - Notary P„Ffk. PMa L'eunry. lonv
Woe . Arv Cnrhn.lnlnn frpbr,
(A7 q~
i 83
~4t I L mD~ S'FATE OIr IOWA
I A COUNTY Or POI.K
1, M. J. lung, Vice Pesidem of the MERCHANTS BONDINO COMPANY (Mutual), do herosopir i It the above
and foregoing Is a (rue and correct copy of the POWER OF AMRN141, executed by Salg~•PONDINO
COMPANY (Mutual), which Is still In force and effect , Q
• 4 ; •'01110? ~A i
In Wlfncas f, I have h~{uunto set my hand and affixed the seal of the Company, at this Zi day of t'l, 19,
$3 r 19~
,
%
This power of anurney expires December _31.L_1983
•;~~Y 1'<<;•'~
.
INSURANCE
CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
Without limiting my 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. WORKMEN'S COMPENSATION STATUTORY
II, COMPREHENSIVE GENERAL LIABILITY
Bodily Injury $100,000 $300,000
Each person Each person
Property Damage $ 50,000 $100,000
Each accident aggregate
III, COMPREHENSIVE AUi'Ci'+IOBIIE LIABILITY
Bodily Injury $1009000 $3009000
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 PROTECTIVE LIABILITY INSURANCE POLICY naming the City
of Donton as Ensured with the following limits:
Bodily In'ury: Property Damage:
$1000000 each person $ 50,000 each accident
$300,000 each accident $100,000 aggregate
Covering the work to be performed by the Contractor for the City of Denton.
B. The Contractor will Atrhish the Owner's Protective Policy described above
and execute the Certificate described on the following page to the City of
Denton for its approval. Insurance mist be accepted before commenoing any work
under the contract to which this insurance applies.
~T.~fG Mi i r r r t .t , r
lolls r , t' . .•r r I r r r
NAh1F AND ADDRESS Of AGERCY
COMPANIES AFFORDING COVERAGES
f-WERS1171FD INSURANCE SERVICES, INC. - -
1516 S'I'FMMONS FR VY,, SUITE D iellc(E"Y A Aetna C & S
CARRC)1.I_T0N, TEXAS 75006
-I[-1.. NO. (214; 242-(36,31 I(TTEEArr+Y B Great American
rLAME M+D A7DIR 5s Oi INSURFO A
coMi'Ar,Y ■V'
L£T I[R
n
Jay-Mar CorporationoInc. COMPANY
TTE I?
N
1819 Dunn LL ETTR /I
- -
_
Grapevine, TX. 76051 COMPANY
LETTER E This is to certify that ~+oroles of insurance listed below have been Issued to the insured namr-0 above and are in force at this time, Notwithstanding any
raquirament, term or condition
of any contract or other document with respect to which this certificate may he issued or may pertain, the insurance afforded by the po:icios described hefeln Is subject to all
the
terms, exclusions and conditions of suO policies,
nonce Limits o Lla II ty In Thausan s
cotnnnFnYR vnu)rN+suRnrut POIICVNU+.IRfI+ xrlRAnbN DAM - IT Ari:RECnIe
I I I
ecE,uerEl Ncr.
GENERAL LIABILITY
POmLY INJUNY 4500 ' 500
A [x-1Iconlvla NLN,IVF 1011M ~X.J PnEEAISEg--LIpFRM1TION$ PROPFIiIY Unh1ACE. S ~
01'10sroN AND COLLAPSF 18x' 39400 10/01/83 100 100
( EIA7n Rt
l x] UNDER(.ES)UNO HAL110 ~'RODUCTS,COMPLE110
OPERATIONS HAZARD NOUILYINJURYANU
W(( )NnMCTOAL INSURANCE PROPERLY OAMAOE i $
Lx HROk) FORra PROPI'MY COIAWNED
OASIAGE.
551 INOLPFNOfNr CONTRA( TORE; LSJ P(TWNAL INJURY PERSONAL INJURY $
x TxMP205
AUTOMOBILE LIABILITY nuDILYINJURY S
WZ11 PFRSONI
A COMpRL RCNSIV[ FORM 60)h.Y INJURY 4500
[X]OwrvED 1.8A.L427896 10/01/83 (EACH ACCIDENT)
® HIRED PPOPFRfY DAMAGE. $100`
HOOIL'! INJURY AND
LXl NONOWNED PROPERI f DAMAGE $
COMHIN£I}_
EXCESS LIABILITY
B UMDRCLLA FORM T• D. NODPROPEILY RLY INJURY DAMAGE AND ; 17000 4
F-1 OTHERNIANUMBRELLA WVINED
FORM
WORKERS' COMPENSATION STATUTORY
A and 18CB321359CPS 10/01/83
CMIPLOYERW LIABILITY $ 100_ rtrc;n~ccmvm
OTNER
OESCRiPTION OF OPERATION 5400 AT ION SNCEIICLES
Cancellation: Should any of the above described policies Oe cancelled before the cxpirallon dale thereof, the Issuing com-
pany will endeavor to meii 10- days wrlten notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME ANOAODRESS OF CERIWICA11-VOLbCR: anu 5,1983
DATE IS L7,
City of Denton
215 E. McKinney
Denton,TX. 76201 DIVERS N SERVICES INC.
OflltCD NChnT.SE
SF. RYA: IVE
ACM 25 (1 79)
r3. VN
,1
-t
' • 908
BID
II ~w,~~ttP lLV~ C~~
PROPOSAL
TO
THE CITY OF DFNTON, TEXAS
For the Construction of
AIRPORT SUBSTATION - JIM CHRISTAL ROAD
CONTRACT I - SITE PREPARATION
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only persor or
parties interested in this prcrosal as principals are those
naued herein, that this ,proposal is made without collusion with
any other p,-:son, firm or corporation; that he has carefully
exairined ti. form o: contact, Notice to Bidders,
specifications and the plans therein referred to, and has
carefully ey mined the locations, conditions, and classes of
• materials of the proposed work and agrees that he will provide
all the necessary labor, r:achinery, tools, apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according
to the requirements of the City as therein set forth.
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 marerial to be furnished may be increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to be performed at the unit prices set forth
below except as provided for in the specifications
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P - 1
It is understood and agreed that the work is to be completed in
full within twenty (20) working days.
Accompanying this proposal is a certified or cashier's check or
B'd 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 t) the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, 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:
P - 2
#gp£3
. AIRPORT SUBSTATION - JIM CHRISTAL ROAD
CONTRACT i
BID TABULATION SHEET
Item Description Unit Extention
Price Quantity Total_
iu0 Preparation of Right-of-Way $3000.00 Lump Sum $5000.00
llu Unclassified Excavation $4.901C. Y. 1700 C.Y. 4330.oo
132 Compacted mill s2•901C. Y. 490 C.Y.
242 Flexible Base (Crushed
Stone) $,151/S.Y. 583_S.Y. 22e.100
465-A 18" R.C.P. Class IV $to.ce/L, F. 30 L.F. 400.00
4b5-B 18" Safety Ends S~oo•O0 Lump Sum S oa.oa
TOTAL
Addendum Received
r
i
P - 3
BID SUMMARY
TOTAL SID PRICE IN WORDS
In the event of the award of a 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, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for
labor performed and materials furnished in the fulfillment of
the contract.
It is
acceptedr,d whenoofullythat
complet d work
and propsd to tin fished in eaccdone ordance shall
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.
L'ni; and lump-sum prices as shown for each item listed in this
shall control over extensions.
NTRACTOR
BY f~ p ~
L/1' 0
;§tfeet A ess cam`
6 20/
y an tate
Seal & Authorization
(If a Corporation)
Telephone
~ 3g~-~ u3!
P - 4
CONTRACT AGREEMENT
STATE OF TEXAS j
COUNTY OF Denton ~
ThIS AGREEMENT, made and entered into this 7 day of January
A.O., 1983 , by and between the City of Denton
of the County of Denton and State of Texas, acting through Purchazinsz,
Public Works, Utility Departments thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and E.D. Calvert
dba Calvert Paving Corp., P.O. Box 268, Rt.'6 Hickory Creek Road
of the City of Denton , County Of Denton
and State of Texas .9 Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and % consideration of the payments and .
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and 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 coRience
and complete the construction of certain improvements described as follows:
Purchase Order 56547, Bid 99088, Site Preparation for Airport Sub-station
and all extra work in connection therewith, under the terms as stated in
the GenerCl Conditions of the Agreement; and at his (or their) own proper
cost and expense to furnish all the materials, supplies, machinery, equip-
mcnt, 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
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 other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by the
City of Denton, Texas
, all of which are made a Rart hereof and collectively
evidence an constitute the entire contract.
The CONTRACTOR 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 tree 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 of these presents have executed
this agreement in the year and day first above written.
ATTEST:
City of Denton, Texas
Party. of t firsVlFa t, OWNER
By
(S L)
A17EST:
Calvert Paving Corp.
Party or the second art,CONTRIC-TOR
Title
(SEAL)
APPROVEL AS TO FORMt
City ttorney •
1
PERFORRUCE BOND
STATE OF I[Ek'3 E
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CORPORATION
, of the City of DENTON ,
County of DENTON , and State of TEXAS
as PRINCIPAL, and SECURITY NATION& 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, TEXAS
as OWNER, in the penal sum of fifteen
thousand eight hundred and twelve and 00/100 Dollars 15,812.00
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 7th day of JANUARY 19 83 for the con-
struction of
site preparation for Airport Substation as per specifications
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW1 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 ba 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 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 e,'iali.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, Sate 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 tha 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 worl; to be per-
formed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 14th day of JANUARY 19 83
CALVERPAVING CORPORATION _ SECURITY NATIOF.AN:. INSURANCE COMP
r ncipa ure- ty
Title Ti 'e AGENT AND ATTORNEY-IN-FACT
Address P.O. Box 268 Address DALLAS, TEXAS
DENTON, TEXAS 76201
(SEAL) (SEAL)
The name and i4ddress of the Resident Agent of Surety is:
RAMEY, KING & MINNIS INSURANCE
707 FIRST STATE BANK BUILDING, DENTON, TEXAS 76201
NOTE: Date of Bond must not be prior to date of Contract.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That CALVERf PAVING CORPORATION
of the City Of DENTON ,
County of DENTON , and State of TEXAS , as
princirial, and S RU ITY NATIONAL INSURANCE cQ_pANY
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto CITY OF DENTON, TEXAS
(Owner), in the penal sum of 150812.00 )
fifteen thousand eight hundred twelve and 00/100 Dollars for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, sucessors and assigns, jointly and
seve!-ally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 7th day of JANUARY , 19 83 .
for SITE PREPARATION FOR AIRPORT SUBSTATION AS PER SPECIFICATIONS
to 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
Sim or a subcontractor in the prosection of the work provided for in saif
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 by the 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 nerein.
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, al-
ternation or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 14th day ofiANuARY 19 83 .
CALVERT PAVING CORPORATION SECURITY NATIONAL INSURANCE COMP
Principal Surety
By:
Title: LGENT AND ATTORNEY-I -FACT
Address: P.O. Box 268 Address: DALLAS, TEXAS
DENTON, TEXAS 76201
The name and address of the Resident Agent of Surety is:
RAMEY, KING 6 MINNIS INSURANCE
707 FIRST STATE BANK BUILDING, DENTON, TEXAS 76201
TheTrinity
VCompanies
Dallas. Texas 75201.
