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1985
10521:, ~t { THE STATE OF TEXAS § COUNTY ;F DENTON § UMQLi`IION 6 CLEARANCE CONTRACT This Agreement is made on the l0 day of April between 1985, Y,li~19t> t~_ba Dia- hx~^vati_T nd Gtadin--wp 0__4___ of 4 the City of _ Denton County of State of Texas, hereinafter referred to as "Contr+actor II, and the y 1. ` City of Denton, Texas, a Municipal Home Rule Corporation, herein- after referred to as "city". , In consideration of the mutual oovenants contained herein and other good and valuable consideration the Contractor and agree as follows; City Contractor will dismantle and carry away all of the JJJ materials as agreed to and specified in Attachment IIAI' entitled. "Scope of Services" and made a part of this agreement herein, for i the structuro and/or improvements situated on the property located at 1118 Morse 1002 E. S camoro and 414 E. MI'il described inore and Particularly as fcllnws: The premises s r shall be left clean and free fro>r all rubbish rind debris. j 2. Contractor will provide all labor and materials and furnish i f and eroct, at its uwn expense, whatever equipment or work may be necessary for the expeditious and proper execution of its duties hereunder. ) 3. Contractor will secure, at its own expanse, all h permit licenses, franchises, and oonsenr.s required by law or necessary to perform its work and will give all notices and pay all foes and ptherwide comply with all applicable city, county, and state laws, ordinances, rules and regulations, 4. Contractor will begin work within tan (10) days of the execution of this contract and complete the same by the _ day of 19 ..U,, Should contractor at any time refuse or neglect to supply 9 sufficient number or amount of properly 1'ACh; 1 V s r i skilled workman, materials, or equipment or fail in any respect to i prosecute the work with promptness and diligence, or'fail. to perform any of the agreements of this contract, City may, at its election, terminate the employment of Contractor, giving notice to Contractor in writing of such election, and enter on the premises and take possession, for the purpose of completing the work i FL.,fF" included under this agreement, all of the materials, tools, and i appliances belonging to Contractor, and to employ any other person ' or persons to finish the wor'r, and to provide the materials R ` therefore at the expense of the Contractor. } 5. Contractor shall not commence performance of the services enumerated in Section 1 hereof until he has confirmed that all j utility snrvicsa have been disconnooted. 6. Contractor will be in full charge and assume all 'liability I of the dismantling and olearing away of the material, brick, woad, l and other substances off said property. Contractur, his agents, j and servants will be liable acid responsible for all damage done to i ~ other property adjoining the property so described abliVe and shell i be responsible and liable for any damage done to any person that aright bo injured while said material is being removed or for any damages vesulting from failure to disconnect utility services. Furthermore, the Contractor will indemnify the City against all suLts or claims arising out of Contractor's performance of its duties under this contract, regardless of who makes the claim or whether the claim is based on the alleged negligenca of Contractor. ` Contractor will defend all such actions at its own expense, F` including attorney fees, and will satisfy any judgment rendered against the City in any such action. 7. City will pay to Contractor, as consideration for the sar- vices rendered hereunder, the total sum of Nihoteen Hundred ---u Ton and no/100................................ Dollars within Gt+•irC-- - days from the date of completion of this contract in a manner 'satisfactory to the City. PAUK 2 I I s, I , 8. The contractor shall secure and maintain the following insurance coverage during the term of this contract: a) Workers' Compensation and Employer's Liability insurance for all persons engaged in the work at g the site as required by State Law; b) public Liability Insurance in sin amount not less, k " than One Hundred Thousand Dollars ($100,000) for personal injuries, including accidental death, to any one person; and in an amount not less than Three Hundred Thousand dollars personal injuries or death in any one( accident; fos s E c) For injury os, destruction of property not less than ! One Hundred Thousand Dollars ($100)000) in any one avant; d) Certificates of Insurance evidencing such coverage t shall be provided to the City of Denton Community Development Block Crant office prior to the beginning of work; e) All insurance policies shall he issued by insurance companies duly authorized to do business in the i State of Texas CITY OF DENTON, TEXAS or BY, t/ yv CITY MANAGER ASSISTANT CITY MANAGER s' J rp+ 1 3 PAGE 3 1 1 4` IJ ( ~ r U. M j PURCHASINO DEPARTMENT City of Denton BID INVITATION 001.8 Texas St Den CITY OF DENTON, TEXAS Donlon, Testae 713201 Date March 18, 1986 BID NUMBER 9439 Blo TITLE DEMOLITION A CLEARING OF LOTS N2 Bighorn Em & Grading Co, Seated bid proposals will be received until 2;00 p.m. E5 Dick Dicksion _ April 4, 1985 Of t y Rta 3, BOX 3302 Puraheaing Agent, 9018 Taxes St.; it onion, Tofft exas h201 1 4, Denton, TX 76201 For additional Information contact JOHN J. MARSHALL, O.P,M. TOM b, SHAW, G,P;M; 1 WMCMAIINO AdW McMr. "t mAeeld A WT I, „ Ofllco UPW Metro 1 817Btlatt7tl 5112t17-0042 ! INS' UCMNS TO BIDDERS 1. $ealed bid proposals must be received In duplicate, on this corm, prior to coming date and time to be considered, Late p►r+poew 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 sealed envelope, and mailed or delivered to the Purchasing Department City of Denton, 801.8 Texas at, Denton, TX 78201, S Any submitted Article dwfatino from the speciflcatlom must be Identlfled and hove full desarlptlve data accompanying same, of It will rat be considered, 4. All maledals me Io be quoted 006 Denton, Texas, delivered to the floor of the waehoues, or as otherwise Indicated, 5. The City of Denton, Yom rosary" the right to accept separate items in a bid unless this right Is denled by the bidder, 6 in sacs of default after bid aaaptanbe, IN City of Denton, Texas may at Its notion hold the accooled bidder or contraotor t liable for any and all resullant Inoreeaed coed se a penalty for such Msult 1. The City of Denton (owya the right to r remain in fora for a six elect any and all bids, to waive all Inforci en and require that submitted bide W 1~) day period after opening or until award is made; whichever pontes first, `I !t The quantities shown maybe approximate and could vary acoording to the routrementa of th throughout the contract period q the City of Denton 0, The Items Us 10 be priced such W. (Packaging or shipping quantities will be donelderad,) t t` , I 10. The Furoh"Mil Dspartrnent aeeamee reepanaiblllty fof the correctness and olsrity of this bid, and all Information andfor i questions Walnimo to this bid shall be directed to the Clty of Denton Purchasing Agent , 11, Any ottempt to o"atlote of give Information on the content ~ a of this bid wl prior to award shall be with the City of Denton or IItl representatives goundl for dlaquallliallona, ! It The oontlnlone-end terms of this bid will be considered when evolusling for award. i 12. The City of Denton Is exempt from all sates and excise laxea. (Article 20.40) k Ike ~~I l r l BID NUMBER' 9439 BID PROPOSALS Page 2 of 8 - - - ITiM tliac111PTION OU AN, Pfllci AMOUNT Demolition and clearing work at 111_ 8 Morse. 1 - a. Removal of all trash, rubbish b ,funk. b. Leveling and grading of the lot smooth for mowing, c. Work to be completed in days after issuance of Purchase Order, 3 2. Demolition and clearing work at 900 Morse. 1 11 a. Demolition of burned structure, located at south end lot. l ` b, Removal of all trash, rubbish and ,funk, c. Leveling and 'grading of the lot smooth for mowing, I d. Work to be completed in days after i issuance of Purchase Order, I 3, Demolition and clearing work at 1002 E. ltwre. 1 a. Demolition of small gray 16 x 16 foot building, { b, Removal of ail trash, rubbish & debris, c, Leveling & grading of the lot smooth for mowing, d. Work to be completed in days after issuance of Purchase Order, ; , TOTALS I We queti the above f.ob. Demon, Tom, shipment an be made In__deyt from raalOt e} order, Trarmt rMt unler otherMlo lndlomd. In tubmittlov she above * the yarwior ww that aoaotanot of any or oil bW items by the City of Denton, Tout wilhim a r$MnW* Period of time eenOW*$ a eontraot, City $1410 ile 11r%type Taphene TI11~ BID NUMBER 4439 BID PROPOSALS Page 3 ae $ t Tam 018CMIPTION JUAN, PRICa AMOUNT 4, Demolition and clearing worF at 204 2214 11or~aal, 1 a. Demolition d removal of the partially burned shed, debris, 6 rubbish at the beck Of the property, l b, Removal of the debris from the demolished garage apartment at the rear of the property, c. Removal of all trash, debris, & Junk piled on the property, d. Removal of dead trees & brush on the property, e. Work to be completed in days after h ar issuance of Purchase Order, 5. Demolition and clearing work at 414 E. Itrill, 1 a, Demolition of garage structure only, b. Removal of all trash, rubbish, Junk and small bushes and trees piled around the structure, c. Leveling and grading of the lot 'smooth for mowing, d• Do not remove or disturb fence. a, Work to be completed in issuance of Purchase Order, days after All debris, brush, lumber, trees, etc, must be disposed of according to City ordinances /policy and state statutes, " This bid will be awarded in the best interest of the city of Denton to the lowest, qualified, approved bidder; and may be awarded by item or location rather than the TOTALS y C we " the above f,o,b, Denton, Tatar, Ohlpment an be made In r ,f~y1 from nalpt of order, Tams not jI unlm etherw{k Indlaad. In wbmlttlnq the a6oYg bid, the Yaxbr W e#$ that aMptanoo of any or all bid gran by the City of Denton, Taut within a rMronabid porlod W time corwtltues a contract, 1 Nola k!P city 1 1 T(\7. i 1 116 p v, 1 x y f a „ " ~ ~ Q M~ tl 17 « ' fl w ~ r,,x. s ' 1 I'. `I i i0r YC, 1 i " 00 Morse \ 7 WL- q I w C\ ~I it µ 1:1 \ ti V w I N o 41 r 14 ' 1 I.! ! S 4 Lt L4 L3 til i 1.2 u t SI f 2Vt 4 I ! 