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Home My WebLink About1985 it L 1 PROJECT NO. CONTRACT NO, THE STATE OF TEXAS § COUNTY OF I)EN'PON DEVELOPMENT CONTRACT WHEREAS, a developer of real property local-id in the corporate limit's or the extraterritorial jurisdiction of the City of Denton, + Texas roust develop such property in compliance with the appiienble ordinances, rogulation.s and sIacificatione of the City of Denton pertaining to the construction and i.nata'.lation of streets, alleys, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities for such now development or subdivision; and i WHEREAS, said developer, ngrrleon Cus gIa_1lomgs..llttcrd uarriaoa, , j hereinafter reforr©d ru as "owner", elects to rake such improve- ments hereinafter set forth by contracting with another party, I'ellrru CcngLrgv,..L n, tnc. , hereinafter referred to as "Contractor"; and J WHEREAS, Owner and Contractor recognize and acknowledge that the City of Denton, hereinafter referred to as "City", has an interest in insuring that the improvements subject to this 4 4 contract, which will, upon approval and acceptance by the City become the property of the City, are constructed and installed in aecordanre with the minimum specifications and standards rejuired by said City, PAGE l .~1 t r WITNESSETH-_ As to the improvements, as specified in EXhibit A, attached her!3to and incorporated herein by reference for all purposes, hereinafter referred to as "Iittprovemente"r to be installed and constructed at U- S~lliiY 9N, It7fi Ar nntf ha 9 tJ SJUiiniitn the owner, ~:SCr1. 1S - Contractor and City, in corsideration of their mutual promises and covenants contained herein, agree as follows- 1, Contractor agrees as followas a. To construct and Install said Improvements in accordance {I with the City's "Paving, Brainoge, Water and Sewage Specifica- tions", the "Benton pevelopment code", and any other ordinances, ' regulations and specifications applicable therctQ and to perform all necessary repairs or reconstruction of said improvements as required to meet the City's specifications, ordinances or regula- tions for final approval and acceptance oe the improvements by the City b, To cooperate with and abide by any orders of the City Engineer, city inspectors and other city employees as to the time, manner or method of construction or installation of any of the improvements, c, That prior to beginning any construction or inatallation of the Improvements, 'to furnish a m,0-nbenanre bond, in form and substance acceptauie to the City, in the amount of 1U% of the PAU TWO t contract amount for such Improvements, insuring the maintenance and repair of the Improvements, for a period of one year from the date of acceptance of the Improvements by the City, The bond shall be in favor of the City and shall be executed by an approved surety authorized to do business in the State of Texas, r d, Not to begin any construction or installation of the improvements specified heroin until Contractor received a written "Letter of Authorization to proceed" by the City Engineers 'I certifying. that all preconstruction requirements or the City have been met, e, To hire and retain adequate supervisory personnel to insure that the construction and installation of said improvements are done in accordance with the terms of this agreement, 2, Owner agrees as follows$ a. That prior, to the beginning of the construction and installation of the Improvements, to furnish a performance bond, amount of in form and ;~ubstanoe acceptable to the CitY in the 100% of the contract amount for such Improvementsr guaranteeing the completion of the construction and installation of said Improvementu. Titre bond shall be in favor of the city and shall be executed by an app~uved surety company authorized to do business in the State of Texas of That prior to the beginning of the construction and installation of the Improvements specified herein, to furnish a ME THREE F %f payment bond, in form and Substance acceptable t.o the City, in the amount of 100% of the contract amount for such Improvements, guaranteeing the payment oe ail persons furnishing materials or labor for same. The bond shall be in favor of the City And shall be executed by an approved surety company authorized to do business in the State of Texaa. C. To do all things necessary to insure that Contractor cooperates with and abides with the orders of the City engineer, manner and inspectors and other city employees as to the time, method of the construction and installation of the Improvements, d, That no homes or buildings in the subdivision or deve- lopment where said improvements are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all improvements specified herein have been approved and accepted by the City. To insure the foregoing, the owner agrees, prior to the baginning of the construction and installation of said Improve- ments, to deposit with the City $2+000, said amount to be forfeited and not as liquidated damages, should to the City as a penalty, any of said homes or buildings be occupied prior to approval and acceptance of said improvulnonts by the City. Forfeiture of said Bum shall not preclude the City from taking any administrative or legal action necessary to prevent or restrain such occupancy. 3. City agrees as follows; a. To issue a "Letter of Authorization to Proceed to the PA08 FOUR 1i w contractor when all prcconstruction requirements of this agreement and the City's specifications, ordinances and regulations have i been fulfilled, b. That upon proper completion of the improvements in 1 accordance with the City's specifications, ordinances and regulations, to approve and accept the said improvements. 4, it is further understood and agreed between the Owner and Contractor that the owner shall retain ten percent of the total contract 'amount for the construction and installation of the F j Improvements until Said improvements hsve been approved and accepted by the City. 5. It is further understood and agreed by and between the parties hereto that upon approval and acceptance of said Improvetuents by the City, said improvements shall become the property of the City free an clear of all liens, charges and encumbrances of any kind, >l 6. This Contract shall bind the partied, their heirs, successors, assigns and representatives for the fui! and faithful J performance of the terms hereof, jointly and severally, Executed in triplicate this, 17th day of Jul , iy 85 . OWNER CONTRACTOR tlnrrigon Cubtom Romeo Fellers Colin LruaCien,Tile. 13Y t _ kiY t I PACK FIVE Q9 I at""111. i CI..TY OF DENTON 0. CRIS HARTU CITY MANAGER i ATTE4~A REN, CITY/S E ANr TEXAS I , j ApPAN'VFD M YO IdMlis { QIYY AT101M I my ilk q~titfN, fE1W i f ( PAGE 52X PROJECT NO. CONTRACT NO. EXHIBIT A OWNERI Harrison Custom HomoH CONTRACTORt Vellers Const!uctlon,lnc IMPROVEMENTS LOCATED AT 3,117 Acres U,S, Highway 380 Fast AS DESCRIBED BELOW. Fire Plug and approximately 300 feet of 10" water main, 1 i i i i y t'1►0E SEVEN I r r covTRACTov s VMFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS S COUNTY OF DENTON 5 That Vc,IIcrra Coll 9trucll0n, lire , of 792 licryl Pain , T,owievIIIo Texas "75TH-75M hbKeinafser c~ a1Ted~Princi"pa an ftss~tcrli]ut E-y ]If3,Y ainsurfTirce C'omprliry,a corporation organized under the lawi tie State of Plie3eeclru»ette and authorized to do business in the State of Texas, hereinafter called ("Surety"), are held and firmly bound unto / THE CITY OF bENTON, TEXAS, a Municipal Corporation, in Denton Cc.unty, Texas, hereinafter called "City", and, Ilinrrlyan CUSLon, Ilonres hereinafter called "Developer", in the penal sum c rrrr au,,N„~_l, -lawful money o ttie Un~ted-StaCes, tome paid' In Denton County , Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, ' administrators and successors, jointly and severRlly, firmly by these presents, THE CONDITION OF THIS OBLIUATION is such that Whereas, the Principal entered into a certain contract with Developer dated as of the 17ti day of 1il A,D., 19S C5 (the "Contract") a copy o w ich is attache ,arsto and made a part hereof, for construction of ona [fro. 1,1iru curd cl U-Q, .L in rrtely 300 {ugt .Li' 1. ' w o ir~y to serve an A dit cn tot e t of Denton, Denton County, Texas. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shell nlatisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless ;he City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reiaurse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall Promptly make payment to all persona, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, ane" an authorized extension or modification thereof, _then this obligation shall be void; ot.horwise to remain in full force and effect. i pROV1)ED FURTHER, that if any legal action be filed upon / this bond, venue shall lie in DentonebCouuniy, Texas, an th8eg said Surety, for value received hereby that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in i an wise affect its obligation on this bondoEantime, dit adoe le hereby waive notice of any such change, or addition to the terms of the Contract or to the work or to th-9 speoifications 1 IN WITNESS WHEREOF, this instrument is executed in triplicate, each one oflwhich shall belg~m ed an original, this _ M h day of 51 ATTES'T' lJ j// Y FU111IRS CONSTRUCTION, INC. { copal 5ecretarn PRIN ( EAL) Byll 7-7 Pei Address 7`o w1>>E~yt T,hain W tress as to Pr 0 Le4vi1.Cu~ I%xs 71r677-~ I Aczsss r_ ATTEST (SLAW t•IASSACIIUSETTq UAY I,NSURANCK COMPANY SURETY { SWX i16Y XsirrVorr t By: ttorney- n-E'aa A ress 1~4U Ia,,r t u c, , n„r Address EIr,NnarltuaS l 1;~ DATE OF ~ NOTE; POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, I OS3'1r -2- i CONTRACTOR'S PAYMENT BOND THE S'rATE OF TEXAS § K14OW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON § t l nc Of 1~)1. Bast. Plai t~~. That FaAIQr 1. l~u_}E~~uc llot, _~'.1 Texas 7`067 ere Wafter called Princepal" an~PlF/ytaacClo~~~~cat~on otiq{a-nTzed u I'h un erttwe-Iaws- of she State aEMts~yucltusamnd authorized to do business in the State of Texas, hereinafter called "Surety", are hold and firmly bound unto the City of Denton, Texas, a hereinafter municipal corporation in Denton County, Texas, called "city"' and _liarrlson_CusGgm llotuac' ~V firms and heeeinatter, called `Ibfuornishrmaterdialstor P formolabor for the but di o who may uilding ding or r improvements hereinafterlr~~elUBd Co in the penal sum oE'i I'to t )d, Scv_ln l _ _Ilul.ie_i~ry, - - - awf6i mone fof~thhe United States, to he gaFd in Denton County, Texas, for the payment of which sum wall and truly to be made, we bind ourselves, our heirs, exeautors, f einistratorsland successors, jointly and severally, firmly by , the ceOBLIGATION contractsuch withhDevelopersdated i pUentered Into THIS as principal the 17~daY of luly ._A,D " 198A5,(the "Contract"), a as of copy of whrch is attar ed hereto and made a part hereof, for OOngtCUCt10n oEoie fire tltL ks a?n~d°p tuoote3~ty of per,td'n JF1Ler rosin to serve Denton County, Texas; I NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all ofaTeXassand$all£claimantseascthatltermRisiused iniArticletes 5412d, Revised Civil Statutes of Texas, as recodifiedsupplying -J Chapter 53, Subchapter I of the Texas property Code, ii labor said and Cmaterials in the this obligation shall, anddvoid~ or f said otherwise, it shall remain in full force and effect, This Bond is made and entered intolsolel for the al in the protection of all claimants supplying such claimants shallohaveCavdirectorightsofdactionaundernthel1 such c bond as provided in Article 5160 Revised Civil Statutes and Article s472d, Revised Civil Statutes, as reoodifideed In the Chapter $3, Subchapter I of the Texas Property Co, as case may be. 1 PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas The 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 to be performed thereunder or the specifications socompanying the same shall in any wise 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, or to the specifications, PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, r IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 0LII .day ATT $T; / / L'til1,LGNS coNS'1,Rtu ioN, INC P i Gipal) Secretary r Y- { E (SVAL) By Address 792 EosL Mal n Address ATTEST, (SEAL) E MA88ACIRIS1,17S BAY INSUkANCf, COMPANY X3~dtdil~x~ surety --J Hy 7 Witness as to surety Attorney-in-Fact Address 440 Lincoln Steool Address orcc t or, Frncaeiic i(se 's j : I 14 PROJECT NO, CON'T'RACT NO CONTRACTOR'S MA.INTEIIA14C> BOND (DEVELOPMENT CO!4RACT) THE STATE OF TEXAS 4 KNOW AbL MEN BY THESE PRESENTS: COUNTY OF DFNTON S That PCIIU19 0nStr c. i.ou itc. o f l>rutnn County, Texas, hereinafter called ~'v cr~~i}>~E and MR 8SAC11Use 1,L1 1fa~l11 Siirnitco n,iiuai1y i a corporation organized under the laws v the State of Mtig-iacJIU?39,, and authorized to do business in thC, "ate of TIO.Xae, herein}after called "surety*, are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter c;dlled "City"in the penal sum of One thousand and Seventy Dolinva Dollars , a honey of the On tec states, ERG P sum e!.ng ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated the 170h day of ~fuly , A, Dr,19 85 r in the proper porformance of which th-e - ty SE Denton, Texas, has an Lntereat, a copy of which is hereto attached and made a part hereof, for the construction oft [1R fi,• ~~u nil li}1,gYO . dip •~~v 1 +3 •pj~;10~~ vnrdr non tn DEVELOPLR'"u/OWNER'S MAINTENANCI BOND-PACE ONE I ~i shall well, truly, and NOW, 'f11EREFUREt if the Principal air the work contracted Lo faith!?ully maintain and keep in good rep ar f. l:he date o~ be done and performed for a period of one uenti11on year and do al.loutcofyaor acceptance p writing` by dIefective conditions growing 0 but not r work and repair of roper work of the same, or other defecti not arising from the improp king, cracking limited tot any settling, l,rea art thereof seising from improper condition of any of the work or p otheC cause or excavation, back£illing, compact,t o C any the period of this condition, known or unknown, at any time during which the city engineer, whose judgment shall be final and bonds to be the result of defective work conclusive, determines then this obligation shall be void, otherwise materials Or labor] t to remain in full totce and effect, rePale Or in case the Bald inciponditlion of ~i the work tPas + determine e reconstruct any t do said work and supply said r herein, it is agreed that the City may the sum against materials as necessary and charge principal and surety on this obligation. It is further agreed thdt5urety Indirhatosuccessivee recoveries one against the principal an onditions herein may be had hereon foCfullCeamount b of O thisoEbond th ha obligation een ' provided until the exhausted, and it is Eurtl,er understood t a diminished, or in any t malntain said work eh all not tbeu chant' d gh dim said mait+enaan periodt and the same clause during said time, manner affected fCOm any i legal action be filed on this ~ PROVIDED, further, that it any bond 'v610e shall Ile in Denton County# IN Wrp SS WHEREOFi thita instrument is executed in triplicate, be deemec an nri;tinal, his the 17th day j each else of winch shall of ~Juiy~ A,D,t 19V85 _ SUfEmY PRINCIPAL IASSA(~ 1_ t_ USKT'1'9 BAY 1NSU'ANCt: COMPANY I~ V1, I~I~it^b P17UC'1'111 Uy BYi ATTORNEY-1 -FACT ATTE8'i DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE TWO j f; NOTE POWER OF ATTORNEY OF SILTY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT Approved; Date; i a i 05380 WWI. I"1 641.0941 NS r. its ,9 i calla Massachusetts Bay InsuranaeCOCt' PAnytvoncrsls,u,Mnssoiuob (I t POWER Or ATTORNEY CCRTIVINf) CONY KNOW ALL MEN Iry'rwisii PkESCN t'S: 'lit It AIP'SACHOSIiT°fS 13AYJNSURANCE COMPANY, u corporation organized and exiMing under the laws of'[ lie CommonwoalIll of hlastwhusetIs, does lie Folly Conti till to and appoint llranda Langley JJ 1 Of Ilia l lap, Texas Its hue and lawful Mlorneyl,0 iii-faci to siga,execule, seal, ocknowledgr and delis cr for, and un Its behalf, and as its act itnd decd, of ally place wilhiu the Unilcd Status, at, if tine following line be filled in, tioly within the itch thorein designAcd 1 ally and all blonds, recognirances, ultdrllakmgs, contracts of indenrnlty or other writings ubllgatory in tine naluse thereof, as follutss, Any such obligations in the United States in any amount, - - - And said Company hereby ratifies and confirms ill and whatsoever said Atiutncy(s)-in•fact may lawfully ail Gs the promises by virtue of those presents, This appolnunont Is made under and by anlhorlly of the following Resolution pasted by the BOW Of i)ITectois of sold Conlpnoy at a mealirig held at lire principal office of said Company, n quoruut being presnnl and voiing, on Ihe'I'Itlrty first day of N10101 1964, which tesolutlun is sill[ Iii effect. "Resolved, that iht Prosldcnt oT bay vice IhesiJew, In conJuncrloil Willi Ally Sectelury nr Assistant Secreimy, bo and dray nro hereby authorized end einl3m ercd to appoint Atiurneyvin•roct or Iho Cbnilmy, in its game and as lit acts, to omito bull eckna aledR' for and on its lichblr as Sutely any nod all bonds, tccoytnlrances, contacts of Indmnulty, isakis oreit,lilon and all other wrlthtgs obltgalarp in tile nature Ihercof, %0111 power to nilach Ihcteln the seal of ilia Company. Any such urlllngs so executed by saeh Altoraeysdn•(ael shall be us binillug upon tllo('munany as if ilsey had beeaduly executed and icknowl6l;cd by the regularly elected Offlaars of the Cowliany ill their own proper persons," IN WITNESS WII1:11Rr T, MASSACIIUSIM'S BAY INSURANCE COMPANY has caused thoso presents to be j sealed with its corporate seal, duly ailesled by Its Vico Nlesldeol and Its Seclclery, tills 219t: day of October 1980 h1ASSAC'HU a J RAN CI UOh(pANY , 0 h e Presidia l 1,11„1, 1 {~,yl}fll~ 1„1,,,1 (Seal) `5ecralary I f THE COMMOMALT11 OV MASSACHU51M'S ss, COUNTY Ofr WORCESTER \._J On tills 21st clay of October 1980 heroic lee came the above oaniod Vice prosldonl nod Secrelaty of Mlissachusolts Bay [nsurariee Company, to ilia personally known to be (he Indlviduais and offhCrs describcil herein, and lsckoolyedged that the soul afl7xesl to the precedhlg Jnehtlnlenl Is Cite corporate soul of Mitssa0losolls Buy Insutnnce Company and Ilia( the sold corpoiato soul and lieu slglialures as officers wore duly affixed and stnbsuibed to acid hrslritiyµ'ul bi the audtonly and direehotl of said Corpuration 1 h.i (Soul) A'otnry YabNc My Commission b,aldres May 31 r 1985 1, the undersigned Secrelary of the Massachusetts tiny insurance Company, horo,)y cettiry that the above and roogohig Is ri full, tine all(] correct copy of the Orlglrial Power or Attoniey Issued by snit) Company, and do hereby further cerlity load lite said Power of Atlowity Is still lit forge and effect, Tills Cerllrlcnlc play be signed by raolwile under and by owhoilty of the followlog resolution of (lye [;card of 1)lectors or (Ise Massucimselts flay tnsurarne Company bit a mooting hell on the 31st day or March, 1964, Ilarolwil, owl ally and all Potters of Atiorilcy, and t'orliiled Copses of such Potecrs of At(ormy and cogiacallon In ws .cl tootolo, nutted bad etecutud by We proddent of any Vlca Prosldeni it, conJunetlon wit ally Secrolatyor Assistant Secret y, of the Company shall be bbtdutEron ilia 01111 ally to tine lame cxrom m If aV sly.nalutcs iluieon a, e re loarloally afnsedevea [hobos one or mate of a ty ouch slgnutu res theraau niay be famladlly". UiVNN uudet lily 11nnd and ilia soul of said C'onipany, of Worcester, Massachusetts, Ills 17 L Il ti day of Jtlly1 19 851 Se~'rohiry c 1 1 1 i PROJECT NOS CONTRACT NO. i THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON WHEREAS, a developer of real property located in the corporate limits or the extraterritorial jurisdiction of the City of Denton, Texas must develop such property in compliance with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities for such new development or subdivision; and WHEREAS, said developer, Martino Realty Company 0 hereinafter referred to as "Owner", elects to make such improve- ments. hereinafter set forth by contracting with another party, l 1,eeTex/Paoific Partnership , hereinafter referred to as J "Contractor"; and WHEREAS, Owner and Contractor recognize and acknowledge that the City of Denton, hereinafter referred to as "City", has an interest in insuring that the improvements subjlict to this contract, which will, upon approval and acceptance by the City, become the property of the City, are constructed and installed in aocordance with the minimum specificati-)ns and standards required by said City; .I „ I i WITNESSETH: As to the improvements, as specified in Exhibit A, attached hereto and incorporated herein by reference for all purposes, hereinafter referred to as 'improvemente", to be installed and constructed at 3917 Morse Etoad Denton Texas the owner, Contractor and City, in consideration of their mutual promises ami covenants contained herein, agree as follows. 1, contractor agrees as follows; i a. To construct and install said improvements in accordance I with the City's "Paving, Drainage, Water and sewage Specifica- E Lions", the "Denton Development Cade", and any other ordinances, re;ularions and specifications ,tipplicable thereto and to perform all necessary repairs or rsconst~uotion of said Improvements as required to meet the City's specifications, ordinances or regula- tions for final approval and acceptance of the improvements by the CSty orders of the City ~JJ IS, To cooperate with and abide by any Engineers, city inspectorw and other city employees as to the time, manner o. method of construction or installation of any of the Improvements, c, That prior to beginning any construction or installation of the Improvements, to furnish a Maintenance band, in form and substance acceptable to thb City, in the amount of 10% of the i r contract amount for Such Improvements, insuring the maintenance and repair of the Improvements, for a perioa of one year from the date of acceptance of the improvements by the City, The bond shall be in favor of the City ana shall be executed by an approvea surety authorized to do business in the State of Texas, d. Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written "Letter of Authorization to Proceed" by the City 8n9ineer, certifying that all preconstruction requirements of the City have been meta e, To hire and retain adequate supervisory personnel to insure that the construction and installation of said improvements are done in accordance with the terms of this arjreement. 2, Owner agrees as fdllowbs a. That prior to the beginning of the construction and installation of the improvements, to furnish a petfor1nance bond, inform and substance acceptable to the City, in the amount of 1001 of the contract amount for siuch Improvements,' guaranteeing the completion of the construction and installation of said Improvements. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the state of Texas, b. That prior to the beginning of the construction and installatinn of the Improvements specified herein, to furnish A. r~' payment bond, in form and substance acceptable to the "City, in the amount of 100% of the contract amount Eor such Improvements, guaranteeing the payment of all persona furnishing materials or labor for same. The bond shall be in favor of the city and shall be executed by an approved surety company authorized to do business in the State of Texas c, To do all things necessary to insure that Contractor cooperates with and abides with the orders of the City Engineer, inspectors and other city employees as to the time, manner and method of the construction and installation of the improvements. d, That no homes or buildings in the subdivision or deve- lopment where said Improvements are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all Improvements specified herein have been approved and accepted by the City, To insure the foregoing, the Owner agrees, prior to the I beginning of the construction and installation of said Improve- ments, to deposit with the City $2,000, said amount to be forfeited to the City as a penalty, and not as liquidated damages, should any of said homes or buildings be occupied prior to approval and acceptance of said Improvements by the City, Forfeiture of said sum shall not preclude the City from taking any ad,ninistrative or legal action necessary to prevent or restrain such occupancy. 3. City agrees as follows: A. To issue a OLetter of AUthorizAtion to proceed to the r;~ ji I a Contractor when all preconstruction requirements of this agreement and the City's speciflcat!.^ns, ordinances and regulations have been fulfilled, b. That upon proper completion of the Improvements 0~ accordance with the City's specifications, ordinances and regulations, to approve and accept the said improvements. e, It is further understood and agreed between the Owner and Contractor that the Owner shall retain ten percent of the total` contract amount for the con3'Lruction and 'installat),on of the improvements until said improvements have bean approved and accepted oy the City. 5. It is further understood and agreed oy and between the parties hereto that upon approval and acceptance of said l improvements by the City, said improvements shall betome the i property of the City free an clear of all liens, charges and encumbrances of any kind, 6. This Contract shall bind the parties, their heirs, I successors, assigi.,s and representatives for the full and faithful performance o9 the terms hereof, jointly and severally. Rkeouted in triplicate this, 7th day of November 14,_,85 OWNER CONTRACTOR . 04. t A `fINO REALTY COMPANY t 0, Box 31448 ; P. 0. Box 2306 P. Denton. Taxes 76201 Dallas, Taxes 75231 L Zr S J CITY OF DENTON, TEXAS BY: ~ ACTING CITY MANAGER ATTEST, RLOTTE Uj CITY SECKETART CITY OF DENTON; TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYE i Ll.. i PAGE SIX i pROJECT NO. CONTRACT EXHIBIT A UWNERs Martino Realty Compa"y L~eTex/Pacifis Partnership CONTRACTOR: 3917 l4orse Road, Denton, _Taxas IMPROVEMENTS LOCATED AT I LEGAL h1,SGRLPTION; Lot 2A BLack 1 out of the G01den rrianal~ ~ rtduatrial Park. r Phase V _ - AS DESCRIBED BELOW; Work Performed Within 16' Utility Easement c A. Bore under street at two locations: i 1. Bore for 8" water with corrugated pipe encasement lSlldeY Morse Road, 1, gore for 8" water with corrugated pipe encasement under Mayhill, Road, B, Installation of approximately 8931 If of 8" U.I. water pipe. C. Installation :,t three (3) fire hydrants, each consisting oft 11 Approximately 15 ift of 6" D.I. pipe. 2, Six-inch (6„) valve. 3, Eight-inch by six-inch (8"x6") tee, i D. Installation of 811 gate valve at 90° bend at norttr end of property E. Installation of two 2" tap and meter for water pipe feeding both buildings. F. Installation of 8110" tee, 8" valve, and 8" detector check and meter vault for 175 if of 8" UI, fire sprinkler pipe. C, installation of 85 if of 6" PVC sewer pipe. H, installation of 65 if of 6" PVC sewer pipe. 1. Installation of two 4 foot diameter manholes. I II CONTRACTOR'S PERFORMANCE DO" THE STATE OF TEXAS 5 KNOW ALL MV1 BY THESE PRESENTS { COUNTY OF DENTON S That E E E:-rF:Xi~ncFNlr. ~nr:,rH:E:as}r, of 1111At Texas; hereinafter called °Princ pal" and $11 lEV « ~t), a { corporation organized under the laws of t~tate of New York and authorized to do business in the state of Texas, hereinafter called ("Surety") are held and V.rmly bound unto THE CITY OF DENTCN, TEXASt a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and, l,urtiuolie rtitY co, , hereinafter called "Developer", in the penal cum of rirty `niounana, and no/loo 2 000.00 lawful money 0E the United States, to be paid In Denton County , Texas, for the payment of wuiah sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by i these presents. THE CONDITION OF THIS OBLIOATION is such that Whereas, the Principal entered into a certain contract with Developer dated as of the- 'ftli day of E A.D., 1995, (the "Contract") a copy of wt CE t s attar o hereto and made a part hereof, for construction of .water malu and utilji v iii)rovements L 3917 r to serve eras Creek 13tteincon Centre an Addition tot the C ty of Denton, Denton County, Texas; NOW, THEREFORE, it the Princippal shall well, truly and faithfully perform its dutius,all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shal) satisfy all claims and dsmands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each mayy suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all personno firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be void; otherwise to remain in full force and effect. nC be liab?c, under thin bond or oitilier of them, unlc~csn the said r)!r]Sireen, or e Cher of t.licnu, :,hall idttke pnym,n s to the them, nhRIJ n Principal ntrietly in :aceordnnee with the erbosbof nafcd Contr It un t3 C"uyMents, and ehal,l. porforin all, : he other obliE;1i nt the time and to the a annr r therein Isr,t forth, ~ PRIMED FURTHER that if any legal action be filed upon this bond, venue shail lie in Denton County, Texas, and the said Surety, for value received hereby stipulates and agt•ees that no change, extension of time, alteration or addition to the term, of the Contract or to the work to be performed therwiseeaffecthitspobligati nnonathimspbondo andgitadoes hereby anyy waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. TIC HITWSS WHSREOPo this instrument is executed in triplicate, each one of which shall bel9eeeemed an original, this Lt1L day of Nyv~mh_S1 ATTEST' M-TPa r`, ) ecretary PRINCIPAL J r ' c pa By! EAL) t tness as to Pr Plc pal Address _ P 0, Box AS - - I1a1 1 ar, T~x,_ I I OEM I ATTEST; (SEAL) snnonRm euxErY c1?1'0Y .W. SUR.BTX J Surety)y) secretary Bys Attorney n•-Fact, binda o Hale A` less Address _ 5750 Pinelatad Dr Suite 304 Aa11a8 I- as 7si2iff NOTcI POWER OF ATTORNEY Of SURETY MUST BE ATTACHED, DATE Of BOND K(JST NOT BE PRIOR TO DATE OF CONTRACT. 0S37r i i , I} 82C~ cortiflod Copy SEABOARD S'URET'Y C:OWANY No. nu u NOW YON, NOW York AoWR of ATTORNEY KNOW ALL MkN BY THESE PRESENTS: "I hot SrAIJOAnO SURETY COMPANY, d cutpontlior i of inn St of Nt+v YorV, hills mo, cohsMowd and oppoditud and by Ihumi prdsenis dons nlol:ar considulo and nppoinl 1ot i`)' E' , Role or Linda Ovile Or Robert StucC~C of Dallas, rl'exa ; i151ruc alul lawRll Auornay-In-F.iCI, Io 1110kV, oXCCllla alt(I dOilYbr Oh lta Oailalf IneuFAliCU pollalCnf Surely holld6,undo NUlringe and other lnIth nttonls of slritllar noture ns fall()ws' trN_1:h«uC L3taitttta> 5 Such inn raltce poilciea Oun:Vy t;i)rlirhro+ s111tI1Comprmy a, fullry aged to llib some oxlenlla,rtif t gnnxitbytthe by uy oulhOW Id bindin4l u1toh Atlontoy-MA ac.f, shah be eliicurs of the ClofnOaI y and snawd with t1B comarote soul' anti nil thn cols of sold Altonrny•6hhoct, pwsunhl to the aiilhurfly 1 Iloroby Illven are horaby ratlllad and c.oldimtnd. otu Thlo rgtpoinhnonl M made putrsunnt to At,n lhlndmclM tt,i,u,dvg whi h wom & a pto ntiryf tare el Ilan f of Direct end uffeo tsnltl force Compmiy on Uoombor Rih, AnNUE VII, SUCTION I: u( rni`innnl9anduUiur r Pdlleer bonds, roGn(OF12ntlClar ¢IlpulAlMm cwwnln 03uraly nndnrvnni iq undollnklna9 and hionnnanlA fasunq Ivamlo, Insurnoco PON, hands.~'.dUnilOrlcas FIIPUInlluns.rnrr ~xd F,rr ,+l h) ~,~mn ltm tNnl rl,r ~Uk nr~d4v,lU rhalrl or Ilia Comrhony wntingarelnllnVm 4+y0tnylllhnu nurnd,to to alto /Pl+.li=n I, rmarl.'~l1rM`hr,l°irl5~d+nl widby pro Searalmy,an Aselr l SOcrolnry, ahOaldent w Iri, of o.- (o) by lha Clnlr~ A es, I 111 inlisalnnl Or r iLl Ild r Seawlary Or n 1110111L n it Asal `iGCrolary, li, ~ " / ' i ncl for 6 ( np4ny appmi ten Will nutl+onidrl by rho OhOinn,u, of Ina aonfd, IItU vic ile v. l in " bbi t}rasidYid6 rd or lho[Company t wif d airdnaprivw in, ! t t ,wo by .a iL F 'I [n,[ Ally nyUa al Ict ut mpmaanlativu Ilntu r-4 (lfnu d01CfIn InG• IN WITNESS WHEREOF, RE:A80AR0 `;t lr3( +Y c,tl%IPANv' (:rt. . ! tr±SO presume to be 6tgnud by oro of Its vice. Attest: ~~y ~nr df Hs Aaslslanf SoCrularlasr Ihis 't,.2 ird, INeeldohf i, and {9 corpporate foal to tTQ howl [O rtl Yirt! .lli+- ,=;ly ah SI:AF3 y b SURETY COMPA V f~lA2 f3/ rl'1yf~Gtrr!' f!/! GAL LA „ VICC-0~roBldClll ~'~li nle~ (`raa A331FIAn~SdCto1~ ~ 6TAi fi OF NLIN Y F1K yy., before mu porsonzlly appeared COUNTY OF `kV~ K to 5 , On thl, IC dily i 'Y'ftorntl~ ~7 r tuQt >r.[ n Vic,c Prr ,lcnl Vt SEAnOARbSURETY COMPANY, wRh whom i nm pomonfidy nequdhnlad, tslr,r t` _ l;y mra truly aworrl, earn ih d +t luuldas in tho Slide of Neta Je+a'wcay.l HIM he K If Vlco•i'roaldaht of SI:AI C AfiD hl rr IA (`d)iVlPANY, the Corp )1allufnlu0urlbud in and which axacutod tire forequtnq Com old IfIXodlo Inti inslnlatlanl Ihnt ha knows tiro+.orpurirlu su[il l+l VMS ;m n al said Cong nrnf ilnr d that w elfinad h e namotl nflotfo ato Vlcorlr orildrinll bf Ihatiiwossoaflixwi)byordaruitxdt'dauir' f y' mptrny by liko ou limily, 0 'GAMllll G ilmf,t'N5q ~tXrJtY ~.hs.t le 1 1ci Nulary Puld1c +1uo r NOw York ' J""' ' NOtdry PUbIIC i ff No 41 ~1VIl i11 P 11 1A !Fr CIIOiNIad i O r5rns Cuunt/ C S R T} F I C A f e Cvrtilll ItotlladlnNuNY+rk(cu,lly __..._i ~~i •r 1, 1111 nd0rt QA8Dr1Its1`J9mt:3Fdittfn~+61~It Al3rD`rVih SIIFlE:'iYGUfAPANY do horoby cer illy tire' Urn vimmat'In arol Auefnty of which l ho 101040nU is 1 IF. `A lullr ;iduwatlo nn of Inr+ 0) 0411'~ Il+e Ol.dnn Trod byi+tilm Eir)rtlr d oil Glrnclers lu uPa'~llni A!n n~wrnny'ln~ralct AI F, : wit In Arolo V14 0ficuon 1, of+1110 MV-1. wn u AIUl r o/ SFAf1OAhli iunvi r C71)'.1 mmy Thle, rn01<,11oIIrn,1,rFignadand6daltldbYlACallulltlUndar-m+}byAUIPOr.iV"'rlhOlulloNU+glOaohl,lNC+ldiePeOOUIivnCatnellla0ufihUtlOafdv Nfeclvr7 t, 9i'Alitl~sllt alnk'1 f CUbIpANY A(n maolinU duly earl ,rNdl(I rluid on t4 •:9111 dny UI 61an;n Idea 00 il"mmy anil is-lo LVt I? 4(1 Th he h n rfa.}IAof an rltlaimilluhl orPr'ued by Iha1 p taiduuttOr A scy rretworlliprnaoAd tolrA6llc'Ie VII, 5ushon•1, W the gyd.Aws "Ony cO+rO1(1! j of U ."told f, e Oj of n loy nlrpninsnrr♦ ar,rt mrthorlr„ml On Allrfnwy ,ndkul to 6i~h hl Iht nnmp anfl 1311 bahail of MP t „rnualry -uraly DO= wldmwil{Ing unuarlAhldpg at gtlmf insi tmin its drtWtlYCd if FnuTArilon. IF liaoliorn 1, whir Ilk!, nllact a9 11 dllol, seal Am vu, + a w"Ur hnd pool, ionnuelly Alflnad and Pirtle IrorOby Is 110101izud or 'l 0011104130' IN W}TNSSO WHOFIROR, I hnvn herouhto set my hand and alhxod to caMoratd sr i W the Con jmty to Uwarl Ixosante this CK", 'IUl....dbyof :....