POWER OF ATTORNEY
KNOW ALL I,1EN BY THESE PRESENTS
That TRINITY UNIVERSAL lr6URANCE CO'.tPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINE U VE SU "P Y NS N o
FII i, ~ 6R
Konsvs CD ppoora i on do higibu aIS - ppoint DE.~FZ`ON, TE~(A$' TE L. At
its true and lawful Attorney(s)-in-Foci, with full autharity n, execute on its behol! fidelity and surety
bonds or uoderrttekings an~d~crt,er documents of a similar charc.rer sswj in the coirse of its business, and
to ONEh MIsLEIOCo Jffi there %04amo.,r,ts or oe.,alres not ex,ceding the sJm of 1 y 000/000
._Dollars(S )
EXCEPT NO AUTH:"-JTY IS GRANTED FOR:
1. Bid Cr picncsa! !:o-ds wuere esti,-red csntract t - _•._Peds the aTO~,nt •~ared herein.
7. Open Penalty bads.
J. Bcnds wi ere ACcrne,(s)-in-Fact, as c i, art, cr rsr.
IN WITNESS WF'.EF'EOF, TRINITY UNIVERSAL iKSURAN_E CUi.'PANY, SECURITY NATIONAL IN-
SURANCE COMPANY and TR',flTY UNIVERSAL INSURANCE CO',:PArIY OF KANSAS, !NC., have each
executed and c. ested these present.
th ins15th _ do y n f E , 19 7 r
joy F SAN~~T.' SECRETARY J. TV E R, r' Efi ENT
AUTHORITY FOR POWER OF ATTORNEY
That TRINITY UNIVERSAL INSURANCE COMPANY and SE(IURITT NATIONAL INSURANCE COMPANY,
each o Texas Corporation and TPINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC,, n Kansas
Corporotiet,, in pursuance of authority granted by that certain resolution adopted by their respective Board of
Directors on the Ist day of March, 1976 and of which the following is a t, ve, full, and complete copy:
"RESOLVED, That tna President, any Vice•Presiden+, w any Secre, ary of each of these Companies be and
they ore hereby nuthcrizrd and er.,pcwered to rrmcke, execute, and deliver in behalf of these Companies
unto such perso+, or person s residing within the United States of America, as they may select, its Power
of Attorney constituting and oppointing each such perscn its Attorney-in•Foct, with full cower and author-
ity to moke, execute and deliver, for it, in its none and in its bei,alf, as surety, any particular bond or
undertaking that nay be requlreo in the specified territory under such limitations and restrictions, both
as to nature of such bonds or undertaking and as is limits of liability to be undertaken by these Companies,
as said Officers may deem proper, the nature of such bond; or undertakings and the limits of liability in
which such Powers of Atto.T.ey me; be restricted, to be in cock ins'ance specified in such Power of
Attorney.
RESOLVED, Thor cry and oil Attorneys-in- Foci and Officers cf the Crmpanies, including Assistant Secre-
tories, whet.,er cr rot the Secretary is absent, be and are hereby c-hori:ed and empowered to certify or
verify copies of the By-Laws of thc,r Cumpcnies as well as any resolution of the Directors, having to do
with the execution of bonds, recognitarces, contracts of indemnity, and .ll oth-r writings obligatory in the
nature thereof, cr with regard to the powers of ony of the officers of these Companies or of Attorntys•in.
Foc t,
RESOLVED, That the signoture of any of the persons described in +re foregoing resolution may be fac-
simile signatures as fixed or reproduced by any form of typing, printing, stomping or other reproduction of
the names of the persons hereinabove authorized."
CERTIFICATION OF POWER ATTORNEY
1, Judy Fagan, Asst. Secretary of TRINITY UI' VERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the foregoing Resolution, of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, are true and corre-t and ore still In full force and effect.
IN WITNESS WHEREOF, 16ov, hereunto see~ttt~ /my hanc on led the facsimile seal of each Corporation
this~~ day of -4 14 el-
It
!e j •p ~rw, au•q
+ Yt f '•.••'ad rtq
=~SEAL';•: E?SEAUi sAO~N ♦ff EEC ET4RY
Y v
1-foie
y
O
A~
LEASE
THE STATE OF TEXAS
KNO.+ ALL XEN BY TFFSE PRESENTS:
County of Denton
By this Agreeme-:t made and entered into this _6 _ day of Jan , A. D.
1953, between the City of Denton, Texas, a Municipal Corporation, as lessor,
and Cheryl K. Standifer as lessee, in consideration of the
covenants of the lessee hereinafter set forth, lessor demises and lets to
lessee the premises at G?5 Maple Street, sitaated in the City of Denton,
County cf Denton, State of Texas, together with all appurtenances, for a
tee;:. of one 0' month, commencing on the _lst dal" of tanuary
A. D.
1983, renewable from month to month upon compliance with the covenants, terms
and conditions contained herein, as follows:
1. It is agreed that lessee shall pay to lessor the sum of $150.00
one hundred fifty and no/100 per month as and for rental of the premises.
All rent shall be payable in advance on or before the 1st day of each month.
Lessee agrees to pay the sum of five (5%) percent of the monthly rental as a
late charge in the event the rent is paid more than ten (10) days after same
is due.
2. Receipt is hereby acknowledged of one Hundred Dollars ($100.00) as
a security deposit for the faithful performance of this agreement. The same
shall be returned to the Lessee upon vacating the premises in a clean condi-
tion, less all charges for damages done to the property, and the return of
all keys thereto.
` 3. Lessee shall pny for all water, gas, heat, light, power, telephone
service, and all other service supplied to the rremises.
4. Lessor covenants that, on paying the rent and,performing the cove-
nants herein contained, lessee shall and may peaceably and quietly have,
hold, and enjoy the demised premises fo: the agreed term.
5. %essee shall use the leased prE,dses exclusively for a private re-
sidence, and shall not, without lessor's prior written consent, assign this
lease or sublet the whole or any part of the leased premises, or make any
chances or alterations to the premises. Any changes or alterations made in
;c- cf this agr.~rc•,. > :11 become the property of the lessor.
6. Lessee shall keep no domestic or other animals on or about the
leased premises without the prior written consent of the lessor.
7. Lessee agrees to purchase and maintain in effect a policy or
policies of insurance written by a company or companies qualified to write
insurance in the State of Texas, saving harmless and protecting lessor and
the demised premises against any and all damages, claims, liens, judgments,
expenses and costs arising from personal injury or personal property damage
occuring on the premises due to fine, flood, water leaks, rain, hail, ice,
snow, explosions, interruptions of utilities, or Acts of God unless such
personal injury or property damage is directly and proximately caused by the
active negligence of lessor. Such insurance shall be in the following lim-
its:
(a) Bodily Injury, fatal or nonfatal $ 1009000 per person,
$ 100,000 per occurrence,
(b) Personal property damage $ 250.00
Lessee shall exhibit proof of such insurance to lessor within 15 days
from the date hereof.
8. Lessee agrees, at his owe. expense, to maintain the leased premises
and appurtenances thereto in good repair, and in at least as good condition
as that in which they were delivered, allowing for ordinary wear and tear.
Lessee further agrees to keep the grounds in neat order and condition and to
permit no waste or injury to the growing plants and vegetation thereon.
9. Lessee shall comply with a'1 sanitary laws, ordinances, and rules,
and all orders of the board of health or other authorities affecting-the
cleanliness, occupancy, and preservation of the demised premises, and the
sidewalks connected thereto.
10. Lessee shall not keep or have on the leased premises any article or
thing of a dangerous, inflammable, or explosive character that might increase
the chance of eruption of fire on the leased premises, or that, ordinarily,
would be considered "hazardous" by any responsible insurance company.
11. As part of the consideration for this lease, lessee agrees to dili-
gently observe any activity in the I.O.O.F. Cemetary adjacent to the leased
premises and immediatley notify the proper authorities in the event of vanda-
lism or property destruction therein. Lessee further agrees to provide infor-
LEASE - PAGE 2
mational assistance to cemetery visitors and forward any cornents of visitors
to the office of Parks and Recreation for the City of Denton, Texas.
12. Lessor may, but shall not be obligated to, enter the premises at any
reasonable times, on reasonable notice to lessee (except in case of emergency)
for the purpose of inspection or the making of such repairs, replacements, or
additions in, to, on and about the premises as lessor deems necessary or de-
sirable.
13. Either party hereto may terminate this lease upon thirty (30) days
written notice to the other. Failure of the lessee to so notify the lessor
shall constitute forfeiture of the security deposit herein.
14. In the event the lessee shall default in the prompt payment of rent
when same is due, or violate any of the covenants, conditions or provisions
of this agreement, lessor v,ay send written notice of such default by mail or
otherwise, to the demised premises, and unless lessor shall completely cure
said default within three (3) days after sending said notice, lessor may, at
its option in writing to le:see, declare this lease terminated and may insti-
tute and maintain the statutory suit of forcible entry and detainer in the
proper Court and obtain a writ of possession thereby. All property placed
upon the premises by the lessee, except that which is exempt purstant to
Vernon's Ann. Civil St. Art. 5235d, Sec. 2 is subject to a lien in favor
of the lessor, said lien in addition to tha statutory landlord's mien, and
subject to seizure for any and all rentals due and unpaid by lessee.
15. The failure cf either party to insist on strict perfarmance of any
covenant or condition hereof, or to exercise any optt)n herein contained,
shall not be construed as a waiver of such covenant, condition, or option ,
in any other insta ue.
16. This agreement constitutes the entire agreement of the parties
hereto, and no other agreements, promises, or representations shall be of
any f,)rce or effect unless ir, a future writing signed by the party making
such agreement, promise or representation.
17. The covenants and conditions herein contained shall apply to and
bind the heirs, executors, or assigns of the parties hereto and all cove-
nants shall ;,e construed as conditions.
LFAFE - PAGE 3
a r` ,
EXECUTED this the day of
A. D. 198 ~3-.
CITY OF DENTOfI, TEXAS Ze- LESSEE(S)
B ,
Chris artung
City Maniger
LEASE PAGE 4
~ r ~`~lw
~
w ~
9 2
• BID f
PROPOSAL 2
TO dzlllz `l ~U«~ ('9 .
THE CITY OF DENTON, TEXAS
For the Construction of
AIRPORT SUBSTATION - JIM CHRISTAL ROAD
CONTRACT II - CONCRETE WORK
IN
DENTON, 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 or corporation; that he 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 work and agrees that he will provide
all the necessary labor, machinery, tools, apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according
to the requirements of the City as therein set forth.
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 increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to be performed at the unit prices set forth
below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P - 1
It is understood and agreed that the work is to be completed in
full within ten (10) 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
Lontract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, and shall be
considered as payment for damages due to delay W. 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 1nd 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:
P - 2
AIRPORT SUBSTATION - JIM CHRISTAL ROAD
• CONTRACT II
BID TABULATION SHEET
N
Section 1
Unit Extention
Item Description Price Quantity Total
421-A Class A Concrete $oo.ov 2.5 C.Y. $/,o°o.oo
432 Class B Concrete Riprap $ 25 S.Y. 900.00
440 Reinforcing Steel $ SO 280 Lbs. NO. °u
524 Concrete Driveway $ 36.00 63 S.Y. 2,265.00
TOTAL with 421-A 50 g. 00
Section 2
421-B Class Concrete $•VV0.00 C.Y. $
(Please submit a price capable of being used for
general small structure type concrete work.
440-B Reinforcing Steel $ .'.'o L.S.
Total $
TOTAL of Section 1 and Section 2 $
0
Addendum Received
P - 3
• BID SUMMARY
TOTAL BID PRICE IN WORDS
~n
In the event of the award of a 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
cc,npliance with the terms and provisions of the contract, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful 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 undersigned certifies that the bid prices contained in this
. proposal have been carefully checked and are submitted as
correct end final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions,
ONTRACTOR
BY p r
Str et tAdd ress
y an tate
Seal & Authorization
(If a Corporation)
Telephone
P - 4
CONTRACT AGREEMENT
STATE OF TEXk-c
COUNTY OF Denton
THIS AGREEMENT, made and entered into this 7 day Of January
A.D., 14 83, by and between the city of Denton
of the County of Denton and State of Texas, acting through the
Utility/Public works/Purchasing thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Calvert
Paving Corporation, P.O. Box 268
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
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNEP.), and 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 1OWNER) to commence
and complete the construction of certain improvements described as follows:
Purchase Order 56548, Bid 690$2 Concrete Pads at Airport Sub-station
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,'the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
to Bidders, and the Performance and Payment Bonds, all attached hereto,
and in accordance with the plans, which includes all maps, plats, bl• -
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by The
City of Denton, Texas
all of which are made a part hereof and collectively
evidence an constitute the entire contract.