91 IS N. 1 IN It nI a 1 to ~Q t , 0 II I! R \ n I! 00 S IN Y ~ ! ~ tJ 9 Nt y, ~ } ti ii w u 4 44 U M ~r Q ` ^^rr I ? K 4 Pw W t Ij L! I t a w ~ I p' I ! 3 1~ 1 i 1 w w 1 2 S 6 / 1 so { LA A ; 11 O oo ir . I R 3 31 m K 0 t! I! q I6 p µ f3 12 II 10 / 1 4 31 N rj o4 ,4 I 1 1 1 1 1 7 IS b Iw 1 7 a 3 + r d 31 c N N ~ ~ ~ 1 ro~ .w N f~ / n ro wI' , li r ~rua u I N ' I~ ht !0 1 1 4 ; i N C A ho I b ' 273 N W O 7~1 ~y ! f 1 f b II is IS 14 C>J dv H µ 4.1 w 44 P4 M 0 x Lf r< I-k 38 17 L; N , 44 fV * + ly P4 kn M f N _ UI 11 40 m 10 f1f' 0664 i i 1u 3m M 49 96 44 4? 41 T y 2 M M 47 M N yo 11, 11 I 1 11 It 14 , fa11 ~ ~ 1 ~ I rod! 1k I N N i! k i0 1i ii f N Ii11 36,1 tr two M 1aI tae I /a1 *0 73 II roa s m so lit I 0 Ifi it? Of Iro 04 y 1 rA' "o' Oak at Formal 5t: + 24 24 e y ~ r PPP 2i ~4 2'J k ~ • ~ i ! I f4 4 4 1 24 4 111 a I as Ul r, • O d all o w • y e ! i I 99 ~ r 2 so 4 ~ b 0~ 1D 2 Io N M • r? w 10 J I~ N u ro i rp J ~~ro 17 M A is II N ro f Ii It It M µ is Is I SC d ~ I ,'T + ~i rr r. rYrr rw rr,r r"4. w.. +.r .rr.r Ln WME p • a n it Ii • 7 4 • i • • 1 i 14 » ~i Ir ~ r N » y yiN M 11 f: uU K If p n j w : Y Yr~ ~~4iy~ fYlr " ~ ~•i ~fl r~ r~y IMP I fJ~ ~ A N ~ n II I as I mq cr i4j I I Sri ~AL I I ggog 1 _ + ~ 7 4! a4? ' i°~~ 'a' t8 4 4~g'ao f 7 • II • 1lS °°h~4bt°a~Al'.; o gt°o~.• q g° goot8?,, ''0°o - . y - mg 6 1 7 / ! a N 11 12.1 ON IF J1; 1 ! 4 ! • 7 f f.~ q 11 ii I1u w 1 H ~ 0.4 MI 476 R.I IU K q m 14 Is i n W is aJ q 141 13 10 1l { - 1 N MI r+r - ~r-+rr~r~~ra~rf r.u+1 ~1 rrw or OF MI w 4 Ed 6 y d 4 101 II K Yf 101" i 1 !>1 1 sJ ! ll + SI tl~fJ i 7 I o mw NI, I= d 'I I 4 1 • 7• II t1 a M It • 1 7 a T! -A IW 141I N 1 r-rim ~vrr VIM r r - .r 7r.r .k I 1 m h a n 1• a a, u a if 5 Ell Z3E~ 1 e 1 w 1 f ~w i I 11 M 11 M " I d1 S + ` Id n E 14 1 i I ~ 14 ZS Zs If 10~M a n a • M is / it is t5 1 K All Id- IF or TI 17 ti 7s +a ri r I ~ 0 ri r ~ a f s tiY+ W1 ~i+~ `iiii wow w ~ i r~ r`r - err r urn .r r r rr r ' ~r t q a n a w 1 s u ss + i 19' mi All I r~ MJ ~ ` ~ law i J V F 5 i f y a ~ r ti i i i a LaAJLJ= { 1 t r 7 hr ti 1 v + E PROJECT NO. CONTRACT NO, CONTRACTOR'S MAINTENANCE BOND i (DEVELOPMENT CONTRACT) ? + :r hV I THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: frt7i. COUNTY OF DENTON, ` TUAS NTUlItNIC COhlfANY, That C DIVISIun of APACTeaas, lut } + ^E . of { County, Texas, hereinaftek called Principal w„ and Insursnco CompDny of Norlh Amefleu - + a Corporation organized under the lawn of the state of and authorized to do business in the State of Texas, hereinafter ` called "Suk'et , y , are held and fir;Ily bo+and unto the City of Denton, + Texas, a Municipal Corporation in bentin County, Texas, hereinafter s v called •City"in the panal sum of Do aiiew u monay n hef ~.y .~ated thin aa bein t~~ percent (101) of the total amount of the hereinafter mentioned contract, for the payment of, which sum well and truly to be made we 4 bind ourselves, our heirs, executors, administrators, and successors, ~Oihtly and severally, THE Condition of this obligation is such thatk WNPREAS, the Principal entered into a certain contract with I Contractor, dated the 2 day of the proper A. D., 19 I in performance which the - City o Denton, Tokas; ~hds an interests a copy of which is hereto attached and made a part he eof for the construction of. DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE 014E 1 F v i NOW, TRERcroRE, if the Principal hall wel 1, truly, and faithfully maintain and keep in good repair thpar°fzomotheadate of be done end med fbr the City of one (1) and do all necessary acceptance in writing ) of or wort; and repair of any. defective conditions growing out but not arising from the improper work of the some, including, limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereofanris in hefromcau proper ~ excavation, hackfilling, compacting or y condition, known or unknown, at any time during the period of this bond, wive, dthe eterminesngtoeebe wthee resultntofhadefebctivenawork m,~ m conclusive, , aterials or labor) then this obligation shall be void, otherwise to remain in full force and effect. In case the said vPrincipal shall ofilthe worktaasf de trmrined reconstruct any defecti such herein, it is agreed that the City may do said work and supply , materials as necessary and charge the sum against the said Principal and surety on this obligation, it is further agreed that this obligation shall be continued ' thof the cconditi.onsoherein breaches may may against ereonY foripsuccessive Surety hereon ma be had provided until the full amount of this ..bond shall have etc ' exhausted, and it is further understood that the obligati maintain said work shall continue throughout said maintenance period, and the same sh=,1?. not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this .1 bond, venue shall lie in Denton County. I IN WITNESS WHER`EOP, this instrument is executed i triplicatei each one of which shall. be deemed an original, this the Z R Sk day of A.D. 19-615 ` PRINCIPAL SURETY T;.Y.hS DITULITIIIC C0141WIV, Insu~Drico Company of No~l6 America L U111SIOn of AFM 1055, Intl BY*. BY: s t peso ATTORNEY-IN~PAC RE 'DALE ATTEST: r .Cl [t l c~. S8C't TARY Y1001D Y1180 DEVU:LOPER I S/OWNER'S MAINTE WCE BOND•-PAGE TWO i I ~ • I1 l J i POWER OF ATTORNEY 6$2956 i INSURANCE COMPANY OF NORTH AMERICA l PHILADELPHIA, PA, i Know all men by these presents, That INSURANCE COMPANY OF NORTH ANILRICA, a rorporathm of the Commonwealth of Pcnrlsylvaiiia, having Its principal office in the City of Philadelphia, I+ennsylvanla, Pursuant to the following Resolul]on adopted by the Hoard of Directors of the said Company oil May 28, 1975, to wit: ' klSOl.vrb pursuant to Aillt]es J 6 and 5 1 of the hyEaws the following Rules shall govern the ext cuuon for Ihr Company of l brines, underlakiugs, rocnl;nlrarites, tuntracts and other is rninls In the NNW IbcrtnL (if that the etosicdtnl, or any Vice-Piedtlent, Assistant Yicc•"icsldusi, Rcn dvol Vllcrac wean olhin wrli focyln -racna 1nr ethmrif, xotide Ilot and in behalf of the Company any and all bonds, oudeiliku+h., rccuh sai+se to be aill, )lUd Wllr`n +1 ere5>ary by lie Secretary, an ASsislaril SvOul y Ora east ditl1lhAssWRt'si i Lielary Andti the seat of dt he s ollipmy affixed thoolu; and flat the Pieadent or any V Itt I rtsidu 1 f I nss,+lanl Sttrcl,ilies amt Allumoys•in,kirl to so tRetule m allesl to Ibt. e.etuhon of all such writings nn belch of Ow Company And u, affix the seal of Ihr Company Iheretu. x21 Aot such Writing eveculcd in arctiohnte Will uIcse Rules shall tic is binding upon the Company in any case as though signed by the 11resldtdnl And vtt sU'd by the seuclaiy. ill 111c• signahnc fit tilt President or a Vue,Isresidenl and theuM of till, Compaln andalho seaf (!xcldho Cnmpanle a n Anc aft weer by l' atirnny granted pursuant to this k+solnlion, and its(, signatu t of certifying offl(vi auinpde to any terllfliI of any such purser, and any such power or cellificate tearing such facstlsfide swnalute and seal shall bo valid ° an binding on the Curnpaoy, 111 Sikh kesldclsl OIllccrs and Atuuncys•Indact shall have aulhnrity to unify of verify tomes of thls Resolution, the by-taws of [lie Cunspany, and arty alfidavil dr retold of the laospany wmssary to the discharge of Ihcir dulics 15t the passage of this Resoluliort does oat revoke an, earlier atlduanlY granted by Reualuliun of the Iluard of Diwctors on June 9, does hereby nominate, constitute and appoint N,A, GIBSONr JOE 13RTJCEI W. LAWRENCE: BROWN, JANICE G. COi11EY, DOROTHY VALFK, WILLIAM D. BALDWIN, GENE W MOLT and KA'MIXEN DAY, all of the City of Dallas, Stare of Taxas ° - 1:. each Individually if (here be more than one named, s rue and lawful attorney-In-fact, to make, execute, seal and doIlVer on Its behalf, and as Its act and deed any and all bonds, undertakings, recogni ances, contracts and other writings in the nature thereof. And lhV execution of such wril]ngs In pursuance of these luesents, shall be as binding upon said Company, as fully and amply as it they had been duly executed and acknowledged by the regularly elected officers of the Company at hs principal office, MICIdARL 11, E ODOR Vice•]xresident, IN WHNLSS WIIERCOP, the said has hereunto subscribed his name and affixed fie corporate seas ul the said INSURANCE COMPANY Or 3rd day of Se.... ptPmhr , NORTH AMERICA this „ Nc AMI]RICA rardtey rwa» ~ (SEAL] 'sOR OR Vi ",P+osident A,4 o,, STATE OF TLi,INOIS COUNTY OF COOK y ss 0tin de this 3Yd day of September Public of cmber A 17 1J E32 before me, a Notary STATE OF 111INOIb In and for the County of COOK avnc MIC}1A~'L EODOR, Vice-President