~IoVI dW'1'lam4.,r Plr4 Trd{i. , CONTRACTOR'S PAYMLITT BOND • THE STATE OF TEXAS S 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 That 11LL '1l~ 13k P of P,_ U; }!ox - of t~ll~ ~fl:;i. Texas ' fists natter ca111' COMPANY Princ~ pa and 4/ e corporation n organized + under t hi laws of the State of Ilcw Yu3'k arid authorized to do business in the State of Texas,'hereinalter called "Surety are held and firmlyy bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "Cityl" , and .,...._I';na{~tttt lic.tll c;o, hereinafter called "Developer and uKi a1T-persona, firma and corpporations who may furnish materials or perform labor for the building or improvements hereinafter referred to in the penal sum of lei 1lausoItn,~t11(l,uctltbo- n u the ~ nite3' states, -to 1" pi-fa-W-6 entcn County, Texaa, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and sevetaily, firmly by these presents) THE CONDITION OF THIS OBLIGATION is such thet whereas, the Principal entered into a certain contract with Developer dated as of the day of =aL,,,A, D„ 1963, (the "Contract"), a copy of wh~s attached iereto and made a part hereof, for construction of ,1I,c~ iullu~usJ laLti ' ~szystllt._s.ikLl~s' I1, to serve t,gu~i t.,~ek _f1 !netia,nAn it to the City oDentcn, Penton County, Texas NOW THEREFORZO the condition of this obligation is such that, if the Principal shall promptlyy make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimante as that terra is used, in Article 5172d, Revised Civil Statutes of Texas, as recodified-in Chapter 33, subohapter I of the Texas) Property Code, suppplying labor and materials in the provocution of the work provided for in said Contra®t, then this obligation shall be null and void, otherwise, it shall remain in lull force and effect, This Bond is made and entered into solely for the protection of all claimants supplying labor and mate cisl in the proseoution of the work provided for in said Contract, and all such ulaimants ohall have a direct right of action tuider the I 1 i'hr :iuiety falt,i.Ll n<,. 1u 1 .ch]_e lu7rlt,' Yhi ISoud Lo t,1te pb11pr PI[ ot• ,tither' n c I ,!u•r c~^ liet3t~ il,alh tvikt p;{nx;pl,n 'L( , the o >aViR<n6e~ cif thc,i~, uttilcts t the sa'I I1bJ tt~, .I CnnCl tct ifl ~ T TI u.a•rc?an,r t „n of nay Print~lpal ,Lr'ic ~ IY Mid ca15,~,1] perform ul] ~lre oi;lu t `hl,,hai iof,s i,n tru l,cr Cc)in,ed UMIQ), e,itid Conti~'ac; L r u1. i~ho ifa(e f3n~1 to Ole inanne1:,4n t'ot th. any pROVXpED FnTHER* that oon legal action be filed upon n count, The Said this surety,~forVvaluesreceived,iherebyQstipulatesTandsagrees that no change, extenslon of time, alteration or addition to the orr the ofspethe Contract or to the c ifiC►.tlong acaoroppanyingrtheogame shall in any rwise$L 0, extensionof time0ea.terationaor ect its obligation l such i chan on &ff notadditiice on of to the terms oI the contract or to the work or to the specifications, noVID90 MTHER+ that no final settlement between the City and rinci any/beneficiaryr hereunderand the whoseaclaimlmaybbedunsatisfied, of IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of whichrahall beAdeO,med9a original, this the,_..:Iyh_dsy of - ATTFST l Ir'SNc P41) ecretary 4 ,s •1 i Address I tnfss as to r no pal - rOtt I ATTEST; (SEAL) surety 'Sure secretary .r ....W s nctc! j. •J ~ SYAtto s' r n- to hi tdess as to surety y 11. 0. 11gx V31"P9 Address 5'f5~ S tuelul,d 17i~~Or.lte 3011 1141iRBI T(?XUf3 0362' li?~7 5'96G A ress ' 1 1NOTE; POWER OF ATTORNEY OF SURETY MUST RE ATTACHED. DATE OF OOND MUST NOT BE PRIOR TO DATE OF CONTRACT, Approved; Hyl Datcf i i f LI)` I 8 2 ~i r1 Ccrtlflod Copy SEABOARD? SURETY COMPANY No. 150 7, Now York, New York POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOAt1U SURE cor sti uP AN',, a Corp oration of lho Still, oI New York, has Inado, conslltufodorid nppoinlod and by those prasents does make. Linda Onale or Rol)ert Stooa}: Of DcO.1 ac , Ti-Ixa: J lrunaniilawfulAttorney-in+Facl,tornt+ke,oxeclilennddellveronltehchall{nuurancopol' lcs,sureiytionde,undoiakinpsend Its r otter instruments of similar notureasfollows! witliottt Limitation-wil Such ioy-in-rlca psholll be binding uponuihooSaid lCcnnpoly a1G fullytand to ihaid o sore extent ast g if sined bytlhablulfile y Ruthori eid Alficors urounnl to file authority olficors of tf the o Company and Ennlad With Ito curliornlo soap, and all the nets of saki Attomoq-Irt•f'aot, p hereby given, are hereby ratified and confirmed, Tills alliplanyloi tnoori UITIfLdO or 8th 111r92Y, wihto o t Amonidrnonits to raid including Jworo a11 ary 16, 1982 findlrio still In (till 011or o acid affe©t:a d .Laws oduplord by AlljoI.0 Ve, SKTION L "PCllotna, bonds, recoonitoncei sltPulallons, consents of surely, undo writing undertakings and InsUurnenle re1e11ag Iherala C lnallfnnde pOtC Ca, tlallde lUCUgnite fitljoiiatlolm ltlf lost surely 1110 ben5lgrwdilf,gllwtnAnl Akan ~lblho SCCIr0lilyePA69 BatftnlaetrelAfy aan+C AtldaM1rl wrihnya rdlolinU Ili any woy Rtdreloat of lo l0 Y tho ChNmon or file Holoo, the (a) by Ills Chairman of q10 Hddfd fho Plasidonl avido•PrOSldonl or.A nCa{denl VicU•PreAldAnta Y coptuly samlary or a posidonl Ass{stonl 9ocrotary or (b) by an Aflor nof'.111 Atl for the C°m fpeny npLiVQs an fho and Hoard 0111d l may y b»yent than to floral dolofmine Plnsttlonl or a VICe•nrosldnnl to mgko ouch algllnPlre' or (e) by UC11 UthCr OIfICe7e of rap More 40 ar (c) b I auch by any such ollmar. AltorneydmPa01 OF IoPraseldatlvo." Tho seat of fho Cornpany eaeMe+«es obeli it appoP IN WITNESS WHEREOF, Smi!iOARD SURETY COMPANY her, caused these presents to be signed by one of Its VICO' preeldonls, and Its corpporate seal to be hereunto affixod and duly alteyted by one of Its Assistant SooetfnioG this .2T1G1,,,. day of Ms4CSr'll 19,.,0ri vr,~ - byAl3 ) SURR1 Y OOMPA r t a al: 921 S Gl Ice•1raWooi ^•,~er~la~~« (5odl~ Aseleie Secro V STATE OF NEW Y RK~ss COUNTY OFZf InV~ K Mt1Yt~ h' i9.,a before me poraonally appeared I a Vlca•President of ZABOARD SUHI=TY COMPANY, t1 da,y Olt thio ~~ork,g In the State of .-HPAW... rhohta s that he Is a Vlco personal[ of SEAgiCiAfin SUHSTY COby me doly sworn., said MPANY, lhecorFtorallon doscrlbedsln and whloh oxen ed It1a foregoing I Vint III neifood{of the lBoardofl01of the sold r olomofcoldCompaniy andthAthosignedhelllamat eontlif retoanVtro-P orsldan of k lhntllwaseoaflixedbYor er in ally by like 01.11110rlty, SAMUEL d BIMMONB o Notary Pubilo, Slnte a, New Vork /~1~✓ Notary. K No 41•gnNN112 * pnstin ; ~Inllitnd In aunenu county C is R T I p 1 0 A T E « CaNlilaole Pllad In Now York county ~u✓/ ~f~tr ; (y} untleratI1~~~~SUnF.TYCOMPANydahpreUYacltllyGtaUheorlUlrelPeworolAllprnaYnlWlllof lhei0ra9alM1pls and eect on the by the HOB d nI1 Dlleetore to AiPP101111 Oil eotll rnoy jofralol as prto tided in Alrlele tVII, 8aullo + l o11e1waHY-LUM 01 AttClrnel Wa laid ae onar0f the 01flt1erauntu force IlpADbo{DHt1le YloO y COMPANY. Tht doll ID 5Td Y COMPANY At o rttotun edory aid le Ida by bald on Iho 211Ii day of torch 1070.01 Ute ur<e of no A Omtird S at the Heald of t,reNnrs of 911AI of BBA8OAI tromts oil oily ryH rporate aE90LV0[)'. coneci i the of 4co y PY orpriOola U stilmentgxao faid by the Plaaldeoll ooll of lheanrr oraVice-presidet rojrsu ond7 urflula r11h 0 undorle of lh99 al At o h r rl at polrinlinllq g and vib dri:lntino q an to VI•lndao n wi In ilia name nntl on behalf at Iho C P y suroty Inelrunlenka de69rllsetl In sold AIIItIa VII, liaCll On t; with Ilke affect all 11 SUCK IAAI and 6UUh /lipnnluru had bran a+nnuelly Illlxed and. made hereby Is Apihoated and Appruyod IN WITNESS WHKREOFlI hove haeotint set my hand and all~lnordtho corporoto dual of I~~ Comppliy to those presents thin ll~ Q5 Y° . e °e `1127 t Aeelsieni el5iy t arm 9e1 [nov 1rA7} ..iii t V;-Sill ilh r'i u0+ IF'. ,h„I".11 1 Ail,ur,I V In+I. I'IC.+ oW1W 1,01- td ;url II rl Ir ' i ,.11, I 9•,nl r All,, l !illlqt n,lI II,I Inl ,II i'. III 1 + u V I An r r l,unl+.r. r. tll H Il 1. '11. Ili tll V1 Ifl,l. •I 11- I" r'i tl i i i PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE pRF.SENTSi COUNTY OF DENTON S t I~!.. illliik 115lJr P ~ji3TPl I!~lislli l' That 'f t231. P. 0, nox 3.11188 ~-~17tt.l,lut3, Toms it ! of _ btil[t© Countyr Texas, hsre.(nafter called Principal and S11ABOA11D SURI1'Y COMPANY , a Corporation organized under the laws of the State Of Nnw York and authorized to do business in the State of Texas► hereinafter caller 'Surety', are held and firmly bounu unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texasr hereinafter called 'City"in the penal sum of vivo 1'houasuid and nQ/100----------------- W....__,.,.-,.....___......_._.......,......_.._...-W 00000 .o..~ } Do Ores lawful money o e United rtes, t o ea sum a ng ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum. well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and seVOCAlly, THE Condition of this obligation is such theft WHERZASI the Principal entered into A certain contract with Owner c ea o~x,, dated the day of 1 At Do # 14 r in the proper performance of which the City Of D neon, T4XASo FRS an interest, a copy of which is hereto attached and made a part hereof, for the construction ofj Wntrr tnt~it~ tsttd utility im)>royot~ tcicrvc I'caatt Crebk 13utaineas pattre ..a[, A01 :r Mr.,.,I.. tilt f 1. NOW, THEREFORE, if the principal shall :Jell, 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 to 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 thoeeof arising from improper excavation, baokfilling, compacting or any other cause or condition, known or unknown, at any time during tho 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 laborl then this obligation shall be void, otherwise to remain in full force and effect. In case tho said 'Principal shall fail to maintain, repair or reconstruct any defective cond;tion of tha 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 underskood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, , PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County, j IN WITNESS WHER>OF, this instrument is executed in triplicate, J each one of which shall be deemed an original, this the 7.h day ` of fJnyainliAS , A + D : , 19 {it) 4 PRINCIPAL SURETY LF;T:~'i'IX/NACTIIC PAIt'1'P11I1311I)' JM'A130AI 6UIiI"i'Y CO14)Ahy Hyl - Y gYt -FACT MMVEY- IN Linda olffale Tr lrST i r I P 827 0 Ceriliod Copy SEABOARD SUREV COMPANY' No. 1502 Now York, Now York POWER OF ATTORNEY KNOW ALL MEN By THESE PlIMNTS: That SEABOARD SURETY CnMf'ANY a corporation of the Stale of New York, has I inado, constituted and ei,puintnd and by these pica is trues moka, eonstrlulo rind appoint 7eY Ny I' , ttoso or F Li.rula Onale ov Roberl: SCoec:}: of Dallas , Toxr, , Ito, true and lawful Attorney-In•Fact, to make, oxoculo end dollyor on Its bohall Insurance pollolos, suroty honJs, undortakIngs and other Inslrumohts of similar nature as follows; I-Ii thous 1, imi.t Iti.oiv; Such Insurance policies, surely bonds, unflortakingri and Inslrunloits for said purpbsos, when duly oxeculeu by the rifotognid Altorney•In-f sot shall be bindiny upon the sold Company as fully rind to the some extent as If slgnod by tho duly oulhoilzed olflcors of lhu Company and sealed with Its corporate soul; and all the acts of said Attornoy-in-Fact, pursuant to tho authority lloieby given, are hereby Ndllled and coolirrnod. 'rids appointniont Is mado puruuanl to the following 13y-Lnws which wore duly, ndopled by the Board of Directors of the said Compony on gocombor 811 1027, with Aniondmonts to and Inuludin43 dnnuary 16, 1982 and are still In hull force and aflocti AnTIOiX VII, SECTION u 'Pallclas, bands, IeoUgnlsancss, stlpulavons,donsenis of surely, underwriting unden9kings and Insiturneals r0ldlnq 0101e1u. InsutrIpolicies, bonds, (eoogmisanC09,sl~purallOlis,conevnlvolsdrelyanJuntlviwrlllnpwidntlAHbigs01MoCompany,and felveses.ogrcunlontaandother welhigb ralatiny n any way Iholulo of to any alalm or loss 1h0roundar, sltollbe signed In the name and On Uuhall of the Company Alisli cna Aesdil bf A A tire Pe hlerutllrss111tArit Crelilia a~yp onto) bty 80 Allo+noylo IraOra n kir the Company Appollnland by e d andr auilioriztady f l byth a Chalra on oft the Boa d. hie Secretary a I'laeldvnt of a VICO-Ptu6Ul^T,I (0 luaka such slgnalure; or lCi Uy such Char Olllcals Or 1e000santpbYe9 as Uio Board In9y Isom 111110 10 llum dOtOnnlne. 'rho seal at Ilia Company shall 11 Allpropflala Uo aiflx4d Ihuralo by any 9uoh ulffeor, AllorneyIn•Pacl of tOP+osenlalive' 01 Its Vlce 114 WITNPOS WHEREOF, SrApOAltb SURETY COMPANY has caused these presents to be elgnod by one i'uasidonts and 1 s corporate soa to be horounlo ailixod and duly Altoslod by one of Its Asslelont Secretaries, this ,...2.?