The CONTRACTOR 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 a:l 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 ray 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 of these presents have executed
this agreement in the year and day first above written.
ATTEST:
City of Denton, Texas
'art t rst ar , NE
Ahu R
By -
ht~
(SEAL)
ATTEST:
Calvert Paving Corp.
Party o the econdPaPart, UNT CTUR
By
Title
(SEAL)
APPROVED AS M FO
C ty torn y
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON I
KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CORPORATION
, of the City of Denton ,
County of Denton , and State of Texan ,
as PRINCIPAL, and SECURITY NATIONAL 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
I as OWNER, in the penal sum of four
thousand, three hundred eight and 00/100 Dollars 4.308.00
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and sever-ally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, .sated the 7th day of ,TANUAM 19,13_, for the con-
struccion of
AIRPORT SUBS117ION FOUNDATIONS
whici contract is 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 cnd 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 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 o
y, 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 14th day of JANUARY 1983
CALVERT PAVING CORPORATION SECURITY NATIONAL N URANCE ANY
Principal uret
By 'C By i~
Title le AGENT AND ATTORNEY-IN-F T
Address_P.O. Box 268 Address
DENTON, TEXAS DALLAS, TEXAS
(SEAL) r
(SEAL)
The name and address of the Resident Agent of Surety is:
RAMEY, KING 6 MINNIS INSURANCE, 707 FIRST STATE BANK BUILDING,
DENTON, TEXAS 76201
NOTE: Date of Bond must not be prior to date of Contract.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF MTON
KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CORPORATION
of the City of DENTON
County Of DENTON and State of TEXAS , as
principal, and SECURITY NATIONAL INSURANCE COMPANY
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and fo'rmiy bound unto CITY OF DENTON
(Owner), it the penal sum of 4,308.00 )
four thousand three hundred eight and 00/100 Dollars for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, Lxecutors, sucessors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the lUL_day of JANUARY , 19 83 ,
FOR AIRPORT SUBSTATION FOUNDAT?ONS
I
to 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 pay all claimants supplying labor and material to
him or a subcontractor in the prosection of the work provided for in saif
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 by the acts of the 56th Legislature, Regular Session, 1959, and
all liabilities on this bond shall be determined in acr.)rdance with the
provisions of said Article to the same extent as if it were copied at
length herein.
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 Ferformed 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, al-
ternation or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 14th day of JANUARY , 19 83 ,
CALVERT PAVING CORPORATION SECURITY NATIONAL INSURANCE CORPORAT
Principal urety
By: Title: TAGENT AND ATTORNEY-IN-F CT
Address: P.O. BOX 268 Address:
DENTON, TFXAS 762011 DALLAS TEXAS
The name and address of the Resident Agent of Surety is:
RAMEY, KING b MINNIS INSURANCE 707 FIRST ;TATE BANK BUILDING
DENTO N, TEXAS 76201
Thertrinity
WCompanies
Dallas, Texas 75201
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRIM UdIVE jSIJ PWY JJN64NS fi N[ a
Kansas Corporation do hereby oIS~point• • I +r+~`~+ LU+. 1117Cie ~ VR
RANDALL L. MINN - DENTON, TEXAS
its true and lawful Attorney(s)-in-Fort, with full authority to execute on its behalf fidelity and surety
bonds or undertakings and other dacurnents of a similar character issued in the course .1 its business, and
to bi
ONE A d the rfyect y~ca ppny theerr710 o amounts or penalties not exceeding the Rum of
1i LL VV AN 1e0001000
Dollars )
EXCEPT NO AUTHORITY IS GRANTED FOR.
1. Bid or propcsal bonds wt•ere ~stlmorod contract pace eec~eds the amcunn stated herein,
2, Open Penalty bonds.
3. Bonds wf,ere Attorney(s)-in-Fact, aFGear as a party a• -Neresl.
IN VOTNESS WHEREOF, TRINITY UNIVERSAL INSURANCE (-CYPANY, SECURITY 1ATIONAL IN-
SURANCE CO'APANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each
executed and ottested these presents
.¢o_ this day rf
15th 4LFS11 19 77
~`-'OY F GA N,"ASS ETAAY A. JENT
r AUTHORITY FOR POWER OF ATTORNEY
That TRINITY UNIVERSAL INSURANCE COQ"APANY and SECURITY NATIONAL INSURANCE COMPANY,
each o Texas Corporation and TRINITY UNIVERSAL INSURANCE COSIPANY OF KANSAS, INC., a Kansas
Corporotlnn, in purl once of outherity -.anted I y that certain rewl~rion adopted by their respective Board of
Directors on the ;sr day of Morch, 1976 and of which the follawing is a true, full, and complete copy:
''RESOLVED, That the President, any Vice-Fresident, or any Secretary of each of these Companies be and
they are hereby authorized and empowered to make, exeCJte, and deliver in behalf of these Companies
unto such person or persons residing within the United Stoles of A~~erico, as they may select, its Power
of Attorney constituting and ec.poirting each such ~ersun its Attzrnoy-in•Fact, with full power end author-
ity to make, execute and deliver, for it, in its name and in its behalf, as surety, any particulor bond or
undertaking that may be required in the specified territory, under sucl, limitations and restrictions, both
as to nature of such bonds or undertaking and as to limits of liability to he undertaken by thesE Companies,
as said Officers may deem proper, the nature of such bonds or undertckings and the limits of liability to
which such Powers of Attorney may be restricted, to be in earl% instance specified In such Power of
Attorney.
RESOLVED, That any and all Attorneys-in-Foot and Officers of the Companies, including Assistant Secre-
tories, whether or rot the Secretary is absent, be Ord are hereby authorized and empowered to certify or
verify copies of the By-Laws of these Compon?es as well as any resolution of the Directors, having to do
with the execution of bonds, recognizences, contracts of indemnity, and all other writings obligatory in iioe
nature thereof, or with regcrd to the powers of any of the officers of these Companies or of Attorneys-in.
Fact.
RESOLVED, That the signature of any of the persona described in the fcregoing resolution may be foc-
simile signatures as fixed or reproduced by any form of typing, printing, stamping or other reptodvction of
the names of the persons hereinabove authorized."
CERTIFICATION OF POWER ATTORNEY
I, Judy Fagan, Asst. Secretary of TRINITY UNIVERSAL INSURANCE CCMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, are true and correct and ore still In full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand Uii.ed the facsimile seal of each Corporation
r 13
this day of 19,
OiA J FAaAN ASf SEC ii([
e-aeee
P
~ ~ ~
1~
BID ##9084
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
AIRPORT SUBSTATION - JIM CHRISTAL ROAD
CONTRACT III - FENCE SECTION
IN
DENTON, 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 or corporation; that he 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 work and agrees that he will provide
all the necessary labor, machinery, tools, apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according
to the requirements of the City as therein set forth.
It is understood that the following quantities of wort: 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 increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to be performed at the unit p.•ices set forth
below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shows. on the
plans or required by the specifications, in accordance with the
provisions to tre General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P - 1
# go It is understood and agreed that the work is to be completed in
full within ten (10) working days.
Accompanying this proposal is a certified or cashiers 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 tha proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, 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 accordan,a with the
plans and specifications, for the following sum or prices, to
wit:
P - 2
# 9084
AIRPORT SUBSTATION - JIM CHRISTAL ROAD
CONTRACT III - FENCE SECTION
BID TABULATION SHEET
Item Description Unit Extentic
Price Quantity Total
56u'-A Connection to all Existing
Fences $ Lump Sum
568-B 6' Chain Link Fence $ ~.?0/L.F. $ 770 /L.F. 47711, 10
568-C 25' Chain Link Gates $ ?-'"c,`JEa. $ 2 /Ea. $ SG~.cc
TOTAL $IV 7y 06
Addendum Received 0
Fk-1x40#
D~
0
C~
P-3 ti~}
~t~;l
CONTRACT AGREEMENT # 9084
STATE OF TEYAS
COUNTY OF Denton
THIS AGREEMENT, made and entered into this 5 day of January
A.D., 19 83s by and be,.ween The City of Denton
of the County of Denton and State of Texas, acting through The
Purchasing/Utility Departments thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Russell Miller
dba Hurricane Fence Co., 2218 Fort Worth Drive
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
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and 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 (r'4NER) to commence
and complete the construction of certain improvements described as follows:
Purchase order 56593, Bid #9084 Installation of Fence at Denton Municipal
Airport Electrical sub-station for the total contract amount of $5,274.00
and all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreemeo t; 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 compiete 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
# 9084
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 other drawings and printed or eeritten explanatory matter
thereof, and the Specifications therefor, as prepared by the
City of Denton Public Works/Utility Departments
, all of which are made a part hereof and collectively
evidence and constitute the entire contract.
The CONTRACTOR 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 of these presents have executed
this agreement in the year and day first above written.
ATTEST: /j
City of Denton, Texas
nid
Par t Part, NE
(SEAL)
ATTEST:
Hurricane Fence Company
Party of the Second Part,CONTRACTOR
BY -
Title
(SEAL)
APPROVED AS TO FORMS
Cit Att
CITY OF DENTON
CERTIFICATE OF IN51lRANCE
# 9 0 8.4
TM3 IS TO CERTIFY THAT THE UNITED STATES FIDELITY .A GUARANTY COMPANY
Insurance Company
of_ Dallas, Texas , 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 Tees. It is
agreed that none of these policies will be cancelled or changed so as to affect
this Certificate until ten (10) days after written notice of such cancellation or
change has been delivered to the City of Denton city Hall, Denton, Texas,
1. INSURED:_ Hurricane Fence Company
X. ADDRESS: 2218 Fort Worth Drive, Denton, Texas 76207'
9. STATUS OF INSURED: Corporation CD Partnership 0 individual Q
4. DESCRIPTION OF OPERATIONS: Iostailing Fences
INSURANCE POLICIES IN FORCE
POLICY EFFECTIVE EXPEFa,TE0:1
COVERAGE h1M8ER DATE DATE LIMITS OF LIABILITY
I. WORKMEN'S STATUTORY
COMPENSATION 11850148821 9-1-82 9 1-83
II. COMPREHENSIVE A. Each
GENERAL person $ 250. _
LIABILITY Each
A. Bodily 1CC017329587 9-1-82 9-1-83 Acciclcnt $ 500.
Injury D. Each
B. Property Accicent $ 500.
Damage Aggregate $ 500
IIx. COMPREHENSIVE A. Each
AUTOMOBILE 100017329587 9-1-82 9-1 83 Person $ 250.
LIABILITY* Each
A. Bodily Accident $ 500
Injury It. En cII
B. Property Accident $ 100
Dawi f c
* COMPREHENSIVE ALTOMOMIX LIA(tlt.ITY INSURANCE ini luJra ALL ou-ned. Hired, or iu+n•
owned automotive equipment used in conucction with the ittr.urvd ulivintions.
Jae;, 21, 1983 DAL LOVE INSURANCE A0 N0 ;
Date Name o"-rlst alwip C)II. ,.1n -
' AtitltvH.:i•d' iti~,(~t rsc i t.t t i vc
,-r1Q1 S Sharm2n Suits, 20
AddT•'+: al Authul'I.•+~I h~•I~~••.rnl.it,%p
a
o, ~ ~
~U ~
a
~
I>>j-,7
6 Lone Star Gas Company
307 S. Norwood Srreet • Douai, Teas 75201
January 6, 1983
R p01 ~ oenm
Q [r rr~ow
(SC(NOWOU
:ity Secretary
City of Denton
Denton, Texas rJAN ! 8 1 ;
SubJect:
Lone Star Gas Company
Distribution System Maps
Denton, Texas
City Secretary:
According to the provisions of our franchise with the
City of Denton, Section 9, we are required to submit
annually a !nap of our gas distribution system within
the city'.
I am forwarding a copy of this map showing our gas
distribution system as of January 1, 198;.