of the INSURANCE CbM]'ANY Or NORTH AMERICA to me Iaursonally kn wn t obi}iilt,Indio dtu al offiter who itee preceding xeted ilimprec Is the instrument, and he aclinowledgedl that ht, exerowd the corfporate seal of said Company; that Ito said corporate seal and Ids signature were duly affixed by the ouihordry and dimolon of the salt] corp ratino, alit] that Resolution, adopted by ilia Board of Directors of sold Curnpeny, referred to fn the litaeding insnuntenl, is now hi forcu, IN 11.511MONY WI II RI.OI', I have horeunlo set ray hand and affixed my orfitial seal at the City of CHICAGO t Elie Clay and year fast Ahov:e wfutan: MALI PIIYLI,IB DUBAK NularyPublic. My commission explies 2/6/B5 (Aj1 Ilse undelslgned, AxsDtm Secretary of INSURANCE COMPANY Or NORTH AMERICA, do hereby (edify that s4ha t jo nal POWtR 01' A1TORNLY, of which (ht, foregoing Is a foli, Inre and correct copy, is in full force and uffecl. j 1n Gvitnoss whereof I I h rtumn Subscribed fay I Arne As 1f}S1Sthitst SC(relaryand affixed tilt, corporate seal 44 nfnh !Corporation, this::... ! +1s"14.I Play of 17„+ JAId1C5 SL , WY11711. YAffaSllt)istcralaiy u s~ . um I I a I i PROJECT N0, CONTRACT 140, ^ DEVELOPER'S/OWNER'S PERFORMANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S C00I4TY OF DENTON KIJUW ALL MEId BY THESE PR1 SENTS; TEXAS BITULITNIC CCMpANy That a blk10)n al APAC•TeKas+ IAe, of county, Texas, hereinafter Called Principal ` and Inwronco Compony of Norlh' A'morlct - i a Corporation organ zesunaer`tihe aws o t e-Sts e o and authorized to do business in the Stekte of Texas, er ina ,ter called "Surat are hold and a Munioipalcorpo ration, firmly in +ntbound unto he city of entonp on County,tTexas, hereinafter called "City"in the penal sum of Do a s1awful' money of t o United the ae' which sum well and truly to be mace we bind ourselves, ourm heirsf I executors, administrators,' and successors, and firmly by these presents; jointly and severally, THE Condition of this Obligation is such that; _4 da W118RLAS, the Principal entered into _a certain contract with Contractor, dated the the proper performance of w Y of, .lTSUar , A, D,, 19 __r in interest, a copy of which is hereto attached and made a part hereof, for the construction ofr ,t tr fully0causeaRtoObeo performed Praincial shall Y, and faith alll of thel unde k rLaksp covenants, terms, conditions, and agreements of said contr clt1gin f is DEVELOPER'S/OWNF;R'S PPAPORMANCE BOND-PAGE ONE 1= ta, " art 4,- t + 4 , accordance with the plans, Specifications, and Contract Documents l during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, and during the life of any guaranty required under Lhe contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all bathorized _modifications of said Contract that may hereafter be made, notice of wtrtch°modifications to the surety being hereby j wtaivedt then this obligation shall be voidr otherwise to remain in full force and effpdt. PROVTDIUD further, that if any legal action be filed on this bond, venue shall lie in Denton County, AND, that said Surety, for value received, hereby stipulates i and agrees that no change, extunsion of time, alteration or addition to the terms of the contract, or to the work performed i thereunder, or the Plans, specifications, Drawings, etc accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. i IN WITNESS WHEAEOFt this instrument is executed in triplicate, each one of which shall be deemed an original, this the ; tlay of A.D., 19-025-1 TEXAS 91 U TH1C COMPANY SURETY a Welsh 0 PAC-Tem, rocs lnwronco Company of Horlh' America $Y, 6E14 C. RAGSDALE' 0100A ATTORNEY»IN-FACT ATTEST: . SECRETAR 171tLARn Ilion 0 1 7 i 1, I i j POWER OF ATTORNEY 6$2456 INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. I' ) Know all men by these presents: 'rhal INSURANCE COMPANY OF NORTH AMI.RICA, c a corporation of the Cunttrlonwealth of Pennsylvania, having Its principal office in the (lily of Philadelphia, Pennsylvania, pursuant to rftc following Resolution adopted by the Hoard of Directors of the said Company on May 28, 1975; Ili wit: "RrSOLVLD, Pursuaril to Atlicles 3A and 53 of Ihr By-Laws, Ihr Intlossuig Rulc> shall ;overn Iho execulion for the Cump:my ul bunch, uisdonakmgs, tca,gnlranceb, conlracls and other wiaings ut the nalute illocol: r1' III. Thal the Presldelil, or any Vitv~Prrsidenl, Assistanl Vice44esldaul, Resident Vitc-President ur Adorney-in•facr, lira} rxecutc Ihr lie and in 1301,111' of Div Company any and all bonds,. ry all Asst fari gvcrelary ors+at Relsideol rAssislontlii cietaryran I slhc Iseall cull the same lu bC umstticl l-to nc llat Il Ilse $Ll of aly, his A 5n1a. 1 Cmn)any afGxrd Ihrietu, And Ihal Iho I msiden1 of any, tasl sidonl may afipuinl and authonm Rcsltlehl Vur 14esldrnls, Resident - Assistant 5cuelaurs and Allnrney}-in•fa[I lu sn r.xccUlt (ir all la tits exonnibn of all such Mailings On hermit nl the Cnnymny and to all$% the seal of Iho Congsatty Iht'relo. 12) l:i:y such mifing vwruled in mordnore with lhese Rules shall he as binding upon the Cowpiny In any case as Ihuuglr signed by the I'rclident and attested by Ire secretary. l ilu fiKUd by # 131 ]fit- signature of rhr Po 1111 nl of a Vin, then anti alreOf Iliv rllfying Conilan anldafill! bn: warlrordthetCosnparhy may lsc a anorlsey granted pursuant to any . u oSve and nd the sVg r + Iauinsile' to any certfitale of any such h power, and any such power of cenihcate bea,ing such laesinslle signature and seal stroll he vaild ' snd binding oil Iho Company, (41 Such Residenl Officers and AhoinuymCuns l all hassaryslhoriPin di ls, to (arycf Muir v sift' opics of this Resolution, the lit-Laws of the s Com)any, and any affItI of recnrdof Il papY { 151 1110 passage of this Resolbbob dries not revoke any tattier authority, granted by Resolution of the flood of Direrlois an lone 1753." does hereby nurninale, consillute in(] appoint H.A, dIRSON, JOE SRUC<, W, LAWRENCE BROWN, JANICN G. CORREY, DOAOI'HY VALEK, WILLIAM D. BALDWIN, atsitj W. 1101,T alld KATI LEPN`t)_ AY, t all of thO City Of Dallas, Stets of Texas r each Individually If there be more than one named, I i I s rue and lawful altorneyin•fact; to make, execute, seal and deliver on Its behalf, and as Its act and deed any and all bonds, underi,akings, recognizances, contracts and other writings In the nature thereof, Ant] the oxccution of such writings In pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and aeknawtcdged by the regularly elected officers of the Company at Its principal office. MICHAEL, 13r,ot50tt Vice•Presldent, k IN WI1NE55 WIIEItEOF, the gild a has bvreunlo subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF t NORTH AMERICA this 3rd day of noptcmber . 19"n? a:........ t iN URANCE Ci f A y N(7 i AMERICA i rlet,llw 5 1 j (SEAL) ! M CEIAPL g, OtSdtt~ W presldunl ILLINOIS I STATE OF sS, 1 COUNTY Of 000Ys rrr On this 3xa day of . Soptemtser„ A. D. 19..82 ....before Iyie, a Notary ATh OF IL1,IN0IS in and for the County of CO" came . blic ru..... of the M J,C . . . Vice-Presiddnt of the INSURANCE IIAPL .~,..,FObOR • COMPANY OF NORTH AMERICA to file pcttsonally known to he the Indn9drial and officer wino executed the preceding Instrument, and he acknowledged that he execuled the same; that qlc seal (fixed to the preceding instrument is the corporata seal of 5ald Corollary; that the said corporate seal and his signature were duly affixed by the authority and direction of the said cpr h.ualton, and that Resolution, adopted by the hoard if Directors of sold Company, referred to in the r;receding osliumeil , Is now in foico. CIIICAC,O IN TE51IMONY WIifRCOI', I have hereunto slit Illy (sand and affixed tray official seal at tht City of the (lay and year first above wtilon, i (SEAL) I'IIYLLIS taURAK Wary Pubhc. Mycouiriais51on6xpiles 2/6/S5 I, Ih(l undersignud, AmOfirw Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that 1nal POWER OF ATTORNEY, of which Ihr (oicgoing is a full true and correct copy, Is in full force and effeU, G h'n,unto subscll day bed of III? ame as XAM11*1 Secretary, and .affixed the corporate seal at tssF~ha~lConpowitricI5 rallon, Ihr leaf, I hv , y k rf 19EAL) „ JAMES 5, WYl ,IL Sd?;Y}f~gseuetary ne,l ee~a .n.. tenth . I r i 4i ~I I i ~ i I f 1 arshL Mil MuM i MtLlnnin, Intofpora ; 15001a, Jitinl 'Tow, CERTIFICATE OF INSURANCE 2121 1%1!Photo SIr~It . N -AM CF• CciM-PA 1V"'""- 2141742-104 bi1 lls, Telex 70ax 73762114 . -0601 Fbw- 1) Utiae National Tnsurenc~cee Croup, 2) Mission Notional Insurance C~ ompeny imrEltrry 17, 1985 ` This 11 to carrtty, that 00110e1 In the tome of NAMED a Ruff Construction co,, Inc, INSuREO i AND dba Ruff Construction Co,I i 5 ADDRESS Walter Ruff, Individual) Ruff Marine, Inc, i ~t P.dr Box 810449 a Dallas, Texas 75181 That Canillua of Inlutltin + nNthir killwetlvely not nepatlvlly Amanda, oxt/ndl or art In ibftl it 1fiA data hitlot, as follOM! alUr1 the tovu►p/ 444Oa0ed t+y AnY volley de/trlbad hooln, i KIND OF POLICY i INSUAAN„E POLICY NUMBER PERIOD LIMITS P 4 WORKMBN'8 YVORKMENSC WeN5A-moNifas l COMPENSATION AND 1) W25061»85 EI}, 1-185 STATUTORY ' r EMPLOYERS LIABILITY EMRLOYEA'S LIABILITY INS, ; ENO, 1-1-86 BODILY INJURY I t 1 BY ACCIDENT $ 500000 EACH ACCIDENT EY DISEASE $ 50D DOU POLICY LIMIT OENfRAL LIABILITY BY DI88ASE S 500 000 EACH Mani i Y ,P, CONN"91410MY81 ►MM CC ~pNCE. _A00 hE0A7E... i rr~-yy tfP~R~►i►M`p~I A ANO to" "ON ltlp 1 OLA 74878 Ell. 1»1-85 BODILY INJUAy 1 t L.t MAi1 RCIMJ ANb ) ~ ~ C rRlROUNbNA1ARb PRO", Expo 1-1'-86 PROPERTYDAMAt3E $ 01 C R S ~ aTId Tl/O/I LrARb }y is l`3f'Ff/~t CONtAACrbAL INSURAN41N BObI LV INJURY AND t t ■rd a roRM RRnrAry PROPERTY DAMAGE I rµ CAMee CC NNrY COMBINED i 500,000 S SUU, 00U t r:1 toH1AAQta,/ ' IrReeltAt INJUrr PERSONAL INJURY AUTOMOetLE LIABILITY - Y s 5un100U r [3 t"PARNaNUyr rteRit BODILY INJURY {EI,CH PERBONI 1 I l) GLA 74878 .1. Owwaw BODILY INJeJRy(WHACCIDEtM S *Also. AORERTY DAMAGE Narro Exp,1-1»86 -~ggpppp'I~ILV NJUuRYA10 ;FCC}Tp EflsaB~f6€ NON dwhr0~ Pp OPERY DAMAGE UMBRELLA 2) MN045761 rtr 1-1-85 Co BINEV 5 U, 000 !x 1-I='86 Combined • . ~x~rt~-----.