„C1G1... doy of .,s 10..0.5 It * `00, Alesl A6(~i~Jf/~CJ 5UFIETY C~O/Inv 192! SY (tiaA{~ Vfce•prnsldanl +•~ar x~+`o A35islenl Satre ySTATE OF NEW YW fiK COUNTY OF2 2~1d K ss M0101 19-86 . before me personally appppeared On this -Jae k?dpyrQurkd••„ a Vice Prusldeftt of SEAgOARb SURETY COMPANY, with he whom) o psld only of acainted, who, being by me A13CAIlDsolivV COMPANY, thBwom. sold e rouldoo In the State of In and whloh executed the fo ogoing i9 c 4thahrekh8E r n1 nlissuchoorpornloagett that Illslrumohitatholtno ws fillhocorporate dent oUheonldColnpany,that lhoanal AfllxadlosAdlns u 0 thril itwek ao affixed byordaruf Ihotloard of Upociorsol said Compartyl rind that hosignod hisnamo theralon Vloa-Prosldant of Inpany by like authority, ,~t Syys~ 9AM1.1111 C, r31MMON9 rte' ~t.Fi~{?Lx a~ Notary Vubllo, 8lnle s Now York No. dl,tltltU417 e r""' Nolaly Rubio r~ ~iT'd~• f plena rhiallflod fit Uuoons County C E R 7 I F 1 C A 7 E Certllloate Rim In Now VNk faun 11 J~~cOr undoral~r(~SINIt ~f1RF3&~1~IsNMA' N0'1gt1NoTYCOMPANYdollaebyartillythatIhedrtelnnlPowafofAltowayofwhlchthefordpolnyla s 411, IA esadcorroot copy, I9I nlulll i+oa and afloat on lhedalaof 11119Carlillosla oldI do lurfhufCattily list l hsVlco•Proaldo ll whoexeeuted ilia said Poworof AOlotnay was ono of file 01110,019 ouluarlrod by lice Hoard of 01toelors to appoint an atlurnay n.laot es provided In Article VII, Sadlioo I, of he Sy-town of 6EAat7AND AUIII:TY COMPANY 1 hli cotliloalo 11Ny Uo uguud and seolad by la011111le undof and by nulhonty Of the 1bllawing 105e101lon of We dxeuullv0 Cominltau of file llodrd of IFaoolore of fioABOAnh B09TY COMPANY al n meoting duly Called and hula err tho 251h day dl March 1010, ry 800 nC9ULVaO 131 T ha d{a11 u aof re ul Isolilivolic 01 exaaIlia ul0 oby Iho Pod1dontIlia or a ViCO ~ balder if pW the sue fil lln oAre of oil l ticlo VII, Budllorl 1, 01 the t3ytawii the Appolthig arid Author 0a rass y epptlloling d aulhdrlaut¢ an saorney•aafaCt la 9ryn In the bolas and url bellnll of llio Cahpnnysuruly bonds, underwriting underlakings ar other hlstiunlarlte descilbad In sold Article Vl1 suclion I, with I;ko. afleol as II suctl soil and such slgnaluro had boon 'manually alllxed and wedo, hereby it aulhadred find approved' IN WITNESS WHEREOF l have heromtlo got my hnnd and affixed the corporate 9001 of the Company le those prosonto this day of Sus R ro'e yt;u'(~ r ..,,,r~4 d Il131 ~ Aalstuiil' rataiy v a Fella esl Uteri 1104) - 1 'U. 1,11 , IAI n, ,r,l nl „i rt,l n••' it^1111,.,:,, iCi,") n,•. ri.,lN'i I, f, dr„)n., ill I,.r I iD •il 1, r u. , 'i rr hr r'I a-..) of gtl_H r ,''Nu I"I•.nn I I!nl, r,I.If•', 1 .1 rV, I' tee:& P A I Z T N€ tSIII P 101M y,ll PO Box 3M88, Dollos, tX 76231. (2141642.5959 S1)HC0NTAACT THIS ACIRHUMtiNT made this Ilia ►4 __r_ day of -9!L-L91>U , 19 -$5_.__- , by and between Lce 'lbxlt'ucifnc pardicrship, a Corporation Incorporated in the Suite ot''Ibxxs, hereinafter known m the Coturtwtor, and TKI-DAL CONSTRUCTION COMPAV 11.0. Box 462286 Garland, Texan 75046 - A (brpotturon in the State of A Partnership _ A Proprietorship Ire Subcontractor, WITNLSSETH Brian Noldgate (214) 530-0951 WIIFRI AS, lite Contractor has a Contract with 14ARTINO Ri';ALTY COMPANY 11,0, Box 2306 Denton, Taxaa 76201 Ilia Owner, for furnishing material and labor for Ilia construction of a IIirojeet located and known as PECAN O1(14.m Morrie 6 Mahill Kond Denton, Texaa NOW, 'I'llliRI:FORE., the parties hereto have ngrced and hereby du agree; 1. General Scope. ']'he Subcontractor shall furnish for the contract price and prices set forth hereafter , all pleat, labor, and materials and perform all work as hereinafter described, in accordance with Ilia Contract between the Contractor and Owner, Including the general conditions, plans, specifications, addenda, together with any other documents forming the agreement between the Contractor and the Owner, herein called the Contract Documents, Such Contract Documents are ovitilable for the Subcontractor to Inspect In the Contractor's office, and are incorporated herein by reference and made pan of this subcontract, 'rho Subcomracior, as in this subcontract work, is bound to the Contractor by the terms and reyuueincttts of the above referred to Contract Documents, and assumes toward the Owner, and the Subcontrucinr shall have all the benefits of the obligations and responsibilities that the Owner, by those documents, assumes toward the Contractor, With reference to this subcontracl and set far as appticahle, the term "Contractor" In Iho Contract Documents includes the term "Subconltaolor". The Subcontractor agrees to perform this subcontract to the satisfaction of the Contractor and the Owner, or itsawhorixed representative, Inconneotlon w1th Its work, the i Subcontractor shall furnish all Ioois, equipment, scaffolding, supplies, Incidentals, etc„ and shall do all , I cutting, blocking, patching, and cleaning that Is required, All incidental labor, materials, and services as may be required to make this subcontract work complete and acceptable in every respect are included In this subcontract. 2. Bond, The Subcontractor shall pay for and furnish to the Contractor an acceptable 100% perfor- mance and payment bond from a surety company acceptable to the Contractor And with a Treasury limit of not less than the amount of the subcontract price or the sputo of S500,000, whichever Is greater, 3. Insurance and Tares (a)The Subcontractor shat carry AulMo t MI crner~'a compensation, publla liability, and propertyy damage, and all other Insurance as may be rerlulrcd to protect adequately Its work, workmen, and the publlo at all times, and protect, fully Indemnify, and save the C'oniractor harmless from liability, olalms, suits, or action of any kind arising from the act of omission of the Subcontractor, or its agents, Subcontractors, or anyone performing any part of thissubconlract work, Including allcosissi0oched to same, The Subcontractor at Its own costs, shall defend any and all suits or actions that may be brought against the Contractor by reason of the actb or omissions of the Subcontract and Subcontractor shall Indemnify and save harmless the Contractor against loss or expense, including attorney fees, by reason of any liability Imposed by law upon the Contractor for damages (a) because of bodily injuries, including death at air time resulting therefrom, accidentally sustained by an employee or agent of the Subcontractor or its lower-tier suboontrac- lot, or (b) an account of damage to orlon of property of the Subcontractor or its lower•lier subcontractors, arising out of, or In consequence of, the performance of the subcontract work whether such injuries to petsohs or damage to property are due or claimed to be due to any negligence of the Sub^ontractor, the Contractor or their employees oragonis or any other person, The Subcontractor shall furnish certificates or copies of all insurance policies In duplicate to the Contractor's office, The types and amounts of Insurance shall not be less Ihan the specification or Contract royulrements, but in no case shall the property damage, public Ilabilityand owned, ltnn,owned, and hired vehicle Insurance be less than S 100,0001 $300.000 limits, Subcontractor shall submit workmen's compensation, public liability, property damage, and owned, non-owned and hired vehicle accident reports to Its Insurance carrier Immediately after any accident and shall furnish Immediately to the Contractor two copies of such reports, Any Builder's Risk policies obtained by the Subcontractor shall be written in the name of the Subcontractor and the Contractor and its subcontracttrt as their lnlerom may appear, or shall contain an endorsement waiving the theurar's right of suhrogallon against the Contractor and Its subcontractors, fags Number One Roy. 1,83 rude 025501A lbrm 1007 (b) The Subcontractor shall properly report and pay all social security; stale unemployment; welfare benefits, vacation pay; sales and use tax, licenses and fees, and all other Federal. State and I,ocal taxes of every naturer.ppheable to its work. The Subcontractor shallubtainand paytorall permilsand licenses, payanyand all legal fees, and comply with all applicable laws, MODINiEp AY PAItAGIIAPII 33; 36 & 45 4, Subcontractor's Investigation and Representations, (Whe Subcontractor shall carefully examine the plans and speeificAtions affecting its work and shall promptly notify in writing the Contractor of any deficiencies; discrepancies; ambiguities or errors before proceeding with the affected work, (b) The Subcontractor represents that it is fully qualified and experienced to perform the work required by e this subcontract and acknowledges that prior to cxecnl on of this subcontract it has by its own independent investigation; (1) ascertained the general and local conditions involved in performing its work, Including but not restricted to, those bearing upon location of the work, accessibility and character of the site, quality and quantity of surface and subsurface water, inaterials orohslacicsio be encoonlered, i he character and extent df existing work within or adjacent thereto, other work being performed thereto, transportation, disposal, handling and storage of materials, availability of utilities and access roads, the character of equipment and facilities needed for the prosecution of the work, uncertainties of wealher or physical conditions at the site, and all other matters winch can in any way affect the work or the cost thereof under [his subcontract, (2) examined the Contract I)ooumenls between the Contractor and the Owner and is thoroughly familiar with all the provisions and requirements therein concerning its subconlroul work, (3) acquainted itself as to the plant, labor and material required for its work and warrants that such plant; labor, and materials are available to it, (4) carefuNy~delermined the quantity of its work, the cost of performing such work and carefully applied its own prices to the quantities, wind (S) verified all Information furnished by the Contractor or others and is satisfied with correctness and accuracy of that Information. Any failure by the Subcontractor to acquaint itself with all the Information concerning the items listed above and any other items or conditions that would affect the performance or cost will not relieve it from responsibility for estimsling properly the difficulty or cost of successfully performing the work, ' S Persnils, Subcontractor shall procure and pay for all permits (except Contractor's main Nuildin Permit) licenses, lap foci; and ositements necessary for the prosecution of its work, Subcontractor shall give all notices and comply with all laws, ordinances, rules, regulations bearing on the conduct of work as drawn and specified, If the Subcontractor performs any work contrary to such laws, ordinances; rules; and regulations i I without such nollex to the Coitractor, he shall bear all costs arising therefrom, , 6, lime of Performance, Time of performance Is of emonce of this subcontract and the Subcontractor shall procure maierlab and supplies In advance and provide sufficient men, equipment and supervision to perform all of the requirements hereof with all responsible dispatch and shall execute all work In such a J matener as not to delayany other subcontractor or the Contractor, The Subcontractor shall follow the general progress of this project, be prepared to gommence work when notified, keep up with the progress of the whole; work and shall be responsible for all damages caused by its delay. Including liquidated damages, assessed under the terms of Contract documents which are attributable to