Sincerely yours,
HERBEhT CREAMER
sb
Attachment
cc Mr. R. E. Reading
Mr. B. J. Thogmartin
file
~:i
OWN
A
BID f#9037
PROPOSAL j?tl..S-G S-7 3-
TO
THE CITY OF DENTON, TEXAS
For the Construction of
WINDSOR DRIVE WATER F, SEWER IMPROVEMENTS
IN
DENTON,.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 or corporation; that he 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 work and agrees that he will provide
all the necessary labor, machinery, tools, apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according
to the requirements of the City as therein set forth.
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 increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to be performed at the unit prices set forth
below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P-1
(1 It is understood and agreed that the work is to be completed in
' full within forty (40) 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 performance bond and a payment bond within
fifteen days after its acceptance, 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:
p 2
X9087
f~ WINDSOR DRIVE WATER AND SEWER
BID TABULATION SHEET
Estimated Bid Extention
Item Description Quantities Price Total
W-1 6" Watermain 446 L.F. 8,50/L. F. 379/.oo
W-2 2" Water Services 25 Ea. 39s; oa/Ea. 1 (025.003
W-3A lti" x 6" x 16" T.S. $ V 4 Ea. /Z0 0.00/Ea. 4 % oo.e o
W-3B 6" x 6" x 6" T. S. & V 1 £a.. 7SO,01Y Ea. "f 5,00 610
S-1 8" Sewermain 1272 L.F. 6.40/L. F. 111 3-4,0480
S-2 6" Sewer Services 25 Ea. bo/Ea. °
S-3A 4' Manhole 4 Ea. 3 4 00.00
8 5e.~/ Ea . .
S-3B Break into Existing
Manhole 1 Ea. (,p0,OgEa. b 00.0e
S-3C Offset Manhole Top 1 Ea. `&oa#Ea. 1600.04
S-4 8" Sewer Cleanout 2 Ea. 374.o4fEa. 748,60
340-C Asphalt Patch (Type D) 10 Tons Sb,vo/Ton $ coo., GO
460 24" CMP Sleeve 60 L.F. L. F. 7. Z}e o• e o
Total s44-1-14.90
r
P - 3
.
BID SUMMARY 0 ` 7
TOTAL BID PRICE IN KORDS r _y 444 7yLONS~KQ OnG ~uKAvse~
~C1/Pf'L't4 `FnuY CL a ll LYS 2r~~ G. ~t~.'~'y C.et,~-S
In the event of the award of a 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, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful 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 undersigned 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 as shown for each item listed it, this
proposal, shall control over extensions.
Moor& cooks-k Ca.
L;U
BY
Po Mg_ 44q
Street ress
City an state
Seal 4 Authorization
(If a Corporation)
Telephorjj4-$8G - ZS
P - 4
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF. Texas
THIS AGREEMENT, made and entered into this 5 day of January
A.D., 1g`, by and between Tha City of DAntnn
of the County of Denton and State of Texas, acting through the
Purchasing/utility Departments thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and R.V. _Moore.
dba. Moore Construction Co.
of the City of Jacksonville County of
and State of Texas Party of the Second Part, hereinafter
termed CONTRACTOR.
NITHESSETH: That for and in consideration of the payments and...
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER); and 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 #4087 Windsor Drive Water & Sewer Improvements and our purchase
order #56573.
and all extra work in connection therewith, under the terms as skated 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
servizes 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
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 other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by the
City of Denton Utility and Public Works Departments
all of which are made a part hereof and collectively
evidence awn constitute the entire contract.
The CONTRACTOR 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 Nf this Con-
tract, such payments to be subject to the General and Spec.al Conditions
of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this agreement in the year and day first above written.
ATTEST:
Par a st Part OWNER
B LA/A
( L}
ATTEST:
'VJf~` Sr Party the Se and Part, NT CTOM
BY
(SEAS.)
APPROVED AS TO FORM:
City ornay
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That Moore Construction Inc.
, of the City of Jacksonville
County of Cherokee , and State of Texas
as PRINCIPAL, and Aetna 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 forty four
thousand one hundred seventy four & eighty/100 Dollars 44,174.80
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 5th day of January , 19 83 , for the con-
struction of
Bid No. 9087
Windsor Drive Water & Sewer Improvements
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 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: otherdise 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
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 Cherokee 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-
Vormed thereunder.
-IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this _ 5=h day of January lg 83
Moore Construction Inc. Aetna Insurance Company
Principal urety
11611
By V / Lc? 8Y
Title Title W. Lawrence Brown, Attorney-in-Fact
" "t'OI' Campbell Centre
Address Address 8150 N. Central Expressway
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Joe Bruce
c/o exan c Alexander of Texasp Inc.
DT
iamond Shaurock Tower, 19th Floor-Lock Box 8, Dallas, Texas 75201
140TE: Date of Bond must not be prior to date of Contract.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That Moore Construction Inc.
of the City cf Jacksonville
County of Cherokee and State of Texas' as
principal, and Aetna Insurance Company
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto city of Denton
(Owner), in the penal sum of (E_44,174)
forty four thou. one hund. seventy four & eighty/100 Dollars for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, sucessors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 5th day of January 19 83
Bid No. 9087 `
Windsor Drive Water & Sewer Improvements
to 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 pay all claimants supplying labor and material to
him or a subcontractor in the prosection of the work provided for in saif
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 by the 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.
Surety, for value received, stipoclates 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, al-
ternation or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 5th day of January 19, 83
Moore Construction Inc. Aetna Insurance Company
Principal S ety
JAM
~u.
By: C 1 t Z By:
Title: 1/ Title: W. Lawrence Brown, Attorney-in-Fact
401 Campbell Centre
Address: Address: 8150 T. Central Expressway
Dallas, Texas 75206
The name and address of the Resident Agent of Surety Is:
Joe Bruce
C/o exan er a an ,
Diamond Shamrock Tower. 19th Floor-Lock •Box 8, Dallas, Texas 75201
MAINTENANCE BOND
THE STATE OF TEXAS I
COUNTY OF I
KNOW ALL MEN BY THESE PRESENTS:
THAT Moore Construction Inc.
as Principal, and Aetna Insurance Company
a Corporation authorized to do business in the State o Texas, as
surety, do hereby acknowledge themselves to be held and bound to pay
unto the City of Denton, a municipal corporation of the State of
Texas, its successors and assigns, at Denton, Denton County, Texas,
the sum of
four thousand four hundred seventeen and forty eight/100
dollars 4.417.49 108 of the total amount of the contract
for the payment of which sum said principal and surety do hereby
bind themselves, their successors and assigns, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, said Moore Construction Inc.
has this day entered into a written co ttract with the said City of
Denton to build and construct Bid No. 9087
W'ndsor Drive Water 6 Sewer Improvements
which contract and the plans and specifications therein mentioned,
adopted by the .ity of Denton, are filed with the City Secretary of
said City and a-:e 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, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improve-ments contemplated by said Contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section is
to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
cccordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this b-,dd.
MB-1
NOW, THEREFORE, If the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherVise, 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 successive breaches of the conditions herein
provided until the full amount of this bond shall have been
exhausted, and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
IN WITNESS WHEREOF the said Moore Construction Inc.
as Contractor and' Principal, has caused these
presents to be executed by Vice President
and the said Aetna Insurance company
as surety, has caused these presents to he execute by is
Attorney-:n-fa"-t W. Lawrence Brown and th said
Attorney-iv-fact as hereunto set his an t is the 5th
day of January 1 19 83
SURETY: PRINCIPAL:
Aetna Insurance Company ~J
-A A
BYs .
W. Lawrence Brown
ATORNZY-IN-FACT
M9-2
e
oetm
/ulna Insurance Company .
OF HARTFORD, CONNECTICUT POWER OF ATTORNEY
wundur carowmiy
Know all Men by these Presents, That ATNA INSURANCE COMPANY, a corporation created by and existing under the taws of :he ''ta'e of
Connectreut, having its principal office in the City of Hartford, State of Connectcul, does hereby nominate, constitute and appoint H. A. Gibson
or Joe Bruce or W. Lawrence Brogan or Janice G. Correy or Dorothy Valek or William D, 3a!dwin
or Gene W. Holt or Kathleen Day of Dallas, Texas*
its we and lawful attorney(s) in fact, with furl power and authority hereby conferred to execute, and to affix thereto the Seal of the corporation, as Suroty. s Its
act and deed, subject to the limitations and conditions he,elnatter set forth, bonds and undertakings as follows:
Any and all bonds and undertakings of suretyship*
and to bind (ETNA INSURANCE COMFANYtheret as fully and to the same extent as if such bond were signed by the duly authorized officers of ATNA
INSURANCE COMPANY, and all the acts of said attomey(s), pursuant to the authority herein given, are hereby ratified and confirmed.
This power of attorney is granted under and by the authority of the following applicable paragraphs of ARTICLE 11 of the BYLAWS of the company.
The presldenl or a vice president may execute fidelity and surety bonds and other bonds, contracts ohnderli recogn zances. stipulations, undertak-
ings, receipts, releases, deeds, releasesof mortgages, contracts, agreements, policies, notices of appearance, waivers of citation and corsentsto monfica-
bons of contracts as maybe required in the ordinary course of business or by vote of the directors, and such execution may be attested where necessary or
desirable and the seal of the Company where necessary or des'. table may be affixed to tha Specific instrument by a secretary or an assistant secretary
.
The president or a vice president may with the concurrence of a secretary or an assistant secretary appoint and aufhpnze an attorney-in-fact or any other
person to execute on b ehalf of the comp any any such instruments a nd unde rta k Inge and to affix the seal of the company thereto where necessary or de slrable.
The attorneys-in-lace under the preceding paragraphs of this article a re authorized and empowered to c erLty lo a copy of any of the bylaws of the company
oranyrmiulions adopted by the cirectors Or lothe financial statementol the condition of the company andto affix the seal of the COmpanytheret0 w'lerd
necessary or desirable.
Thispowerof attorney is signed and sealed by facsimile under and by the aulhonryof the following Resolution, adopted by the board of Directors W line
,,ETNA INSURANCE COMPANY at a meeting duly called and held on the 11th day of February, 1966.
RESOLVED THAT, in the execution, artestatwn and sealing of any instrument or undcna> Ong authorized by Article it of the Bylaws, the lacsimile signa•
tures of the officers and the facsimile seal of the Company affixed thereto shall ba valid and binding upon the Company.
IN WITNESS WHEREOF, !ETNA INSURANCE COMPANY has caused these presents to be signed by its President and is Secretary and its carporale
seal to be hereunto affixed, attested by its Secretary, this .........21.5, t,,,,,,,„ day of e,p,ternbe r 19 .5..2...... .
t (ETNA INSURANCE COMPANY
Attest:
%~IG
Secretary President
ahUTf01
a
rETNA /
STATE OF CONNECTICUT Lstr~Ks
ta
ss. ~hzci+°SS Secretary
COUNTY OF HARTFORD
On this .......213.t day of .S e p.tember..., , 19.8 2. , before me, Diane L. Tacker. the undersigned officer, personally appeared
HERRICK A. DRAKE and J.J. MURPHY who acknowledged themselves to be the President and Secretary of (ETNA iN SURANCE COMPANY, a corporation,
and that they, as such President and Secretary being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the
name of the corporation by themselves as President and Secretary, and that said Sect ' ry arlixed thereto the seat of the corporation and attested to the exe•
cution at the foregoing Instrument.
In Witness Whereof I hereuntc set my hand and seat.
1. J`4
lp
:NOTARY • 0~~
y\ PUBLIC 4, l Ni Pubhc
r4l gf RD~O~t My commission expires Ap l 1, 1965
CERTIFICATE
I, the undersigned, Secretary of the /ETNA INSURANCE COMPANY, a Connecticut corporation, DO HEREBY CERTIFY that the above and foregoing
Power or Adotney remains in full force and has not been revoked; and, furthermore, that the paragraphs of ARTICLE 11 of Ihs BYLAWS of the corporation, and
Cie Resolution of the Board of Directors, as set forth in the Power of Attorhey, are now to force.
Signed and Seared at Hartford. Connecticut, this .........5t??.......... day of .........Janet....,...... , 19...83_..