--y-- ~k. s s, oo.Ulauo Bln,ll~~t I r kEl Improvements locntod at talc 1nteYHtxC10n of lvindat+r Drive v li U, CUIp Survey Abstract No, 287 anti t11u Old North Rond In tale DUniel i Caswell Carter Survey Ab I strnct No, 275 In the ar161 bt Any matt Ai th"ll" Im CI tan[11 006 Of, 1Ald 041164t, the and Hllinta tomoany will ftW ° rb Whdln INII tU0Nt11rit Ill Wild, moth, to the tarty s CERTIFICATE ISSUED TO. AT/~HORIP~G'NF,G~EdG T i Ghenkmats DsvelOllmcilb Cnrlsorallon 1'10, Sox 627 Marsh dt McLonnaD, ine; Denton, TX 76201 11ENI01i vice PRF61bew I t hvac-etas e j t l I r 4 , PROJECT 144, 7944/J053 I C014TIlACT 140. x r THh STATE OP TEXAS 5 bEVELOPMENT CON'TRAC'T' COUNTY O DENT014 5 t WHEREAS, a developer Of real property located in the corporate l limits or, the extraterritorial jurisdiction of the city of Denton, 'texas must develop such proporty in compliance with the applicable ordinances, regulations and specifications of the City o; Denton 1 pertaining to the construction and installation of streets, alleys, o curbs, gutters, drainage facilities, water mains and lines, { sanitary and storm sewers and other improvements and utilities in + I such new development or subdivision) and WHEREAS, said developer, ~ CNnr-uA~A~I~f:1lC.l,~AdLhC~-,G:tylt[.D' 1~.4TlDN hereinafter referred to as "Owner", elects to make such improve- meets hereinafter set forth by contracting with another party, RUFF CONSTRUCTION COMPANY j hereiniLter Teforred to ac .1 t ~ 'ContrricLor') and WHEREAS, owner and ContrActor recognize and acknowledge that r the City of Denton, hereinafter referred to as 'City', han are r I 11)t0reat in insuring t h a L the E improvements „object to this ~ contract, which will, upon approval and acceptance by the City, bacons the property of the City, ate constr,ueted and inatalled in accordance with the minimilm specifications and starrjArdb ranuired ~ a by said citY1 r tf , T i 1 I I , WITNESSETHI t as specified in Exhibit A, attached , " As to the improvements, reference for n I I purposes, hereto and incorporated herein by be retk:rred to as "Improvements", Lo installer) and } 1 constructed at th n ersecllon of.YJlndsorrlvs L Uld Nnrti fto7d~ln th© P811101 Na, 287 S the Caswell Garter Suave Abst, the Uwncr, D, Cul Survey t, Noy 279 onsldeCation of their mutual promises and r contractor and City, in c c agree as follows) { venanis contained herein, o 1, contractor agrees as follows) SI Ct end install said Improvements in acc~ruance a, To constru with the City's "Paving, Drainage, Tatar and swage specifica" and any other ordinances, Lions"i the "Denton Development Cady, i F ec~fication>s applicable thereto and to perform regulations and ap I i o all necessary repairs or reconstruction f said improvements a,t I I E required to meet the City'a specifications, ordinances or regulate ':k t I tion3 for final approvsl and acceptance of the Improvements by the city, h. To cooperate with and abide by any orders of the City I Engineer, city inspectors and other city employees as to the time, construction'' or installation of. any of the mannor or method Of improvements, ; or to beginning any coiks'.ruction or installation c. That i,ri in form and of ehc, ImpCCVementsl to furnish a maintenanco bond, , or 1 substance act:epta1)1e Lo the City, in the amount 04 of t}ie a unrr' ~k~t~n f 4 ~ i , y r, -1 4 contract amount far. such Tmprovoinents, insuring tho maintenance and repair of the improvements, for n period of one year from the date of acceptance of the improvements by the City. The bored shall be in favor of the City and sha11 he executed by an rrpprov(, ' a ` surety authorized too do business in the State of 'texas ~ar d, Not to begin any construction or installation of the i Irnprovemcnts specified herein until Contractor receives a written { „ > "Letter of Authorization to pro0vLA(I by the City Engineer, certifying that all preconntruction requirements of the City have bean met . e, To hire and retain adequate supervisory personnel to C insure that the construction and installation of said Improvements are done in accordance with the terms of this agreement, 2, Owner vgrees an followsr a, That prior to the beginning of the construction and 1nstal.lation of the zmprovornents, to furhish a perCormxnce bond, ; in form and substance acct+ptablo to the City, in Lha amount of 1008 of the contract amount for yur,h Tmprovernonts, tluntanteeiny the comp,,',otion pf the construction and installation of said Improvomnr rhp bond shnIl be i.n,fnvor of the City and shall be execute Dyad surety company authorised to do busiriasti r ,tq in the ;)Lat. nad, b, That prior to tho beginning of the constructiun and installation of the Improvements specified herein, to furnish a PAGE T41HP, I i f 01 paymr.nt bond, in form and substance acceptable to the City, in the ,t amount of 1008 of the contract aranunt for such Improvements, n~. f guarantrieincl the pay!!ient of all persons fllrnishiriy materials or labor for same, The bond shall be in favor of the city and shall a be executed by an approved surety company authorized to do , business in the State of Ivexas y f~ l c, To do all things necessary to insure that Con tractsor cooperates with and abittos with the order!; of Lne City I;nginecr, k Inspectors and other city employees as to the Limo inann:r and w 4 method of the construction and installation of the Improvements, t j d. That no homes or buildings in the :subdivision or dive ' lopmenrwhere said Improvements are to be made shall be occupiod by any purchaser, lesrlec, the owner or other person, until all Improvements specified herein have been approved and accepted by the City, To insure the foregoing, tnv: owner agrees, prior to the berlinning of the (:onsLruction tind installation of said Imht'ove- ; meats, to deposit with the city 1;2,000, said dtnoulit to be forfcit.ed St , tt to the City as a penalty; an6 not t, liquidated jdii agr , snou1u any of ,did homes or buildings be occupied prig to aliproval and acceptance of said linprovelnente, by, the City. Forfeiture, of ,aid sum shall not preclude the City fr~iln Lakirz I any ndmini~ trativo or { legal action neceasavy to pr even c. or r(,aLrr,ill such occupruicy, f ' 3 City agrees as fol.low;;l +s, To issue a "be LCvr of ,l Lithnri :atiolti Lo t) rocecd " to thr } n(,dS f Ul1it 1 r r i ~r Contractor when all preoonetruction requirements of this agreement and the City's specifications, ordinances and reyulat,ions have r been fulfilled. b. That upol~ proper completion of the Improvemontn in accordance with' the City's specifications, ordinances and a regulations, to approve and accept the said improvements, 4, It is further. undetst:ood and agreed betweon the Owner and Contractor that the owner shall retain ten percent of the total ? contract amount for tho construction and installation of the t Xmprovemente until said Improvements have been approved and accepted oy the City. N. 5. It is further understood and agreed by and betwoon the parties hereto that upon approval and acceptance of said %r,provementm by the City, said Xmprovements shall become the property of the City froe an e.lin ar of all Iienb, charges and encumbrances of any kind. 6. This Contract shall bind the parties, their heirs, ~ auccossors, avaigns and representatives for the full and faithful t,orformance of the terms Hereof, Jointly and severally. Executed in triplicate this, .21ST day of JltNU11RY_ 1985 , OWNER CIII"sCKMA'f bEMMOR18NT CORP. CONTRACTO1t ItUPIP CONITRUCTIO ' J , INC F h rem ~~h~ PAM VIVF y i I I f CITY Of' DENTON E I I Y G` /CIMI HAft`, N ~ r CITY MANAGEZ ATTEST. ~ i CHARIOTT AI~L814, C Ty SECRETARY CITY OF DENTON, TEXAS 1 I 1 A i 1 I l I I ~ PPOirx"f NO, l9rINIJU53 f t CONTRACT NO 1 ~ 4 E:XHTHT+rA OWNER j CONTRACTOR, '"A"EhIENTS LOCATCI: AT tlto Ill l4.,rborlloll of Wlitclsor brr a G Ulcl N r _ ollIi 12ntici _ . in llr~, anlel b, Culp survay Aljsirnct No, 1.87 and thn Cosw~ll (.nrlet. Sifrvay M Abstract No, 275 AS AE:iCfilfiEU J3FLOPrj tJ'fIL17'Y IMPROVEMC N75 1 1 {Sc!e Atlnchoel t31(j} i i f F h • t'ArI: ;t;Vi;N l 4 : I I'12t)JI C7 Numm-.N. /'11111 WnRRFa.}. Cy ASSOCIATES C11-]IN4,gS 1 ,lla, pipl5 _ ti to 2011 r r'AGC C_ i /0 V Ia'U',Ii')rE'!1'5 I:5I'lHAII: wof! p / n ' l1rlr,rl nTV, UN tT PR IC U nldnurdr t WAIIIt fntll;lrll+ z36!_ Ir /~,,a 966~F80 II , to g. - Lr vO 75, oo D `f (II t'.V.t hi11n O 30 60 I' Snlvlu l lnCa 69,..__F.A, 2 _ /791/0 rn ~G W f i F. A valvv~ 7 CA ~9U ' f re llycJrant, 5S3Ub CnslIrbl) IItt111 9 3.a Tc,n 77~~;. u/!D _ Crn,lu Cl to kxl ,t Intl Wntr1 EA I r~`J i r,, t t, r 1 1 i I Ls C ,50 :5 0~., i i _ /da 6 ° I lolni wr,ILR 6 ( 6 SANITARY SCWrlt _ _ . I't If,VtC Mall1 11075 LF r 76r i 4" l:ntnrnls G9 Ln Jv"r~~~_,~~,!at(~ it Itlnnu+ter hltlnhvlas 11 I.A.