work under this subcontract, MODIFIED BY PARAORAPH 32 y, Changes, The Contractor rosy at any time without notice to the sureties make changes in the work coverer( by this subcontract ellhert (a) by written agreement with the Subcontractor prior to commencement specifying the extra work or changes to be made and Increase or decrease In price, if any, (b) by written direction to the Subcontractor to proceed with changes In the work, spVcifyt.ng the extra work or changes to be made and specifically etatin that an equllabia adjustment In Contract price will be made. The Subcontractor shall proceed wlt9 the extra work or changes ordered so as not to delay the work and shall file with the Contractor within twenty-one days from the date of such older Its written Itomired estimate for the cost of performing the extra work or changes to be made. If mutual agreement on the cost is reached, Contractor will issue a written change order to the subcontract, If mutual agreement aortoi be reached, and Newts work orchanges is required by the owner, the provisions of Paragraph ti (b) below, will overni If the extra work orchanges Is required by the Contractor, Suboonlractor does not waive Its right by proceeding under protest provided Il so notifles the Contractor's offlee In writing within tan days from submittal of the Itemised estimate referred to above. Any claim for such work or changes for which the Owner Is not responsibie, shall be considered void If the Subcontractor fills to comply with all the requirements of trig paragraph, Page Nwnber Two Subcontract with! TRI-DA1, CONSTRUCTION CO. kvv, 1,03 Prnjeclt PBCAN CRREK RC91NkSS CRNTAIR K" IWI -r Nothing provided in this paragraph shall excuse the Subcontractor from proceeding with the prosecution of the work as changed, Ali such changes and orders shall be made in writing by on executive officer of the Contractor. Where the Owner/Contractor asks for a proposal for a Change Order, the Subcontractor will submit its estimate within seven (7) days of written request for same. S, Disputes, (a) If any controversy or dispute shall arise between the Contractorand the Subcontractor as to interpretation of the requirements of this subcontract, which the parties hereto do not promptly adjust and resolve, then upon wrttien orders from an executive officer of the Contractor, the Subcontractor shall procced seas not to delay the work unit shall file with the Contractor within twenty-one days from the dntc of f such order Its written itemized esthnale of t}hc cost of performing the disputed work; otherwise anyclaim of the Subcontractor Cot such disputed work shall be void Under no circumstances shall the Subcontractor perform any extra work without prior written directir n If the pnmcs hereto afe unable to resolve the controversy, each shall retain its full legal rights, (b) If the Subcontractor makeso claim ill connection with clip ngcsordered by the Owner oranydispute arising out of the Owner's or ils authorized represemoilve's inierpreiat on of the Coniract Documents or any dispute arising cut of loaccuriucles, deficiencies, discrepancies, or nmbiguities in the picas rind specifications, the Sub:ontrucior shall proceed in accordance with the Administrative remedies provided for in the Contract Documents and shall exhaust Its administrative remedies thereunder prior to commencing ony legal action in connection therewith. Subcontractor shall be bound byall procedural provisions, administrative dciormina- tions and filial judgements which arc binding on the Contractor as to such claims. "['lie Subcontractor shall bear the expenses and the burden of prosecuting and proving any such clnim against the Ownerond shall give the Contractor adequate and timely notification in wilting of any action It desires the Contractor take on Its behalf against the Owner, 9. Damage Nollf7cstion, Notice of any damage or additional cost which Subcontractor alleges the Contractor, other subcontractors or the Contractor's suppliers have caused or are causing it by their AN or omission shall be filed In writing with the Contractor within seven days from commencement or such alleged damage or additional cost, Subcontractor shall advise the Contractor's office in writing at two week intervals of the amount of any continuing damage or additional cost and shall file a full accounting within seven days after the damage or Increased cost ceases. No claims for such damage shall be valid unless the £tubeonlraclur complies with all the requirements of this paragraph, The Contractor shall not be liable or responsible for any damages or additional costs caused by other subcontractors or the Contractor's suppliers, 10, Delays, Should the Subcontractor's performance of this subcontract be delayed by any acts of the Contractor, other subcontractors, or the Contractor's suppliers, or delayed by any acts orcausets which would entitle the Contractor to art extension of time under the Contract Docuntenis, the Subcontractor shall receive an equitable extension of time for the performance of thissubcontract, bufshall not be entitled to any Increase a in the iubcontraw price or to damages or additional compensation ass consequence of such delays, unless the owner Is liable and pays for such delays. The Contractor will pay the'Subcomraclor the amount allowed and paid by the Owner for the Subcontractor's delay Within five days after the commencement of any delay caused by the Contractor, other subcontractors, or the Contractor's auppllers, the Subcontractor shall notify the Contractor In writing slating full details of the cause of allegeu delay, The Subcontractor shall notify the Contractor In writing of any delays for which the Owner is responsible, in sufficient time so that itsoiaim may J be tannely processed against the Owner administratively, i 1, Paltrnts. The Subcontractor shall indemnify and save harmless the Contractor and Owner from any and all manner of claims or suits for Infringements of patents or violations of patent rights, Including All costs connected to $ame. 12, CompUenee With Laws, Subcontractor agrees to comply, at his own expense, with nit laws gnu regulations applicable to the work covered by the prime Contract, Including but not limited to tw Oocupe- ilooal Safety and Health Act of 1970 (Public Law 91.3%); Conitruction Safety Act (Public Law 91440)l and the Civil Rights Act of 1970 so attended, including rules and regulations promulgated thereunder and including ExeoutlveOrder I I234andanysuccessor Executive Order modifying or superseding (hill Older; and Subcontractor agrees to save and hold harmless the Contractor from any and all liability and damages, fines, costs, and attorney feet Incurred by Contractor on account of subcontractor's failure to comply with all laws and governmrntal regulations applicable to the work„ Subcontractor agrees not to remove guards or safety appliances, except on authority of Contractor's Superintendent, and to replace such guards and appliances promptly. Failure to (nuke such replacement will authorite Contrautor to do such work and charge the costs thereof to Subcontractor, Page Number Threa Subeonuact with: TRI-UAL CONSTRUCTION CO, kov, t-85 Projevii PECAN CREEK BUSINESS CENTRE t+ornt 1001 13. Cltan•Up and Damage To Work of Others, (a) 'Tire Subcontractor shall at all times, keep the building broom clean as toilssubcontractwork; keeplhe prenaisesfrce from rubbish, deter sand wastcandlor surplus materials resulting from its operations, remove all his idcntifwble debris from the iobsitc, and -shall turn over the premises in such condition as to permit the next succeeding work to be commenced withoul further cleaning, At the completion ol'tire project, the Subcontractor's work is to be: clean and in condition acceptable to the Owner. If the Subcontractor falls to comply with the provisions of this paragraph, the Contractor shall have the right itself or through others to perform such cleaoingand iochurge Ilse cast the:reoi t to the Subcontractor provided the Subcontractor is given a forty-eight (4H) hour wriliren wmice of such delinquency, t (h) The Subcontractor shall not damage the work of others by its operation and shall indemnify and hold harmless the Contractor against any and ail claims for damages caused bythc 5ubcontracim to the work i of the Contractor, any other subconlractor or to any separate contractor. j ~ 14. Termination For pefeult, Should the Subcontractor ai city time refuse or neglect to supply skilled t workmen or sufficient quantities of materials of proper quality, or fail to pray tespecftt) prosecute llte work ; covered by this subcontract with promptness and diligence, or refuse to follow plansand specifications, or foil to pay for labor anti maicriuls for which he has received payments from the Contractor, or becunlc insolvent, or should any of the Subcontractor's workmen pcaiormtng work covered by this subcontract engage in a strike or other work stoppage, or cease to work due to picketing or other such activity, or fail ht any respect to prosecute the ;ovenant of its part to be performed, the Coulruetor may, oftei 48 hours written notice to Ilac Subcontractor or its surely or anyone representing the Subcontractor in the pcrfornence of the work, provide such labor and materials required fertile Subcontract work, and charge the cost therof to the Subcontractor, 'The Contractor shall also have the right after a work stoppage, no less than three (3) doy.a, lermtnaw the Subcontractor's tight to proceed with the Subcontract work, and shall have the sight to enter upon the premises and lake possession for the purpose of completing the work hercundci, of all materials, tools, equipment on the jobstle, and to finish the work by any method tt deetmscxpcdictt, And Subcontructor and its surely shall be liable to the Contractor for any excess costs to the Contractor thereby, In lite case of such termination, Subcontractor shall not be entitled to receive any further payments under this subcontractor io u completion and acceptance of the Subcontract work, but shall nevertheless remain liable for way damages which Contractor lncurts, ftowever, If thelaxpenses incurred by lite Contractor in completing the work exceed the unpaid balance, Subcontractor shall pay the difference to the Contractor, along with uttorney fees and other damages Incurred by the Contractor, as a result ol'sold work stoppage; or Subconlroclar'sdcfa It, Such termination shall not be made the basis orally legal action or secure additional compensation or damuges, but nothing herein shall affect the right of the Contractor to recover damages from a Subcontractor for delay or nonperformance of this subcontract, In the event of such termination the Contractor Ina) t".." overany of the Subcontractor's outstanding subcontracts and purchase orders and take possesslon of all tools, equipment, scaffolding, materials and supplies of the Subcontractor which are on the project site, ht transit In, or specialties manufactured for said work for use in the completion of this subcontract 'The Contractor shall have a lien on all such properties to secure the performance hereof. If the subcontractor should neglect, fail, or refuse to perform any portion of its work which affects the even flaw progress of the project, or any work of an I emergency nature, Contractor has the, right after notice to the Subcontractor, if feasible, to perform such work withoul prejudice to any other remedy it may have, and charge the reasonable cost thereof to the Subcontrac- tor's account, I l 13, Overtime, No overtime shall be paid by the Contractor unless so specifically agreed in writing hyan executive officer of the Contractor before the work is performed, a J 16. cSuperlnlendema t and