~t,atro~
~iNA
43900 ~C ~
Feral aaae7a Ed.11•60 Rev. (342) PAINTEb IN V S A. b tcs1 Secretary
INSURANCE
CITY OF DENTON
INSURANCE MINII4M WAUIMMS
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
1. WORKMEM COMPENSATION STATU=
II. CaMPPMENSIVE GENERAL LIABILITY
Bodily Injury $1002000 $300,000
Each person Each person
Property Damage $ 50,000 $1002000
Each accident aggregate
III. COMPREHENSIVE AUTCMBIIE LIABILI'T'Y
Bodily Injury $1003000 $300000
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 PROTECTIVE LIABILM Y INSURANCE POLICY naming the City
of Denton as insured with the following limits:
Bodily Injurl: Property Damage:
$100,000 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.
B. The Contractor will famish 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 commncing any work
under the contract to which this insurance applies.
• CITY OF DENTON
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY THAT THE
Insurance Company
of 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
this Certificate until ten (10) days after written notice of such cancellation or
Change has been delivered to the city of Denton .*city Hall, Denton, Texas.
1. INSURED:
t. ADDRESS:
3. •STATUS OF INSURED: Corporation 0 Partnership Q Individual Q
4. DESCRIPTION OF OPERATIONS:
INSURANCE POLICIES in FORCE
POLICY EFFECTIVE EXPIRATION
COVERAGE NUMBER DATE DATE LIMITS OF LIABILITY
I. WORKMENIS STATUTORY
COMPENSATION
II. COMPREHENSIVE A. Each
GENERAL person $
LIABILITY Each
As Bodily Accident $
Injury B, Each
8, Property Accident $ _
Damage Aggregate
III• COMPREHENSIVE A. Each
AUTOMOBILE Person $
LIABILITY* Each
A, Bodily Accident $
Injury fi. EaCh
B, Property Accident $
Damage
a COINPRERENSIVE ALTOMOMIX LIAUILITI' INShRAMT. inrluden ALL uw:u•d, hired, or noii-
.owned automotive equipaxnt used in connection with the iar.urrd upviatitm..
Date Nam of Insur.ui%.e t,4nni0.uiy.
by l.
Aulhori:ed itapie:.cutative
Addresn, of Aulhurl:.Cd
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NAM[ AND A[IE`Rl SS nt ii Nr I
Wayne G. Davis Insurance Agency, Inc COMPANIES AFFORDING COVERAGES
P.O. Box 42358
A 7(pS"j3
Houston, Texas 77242-2358 Erh; WNY St. Pa+•1 Ins. Co. A
i4`i'a Nr
IE1~f,: St. Paul Ins. Co.
4Ahr( 4N. AII IN `5 +a IN l~![I'
I
Moore Construction, Inc. American Excess Ins. Co.
P.O. Box 669 hlA ' D
Jacksonville, Texas 75766 IR
(OMVANr
VII(R E
_
Th,S is to certlty that -policiesof insurance listed bii hay, been issued to the insured named above and ere in force at this time NOtwithslandinQ any requirement, term or condition
of any contract or other document with respect to which this cerLlkete may be issued or may pertain, the insurance amordud by the policies described herein is wtiect to oil the
(cans, exclusions and conditions of w;h policies.
cC:MF'ANr . r Urnits of Liability in Thousan s7- - I
Ii77[R 1r{tfllVq 'JAN I, ~i u ~
I,I ITT.>'r I'ArI I L11 AGGR[GATf
L RFf N(-f
GENERAL LIABI
LtTY
B. 542 ZC 0903 5/10/83 N`xrINJU.r a 300 ' 300
rC71r 100 ' 100
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thy, RAVL DJChrIV 1URY AND
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El FRQAD IORV 1'R;IPl RrY IOMBiNCD
Ddi I;E
❑ i4DEFL%Dt Nt CONTRA. T-. R,
El F'[RS OV 4; IV1UR+ Pf RSGNAL INJURY S
AUTOMOBILE LIABILITY BUDn f I NJURY
A. 50ccyPR(HENSw[ FORM 542 TG 4338 5/10/83 BODILY s K25 o
oiLr INJURY owN[D (EACH ACCIDENT)
HIRED PROPERTY CAMAGE S BODILY INJURY AND
]LJ NONOY+'rF0 PROPERTY DAMAGE S
EXCESS L!ABILiTY COMBINED
BODILY IN!URY AND
❑ UMBRELLA FORM PROPERTY DAMAGE S s
❑ OTHER THAN UMBRELLA
COM B+N[D
FORM
WORKERS' COMPENSATION STATUTORY
and
EMPLOYERS' LIABILITY s
ilK~ ACC ~p(Nir
OTHER
C. Umbrella CPL 58 52 103 .5/10/83 $50000,000.
DESCRIPTION OF OPERATIONS LOCATIONS'VEHICLES
City of Denton 4ii 021rfve Water & Sewer Improvements
nei ts0 t~ ~i~
q ~„T+I~.lildal~
Cancellation: ohould any of the above descrSb~d policies be cancelled before the expiration date thereof. the issuing com-
pany will endeavor to mail . 1V days written notice' to the below named certificate holder but failure to
mail cuch notice shaft impose no obligation or liability of any kind upon the company.
~I +
NAME AND ADDRESS OF CERTIrICATE HOLDER January 13, 1983
City of Denton DATE IssuEO
Municipal Building
Denton, Texas 76201
Attni Mr. Jerry Clark AUTHORIZED REPRESENTATIVE Inc
WM 25 (t. FS)
CXOfd
,
W 111111431111
NAME AND ADDRESS Or AO[NCY
1N7111110 So 4111111VL IaaosaWO Age"ye X", COMPANIES AFFORDING COVERAGES
l.b. Am 42358
Meoateift r 'lha" 77242-2355 GL EO1 M 1 lP4R NY A ito laia Ina. co.
I [ l'A
V rA4Y B 0t• tani raga, coo
NAME AANNDDADD~R(55 /Of I%NSUN-(.n.A..~ `y 1Y_/~ X me" aaatsrotioa a Inv • I E IM E uYV [ _ /Ny i~iim Xme" Jan • Co
W •
Jackaoavillor Twma 73766
This ffM F'ANv C ~
in,rN C
is y
It a to t'ji pct c es o(nc1 a, ce I151~] below !2
have en ss Ics1 _
_ IF, _ t e rs rrJ ~a, ed - e and a•e r i- - _ - * t s) qy requirement
o F4101* 01ot the and n arp term t co ndd Fen
f ulnb o, r other rdri n~enl w h res acct 11 wFiCh th s <ut a.A'e r „ ,..,r•J eat this tame
,errn m s, e.clusons old condgons of such polc ie;. y be c ..)Y Gc"a n the rs uraIce alfrrded bl t. e pohc es desoiDed IF h, rmn is Sub ec to all the
GENERAL LIABILITY s 300 ~ s 300
s. pc; EII , ,u., 542 SC 0903 s/lo/a~
r1.71,.:IV,.Il ~,•l :I,. I~ {11, , 1I,N1+11,Y 'E 5 104 ► 100
IrL Er,14jAW.N AND ((III'"lI
C~ F'ROOUC rSLOWL E 110
OPERATIONS II%jii i v INJURY AND
CJ CONTPACTUAL IN5'JRAW,'E FPOr'[ NI Y DAMAGE !
BROAD FORM PROPERTY (OMB IEO
DAMAGE
Cr7, INDEPENDENT CONTRACTORS
U PERSONAL INJURY FEPSONAL INJURY
AUTOMOBILE LIABILITY BODILY INJURY 2~
J~ $42 !10 4335 S/10/03: 1EACH PERSON) 5
~Y COMPREHENSIVE FORM BODILY INJURY S 550
L~J 01.i.LD !EACH ACCIDENT)
HIRED PROPERTY DAMAGE {
!J NON-OYYNEO BODILY INJURY AND
PROPERTY DAMAGE 5
EXCESS IIABILITV COMBINED
BODILY INJURY AND
❑ UMBRELLA FORM PROPERTY DAMAGE 5 5
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS'COMPENSATION 5TA+UToRY t
and
EMPLOYERS' LIABILITY E
T4[.4co Dl v~:
OTHER
0. 101l1111lis)alla 0% 50 52 103 5/10/53 ;5r00>,~r000.
DESCRIPTION OP OPERATIONS' IOCATIONSNEHICLES
City of Daattala ""aw Dsi" Mates i 0vt;las blpsanw~nta
Cancellation: Should any of the above desi policies be cancelled before the Expiration date thereof, the issuing com-
pany will endeavor to mail days written notice to the below named certi'icate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CE RTIi HOLDER .T>•Rr~tl~ 130 1"i
City 1",e DATE ISSUED _J~'~~7 _
~r+OmkUl"I !{i
Mtt"If ft as 76 51 Farm 0. Dada Iaawt;awoa
Juts: N ea, JW`y Cia/t AUTHOR171D REPRESLNTATNE
ALORD 25 (1.19)
~F~I~
111
IA
THE STATE OF TEXAS S
AIRPORT LEASE AGREEMENT
COUNTY OF DENTON $
This lease agreement is made and executed in duplicate this
TN day of emxat„¢~/, 1983, at Denton, Texas, by and
between the City of Denton, Texas, a Municipal Corporation,
hereinafter referred to as LESSOR, and Hexagon Buildings, Inc.,
a Texas Corporation, and its successors and assigns, hereinafter
referred to as LESSER.
WHEREAS, the LESSOR is the owner of the Denton Municipal
Airport existing within the corporate limits of the City of
Denton, Texas; and
WHEREAS, the LESSOR is willing to, and by these; presents
does hereby, enter into a Lease Agreement with LESSEE allowing
and permitting LESSEE to conduct an airport hangar condominium
business at Denton Municipal Airport under the terms and
conditions set forth herein.
I.
DESCRIPTION AND USE OF PREMISES;
RESERVATION OF EASEMENT; TERM OF LEASE
1.01. Description and Use of Premises. LESSCR hereby
leases to LESSEE and LESSEE hereby leases from LESSOR, that
certain property, hereinafter called the leased premises,
situated upon the Denton Municipal Airport in the corporate
limits of the City of Denton, County of Denton, State of Texas,
and described in Exhibit "A" attached hereto and incorporated
herein for use by LESSEE as aircraft hangar condominiums to be
constructed and conveyed by LESSEE, and for no other purpose,
under the terms and conditions set out herein.
1.02. Reservation of Easement. LESSOR hereby reserves unto
itself, from the real property leased herein, an easement, fifty
(501) feet in width, connecting to the existing north/south
taxiway located at the western boundary of the leased premi.ses
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 1
and said easement extending west to east across the leased
premises, and described in Exhibit "A" attached hereto and
incorporated herein by reference. LESSEE may use such easement
for ingress and egress but agrees to keep the easement free of
any and all obstructions. In the event the LESSOR should
determine that it requires such easement for access to the
north/south taxiways, the LESSOR will then maintain said
easement. The property described in the easement shall be
included in determining the amount of rental to be paid by
LESSEE under the terms and conditions of this lease.
1.03. Term of Lease. The primary term of this Lease
Agreement vhall be for a period of thirty-two (32) years,
commencing on the date of execution hereof and ending on the day
immediately preceding the date hereof in the same month of the
year 2014, unless sooner terminated as herein provided. Upon
the termination of this lease, all buildings and improvements
constructed or placed upon the leased premises by LESSEE or its
assigns shall become the property of LESSOR.
II.