~, ~t~,y'.. j~•. j.4~` ' 7lcnnu~i{s .._r!.. LA iuv_us_i lavl I Lb C7C7 3 1orn1 5C4rrit (2 e7o elll' t v tti 41{)'('1 _ TylllQL,~rc~-Skit tl Il; Gkl 11k miny !14 z elilu cd I'Y...LIic (1it.Y.u~ 13,o`c„lqetil,~tJtl'~....__1t~1.1 (u t vr,KI u)...LtzIb1 1)1/.__.. bnt)6 ( Codt )y url T+t, I't+ac.yl),t j ,)o,ont0 to fui•r_ . I t (.'.r~'flr ~fIYIE. Coniflf f r rcu :r7 ittirnt3rrc 79414 ;I * WO RFLL fi ASSOCIATES r, rrnti,l; Northwood 9 - !rl .t;Llt ___.Dn7c,10.7G pJr~ I , 10 Chu I N r I n f:S,rIHAT1' • . u'.': t ...I.:.:-I_: ..Y 1: ~-.Y411q y't".3Y..~. rt .::.~.,.._..::::..--_.._~Tt..:l :..il.. _.t:t. L:~~3'I1aTl:Y ..fYL'ii.T `.]T ,1 CY A13'.cnY'_ 1JCS':..::<~!^I I DL3CNIIJTION OTY, UNIT Pr~ICG AM UurlT ' •'`,v--:-, t: ci Jt:L• .,roCS.t •.~T_:__Ti_Ir• ,:,.~.a SrllplLDKAINAGE_IMI.I.rrIES._ : 2h'-'_Cluli sr-i.l_f-R,C.P.._...._~:..: F: 21 CIaSS 11.1 R,C,r , 11.2 LF _ Z eil ..7 19"class Ill R,C,P,1-- .1{42' L r ~ " (lass 111 tl,f Nl 5 Y26 Lr .l..6.27~ (i3 y-- r) 7. I c le S) C>i c c 7 r r r r NO i'D I _4.y }1DWrl for NDC !'.~~r._- r se 1111 HOWL for ?I" R,011 57 5 !Y1>a!U! NuWI for 18" k,C h, F.A 5'Y5 X57, jyg ,e' JIDWL .r()r A,r, l I In 77 Racassed Irilcl V. LA NO r In1al EA /6 To 50 Sr Rucosbod Inlet IA. ~~alJ l E? GC> I w. rt S1D Inlot I CA . Clew°7lsrcructfr Inlol I LA /W`1710 Yllucusscid Inlet I Ch ~.5~ C~ ~w C7 T'yVD Inlet ? rn4 .rD Junction Box 7 LA 4 ~'>CJ i(~~~++~~ lifro l lxa;rvatloo l8y 0*61(-1;'S\ Or rt Iw CY Nv fiC7 _ 11,unnrl ! lltlncJ I) 7 p CY ~f , ,,JJ q p ...___.___-~:.[UTAL.,fIfALNAGCt.,~~•"+"~f zr / / aU._....._:....~..._ A+f NUI' 'flop uzGarl 5i}tltl IJntlt(1l1 h,ty br ecJtt{t ci lyy Lhc' CJ I; I '1)W i . (SC(1U~Lif0-4-- AtjY'',S;DIlr♦LttVCL,l+21t.&QIDl7ctt 11?7t?Pr)r7~!'Jt,ISI.1~ItN?x•.51_ nr ,>±anuiY ,i 91111ll AL "IlMirn f;(>nr-" tttul711'y C y lei t: . c , 04 EXECUTED' IN THREE (3) COUNTERPARTS BOND NO 944768 PROJECT NO. 7944/JO53 CONTRACT NO. 2 DEV'ELOPER'S/OWNER'S PERFORMANCE BOND ' (DEVELOPMENT CONTRACT) THt STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON S That RUFF CONSTRUCTION COMPANY, IHr~, of DALLAS, County, Texas, hereinafter called. Principal and TRINITY UNIVERSAL INSURANCE COMPANY a Corporation organ zed un er the laws of the State o TEXAS and authorized to do business in the State of Texas, here na er called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City in the penal sum of Twn NuNnan 7wFNrv nfJr .rNrnI,SBNn]XHlJhtiaEn- .TEN AND 80/100- Do11'ars- - y~_..) uo "S as , lawful money of the United States, for a payment of 4 which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presentas ' THE Condition of this obligation is .such thats WH8REAS, the Principal entered into a certain contract with Contractor, dated the 21ST day of JANUARY , A. D., 1985 in the proper performance of which the City c Denton, Texas,,- as an interost, to copy of which is hereto attached and made a part hereof, for the construction oft IMPROVrMENTS OF PASO,, DRAINAGE, WATER ANb SAN1TARY SEW11R a kV INTERSECTION .OF WINDSOR UkIV o OLD NQRT11 ROAD IN THE DANIC n. CULP SURVEY ABST NO, _2874 THr { CASWELL CARTER SURVEY_AB$T., DENTON, TEXAS NOW, THEREFORE, if the Principal shall well, truly, and faith- fully causno to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in i DEVELOPER'S/OWNER'S pLRF'ORMANCE BOND-PAGE ONE 1 T.,_ i, J E EXECUTED IN THREE (3) COUNTERPARTS } accordance with the Plans, Specifications, and extension rthereofuwhich during' the. original term thereof, and any may be granted, with or without notice to the surety, and during the life of any guaranty required, under the Contract, and shall also well a;;G truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter be made, notice of which modifications to the surety being hereby waived) then this obligation shall be void) otherwise to remain in full force and effoc't. PROviDED, further, that if any legal action be filed on this f bond, venue shall lie in Denton County AND, that said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder) or the Plans, Specificationa, Drawings, etc., accompanying the same shall in anywise affect its obligation on thia bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, IN WITNESS WHEREOFi this instrument is executed in triplicate, each one of which shall be deemed an original, this the 21ST day of JANUAR__.Y~~~r ADD , 1985 s I i PRINCIPAL SURETY RUFF CONSTRUCTION C)MPANY INC. TRINITY UNIVERSAL INSURANC: CQMPANY /ryG~ 3 EX• By AmTORN YWIN-FACT BERNICE GARVER ATTEST: SEC ET Y I r EXECUTED IN THREE (3) COIINTERPARTs PROJECT NO- 7 1U-L0,ti_3 BOND N0. 944768_ CONTRACT N0. 3 DEVELOpERrS/OWNER'S pAYMENT BOND (DEVELOPMENT CONTRACTY THE STATE OF TEXAS 5 COUNTY OF DENTON 5 # I THAT RU r CONSTR CTIO COMPAN [ C - 1 Texas, hereinafter called principal county, o£ 1 and Tnrrrtty UNiV1 RSAL iNSll89N I the o T x ere na r to OT state xas a Ccrporat on organ to an er the lawsd unto the C$.tf of Dentoni 1 and authorized to do bus iness in the state of TTexas, hereinafter called "Surety" are held and fi rmly boun cipal Corporation, in Denton County) ln Texas, a Muni who may i ca and unto all persons , firms and corporations lled "City"r rEorm labor on the buildings, materials for or e p structures or improvements referred to to the attached oont i~ nn.IhD tntGnDGrt TWCNTY °u~,_," rtv ~ t the penal sum of - . - - - aid in bentunr s, co be p and truly Do-liars, lawful -money -of the United State Texas, for the payment OfeX~cutorsm adniiniSt ators 1( Dentan.CounrY, our hoirs, to be made we bindintiy eand sseyerally and successors, o this obligation is such that) THE Condition of i a certain contract With Ac r 19~ WH>>ZEAS; the Principal deyerof into a D. r Cantracror, dated bhe -111L o Fenton, Texas, art I in the proper performance of which t e C tY a copy of which is hereto attached and made a p an interest, hereof, for the construction Of. ~'"Jgrntr° it~5 O PntirINC~ )I A-I+C WfITCR-~S11H~"~~43~R~ Et C P 5 E 85 N, 287 & THE Wf D5 URCVC Ot 10' 0 O IN THC p - CFSWy E CARTER S(IRVCY Al ,DENTOFJ, TEXAS FiONb DEVELO?ER' S/OWNER'S PAYl~EtJT ~pAGf ONE p i 1 EXECUTED IN THREE (3) COUNTERPARTS y NOW,ausT"eto 'Rto.ORbe1;, if the principal and make or cause contractor shall well, truly, and faith full o performed its duties to make prompt payment to all persons, firms, subcontractors, corpo- rations and claimants supplying labor and material in the of the t,ork prosecution provided for in said contract and any and all duly authorized modification of said Contract that may notice of which modification of the surety is hereafter be made, res waived, then this obligation shall be void; Otherwisegto r mainBn full force and effect. provided further, that if any legal action be filed upon this bond, venue shall lie In Denton County, Texas, AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work the Plans, Specifications, Drawings, etc, peaccompanyng e thersame shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, alteration or addition to the terms of theContract,18or tootthetwork J to be performed thereunder, IN WITNESS WHEREOF', this instrument is executed in triplicate each one of which shall be deemed an original, this the of ~ , A. b. , 19x5 2. 1SC day PRINCIPAL SURETY. f RUFF CONSTRUCTION COMPANY INC. 1131NITV UNIVERSAL INSURANCE COMPANY H ` Y~ Byl 1CE ChR~ R ACT ATTBSTj SAC E NOTtj (DATE OF PAYMEN'T' SONb MUST NOT BE PRIOR TO DATE OF CONTRACT.) DSVEf.6PHR'S/OWNER'S PAYNEN7' BOND-PAGE! TWO EXECUTED IN THREE (3) COUNTERPARTS BOND NO. 944768 PROJECT NO. 7944/J053 CONTRACT NO, 2 CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THr STATE OF TEXAS $ COUNTY OF DENTON, KNOW ALL MEN By THESE PRESENTS: That RUFF CONSTRUCTION COMPANY, INC, i of DALLAS County, Taxes, hereinafter called principal t and - TRINITY UNIVERSAL INSURANCE COMPANY a aorhoration organized under the laws of the State of TEXAS , and auLhorixed to do business in the State of Texas, hereinafter called 'Furety", are held and firmly bound un o the C ty of Denton, ; Texas, a Municipal Corporation, in Denton County, Texas, hereinafter f celled City in the penal sum of ' - - - - - . W NTY TWO TH USAND ONE HUNDRED SIXTY ONE AND 08/100 Dollars($ 22 161.08------) Do era, iw u money of t e n to fl Ms, t e sa"~~ sum e1ng tan percent (101) of the total amount of the hereinafter mentioned contraot, for the payment of which sum well and truly to be made we bind uursolvee, our heirs, executors, administrators, and Successors, jointly and severally, I THE Condition of this obligation is such that; WHHRCAS, the Principal entered into a certain bontract with Contractor, dated the 21ST day of JANUARY A, D,, 1086 the in proper performonc of" which the~C-``i:y V""pantonj Texas, has an interest, a copy of which is hereto attachod and made a part hereof, for the Construction of: r I PRO EMENDS OUAVINC~,DRAINAOE, WATER AND SANITARY EWER LLPILI WINDSOR DRIVE &_OLD NORTH ROAd,IN THE_DANIEL D, -GULP SURVEY ABST. N0, 287 & THE CASWlLL CARTER SURVEY ABST., DENTON, TEXAS DYVELOPER1S/OWNF,;0S MAIRTt:NANCFi BONA=,PAGE ONF, j , . EXECUTED IN THREE (3) COUNTERPARTS NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall_ be final and conclusive, determines to be the result of defective work, materials or _laborj then this obligation shall be void, otherwise to remain in full force and effect, In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation, It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive` recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been { exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, { PROVIDED, further, that if any legal action be f'i'led on this bond, venue shall lie in Denton County, + IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 21ST day of JANUARY , A.D,, 19_g6 JJ~ PRINCIPAL 1 SURETY RUPP CONSTRUCTION COMPANY, Mr.. TRINI(Y U~JIUERSAL INSURANCE COMPANY nY BY; Gs ATTOHN6Y :':'FACT BERNICE OARUCR ATTEST; S E E R Y DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE Twr) l I TheTrinii tilt Compani s Dulles. Texas 16701 LIMITED POWER OF ATTORNEY KNOW ALL l1EN BY THESE PCESPIT5 That 1R1141TY UNIVERSAL INSURANCE Cu.1PANY ofd SECURITY t+r, ';?IJAL P45URANCL CO),WANY, each a 1evas Corpoiallon and TRINITY UNIVERSAL INSURANCE (u' PANY Jr- KANSA5, 11C., a Kansas Carporolion du hereby oppoinl BERNICE GARVER - DALLAS, TEXAS IfA Ina and Ic lAilorneylsl'ln•Foci,witi, 14 11 1.lhdrilr to 0101wie r• is he~.ait "sil"t and surely bonds or ondotlolc1hp and other docvrnerts of o siroilal ^'n!ar'-er issuall in nu• rcvrso of its iwsloess, and to bind she fespoctlva company lhereLy, r EXCEPT NO AUTHOR17Y IS GRANTED rOR: I L Open Penally Leeds. I s '1 ?r fronds wheie Anorneyf Fl'In•Faci anrpa' 64 c tv;y at mtefes i. IN VYIT14ESS WHEREOF, TRINITY LROVERSAL INSURANCE COMPANY, SECURITY NATIONAL lPJ. SURANCE COMPANY aid TRINITY UNIVERSAL INSURANCE COI,PAfiY OF KANSAS, INC,, haue each 0eeculed and otlesled lhege Prnsenis u,ig....19-t2Ldd~ -IICT~ fl~ , Iv.._.