Cooperallun. Subcontractor shall be represented on the projetl while its work Is in progress by a competent full-time superintendent satisfactory to the Contractor. Subcontractor agrees to make Its own "punch list" and to correct lmmedlalelydlscrepanciesshown oil Its own"putichlist" its wellsa on such No furniahed It by the Contractor, to that final inspection of the project can be expedited wi much as possible, The Subcontrator shall cooperate to the fullest with the Contractor's Superintendent In charge, and shalt remove immediately any workmen who are not satisfactory to Contractor or Owner or its authorized representatives, All workmen of the Subcontractor are to work In harmony with those of (lie Contractor, 17, Responslbllily for Work and Materials, When any material is furnished by the C'onlroclor, it shall be used without waste, and the Subcontractor shall pay for any material ruined or damaged on account of its neglijtence or carelessness. Unless oiherwiio stated, H1 ha to alariallr Is furnished uintat the tit eCo hif acto stun others, which lama shall be delivered at C'onlra:nor's Option, shall constitute delivery, `The Subcontractor shall shack promptly tluantlilos delivered and Immediately report all damages and shortages to the Contractor, Quantities of material used shall be repotted weekly to the Contractor, The'uubcontractor shall be responsible for and protect Its work in place front the elements and other causes or damage until completion and final acceptance by the Owner and shall adcyyumely store and protect its own nutterials and materials furnished It by the C'onuactor and/or others, 't'he Subcomraclor shall provide whatever projection is necassaty for the performance of ttA work, 'The cost of all such prolecilon thud be borne by the 5(ibeorttract0r, Contractor shall not be responsible for damages to Subcontractor's work caused by other subcontractors, Subconusct whhi TRI-DAL CONSTRUCTION CO. Pate Number Four Nov, sits Project PLLAN CREEK BUSINESS CENTRE form llltYr 18, Contractor Services. If the Contractor has available and the Subcvnhactor elects to use the Contractor's hoist, mixer, or any other equipment, ice water, drinking cups, etc., an agreed price in writing must be made before such use with the Contractor's superintendent; otherwise, Subcontractor shull pay the Contractor's charge; The Subcontractor except for on-site offices and fabrication plants, may share with the Contractor and other subcontractors at no charge, electrical, water, and sanitation services which the Contractor may have available. Subcontractor shall be responsible for stringing its own electrical cords and water hoses from available outlets and hose bibs to the locations of the Subcontractor's work, However, tiny additional services including heat, which the Subcontractor may require for the performance of its work or the protection of its work, materials, and equipment from the elements and against theft and vandalism, shall be the responsibility of the Subcontractor. 19, Payments To Subcontractor, (a) The Contractor will pay the Subcontraclorfor the performance of this subcontract the consideration asset forth in Paragraph as hereinuftcr provided, (b) Prior to the submittal of the First partial payment estimate, 1110 Subcontractor shall furnish a J breakdown of the subcontract price for the Contractor's approval. The breakdown shall show as nearly as possible the true value of each phase of work in relation to the actual overhead prorated to cash,']'he approved breakdown will be used only for the purpose of making partial payment estimates, (o) At the intervals specified in the Contract Documents and at least two (2) days prior to the date the Owner requires the Contractor tosubmit its partial payment estimate, the Subcontractor shall furnish direct to the Contractor's office an acceptable partial payment estimate for work perforated by the Subcontractor. The Contractor shall include in its request to the Owner for partial payments the partial payment estimate of the Subcontractor upon payments allowed to and received from the Owner bythe Conlrartorforwork performed i by the Subcontractor and to the extent of the Subcontractor`s interest therein and the Subcontractor shall in turn and in the same manner, make partial payments to its suppliers and subcontractors upon payments allowed to and received by the Subcontractor from the Contractor for work performed and materials furnished by said suppliers and subcontractors and to the extent of their respective interests therein, All material and work covered by partial payments shall become the property of the Contractor or the Owner but this provision shall not relieve the Subcontractor from the sole responsibility for all work and materials upon which payments have been made and the payment of partialestimates by the Contractor shall not beconstrued as acceptance of the work or materials in whole or in part. (d) Payments shall be made to the Subcontractor at the Contractor's office, Legal right of action for work performed in Texas shall he in Dallas County, Texas. Under no condition shall the Subcontractoror its agents remove from thejobsite any materials for which the Contractor or Ownermaybe liable under the Miller Act or similar state statute without written permission of the Contractor, 20. Final Payment, (a) Request for final payment must be accompanied by written acceptance of the Owner, if requested, and a release of the Contractor of all claims arising by virtue of this subcontract and an affidavit by the Subcontractor that all labor, material and other bills have been paid in full; (b) Request for final payments must also be accompanied by guarantees required by the subzontract. Subcontractor agrees to promptly make good without cost to t he Owncror Controctoranyand all defects due to faulty workmanship andlor materials which may appear within the guarantee or warranty period so established in the Contract Documents; and if no such period be stipulated in the Contract Documents Ilion such guarantees shall be fora period of one year from the date of completion And acceptance of the project by the Owner. In addition, Subcontracir,r shall be responsible for And pay for replacement and repair of adjacent material or work whictl may In damaged clue to the failure of Subcontractor's material or work andfur damages as a result of rephtceinent or repairs ihereof. I he Subcontractor further agrees to execute tiny special goaranlces us provided by the terms of the Contract DOCLIHICHIS, prior to final payment, j (c) Before making [-trial Payment to Subcontractor, the Contractor shrill also have the right to require from the major suppliers, mechanics, and/or his sub-subcontractors of this subcontract, a release of lion indemnifying Owner and Contractor against all lien claims and bond claims. (d) Final payment by the Contractor shall not be construed as acceptance of defective work or improper materials, 21 Liens and Clalms•Affidavll and Waiver of Liens, The Subcontractor shall pay all claimants for all costs and expenses resulting from the performance of this Subcontract tool for all labor and material used or reasonably required for use in The performance of this Sulxonlract for which the Subcontractor Is liable and further, the Subcontractor shall hold the Contractor harmless from sill costs and damages claimed by Iowertier subcontractors and suppliers and all liens and all claims of persons furnishing rnatedal andlor labor In connection with this subcontract,'Phe Contractor may inquire of the Subcomractursatisfactory evidence as to the status of its accounts at any Nnw. Including a notarized statement setting forth the names of all Its subcontractors and suppliers, the amounts of each such subcontract and purchase order, tow anxxtnt pail and the amounts due and payable. At the time of presenting monthly estimi las tho Subcontractors shall furnish notarized evidence on forms furnished by the Contractor that All, ,,r r o_•,lerlals, and other costs for which It has recelved payment from the Contractor have been paid its full,'f'hr w!,a, oj, tv rir shall pay to the Contractor the amount of expenses and atiornoy's fees Incurred by the Col tractor btci„•~ . : ~1v 4iult of the Subcontractor In the performance of work or In the paymtcnt of labor and/or materiel bills, or r ..ab front the filing of claims with the Contractor for such bills. Subcontracl with: TRI-UAL CONSTRUCTION CO. Pale Mt,mber Five Rev, 145 )'rojecl, PECAN CREVK BUSINESS CENTRE 1~)rrn tool I 22, Deviations and Substitutions By Subconlrador, The Subcontractor shall not deviate from the plans and specifications without the written consent of the Contractor, and no changes shall be taken up with the Owner or its authorized representative except through the Contrrctor, Any changes to plans or specifica- lions, or substitutions of materials as on "or equal" proposed bythc Subcontractor, which are approved by the r Owner or its authorized representative, shall be the Subcontractor's full responsibility. Any additional costs caused the Contractor or others As a result of such changes or subsplutions shall be borne by the Subcontrac- tor, In selecting options or alternates, the Subcontractor shall indimnify anti hole Contractor harmless from claim for additional costs incurred by the, Contractor and otter subcontractors. 23. Owner Approval, This subcontract is subject to the approval of the Subcontractor bythe Owner or 0 its authorised representative, if the Contract Documents provirle for such approval. 24. Assignments of :lubc01111`00 or Proceeds, (a) ']'his subcontract and the proceeds from this subeon- iract shall not be assigned without the written consent of the Contractor. The Subeontractor will not relet any work covered under this subcontract without prior written approval by an executive officerof the Contractor. The Subcontractor will insert in any subcontract awarded by it withapproval of the Contractor all orany part of this contract necessary to protect the Contractor, (b) Prior to award of this Subcontract, the Contractor has investigated this Subcontractor and believes it is fully qualified to perform this subcontract. This suhcontraclor shall not sublet any work covered by this subcontract except items which are customary sublet by subcontractors of its category, (c) Approval of a Sub-subcontractor by the Contractor shall aol be construed as creating any contractural relationship between The Sub•subcon[ractor and the Contractor, The Subcontractor shall still be responsible to the Contractor for all acts,, omissions, and work of the Sub-subcontractor and their employees as is the Subcontractor shall be responsible to Contractor for the coordination, administration, and supervi- sion of the sublet work in all respects as required by this subcontract, MODIFIED BY PARACkAPH 45 25. Interpretation of Contract Documents, The parties recognize that the Owner or its authorized representative shall be the binding and final authority an the interpretation of the plans and specifications, and any interpretation thereof by any employee or agent of the Contractor is the mere personal opinion of the party making the same, The Subcontractor shall be bound by all interpretations of the Owner or its authorized representative which, by the Contract Documents, are binding on the Contractor, 26, Samples, Shop Drawings and Teats, All sampiesthatare required to be approved shall be furnished and submitted by the Subcontractor in accordance with Specification requirements. Shop drawings, if required, shall be submitted by the Subcontractor in sufficient quantities, and after approval; the Subcontrac- tor shall furnish final copies for field use ns way be requested by the Contractor, Any and all required certificates, tests, test reports, etc., shall be furnished by the Subcontractor upon request from the Contractor, Ustiniites (in triplicate), shop thawintts, snniples, etc., shall be submitted by the Subconnnclor to (lie Contractor's office. The Contractor's office shall be furnished copies of all correspondence submitted to the Contractors field office. 