RENTAL
2.01. Annual Rent. LESSEE agrees to pay LESSOR, at the
Municipal Building of the City of Denton, Texas, a base cash
rental of seven cents ($0.07) per square foot for one hundred
nineteen thoasand three hundred twenty-eight (1190328) square
feet of real property leased hereunder, or the sum of Eight
Thousand Three Hundred Fifty-two Dollars and Ninety-six cents
($8,352.96) for the first year of re-.ital hereunder, due and
payable in equal monthly installments in the amount of Six
Hundred Ninety-six Dollars and Eight Cents ($696.08) on or
before the lot day of the month following the execution hereof,
and on, the same date each and every succeeding month
thereafter. After the first five years of this Agreement, and
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC,-PAGE 2
at each subsequent five year interval, such base rental shall b!-
adjusted, either upwards or downwards, on the basis of the
percentage that the then current Consumer Price Index,
Dallas/Fort Worth, Texas Standard Metropolitan Statistical Area,
compiled by the U. S. Department of Labor, Bureau of Labor
Statistics bears to the June, 1982 Index which was 304.8 (using
the year 1967 as the base of 100), to which adjustment both
LESSOR and LESSEE now agree. In the event that such Consumer
Price Index (or a successor or substitut index) is not
available, or if a substantial change is made in the method of
establishing such index, then a reliable governmental or other
nonpartisan publication, evaluating the information theretofore
used in determining the Consumer Price Index, shall be used in
lieu of such Consumer Price Index.
2.02. Covenant of Quiet Enjoyment. LESSOR hereby covenants
with T-RSSEE of the rents as set out above and upon observance
and performance of the covenants by LESSEE hereina•ter
contained, LESSEE shall peaceably hold and enjoy said premises
for the term hereby demised without hinderance or interruption
by LESSOR or any other person or persons lawfully claiming by,
through or under them exce-L as herein expressly provided.
III.
CREATION OF LEASEHOLD CONDOMINIUMS
3.01. Recording Declaration. Anything contained in this
Lease to the contrary notwithstanding, LESSEE shall have the
right to create a leasehold condominium project for each
building which is to be constructed by LESSEE on the leased
premises, and upon the completion of each such building, LESSOR
hereby authorizes LESSEE to record with the County Clerk of
Denton County, Texas, a Master. Condominium Declaration and Deed
and Bylaws of tha Owners' Association which shall create and
govern such condominium regime(s), a.tl in accordance with
AIRPORT LEASE AGREEMENT/Ev.XAGON BUILDINGS, INC.-PAGE 3
Article 1301(a) of the Texas Rev,-.cd Civil Statutes, commonly
known as the Texas Condominium Act, and hereaft?r referred to as
the "Act".
3.02. Lessor's Ccoperation. LESSOR upon request of LESSEE
agrees to execute any and all documents required by the Act to
be signed by the Owner of real Froperty being subjected to
leasehold condominium regime which may include, but shall not be
limited to, amendments to this Lease Agreement r,2auired by the
Act; provided however, should any amendment to this Lease
Fgreement be required which would diminish the consideration to
LESSOR or materially alter LESSOR'S rights or interest under the
Lease Agreement, then LESSOR will not be required to make such
amendment. LESSOR acknowledges its understanding and awareness
that the primary reason for the execution of this Lease
Agreement by LESSEE and its acquisition of an interest in the
leased land is to enable LESSEE to create thereon a leasehold
condominium project consisting of two (2.) aircraft hangar
buildings, each containing six (6) units, each unit of which is
to be conveyed by LESSEE to third parties, and, in connection
therewith, that LESSEE will rely on the performance by LESSOR of
its agreements as set forth in this Article III.
3.03. ' Assignment of Lease. When the leased land, or any
part thereof, becomes subject to a recorded condominium
declaration, LESSOR agrees that LESSEE may assign this Lease
Agreement to the Owners' Association governing such condominium
project, hereby releasing LESSEE from its obligations in regard
to that portion of the real property so assigned hereinunder,
which obligations will be assumed by said owner's Association.
After such assignment, the Owners' Association may from time to
time tl.,-reafter without the consent of LESSOR make subleases of
a fractional undivided interest in the leased land or any part
thereof (said subleases heroin referred to as "condominium
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 4
leases" and persons purchasing condominiums in LESSEE'S
leasehold condominium project as "Condominium LESSEES")
providing that each such condominium lease requires the
Condominium LESSEE to perform all of the obligations of this
Lease to the extent of his or her proportional ownership
interest in the common element of such condominium project. Any
such condominium lease may from time to time hereafter be
transferred and assigned, including transfers and assignments to
a mortgagee, and any such mortgagee who holds an interest in a
condominium unit shall have the rights and protection as
provided for in the Condominium Declaration and Master Deed.
3.04. Condominium Leases. Each condominium lease shall
require the unit owner and condominium LESSEE to (1) pay each
month to the Owner's Association that proportion of the total
annual rent due hereunder and all other assessments for repairs,
maintenance, insurance and taxes as his or her undivided
interest in the common area of the condominium project bears to
the total interest in such common area, (2) to perform all of
the obligations imposed by this Lease upon such Condominium
LESSEE with respect to his or her condominium unit, and (3) to
perform the obligations of this Lease in common with other
Condominium LESSEES with respect to the common area.
3.05. Default by One Lessee not to Effect Other Unit Owners.
The default of any condominium LESSEE under the covenants,
conditions and provisions of his or her Condominium Lease or of
this Lease Agreement and the obligations which he or she has
assumed hereunder shall in no way prejudice or encumber the
remaining Condominium Leases or the owners thereof, in the
event of default by any Condominium LESSEE which constitutes a
default in this Lease Agreement, LESSOR shall give the Owners'
Association written notice that such default must be cured
within thirty (30) days from receipt of such notice. The
AIRPORT LEASE AGRg.WENT/HEXAGON BUILDINGS, INC.-PAGE 5
Owners' Association shall take all steps it deems necessary or
convenient to cure such default, including terminating the
Condominium Lease with any such defaulting Condominuum LESSEE.
Upon the failure of the Owners' Lssociation to cure such
default, by termination of such defaulting Condominium LESSEE'S
Lease or otherwise, within thirty (30) days after receipt of
notice of such default, LESSOR may terminate this Lease
Agreement in accordance with the terms hereof and may take:
possession of the condominium unit owned by any such defaulting
Condominium LESSEE, subject to the terms and provisions of the
Declaration and Master Deed and Bylaws, and may sell, lease or
rent such unit as any other unit owner. If this Lease Agreement
is terminated prier to its expiration date, any Condominium
Lease not then in default shall survive and continue in force
upon and after such termination prior to its expiration date
(except for termination by reason of condemnation), provided
that.
(a) The term of any such Condominium Lease shall not
extend beyond a term of thirty (30) years and in
no event shall extend beyond the term of this
Lease Agreement.
At the time of entering into such Condominium
Lease, LESSEE shall provide LESSOR copies of all
'documentation concerning such conveyance. It is
understood and agreed by LESSEE and its assigns
that the condominium unit leased hereunder shall
become the property of LESSOR upon the expiration
of the term of the Condominium Lease.
(b) In continuing under his or her Condominium Lease,
each condominium LESSEE shall in any event be
obligated to and shall pay his or her
proportionate share of the rental and other
char es (taxes, assessments, repairs, insurance
premiums, etc.) required to be paid by the LESSEE
hereunder and also his or her proportionate share
of any and all costs or expenses incurred by or
rising out of or in connection with the
maintenance and operation of the improvements on
the leased land, suet, condominium LESSEE'S
proportionate share to be equal to his or hoor
fractional interest irs the common area of the
leasehold condominium project multiplied by the
total of suca rental and all other charges, costs
and expenses.
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 6
r}
i
(c) Each condominium LESSEE shall comply with all of
the covenants, conditions and provision-3 of this
lease and said Condominium Lease, and in ease of a
conflict between the terms of this Lease Agreement
and any Condominium Lease, the terms of this Lease
Agreement shall govern.
(d) The bylaws of any association or condominium
owners shall impose upon the Board of Directors of
such association the responsibility of collecting
and paying over the rents and other charges due
from the condominium Lessee to the LESSOR.
3.06. Default by Owners' Association. The collective
failure of all of the condominium Lessees to perform any
covenants, conditions or provisions to be collectively performed
by thaw through the Association of Condominium owners under
their condominium lEases and this Lease Agreement shall not
constitute a defaulc on the part of any individual Lessee so
long as he or she shall comply with such covenant, condition and
provision to the extent individually possible and has paid his
or her proportionate share of all rent and other expenses to
LESSOR in accordance with his or her interest in the comnon area
of the condominium project within thirty (30) days after notice
by LESSOR of nonpayment or of nonperformance by said Associa-
tion. Upon the failure of any unit owner to cure, to the extent
possible, such collective default, then LESSOR may terminate
this Lease Agreement and take possession of the condominium unit
of each such defaulting unit owner as provided in Paragraph 3.05
above.
3.07. Waiver of Landlord's Lien. LESSOR hereby waives all
present and future rights to levy, distrain or seize for rent or
other obligations of LESSEE or any Condominium Lessee any air-
craft, equipment or property stored within any unit.
Additionally, each Condominium Lessee shall have the right to
remove any equipment or property installed ii, the condominium
unit which may be deemed a fixture if same can be removed
without damage to the structure. It is expressly understood and
agreed that the condominium LESSEE'S ownership interest in the
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, I`ri^..-PAGE 7
aircraft or other property within the condominium unit shall
always be superior to any of LESSOR'S landlord lien rights.
LESSOR expressly agrees that the condominium LESSEE may at any
time remove the aircraft and all or any part of the equipment,
property or goods placed or stored within his or her unit and
LESSOR shall not interfere with such removal or make any claim
to said aircraft, property, goods or equipment.
IV.
IMPROVEMENTS TO BE BUILT BY LESSEE
No improvements shall be constructed upon the leased
premises except as follows:
(a) No structures or other improvement, the plans,
specifications and proposed locations of which have
not first received the written approval of LESSOR, or
which do not comply with such approved plans, speci-
fications or location, shall be constructed or
maintained upon the leased premises. No material
addition to, ov, alteration of, the exterior to any
building or structure: erected on the leased premises
shall be commenced unless and until plans and
specifications cover;ng the extet for of the proposed
addition or alteration shall have been first
submitted to and approved by LESSOR.
(b) LESSEE shall, at its own expense, prepare plans and
specifications for the improvements to be constructed
on the premises and shall submit the came to LESSOR
within thirty (30) days following the effective date
of this Lease Agreement.
(c) LESSOR agrees to promptly review End approve the
plans or note in writing any required changes or
corrections which must be made to the plans. The
revised plans shall be resubmitted to LESSOR within
thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such
resubmitted plans and specifications within thirty
(30) days shall constitute LESSOR'S approval of the
changes. Minor changes in work or materials, not
affecting the general character of the building
project, may be made in the plans and specifications
at any time without the approval of LESSOR.
(d) The approval by LESSOR of any plans and specifica-
tions refers only to the conformity of such plans and
specifications to the general architectural plans for
the leased premises and compliance with all
applicable codes and ordinances, and such approval
shall not be withheld unreasonably.
Such plans and specifications are not approved by
LESSOR for architectural or engineering design, and
by approving such plans and specifications LESSOR
AIRPORT'LF.ASE AGAZEMENT/HEXAGON BUILDINGS, INC.-PAGE 8
assumes no liability or responsibility therefor or
for any defect in any structure constructed from such
plans or specifications.
(e) LESSEE shall complete construction of the first six
(6) unit hangar building contemplated hereunder
within one (1) year from the date of execution of
this Agreement. LESSEE agrees to complete the
construction of the second building within eighteen
(18) months of the date of execution of this Lease
Agreement. LESSEE agrees that failure to complete
construction within such stated time limits shall
constitute a Waiver of Rights under this Lease
Agreement and, at LESSOR'S option, this Lease Agree-
ment shall become null and void and all buildings
constructed or partially constructed upon the leased
premises shall become the property of the LESSOR,
subject to the survival of condominium leases not in
default in accordance with Section 3.05 above.
(f) In the event that LESSEE shall be unable to obtain a
sufficient amount of any material of the type shown
on the plans, it shall have the right to substitute
other material or methods of construction, which
shall, as nearly as possible, be equivalent to those
specified on the plans, provided LESSOR shall consent
thereto. The consent of LESSOR shall not be
arbitrarily or unreasonably withheld.
(g) LESSEE shall not be responsible for failure to erect
the building within the time herein specified,
provided such failure is occasioned by strikes,
lockouts, government regulations and restrictions on
building, the shortage of materials or other cause
beyond the control of LESSEE and not occasioned by
any default or negligence on its part.