@9„ , i JUCIS~ N C i~aAN CvOpP Bs-Gk57h11Y{rIa[ FR E6`~ ~ A- Yl' Th„ pNC I Ni AUTHORITY FOR POli l OF AITO NEY W Thal TRINITY UNIVERSAL INSURA1,1-L COMPANY a'd SECURITY 114110NAL INSU ANCE COr.iPANY, each a leyac Coroaralic• a"d IRI1411Y U'liVERSAL iSJ"AN-E C0'PAIIY 01* KA SAS, II•K, a Knnta•. Golpatollor;,_ in earsvor•b. cl aoih xig 7rti^irJ Ly tfal cv-w ros'.f';ti;'; merited by nr f wr4cuve, Vroid of Ditetlors on. Ile III dot 7 ;y• f, I u'•d cl v. fk fo -\vl^p it y Iraa,.hl„ and romplett c,p,• ( 'rRLSOL~LL1, TI,ut tip PraUGpni e, ~I a.lafhL JC ' ^'i rn ar'f ri ea , or 11 gn CoMI'.dnl S Ln n'•J I .cm7la,leS i Y IheY Ofa IL•leb) ablhal llUd 0"I e": pl 'g MJih a l '11l 'of I lists, rf these unlo such perean at pafsens res,di:2 lriti l ~ I!.4 1. IL's 5ialf e of A°orl.J, 'it I• r.v 'at selacf, 11s Po.vel f of AHotney colikiltYlina ana Jsl='PiOi° 1 ea:'• ft? leas3^ is A tot eq'ln•Faa, %vii, i pewet and avPwf. Ily fa make( execute dnd delivcfi Itr I', i• Its 11111t J^I 01 Its Lpi all, os s ,fal r, a tnfticuldt turlfl ar undetnaking that play he leq.hed In fie 5"!I11od teffNsrt, vndef wcr. IleNailolis Old toslrlctla's, bcv at to naWfe of such bonds of ndoplai.lwp a-J at 10 lunlis if Ir..l.ril , Ic [it srdariuLpr 1f Ihese Ccnlro' ios, as. sold CNflcers may dean' rtot-ar, (i,u na'rfe of sv.t Lw,dg if tnJer'a. l^a a+'tl lif lnlis of liflllly to whlelt auclf f'mtiere of Allofney rlna~ Le raelrleled, Ic be br no:r. Insto`to 5teclf7ad it,, such Pcwaf of Allows, RESOLVED, Tilsit umy sad all AllainOYS 1,.Fac1 a^d Officers of f•a C'.omrantas, Incladi y Arskianl Secra• left(. 11 W11611her of not 1'e Secrelery it lbstP0, Le and ale dorebr tl:'t'..f 110J and nrtcvtole.1 a tcrilry ~t verify aoplet of ILO [;y'LOwls of Ihese units I,-let us well as a^, rogol'Ola' of 1ho DifeNOft, i aYln3 r!-9S with the elfecvlYan of Lads, fecapi. ,ens, eo^Jrwr of 4"d411111ity, aid all cl'.nt wllllnds IbOi oltly if, It.. , 0 polite thereof, of %Ylli, te7aM to Ife f WYQr, of any tlf 11'a c(l,cefg Gr 11 vg9 > L., aPle4 of a1 Alkrnpy g•In, iSOLVEU, 1ho1 the sipnui,ta of a••, of the perscwt 'dew1bod I^ !gin f rapine rpsalsilo•r far le fat ilinliv sipndwrei as filed c reploducnd by oily (aim of Y`feln3, frir Nn~, s'a'riivi ar Direr recrodvolon c0 ' III* noises of Off parians here P,oiaPe a ti orlted.il s CERTIFICATION OF POWER ATTORNEY I, Ad,1h E. Fo,Tan, Corp. So:relory cl TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OP KANSAS, INC, da hereby aef Nfy That the IOrppolba Res^Il'lic• of ibo Gvardt of Dileci0fs of 01,010 Cclporafitns, and the Power - ! Aliotney Issued hvis9a l iI'ere ir, are live and calfsel and ere 41111 In lull farce end elleelf N 1'ITfJESS 'dHEREOF, bU.C i. era 1, se! ny 1: •d a•.a ::+D.ed "o iat Si^i'C ge a' tl S:i' r011c1 a'll.• 15ta1NUY . P, i, dsTl L~/`pI i 111 '~yy f II s'~Si .Y: ~-.1:../~S 4..~^~i~ ~w✓ !r „ d rr rN ` i ~ + t i~ 115 fi 111 /•f ~hVbV}•+ C, rA earl, Con u. ixt nCf lRV" ac r ti~5 E: A i. It -1604 d a Bond No. 18-0120-10.182-85 MAID"1'L.i•~M'CC POND t STATi OF 7 ' w CC)tMY OF i)I ii17N KNOW ALL IEN 13Y VESE PRESUM 't'hat we, Burord-Tlusnp'son cullpatiy, General Contractors of 11.0. Ilox 6037, Arlilrr;ton, 'T'exas As Principal and United .Late:; Fidclit,V aril Guaranty Company as Surety, are held and finnly bound unto '111L C1'1'Y OF lllsM10N, 'IMAS - as obligee, in the sum of Ibrty Six 1171ousaod Five Hundred Ninoty-'11u~0e and Ao 100 tbllars ( $46,593-00_----- . lawful money of the United States, for the payment of which sum well and ttttly to be made, we hereby bind ourselves, our successors and assigns, Jointly and severally, firmly by these prosents. WIEM.AS, the P incipal has entered 110:0 a ctontrttot wiLh COldon 4H,-111 1( y JoiBt Van(uee, Lo wnsttu(.t SMI'J'ei1)(1) Plrza - SLLOrWVI , 2300 ,Sau davinto Blvd, Denton, 11'6xns 76208; said contract being daterl January 1,7; 19135 NOW, V RF,M E, if the Principal shall repair any defects in said r,,ork 1 occasioned by and resulting from defects in mterials furnished by, or wor;uranshi.p of, the Principal in perfontdng the work covered by said contract, occurring within a period of (ht0 (1) ye I" after date of accep- tance of said work by the Obligee, this this obligation shall be null and void, otherwise to retrain in full force, and effect. giyn sealed and dated this 21HL. day of Jtunuriv, lg 85 hTTGfi'xt L3urord--'1110111 Sou UAIJ tusy (1011011111 Ckn VAOLOVS t Print 7. ; M. 41, GtJOriGi+ & A.",SOCIA''I;S INC. ' LLW 310, 7857 tt n1) vt. IdrJad Dallas, Mama '15231 Unil,ed Siat~05 C'lduiity :tird Gu~trauL4 (k)?npnny Wrc ty }yam, titan R. I(hnn .11, ALLornOy-)n-.t'nct 1 1111 l 10 s k. N/ r, F ~ l t r CERTIFIED COPY GENERAL )POWER OF ATTORNEY 88150 No, Know all Men by these Preaenlir That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the ` State of Maryland, and having Its prinelpal office at the City of Bdrimort, In the Stale of +Maryland, dues hereby constbute and appoint Sam R. Kimmall e of the City of Dallas ; state of Texas , 2 fu true and lawful attorney in and for the State of Texas N for the following purposes, to Witt To sign jig nomo as surety to, and to execute, seal and acknowledge Any and all bonds, and to respectively do and peria m any and sit acts and things get forth in the resolution of the Board of Directors of the sold UNITED STATES FIDELITY AND GUARANTY K COMPANY, a certified copy of which Is hereto annexed and made a part of this Power of Aitorneyl and the meld UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board al Directors, hereby rattha and confirms all grid whatsoever the mild Sam R. Kimmell it may lawfully do In the prendk9 by vittste of these presents. In Witness Whereo/, the sold UNITED STATES FIDELITY AND GUARANTY COMPANY has caused Uds Instrument to be aealcd with 14 Corporate seat, duly attested by the slgnaiures of its Vice.Prestdtnt and Assistant Stettin v this 29th day of Atlgusst A D, 19 75 UNITED SPATES FIDELITY AND GUARANTY COMPANY, (Signed) fly , , ,a. 11. Meehan. Vlca/'realdenr. (SEAL} Rgy H; { i Signed) Dritt., .....a....... daNuan< STATE OF MARYLAND, , BALTIM011E CITY, Y On this 29th day of August A. D. 19 73, before me personally came D. H. Meehan Viee•Presichim of the UNITED STA'T'ES FIDELITY AND GUARANTY COMPANY and Ray It. Britt Asals4ni Secretary of mild Company, with both of whom I am personally acquainted, who being by me severally duly sworn, isld that they resided In the City of Baltimore, Maryland; t that they, the laid , H. Meehan And Ray H, Britt were respectvely ri 1 the VlcePreaidtnt and the Aeebianl Secretary of the maid UNITED STATES FIDELITY AND GUARANTY COMPANY, the cot porauon described In and witlch executed the foregoing Power of Attorneyi that they each knew the deal of said corporatloni that the r seal atllxed to mild Power of Attorney was such corporate sod, that It was so flood by order of the Board of Directors of said corpora. lion, and that they signed their names thereto by like order as Vice•Preildent and Assis4nt Secretary, respectively, of Ilia Company. My commission expires the first day In 1uly, A. D 19, (Signed} Herbert J Aull h (SiLAL) Norary Public. , , STATE OF MARYLAND r Set, DALTIMORE CITY, I r( j I Robert 11, Bouse Clerk of the Superior Court of Baltimore City, wldch Cuutt Is a Court of Record, and has s zeal, do hereby cenlly that Herbert J, Aul l Equire, before whom the annexed of rlialld were made, and who has thereto subscribed his name, was at ilia time of so doing a Notary Public of the State of 11ety'IonJ, in and for ihA City of Bellmore, duly commluiuned and sworn and authuriretl by law to admlrilster oalhs and take r sCknowledententm, or goof of deeds to be recorded thereat:. I further certify that I am acquainted whit tltc handivilting of the Bald Nolmy, and eerily heuevo life signature to he him ganulne slgnulutd In Ter+lmonr W tool, I hereto let my hand and affix ilia seal of die Superior Court of Baltimore City, the some being a Cold of ReenM, this 6 hh day of August A: D. 19 76 Robert if, house (SEAL) (Signed) Clerk of !be Suputon Court o! Nelrin+on L'iry~ ~ 2 (941) I ,t 1 i r COPY OP AE90LIMOIY Thrrt whereas, it is necessary and a act for It (or the pill transaction of 6ss that Ihle Con l a Dominion end In Its horns in Stales other then Dferyiand, and in the Territories of did United s sled a of lire n( Canada al .d In.the Colony of Newfoundland,. h J hpolrn Agents and attorneys with pewee TheroJore, 6e (f Rsaofsed0 That this Company and In the provinces Prteidenls in conjunellon with Ina Secretary or one e of ire des, Assistant and IIlslanl hereby Secretaries. reaee,, sund under itr t and empower Its President or ether r of Its Ylee tracts as atln gurarysrenoftedng tha fihmg tha d •ellt (ecl, or agent or agents of said Comp corporals seal, ro appoint any either s any, In Ili name and as Its sot, persona of to ezeute an I then Insurance policies and axeeuUn e 9 or raons ltu horardoldin eing Ibo ~t, nd unldertakings,! required gua permnranteeing red o the In perallfr rmanc by law allowed, and . p p es of contraeta other / aallonevoroproceadlnll_con dfa, In its name and as ill attorney nr ellorn ga, or bonds, p l or olheces, , at obligations, etlpuiatlons underrakings or anything In rite nature of either of the same, xhlch ere or 'territory of Dominion or therwlsa, or by any Stature of 'he Bert dsSg tu tor any Slats ar Llm O tha Untied tee the conditions of any and all l Do y, org "l Ceruda or r( the Colony of Newfoundland, or by the rut", reguletlona, orderp, customs Of the 'I may by law, li maacce tee fil orofgcer, !"eat, municipal at otharxlse, be allowed, required or psrndued teowed, ode roof rite I tendered, accepted, filed ed td or recorded for the occutttp or protection of, by for any Practice or dleeretton of , municipality token, given, ny Inter boardesl, llty or other asasolation rr organization whatsoever, in any and all capacities wllatsover, ou , of anything or any conditions ns which may be Y hers or pesone o co be r son body office, offi or any ndltfontd for dole anything In the mere d ofellhte of the same, nut doing Y provided for in Any such bond, recognlsanee, obllg nditi stipulation, lh or unner4king, or 1, Theodore CA Qs Parke KANIY COMPANY, do hereby certify that Iho foregoing is n full, true and correct an Assistant g by" id company to elelity of the UNITED STAPES FIDELITY AND - copy of the original power of attorney given Sam H. KimmgYl i r of Dallas, Texas forth; whisk power of attorney has never been revoked and', And I do further cetljfy 8 itfili inn fullh ores and erne L h m ns x As dig" bonds ae therein set that said l rover of Atlot B re Y as given fn purlu"ce of a restitution mlopled at . ar meeting of the July oard of , 41 which of e Conipeny dun coiled end l efd at iho office of dieCompouy the Clly of fiald n tnore, regular the r pot lfol, at which meeting a quorum d ( ethe hoard of Direct ora was present, and that rh!on fthege€ng is a true Gild roues, copy of said rssohdor, and the phone ILe rof ao recorded is the minutes said mpstfng, filth A CObll'A day of IF, NY y on estlmnay Whereon, f have Hereunto gel my hand and the peal "f he ~ lil~y 2f'i(, 1,U$ 1 ,Jiulll UNITE:b STATFA E'!lrht 1TY AND GUAlIhNTY rfrrfJfaat Seererary," 1 j a 1. t Y f M ,-T l'F }:ILS 13I''ULI'P1i1C CU 1'h14Y A 1)(18 ers of bnlSin4 or APAc ltxAS VIC Sapr Lys, poison, Aotitlns and MUNICIPAL IIAPnUVrai I: IYTS P. o, Dtlx I0365 2121 living plyd. .1. DALLAS, it'. IIAs 16207 1`110110 A/C 214 741,3531 R E V_1 S C b E i PROPOSAL AND C014TRACT 1 ` Checkmate Development, Coapgrattoll 13619,1nwoncl Road) Suitc 300 Dsllas~ (eoas 75734- Dote... January L0fl- 185_ 1 Taxes altulittuc Company, Division of APAC,. Texas, Inc„ itnrelnaflef called the Company, offers to furnish all labor, rnalerials and equlpnranl s (squired for the porfornlanco of ilia followingdescrilsad work in connection with Construellon Of Imprownionts at.. _ o- j Old North. Roed1 Approximately 11100 II No lit of liwy, 380_#11 i)rnton1 TrxaR _ vhuh prop' IY I b Checknate r Description of Work and Price: NIORTM001) 9 s; 1, Street ExcavntiOn: Estimated Quantity 211948 C.Y. @ $1,35 per C.Y. 2, 611 Ilot Mix Aaphaltic Concrete; Vstimated Quantity 71597 S.Y. @ $11:00 per S.Y. Anplialt:ic Concrete; 11stiutated Quantity 8#563 S.Y. @ $9,00 per S,Y, 3, 5" Hot Mix a 4, 611 Lime Stabilization: Potintated Quantity 1,80985 S.Y. @ $1.30 per S.Y. ' r I. ? 5, Hydrated Lime Material 1$11/S,Y,; Approximately 171 Tons @ $84.00 per Ton, 6, 2411 Concrete Curb & Outtor• Iutimisted Quantity 71920 L.V. @ $6,50 per L.F. 7, V['77 Street Barricades; Approximately 190 L,1n, @ $25,00 per L.V. 6. Channel Excavation; Estilltated Quantity 17.1650 C.Y. @ $1,94 per C.Y. s 9, Clearing on Equipment Rental Basis; Estimated One (1) Dotter 30 firs @ $57,75 per 11r, 't! APPROXIMATE TOTAL AMOUur rrE1ES 1 T111W 9 , . $3111838.80 Ratio for Performances Payment and Maintenance BondR 3118,00 'FO'CAL $3141956.80 Unless o lump turn ptica Is to be paid for tile forogoing work and is clearly to slated it is uddantood and agreed that dse tsuafultios relorred to above are ottimates only and that payment shall be triode at the stated unit prices on ilia actual quanthles of work performed by the company as determined upon completion of the work. Payment shall be modo of follows: r t Paymont In full for all work performed or material furalshod hereunder shell be made not later than she tenth day of the month next following cdch month in which ilia work. was performed or materials furnished. Upon cornplatipn of ilia work to he performed by us, you will make finol and I • full payment to the Company Immodlatoly upon receipt of our invoice. I; lontest at the rate of 10% par annum shall be clierged you lend geld by you if you are an individual w partneuhlp and 10% it you are e corparullon, on all vopaid balances from ilia duo data to the date of receipt of payment by the CumpanY, and in the event that this spatter Is put in the Wide of an attorney for collection, You shod he charged will and shall pay Ili reasonable allorney'1 ides which in noovent i1rall be last than 10% 5;- of the balance owed. - Thh proposal expires fifteen 1101 days ifonl the date hereof, but may Ix Accepted 81 any later date et the sole option of Company If the foregoing meet$ with your acceptance, kindly sign and return Ihe attached copy of our proposal, Upon Its receipt It It Understood the foregoing, Including ilia loans and conditions sot lorlh on ilia raverte (life hootd, will conslituto the full and completoagseement bdlwaen us unless s i r incorporated as A poll no another tonbaol, end In tech event ilia tormt and conditions of this proposal shell control over conflicting burns and /i conditions found In Ilia contract Into wldch 04 connect Is n,corpolated, Continued on Page 21., Very truly yours, 7 rXAS HITULITf11C COMPANY 0WItion ?f APAC, Tryst, } ACCEPTED 1 CIIEC ? 11110 colkPORATION Ily 6y,, IrS,n C. 1tng,rdale,Oivision Vice President. fur r~_.__ Fly: Date'- BookReferanca.. L'htibsitc prepared by Jack Vnnclurrtlice 6 3' fi.rx+f . JVR :a•.~ JV/cb r y Z., + Checkmzte Uc.velopmenL• Corpoinlion i nenLon '1'X Proposal lot - - 100 i'cet No 0 t3 North Ttond A}~! iLh of Ntry, 380, ,r.axltnatel) 1 1)10 - - - 1 - - . Prolacl Noiito or Locntlon NORTIMOOD 9 Dvscripiion of Worlt and Prlo@. utility q rode oY nli.gtvtent stakes, r prices do not: include crt8in0cl) f, etsLlid 1 adjusianuuts or dauta8es thoreCO, nlets and excasaive rock excavation. ork to be mtd cinnl clans +p, All we tact in Prices do 1.nclude hcondition a neat oud orderly piled near ahannell / Materiel crnl chsnnel axcavaCion to be stock s are one move-ln, based on fl an extra charge. All price a clenuing will he * Any completed work dnmr.8ed or need addi ional heavy Workin8 bays to Camplrtto. roved. s + Approximneely -_...-70 signed and APP 70 lays actor conttBot is Construction to r onunettco approxi+nately I 1 ~j I r. ' r 7IKAS 8 I1ULITNI0 COMPANY ACCtP7cbl nivislon of APAC•TOxsa, Inc. f By: Ne t J✓~i✓ Vice rxasidont Hyt Ilan bivi ion C, 11a8sdala, 'kt { .~1 l~ wy~ t .ail p7 1 ✓ I'1IXAS BITULITHIC COMPA14Y n llttilders of niv ,l0'r Dr Al 'AC iWS, 114C SIRELIS, TIOAOS, AIUHELDS and Mdfl ICInAL Iski S IIOY E MI: cot 10365 PIPS. Irving Oil 'd, R 0. DALLAS, 1L%AS 'IWO1 Pnuno hYG' 2I4 7413533 y PROPOSAL AND CONTRACT Cltecktnal'e peveloput rlt Corpo{ntfon 13619 Inwood Itoad, 5~ile 300 lmxlary l02 1985 oblel llallas IexAS-_,75234 i rrll ~ oflerl to Iurnis11 all lnuar, mateil0lt and a 1 I51"Ont of APAG, Texas, Inc., hareWalter called tuy Cmnpnny, 1 - " Company, I) Texas aimEllhlc Coml Y, required tot the performance of tiro lo;lowing da{criUed wort, in cannceltnn svilF construction or hnprnv.-lI_ -IICr111 Of old North, Road,, Appro0 mately1j000 -iii Nulth 380 in D ntonj Texas _ wHith property isownridby n Cileck«YSLe Development OorporsiL•ion. • i _ NORTIR4001) ta_ Description of Work end Price? 35 }>cr C.Y. 1, Street Cxcavation & Grading! fsatimated Quantity 12397 G.Y. @ $1., 11,00 per , 6" Slot Mix Asphaltic Cohcretc! Tatitnated Quantity 23558 S.Y, 0 2 21957 5,Y, @ $1,30 per S.Y, 3, 61' 1,ime SL'abilization, rstimnted Quantity 4, 1lydral;ad time tlaterial 18Ft/S.lr.: Approximately 27 tons @ $8~+•00 par 'Ion, 5, 2411 Concrete Curb & Gutter! Deliinnted C?uA3ltity 1,187 Lef, @ $6,50 liar L.F. 5 C Y. @ $250.00 pot C Y. 6, Concrete flumes! 19titnated Quantity a $45{1.01.55 W_ AL'P1tOXIb1A`F'f, 'I'oCAt A110UN1' l'F,415 1 ''IIRU 6 , , , , , • . , , . , , r.~ 1151.00 l me for. Iltiormance, payment and blaintena'lee Bonds „ I'OrAI, $4 5 2'. 