(h) In the event that LESSEE shall be unable to
substantially complete the building within the time
allowed herein, and the failure to complete is not
excused by any subparagraph above, the time to
complete the improvements shall be extended by thirty
(30) days. If the improvements are not completed
within such extension period, this Lease Agreement
shall terminate and all rights of either party
against the other shall be at an end. In such event,
any improvements placed on the leased premises shall
become the property of LESSOR.
(i) in the event that the parties shall be unable to
agree on the propriety of any alternate of
substituted materials or methods of construction or
on any change in or deviation from the plans of the
building within ten (10) days after such issue shall
arise, each party shall, within thirty (30) days,
appoint a duly registered architect to represent him
as arbitrator in determining the question or
questions in dispute. If the two arbitrators are
unable to agree on a proper determination of the
issues, they shalt designate a registered architect,
licensed professional engineer, or a building
contractor of not :less than five (5) years experience
to serve as an umpire and the determination of any
two of the three persons as designated upon any issue
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 9
in dispute with respect to the said building shall
be binding on each of the parties hereto. Each of
the parties shall pay the fees and charges of the
arbitrator selected by him, the fees of the umpire
or third arbitrator to be paid by each of the
parties in equal shares.
(j) All costs and expenses incident to the construction
of the said improvements shall be borna by LESSEE.
No construction, alteration or improvement shall be
permitted hereunder which would tend to have a
negative impact on the LESSOR'S operation of the
Denton Municipal Airport.
V.
UTILITIES
5.01. LESSEE'S Expense. LESSEE shall pay or cause to be
paid all charges for water, heat, gas, electricity, sewer, and
any and all other utilities used on the leased premises
throughout the term of this Lease Agreement, including any
connection fees.
5.02. Grant of Easement for Utilities. LESSEE shall. have,
and is hereby granted a license to place and maintain utility
lines across airport property to the various utility services
necessary to provide adequate utility servick s to the leased
premises, including water, electricity, telephone and gas.
LESSEE shall obtain the approval of LESSOR for the location of
utility lines across airport property to and LESSEE shall repair
all areas disturbed by the installation of said .lines. It is,
however, agreed that once the utility lines are installed,
LESSOR shall not thereafter require LESSEE co relocate such
tines and LESSOR shall relocate such lines or interrupt the use
thereof only if LESSOR relocates such linen at its expense and
additionally furnishes LESSEE uninterrupted service of equal
quality to that previous enjoyed by LESSEE.
5.03. Installation of Water Line. Prior to the completion
of construction of the first hangar building, LESSEE hereby
agrees to purchase and installo at its own expense, a water
line, eight (8") inches in diameter, in conformity with
k AIRPORT, LEASE AGREIEMEN2'/HEXAGON BUILDINGS, a4C.-PAGE 10
r
. t)f 1+1 off J
existing, applicable City ordinances, to serve the leased
premises by connecting the same to the City water main nearest
the premises. LESSEE shall be reimbursed for such expense on a
pro-rata basis in the event other parties tap on to LESSEE'S
water line.
5.04. Sanitary Sewer Facilities. LESSEE agrees that its
septic tank system will, at all times, meet the requirements of
the City/County Health Department and all applicable codes and
ordinances. LESSEE shall fu_.nish LESSOR a satisfactory
inspection report from the Health Department annually. In the
event it is necessary for LESSEE to lease additional property
for the purpose of extending lateral lines from it septic
system, LESSOR agrees to lease such additional property at the
rental per square foot then in effect pursuant to Section 2.01
hereof.
VI.
TAXES
LESSEE shall pay and discharge all taxes, ad valorem taxes,
general and special assessments, and other charges of every
description which during the term of this Lease may be levied
upon or assessed against the leased premises and all
improvements and other property thereon, whether belonging to
LESSOR or to LESSEE, or for which either of them may become
liable. LESSEE shall pay all such taxes, charges, and
assessments not less than fifteen (15) days before the same
shall become delinquent, and LESSEE agrees to indemnify and hold
harmless LESSOR from all such taxes, charges and assessments.
LESSEE shall have the right in good faith at his own sole cost
and expense to contest any such taxes, charges, and ascessments,
and shall be obligated to pay the contested amount only if and
when finally determined to be due.
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 11
VII.
MAINTENANCE AND REPAIRS
7.01. Lessee's Expense. LESSEE agrees to maintain at its
own costs and expense all buildings and improvements which may
be erected upon the leased premises in a good state of appear-
ance and repair during the term of this Lease Agreement,
reasonable wear and tear excepted.
7.02. Lessor to Maintain Runways. LESSOR agrees that
following the completion of the improvements by LESSEE, LESSOR
will maintain in good repair at its own expense all runways and
taxiways adjacent to the leased premises.
VIII.
INSURANCE
8.01. Hazard Insurance. During the period of construction
of any building or other improvements on the leased premises and
at all times thereafter during the lease term, LESSEE shall keep
the improvements insured against loss or damage by fire, with
extended coverage endorsement or its equivalent, in an amount
not less than one hundred percent (1008) of the fair insurable
value of the buildings and other improvements with reputable
companies licensed to do business in the State of Texas. The
Owners' Association shall furnish a copy of the insurance policy
or certificate of insurance to the LESSOR upon the sale of each
unit and shrill furnish proof of renewal annually thereafter.
8.02. Public Liability Insurance. LESSEE shall maintain
gereral public liability insurance, naming LESSOR as an addi-
tional insured, in an amount not less than One Hundred Thousand
Dollars ($100,000.00) for injuries to or death of any one
person, and not less than Three Hundred Thousand Dollars
($300,000.00) for injuries to or deaths of more than one person
resulting from any one accident, and not less than One Hundred
Thousand Dollars ($100,000.00) for property damage for each
accident.
AIRPONT LEASE AGREEMENT/HEXAGON BUILDING80 INC.-PAGE 12
y
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8.03. Cancellation Notice. All policies of insurance
required by this Article shall provide that no cancellation or
material change in the policy shall become effective except upon
fifteen (15) days written notice to LESSOR.
IX.
INDEMNITY
LESSOR, its agents, servants, and employees, shall not be
liable for any loss, damage or injury of any kind or character
to any person or property arising from any use of the leased
premises, or any part thereof, or caused by any defect in any
building, structure or other improvement thereof or in any
equipment or other facility therein, or caused by or arising
from any act or omission of LESSEE, or of any of its agents,
employees, licensees, invitees or assigns. LESSEE agrees to
hold LESSOR, its agents, servants and employees entirely free
and harmless from all liability of any such loss, damage or
injury to persons or property and from all costs and expenses
arising therefrom, including costs of litigation and attorney's
fees.
X.
CONDEMNATION
10.01. Lessor's Right to Condemn. Nothing herein contained
shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the
event of condemnation of all or any portion of the leased
premises, the leasehold interest of LESSEE shall be deemed to
include all rights under this Lease Agreement including, but not
limited to, the ownership of the improvements placed on the
leased premises for the lease term.
1042.` Partial Condemnation. In the event that a portion,
but not all of the leased premises shall be acquired for public
or quasi-public use, this Lease Agreement shall terminate as to
the part taken and LESSEE may, at its option, terminate this
AIRPORT LEASE ArREEVXNT/HEXAGOX BUILDINGS, INC.-I'AGE 13
F
Lease Agreement or continue to lease the remainder of the leased
premises for the balance of the term hereof at a reduced rental
based on the proportion of leased premises remaining after said
taking as it bears to the leased premises prior to such condem-
nation. If LESSEE shall deem it impracticable to continue its
rental of the leased premises after aiy such taking, this Lease
Agreement shall terminate upon LESSEE'S giving written notice
thereof within forty-five (45) days after such condemnation. In
any event, LESSEE shall be entitld to the recovery for the value
of any improvements erected by it on the premises and for the
value of any fixtures installed by it therein.
XI.
INSOLVENCY
If LESSEE be adjudicated a bankrupt or make an assignment
for benefit of its creditors or institute or be subjected to any
insolvency or reorganization proceeding, or if a receiver or
assignee for creditors be appointed of i.ts property or a levy be
made thereon under execution of judgment and such bankruptcy or
other proceeding, receivership, or assignn.int or levy shall not
be discontinued or vacated within thirty (30) days, then LESSOR
shall be privileged, but not obligated, to cancel and terminate
this Lease Agreement by giving at least ten (10) days written
notice to LESSEE, whereupon this Lease Agreement and all rights
of LESSEE hereunder shall cease, terminate and come to an end on
the date fixed in said notice as if such was the date originally
fixed for the expiration of this Lease Agreement. This
provision shall be construed in accordance with the applicable
law in effect at the time of such breach or default.
XII.
DEFAULT
Should LESSEE or its assigns default in the performance of
any covenant, condition or agreement in thin Lease Agree:ent,
and such default is not corrected within thirty (30) days after
z,
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 14
receipt of written notice from LESSOR to LESSEzj LESSOR may
declare this Lease Agreement and all rights and interest created
by it terminated by written notice of termination to LESSEE. If
LESSEE begins good faith efforts to correct such default (other
than the nonpayment of rent) within said thirty (30) days, Euch
default shall not be grounds for terrin;.ting this Lease Agree-
ment, provided, however, if LESSEE has not cured such default
within a reasonable time thereafter, LESSOR may terminate the
Lease Agreement. Upon LESSOR ele--ting to terminate, this Lease
Agreement shall cease and come to an end as if that were the day
originally fixed herein for the expiration of the term hereof.
LESSOR, its agent or attorney, may take possession of the
premises and the improvements located thereon and LESSEE shall
be released from all liability or obligations hereunder. Any
termination of this Lease Agreement as herein provided shall not
relieve LESSEE from the payment of any sum or sums that shall
then be due and payable to LESSOR hereunder, or any claim or
damages then or theretofore accruing against LESSEE hereunder,
and any such termination shall not prevent LESSOR from enforcing
the payment of any such sum or sums or pursuing any remedy
provided for by law or from recovering damages from LESSEE for
any default thereunder.
XIII.
NOTICES
A?.? notices, 9ema►ids or requests from one party to another
may be personally delivered or sent by mail, certified or
registered, postage prepaid, to the addresses stated in this
paragraph, unless changed by written notice to the other party,
and shall be deemed to have been given at the time of personal
delivery or at the time of the mailing as follows:
LEiSORs LESSEES
Airport Manager Hexagon Buildings, Inc.
City of Denton c/o weeks, Chapman i Buford
215 East McKinney Street 807 Rio Grande
Denton,,Texas 76201 Austin, Texas 78701
AIRPORT LEASE AGREZMENT/HEXAGON BUILDINGSo INS:.-PAGE ►5
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XIV.
LESSEE TO COMPLY WITH LAWS, RULES, AND REGULATIONS
LESSEE agrees to comply with all municipal, state, federal
laws, rules, zoning regulations, and requirements applicable to
said premises, and in particular with those for the use of
airport premises. LESSEE shall not, however, be obligated to
make structural changes or alterations or to install sprinkler
or other systems for the detection or extinquishment of fire.
LESSEE further agrees that it will not permit the leased
premises to be occupied for any purpose deemed disreputable or
deemed to be extra hazardous on account of fire.
XV.
RESERVATIONS BY LESSOR
15.01. No Exclusive Grant. It is understood and agreed
that nothing herein contained shall be construed to grant or
authorize the granting of an exclusive right or license except
as to the exclusive use of the leased premises.
15.02. Future Development. LESSOR reserves the right to
further develop or improve the landing area of the airport.
15.03. Publicly Owned Facilities. LESSOR reserves the
right to take any action it considers necessary to protect the
aerial approaches of the airport against obstruction, together
with the right to prevent LESSEE from erecting, or permitting to
be erected, any building or other structure, on or adjacent to
the airport which, in the sole opinion of the LESSOR, would
limit the usefulness of the airport or constitute a hazard to
aircraft.
XVI.