53 1 Continued on Page 2,,. {e unless a lunip tuns PNce is to FA paid for the torquing work and IS clearly to slolbJ It 4 undanlotil and agreed tool the qubluil Pa referred to .1 above ate onimotes only and that payment {hall be made al, the flood Unit prfeaf on 1110 actual qu0Ml11as of wU•k parlmrnad by tile Company eS dolorminetl upnn complation of 1110 work. Payment shall be rnado as lollowss a ot sit 001 Payment In whlloh Ihel Worrk ti alft a lid Ord oelmbterlalSnlu1n shod. Upon clompletiro 01 thelwfolktto be performed by us, you will neka ulna and o each month I oice ate a full poym¢M to ills Dampany InvnodletolY unun receipt , laterals at the rate of Per annum font be you anJ pelt! by you if You eta )n Ilvldual or nattnarshVp and 18% If yeu Of Charged our Inv. In Ilse event Thal This maser 11 l'ut U I torpotatlon, on oil Unpaid balance{ Irom the due date to too data of raeelpt of paYn,onl by the C I any, and the hands of an attorney for cobliatlon, You sholl be charged whh and shoo pay ell reasonable au0rnop's lase Willett In 410 avant shaft be lest roar 109{ cooled at BAY Inter data at the 5010 upon l of Company, I of ilia balance owed. Thlt proposal expires fifteen (191 days from ilia dole hereof, but May be Ba posal. Upon lit Ibeeipl It It undaulooJ the e klntity sign and return the BlmChed copy of Our pr If the fomgoing Iii Calf wltb,Your aceePtenc , ' in~ foregulnrg't0dca{do Pertain landsold colnMIU111 Set fo fucol the l0valft side bed cundili co t"U'DS110ollnlsal (hall control gover nconlli"Inp forms and Drift incetilnuOr "0011 An event ilia eonJlllunt found In the contact Into wblel, Iho contract Is incorporated. s , i Vary UuIY yourl, 'f tT:RAS BiTuLITilic COMPANY a Division of APAC, Texas, In title, aoy. dAle/ 2 }'s / DtViaion Vicc Prcaidenl 0 I'ils, " lil'Of?A'I'ION CIICCICfSA'S' „r assn CL, Rags ~tn„Id.4r by lack Vailderalit e IIALltente prepared Ualel" - r flank flaforencel_['^+=/ ~Iyy 4W 4NJf 51 141 . u 00V dv/km kr, . 1 „L ICI die ~ J 1 j P,oposalto: Citecktnate Dovolopment Corporation P,ohctNanworLocation; _Old Noitli Road) ApProximnlely 11000 feet NnrLh of llwy. :380 DC nton) 'I'X DCScOpflorn of "fork and Price Continued from Page 1... ` prices do not include wigineerinp, LesLing) grade and alignment stakes nor underground utility adjustments ) reliairs for damages caused thereto) inlets nor excessive rock eXcavation, Prices do rat includo backfilling curb nor final clean up. Project will be left in a neat and orderly conditiion, e All prices are bared on one move in, Additional moves for the convenience of tile owners will be clrat•gnd extra at $450,00 cacti, Requirements for repairs to damages to co:npleted or partially completed work and any requirements for heavy cleaning (for denvtges caused by others) can be performed at an additional charge, Approximntely 30 Working bays to complete, Construction to commence approximately 20 days after contract is signed and approved, a 1 i 1 Y I it J ACCEPTED: YC%A9 BIYULIYHIC COMPANY "•ft` : CIq;CMAT 1)1 ,LOP I' CORPOF i0N blvislon of APAC•leres, Ina tt i HY. 6 I,~Fyp /7r`/ non C, RagridAle, W.viaion Vice rrerrirfeat~ R' kaki F ir,r~ f • F ~tt~,'~~Ik~l I,Cy w - I F DONALDSON CM { 1104 North Locust St. I)nto , Takes 76201 (617 666-1608 r i TRANSMITTAL To P. ~I ~ 16A A-, TIE.n.rr.UT C ,_l~r-F Date _..,~'u►.~E r. i l aY A Cw4 bE.►►te.s~ Project ~.~.~.~_4~i~~A13s'_•lt_!~~..... 4MQbk% a. V A k4 1 .i4tsr~.t~ Work l+ode•_____..._.._.._.. . bc~►~cr~N~'_VX -1+142.c,1 Submittal No. We ere sending you herwlih via -,Mall, _ Recaiver'e Mesegr., 2SX-Contractor's Mesegr,, -Other --Hand Deliver prints For Your Review&Comment Approved As Submitted _ Tracings for Your lnformat Ion Approved As Noted Seplae XX_ For Your Records Speclflcatlons For YourApprove I { Approved As Noted w Shop Drawinge Please Return iResubmlt For Approve l) 1 Disapproved. Resubmit COPIES DESCRIPTION KA iag. tibcwy 1Ja+. VS 10 '1 _"l2 a1 A~++ e u YL ~-6 wti~ w a? ~ _~..~g~;st,►~; x ti e ra '~,?a _ r . I Very truly yours, - »...._r„~.~..w_... Ck~NA+UAeµ e-M B ` " X 51' ~~~777 2Y fir Py del -mTAA*A&- r J J 1 1' ' )fond No TS 668 75 72 GtWAKRWM INSURANCE COMPANY MAINTENANCE HONI) KNOW ALL NIEN 11t''I'IIPSE PRESB S thm we, IX)NTsLnSON C, d, as frindpal, and Ilse (MA•f AMERICAN INSURANCE cOMPANY, a corporation organiml under the laws oI' lire State of Oldo and duly authoriecd to transact I)Hslness in the Stale of `texas as Surely, arc Held and p, my bound unto 7l)e City of Dmitonl Texas as Oblige. In the sum of 1%90 rl'housand t tght llundreCl at)d No/lOt7 ($7.,E300. 00j D01 LAIts, for the plymenl whereof well and tnllV la be made, the PiLlclpal Jiro the Succ(y bird thenlsoiseS, Ihclr hers, erxccamis, adnshfisuahns, soccossor, rard assigns, jointly and severally, firmly by Ihose prescilts. S IN 1), stated, and datr,d (Lis 2801 day of Mcly , to i15 Will Id AS the Principal and lire Obhgae hive WINICd into a written agreement dated the lf3t:h (Illy (it May 17 85 , for DuLontion Pond-T-OL L, Block A,, Dcl)tol) lice IerIlIS of which apreeinaol were rtunplw' Gild accepted the day of I 14 ;and I 1V11ERFAS kw ihlncipnl bits given a ML (1) ycat orr<inwoance gunuintee under sit(] agrcenical of tithelwhe against defective Inatetlais and Workmanship, NOW, 'fIlkRul,m il, lire condition of Ilfis obilgalon is such that If the hrhlcipal slmli well and truly comply Willi suchguaraulce, then this obligation is be void; alherwkc It shall reutaln f l full force, 1 PROVIDE[) flat no right of aciloil shall mettle on (Ills bond to or for the use of ally person of carpor;ition other than lite Obligee Named hereim mud I i'RoVIIHII) ItURTAIER that the Surety shall have Ito liability cutler lints bond 15111055 the Ohl(gee shall give written notlco of churl( of the 11rluclpal's fillure to comply Willi sucll guaranteed to the Surety at Ile Admiatsirative Office at $80 Wnlnur Slrcol, C'hiehmall, Ohlo 45202 such notice to be given within file yrn nlmulenallco period. I I r y 1'rbtclpa! 1 I ~ t'muuersigiictl t CH A1' A l lttG~A l S RAN T I OMPANV by E f lZuGlrn ,r°rrrr Ik>_tCy lal~a' ANarucs•lnJur! Yn a//e P„alod in V 5.11. k4 1 i V l GtE U AIVERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No, 0 1231.1 t POWER OF ATTORNEY a KNOW ALL MEN BY THESE PRESENTS: Thal file GREAT AMERICAN INSURANCE COMPANY, a corporation organlzedand N existing under and by virtue of the laws the Slate of Ohio, does hereby nominate. constitute and appoint the person or persons named below Its true and Lawful atiomeyin•fact, for It and in Its name; place and stead to execute in behalf of the said Company, as surely, any and all bonds, undertakings and contracts of suretyship, or tither written obligations In lie nature thereof;prodded that the liability of the said i Company on any such bond, undertakingorcontract of suretyship executed under this authority shall not exceed the limit stated below, r. Name Address Limit of Power. JAMES M. MATHEY,'"a ALL OF ALL BIa`1ly H104 pAi.Im, TEXAS UNI=TED DON E. COFOEM 'this Power of Attorney revokes all previous powers Issued In behalf of the at( untcyls) litfact named above 1 i I N WITNESS WI IF RPOF the G REAT AM U RICAN INSURANCE CONI PANY has caused these prest fits to be signed and attested by its appropriate officers and Itscorpnrate seal hereunto affixed this 14t:h day of May 19 84 Attest GTWAT AMERICAN INSURANCE COMPANY .1TAl'LOFdiIlO,CDLIN'fYOt'NAMIL'I'ON -ss On Ibis 14th day of Pi<'ty/ 1964 befoic fire personally appeared il0lil;iTT M. SCIIIJUR, tome krrotvn, being duly sworn; deposes slid says that he resided in Cincinnati, Olin, that lie is the Vice President of the Ciwat Amellcan Insurance Company, the Company described in and tuluch oxecuted fire abase Instrument: that he knows the seal,thaf it rani sdaff3xed bynuthorlty of hisofftcc tinder the BY4,4i vsof saldConhpnuy, rind that lie signed lus namc thereto by likc authority, I M Tills Lower of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great ` American Insurance Company by unanimous willlcn consent dated August 20, 1979, +1 l i if 50L II D: 77xl rife President, Fill, sevaral rice 1'restdcnis and Assistant I'lce Presidents, or mill one of then?, be and hereby is aurhotf eel, from tlme to ride, to appoint one or more Allotew.vs•Ill to exec-dc lit behalf of lot(, Company. as Surely, anv and all bonds, underrakhtgs and contracts of surcr,Gsbfp, or other wriNen obligations br rile nature thereof,, lo prescribe their respective duties and the respeellve flmlts of theiranthorlyand Rn revoke alki, such appointment all ant' None, RESOLVED PUR771GR: That the Company sea' and tore slgnalute ofan)' of file aforesaid ofllcees nta,9 be affixed by facsimile to any power of aliomey or certificate of either given for tire execuilon of anv bond, undcrlaking, contract or suretyship, or olher wrinen obligation lot the nature thereof, such slgnaune and seal where so used being hereby adopted b)' life Company as ncc on r I signature of such officer and the original seal of the Confpanv. to be valid and binding upon the Company with the same force and effeet as though manually afftsed, f r. i:h i IPICA7IGN 1 KAREN HOLL.E'.Y 1101(RELL, Sccrcl,uy of tie Great Amcrirrn li mirancc Compan), du hvrcby ccrllfy that the I - neluiltp Power of Alturnes and [lie Resolullmrs sit the bowd of tMeonis of Augusi :0. 197) Ihase 1101 boon rcurkcd and arc nose in lull farce and cffeef, Sighed Inid sealed iilis 20t;h day of May l'r 85 I ~33 i , 1029) to/a J) i , F r V1 } 3 F i i Fl LE I