NATIONAL EMERGENCY
During the time of war or national emergency, LESSOR shall
have the right to lease the landing area within the leased
premises or any'part thereof to the United States Government for
military use and,'; if sueti lease` is executed, the provisions of
r-
AIRPORT LEASE AGREEMEtiT/HEXAGON BUILDINGS, INC.--.PAGE 16
this instrument insofar as they are inconsistent with the
provisions of the lease to the Government shall be suspended and
the rentals reduced proportionately.
XVII.
LESSEE'S RIGHTS SUBORDINATE TO AGREEMENTS
WITH THE U.S. GOVERNMENT
This lease shall be subordinate to the provisions of any
existing or future agreement between LESSOR and the United
Mates, relative to the operation or maintenance of the airport,
the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the
development of the airport. LESSOR, within a resonable time
will give LESSEE notice of any changes in governmental rules and
regulations affecting this Lease Agreement.
XVIII.
PUBLIC USE OF PREMISES
18.01. Public Use. LESSEE agrees to operate the premises
leased for the use an benefit of the public as follows:
(a) To furnish good, prompt, and efficient service
adequate to meet all the demands for its service at
the airport.
(b) To furnish said service on a fair, equal, and non-
discriminatory basis to all users thereof, and
(c) To charge fair, reasonable, and non-discriminatory
prices for each unit of sale or service, provided
that the LESSEE may be allowed to make reasonable
and non-discriminatory discounts, rebates, or other
similar types of price reductions to volume
purchasers.
18.02. Non-discriminatory Use. LESSEE, his agents, tenants
and successors will not discriminate against any person or class
of persons by reason of race, color, creed or national origin in
providing any services or in the use of any of its facilities
provided for the public, in any manner prohibited by Part 21 oZ
th*f Federal Aviation Regulations.
18.03. It is understood by LESSEE that no right or
privilege has been granted which would operate to prevent any
AIRPORT LEASE AGREEMENT/HEXAGON BUILDINGS, INC.-PAGE 17
1
person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own
regular employees (including, but not limited to, maintenance
and repair) that it may lawfully perform.
18.04. Aviation Use. Subject to the provisions and
limitations set forth below LESSEE shall have the right to use
the leased premises for lawful purposes of private use only
which are related to aviation or the aviation industry and not
i
incompatible with other normal private uses of airport property;
provided, however, LESSEE and its agents shall be prohibited
from fueling aircraft and performing other than routine light
maintenance upon aircraft on the premises. The use restrictions
contained in Article VII of Exhibit A, attached hereto, and
incorporated herein shall apply at all times. LESSEE recognizes
that this area is authorized for the development of
non-commercial use private hangars only. In this regard, it is
understood and agreed that the primary purpose for which the
leased premises have been leased is for the development and
construction of airport hangars for the storage of airplanes and
related aeronautical equipment and other items of personal
property owned by the individual condominium unit owners.
XVIX.
LESSOR'S COVENANTS
19.01. Authority of Lessor. LESSOR represents and warrants
that LESSOR has full right and lawful authority to enter into
and perform the LESSOR'S obligations under this Lease Agreement
for the full term as stated above and has titles to the demised
premises as shown by the indenture beteen the United States
Government and the City of Denton, which has been made a part
hereof by reference. LESSOR further covenants that upon
LESSEE'S performance of the obligations herein set forth to tie
performed by LESSEE, LESSEE shall have and enjoy during the term
AIRPORT LEASE AGREEMUMT/HEXAGON BUILDINGS, INC.-PAGE 18
hereof quiet and undisturbed possession of the demised premises
and all appurtenances pertaining thereto, together with the
right to use the runways and taxiways of the airport facility as
contemplated herein, provided, however, that this Lease Agree-
ment is subject to the prior review and concurrence of the
Federal P.vi.tion Administration, and the right of the United
States of America to have exclusive or non-exclusive use,
control and possession without charge, of the air,)ort or any
portion thereof, during periods of National Emergency; and
further, subject to the right of the Federal Aviation Admini-
stration and United States Government under such Agreement
including the right to take a portion of the airport premises
for air traffic control activities, weather reporting activities
or communication activities related to air traffic control, all
as provided in said Indenture.
19.02. Airport Use. During the term of this Lease
Agreement, LESSOR agrees that LESSEE and the condominium LESSEE
shall have unrestricted access to the runways and taxiways now
in existence or which may hereinafter be constructed upon Denton
Municipal Airport to the sarie extent that any other parties may
have use thereof, subject to all rules and regulations. It is
understood and agreed by and between the parties hereto that the
continuing use of Denton Municipal Airport as an airport for
general aviation is essential to the operation of LESSEE and
that the failure by LESSOR to continue the use of Denton
Municipal Airport as a public airport shall constitute a default
in this Lease Agreement for which LESSEE, at its option, may
terminaate this Lease Agreement and remove any and all buildings
and improvements erected by LESSEE thereon. Upon such termina-
tion, LESSEE an LESSOR shall be released from all obligations
hereunder.
19.03. Maintenance of Runways. Maintenance of runways,
taxiways and other areas of the Denton Municipal Airport, except
AIRPORT LEASE AGREEKrNT/HEXAGON BUILDINGS, INC.-PAGE 19
for the leased premises, shall be the obligation of LESSOR.
XX.
MISCELLANEOUS
20.01. Subtitles. The headings and subtitles contained in
this Lease Agreement are for the purpose of clarification and in
no way are determinative of the intent and purposes of the Lease
Agreement or the conditions stated herein.
20.02. Partial Invalidities. If any part or portion of
this Lease Agreement is found to be illegal or void, it shall
not affect the intent and tenure of the entire Lease Agreement.
The remaining lease provisions shall continue to have full legal
force and effect.
20.03. Executed in Multiples. It is agreed that this Lease
Agreement may be executed in multiple copies, each having the
force and effect of an original.
All covenants set forth in the Lease Agreement shall be
paid, kept and performed at
UAI'
Denton County, Texas.
WITNESS our hands, this the ~i~~ day of ~¢nluy~2,~ , 1963.
CITY OF DENTON, TEXAS HEXAGON BUILDINGS, INC.
LESSOR LESSEE
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BY:
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AIRPORT LEAST; AGREEMENT/HEXAGON BUILDING:, INC.-PAGE 20
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S U R V E Y
V V All that certain 2.714 acre I
/4/y 1515r in the Williara Nell Survey, j
Texas; said tract being part
{ avreP` of Denton as recorded in Voli
i of Denton County, Texas; saic
i !J Herein by metes and bounds ar
VOL, 497 1 X03 Y
a Beginning, for the northwest
Ka herein, at an iron pin set it
lands 1 ir,3 easterly 100 feet
" .rdB•sss~s~E said point lying South 88 deg
360 c3 f`r and South 7 degrees 52 minute
p byar the interior, or return corne
same and common to the southu
to P. F. Bryan as recorded in
Records of Denton County, Tex
Thence East 264.0 feet to an
Thence South 7 degrees 52 min
an iron pin set in the ground
Thence West 264.0 feet to an
that lies easterly 100 feet o
Thence North 7 degrees 52 min
the place of beginning,
These surveyors notes, with m.
actually made on the ground a
of my knowledge and belief.
sy~y~y D
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S U R V E Y O R S N 0 T E S
All that certain 2.714 acre tract, or parcel of land si.tated
in the William Neil Survey, Abstract No, 970, Denton County,
Texas; said tract being part of tract described in deed to city
of Denton as recorded in Volume 305, page 216 of the Deed Records
of Denton County, Texas; said tract being further described
Herein by metes and bounds as follows:
Beginning, for the northwest corner of the tract being described
herein, at an iron pin set in the ground at a point on airport
lands lying easterly 100 feet from existing north-south taxiway,
said point lying South 88 degrees 55 minutes West 1095.43 feet
and South 7 degrees 52 minutes 30 seconds West 559.56 feet from
the interior, or return corner of said City of Denton that is the
same and common to the southwest corner of tract described in dee
to P. F. Bryan as recorded in Volume 427, page 183 of the Deed
Records of Denton County, Texas;
Thence East 264,0 feet to an iron pin set in the ground;
Thence South 7 degrees 52 minutes 30 seconds West 452.0 feet to
an iron pin set in the ground;
Thence West 264.0 feet to an iron pin set in the ground at a poin
that lies easterly 100 feet of existing north-south taxiway;
Thence North 7 degrees 52 minutes 30 seconds East 452.0 feet to
the place of beginning.
These surveyors notes, with map were prepared from a survey
actuallyy made on the ground and are true and correct, to the best
of my kHowledge and belief.
Dewey Pie s, Te as` a ere
Public Survey r No. 1565
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its CITY MANAGER, and Evelyn Wood
Reading Dynamics, hereinafter called Contractor, hereby mutually
agree as follows:
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated
services and Contractor agrees to perform the following
services:
A. Conduct a twenty-one (21) hour training seminar
for a gr,)up of professional management and
executive staff regarding reading dynamics
beginning January 31, 1983 and continuing each
Monday and Thursday from 3:30 p.m. to 7:00 p.m.
until the 21 hours are completed.
B. Provide necessary training materials to be used
for this training program.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as
follows:
A. Amount of Payment for Services:
Two Hundred Dollars per person with the City
guaranteeing a minimi:m of twenty (20) participants
- Total minimum cost is Four Thousand Dollars
($4,000.00). This includes all participant's
training materials and all travel expenses of
Contractor.
INDEPENDENT CONTRACTOR'S AGREEMENT
EVELYN WOOD READING DYNAMICS-PAGE. 1
r
B. Dates of Payment:
Payment to be made upon completion of the proje^t
as listed below:
Fifty percent (50%) paid at beginning of seminar
on January 31, 1983 and balance of payment to be
made upon completion of the project as listed
below:
Conduct a twenty-one (21) houL training program on
reading dynamics beginning January 31, 1983. The
training program will be presented to two separate
supervisory groups.
3. SUPERVISION AND CONTROL BY CITY: It is mutually
understood and agreed by and between City and
Contractor that Contractor is an Independent Contractor
and shall not be deemed to be or considered an employee
of the City of Denton, Texas for the purposes of income
tax, withholding, social security taxes, vacation or
sick leave benafits, or any other City employee
benefit. The City shall not have supervision and
control of Contractor or any employed of Contractor,
but it is expressly understood that Contractor shall
perform the services hereunder at the direction of and
to the satisfaction of the City Manager of the City of
Denton or his designee under this agreement.
4. SOURCE OF FUNDS: All payments to Contractor under this
agreement are to be paid by the City from funds
appropriated by the City Council for such purposes in
the budget of the City of Denton.
5. INSURANCE: Contractor shall provide at his own cost
and expense workmen's compensation insurance, liability
insurance, and all other insurance necessary to protect
Contractor in the operation of Contractor's business.
INDEPENDENT"CONTRACTOR'S AGREEMiNT
EVHLYN WOOD READING DYNAMICS-PAGE 2
r,
6. CANCELLATION: City reserves the right to cancel this
agreement at any time by giving Contractor thirty (30)
days written notice of its intention to cancel this
Agreement.
7• TERM OF CONTRACT: This agreement shall commence on
the 30th day of January , 1983.
ATTES : C I F No
^1 EX,
C A T ALLEN, CITY SECRETARY HRIS ARTUNG, C TY MAN R
CITY OF DENTON, TEYAS
APPROVED AS TO LEGAL FORM! EVELYN WOOD READING DYN ICS
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON,S
BY:_C_' BY:
THAT Kathryn Usrey is hereby de ated t1 the pe on to
administer the provision of this agr me t.
DATE CITY MI! A ER
INDEPENDENT C'ONTRACTOR' S AGREEMENT
EVELYN WOOD READING DYNAMICS-PARE 3
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Now,
44 C.
LAW
JAN 3 1 1983
t3
PETITION `Ib ME DENTON CITY COUNCIL
We respectfully request that the name of the public library be restored' to the
original name of the EMILY FOW10t I.T9F m,
Name Address Phone No.
.C~E1L_!J o i ~ (4
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Ph,TITION TO `I11E DEIIMN CI'IY COUNCIL
We respectfully request Uat the name of the Lnblie library be restored to the
original npme of Ibe EMILY bVWLKR IJBHAHY.
N,v3e A ficress Phan, No.
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