27, Acceptance of Preceding Work. The Subcontractor shall exrlnuno the work of others which may affect its work and shall notify the Contractor in writing, eongilerely d-,tatlcd tend supported, of any claim deficiencies thcictn before performing its subcontract work, otherwise, such work shall be (teemed acceptable to the Subcontractor The Contractor, the Subcontractor and other Subcontractors will perform their work in accordance with normal construction tolerances unless specifically provided otherwise herein or in the Contract Documents, In case of dispute, noshing in this paragraph shall be construed as relieving the Subcontractor from the responsibility of perfoining its work or of the duly to proceed with such work when notified in writing by an executive officer of the Contractor to do so, 28Storage of Materials and Vehlele Traffic, The Subcontractor shall control the storage of its materials and the movement and parking of Its vehicles of its employees so as not to unreasonably interfere with the work of others; however, the Contractor does not guarantee that the storage of materials and the movement and parking of vehicles by others will not cause some interference to the Subcontractor's work 29, Inspection, The Subcontractor is fully aware that the work covered by [his subcontract will be rigidly Inspected by representatives of the Owner to insure strlcf compliance with the plans and specifications, Subcontract wlihffRI-DA], CONIlTRUC'f'ION Cot Page Numher Six Rev, t-BS fyrnJect, PECAN CRE:RK HU9Tt+i+aS CEN'CRF. tbrm 1007 I E 30, iCOPS OW YORR, Subcontractor alraos to make the entire praiect complete in every respect insofar am this subcontract is concerned, in a first class workmanlike manner in strict accordance with the plans and epeaifications, Amendments, Bid porm, and Shop Drawings as approved by the Architect or Owner. Subcontractor agrees to perform all work shown on the drawings and not mentioned in the specification saction(a), which is of such a nature that is reasonable to assua* that it is part of this subcontract, 31, CONTRACTOR NFIMITIOM. The word "Contractor" in tha specification section(s) covered by this subcontract shall mean this Subcontractor, 32, COMMUCTION TI06 With reference to Paragraph 6 of this subcontract, "Ties of Parformance", Subcontractor is aware of the phased construction time f and of the short overall completion time on this projort, ands therefore, it in understood and agreed Lhat Subcontractor will furnish additional manpower and supervision as required to expedite the project in order that it can be built within the construction time. 33. IUILM'S RISK IMSUUNCR, Contractor will furnish and pay for Builder's Risk Insurance, which will include fire, extended coverage, vandalism.; malicious mischief, and the Subcontractor's work performed and materials stored on the jobsits to be incorporated into the project will be covered to the extent of the Contractor's coverage thereof and to the extent allowed by the insurance company for the Subcontractor's loom. Contractor's insurance policy will have a $2,50O.00 deductible clause, Builder's Risk Insurance does not include temporary buildings or Subcontractor's tools and equipment, 34, RCTRk'!'ION, Xotwithstanding any other provisions of this subcontract or the prime contract, it to otherwise provided that the Contractor shall retain 10% of the amount due the SuVeontraotor as programs payments or under partial payment estimates for work performed by the Subcontractor until final completion and acceptance of the Subcontractor's work by the owner. 36: SAYM o This Subcontractor agross to comply with all aefety rules and regulations so set forth by Occupational Safety and Health Administration and vafety policies of the Contractor. This Subcontractor shall supply all required mafety squipmait for use by its employees including but not limited to hard hats, safety Sleeves and Buggleso etc. Any employee or employees of i any Subcontractor refusing to comply with the aforementioned ruler and regulations shall be removed from the project immediately. All Subcontractors shall conduct a weekly safety tool box meting with its smployges and provide Contractor with written minutes of said meeting along with names and signatures of each person attending, 36. With reference to Paragraph 3 of this subcontract, tits types and amounts of insurance shall not be lose that the _specification or contract requirements, but in no can shall the property d4sago, public liability and owned, non-owned, and hired vehicle insurance be lama than $500,000.00 combined single limit and an umbralla or not less than $160001000.00. I I Subcontract with+ TRI-DAG CONSTRUCTION CO. e Page 7 Projsotl PRCAH CREEK BUSINKSB CLNTAR i 31. 8W OrIAYiiltftl An WIPPIN DAT216 Nor USED. sa<. CONTRACT 110CUleifTfi. oNEET un, E S1 Cover Shoat No date 0 A-) 9/11/85 1 A-2 - A-8 9/25/85 2 A-9 8/29/95 0 A-10 A-11 9/25/85 2 A-12 9/10/85 i A-13 9/25/85 2 S-1 5-13 9/15/85 2 PE-1 PE-6 8/29/85 0 C-1 C-3 8/29/85 0 Speclfloetionss Issue Date 8/29/85 Addenda it dated 9/12/85 Addenda #2 dated 9/16/85 Alternate 01 Alternate t6 Alternate 07 Altornato #9 Alternate #9 Alternate #10 Alternate #11 394 ITATI(MT 01 UORK MO CWTUCT PMIC9. A. This subcontract covers the furnishing of all plant, labor, rateriols, and aquipe,ent so requirod to parforml DIVISION to GENERAL RECUIREMSNTSs pertinent portions thereof applicable to the cowletion of the work of this eubcontractl SECTION 15020, PLUMBING PIPING SYSTINS, pertinent portions thereof applicable to the completion of the work of this subcontraotl j SECTION 15050, PIRO SPRINKL9R SMOM, pertinent portions thereof applicable to the completion of the work of this oubcontractl including the work listed in sub-paragraph 8 below, all for the total lump sum smut+nt tA80k AND l1ATERIA1,s----- -----$48,900,0'0 6 1/8% State and City Sales Tax---. 11100.00 Total Contract Amount-----------~---$50,000,00 8. In addition to the foregoing, it is further understood and agreed that this subcontract also includes the furnishing and instillation of the below 1160~d items - miardisse of whether or Act they are in the above specification sootlon(r)s or any other specification section(s) or shown on the plans) 1. Preparation and coordination of all layouts, as-built and record drawingo and surveys as required by contract for work under this subcontract. 2. All fees, iioensss, and permits as required. 3. All utility work on-site and off-site as may be required to complete the work of this subcontract. Subcontract withi TAX-DAL CONSI'AUCT0CO. Pass 8 Projects PECAN CREEK BUSINESS CINT09 39, U. i. All layout onginearing, excavation and backfill required for the utility system. All bachfill areas rust be rscompacted to mast rsqulred proctor densities as outlined for the project, 5. Excess excavated materials generated by work of this subcontract is to be disposed of ofR-site by this Subcontractor. 6. All required pumping and removal of water from utility excavations. 7. All fire hydrants as required. 0. Open-out street, dispose of waste and repave areas to run S" 1 water lines through Mores Street and Nayhill Road. 9. Extend all services to within 5' outride of building lines. 10. All tape and tap fear as required. 11, Remove, dispose of waste and patch areas around new 4' manhole at Kayhill Road. 12. Extend 6" fire projection line from main service line into Building 2 as shown on P6-1 including tap and tap fee as regired. 13. Run approximately 26' of 2" *star line off of main line and cap for future Irrigation inoluding tap, tap fees and roster as required. 14. All manholes and basociated concrete work as required. C. The following items are excluded from this subcontract 1. Utility Company charges (usage bills). 2, Irritation sloeving, 3. Cam main extensions or manifolds, i i 40s CONTM"T"01OMON 1 At the Contractor'r Option; Subcontractor agrees to furt.1sh all plant, labor, materials, and euipment as required to DELETE cast iron sister piping and utilise PVC for the rain water line loop for the total DEDUCTIVE AMOUNT of- --($2035.00), (bl COi0ACTOR11 OPTION. it the Contractor's Option, Subcontractor agrees to furnish all plant, labors materials and equipment as required to DELETE cast iron water piping and utilise PVC for the 6" fire line extension into Building 2 for the total DEDUCTIVE AMOUNT ---($6o.o0). 41. ?ATOM AND PIAVORNANCI I=, With reference to Paragraph 2 of this subcontract, Contractor hevaby waives the requirement for a Payment and Performance bond. IZ@ 1CN1iN1l.INQ DATA. Subcontractor agress to furnish within 30 days of the date of this subcontract, data required to proper* a progress schedule and will provide data necessary fnr monthly updating of the schedule, subcontvact withr TRI-DAL CONSTRUCTION CO. Pass 4 Pro}ectp PECAN 0119K 1USI11990 CENTRE 43. Prior to submittal of the first partial payment estimate, the Subcontractor shall furnish a breakdown of the subcontract price for the Contractor's approval, The breakdown shell show as nearly as possible the true value of each phase of work In relation the actual contract price and i separate figures shall be shown for labor and materials, with overhead and profit prorated to each, The approved -breakdown will be used only for the f purpose of making partial payment estimates. / 44. TIA MPATYCIM Oil COMM119KII, The performance of work under this j subcontract may be terminated by the Contractor for any reason whenever the Contractor determines suob termination is in the Contractor's bast interest, Such termination shall be effected by delivery to the Subcontrtctor of an notice to termination specifying the date which such termination becomes affective. In the eveni of such termination of convenience, the Subcontractor shall be entitled to its actual costa incurred to the effective data of said termination nlus a reasonable profit thereon) provided however, profit shall not ba pair or allowed in the svent the Subontraetor's costa exceed the Subcontractor's aerninr■ for the work performed. The Subcontractor shall not be entitled to anticipated profit or damages for any termination under this clause and in no event shall the Subcontractor be entitled to assert a claim other then as stated in this clause. 44. This Subcontractor shall carefully review all Contract Documents to insure proper tolsrAncee and clearances for work psrfors,ad under this subcontract and shall promptly notify Contractor of any and all possible problems 45. With reference to Paragraphs 3 and 24 of this subcontract, this Subcontractor shall protectp fully -indemnify, defend and save the Contractor harmless from liability, claims, suits, or actions of any kind arising from failure of this Subcontractor and/or any supplier of this Subcontractor and/or any rub-subcontractor of this Subcontractor to comply with all tormi of this subcontract. i B(3TH PARTIES HAVE READ AND UNDERSTAND THIS COMYRACT, THIS SUBCONTRACT CONSTITUTES THE ENTIRE: SUBCONTRACT AGREEMENT, AND SUPERSEDES ALL PRIOR PROPOSALS AND AGREEMENTS. TEIE CONTRACTOR ASSUMIU4 NO R 9PONSIRILITY FOR ANY UNDERSTANDING OR REPRESENTATION MADE BY ANY (IF 17'.9 OFFICERS OR AGENTS OR ANY OTHER PERSON DURING OR PRIOR TO THE EXECUTION OF THIS SUBCONTRACT UNLESS 9UCIi J 'UNDERSTANDING OR RF.PRFSENTATIVES ARE EXPRESSLY 'STATED HEREIN. NO PROVISIONS OF THIS SUBCONTRACT MAY RE WAIVED OR CHANGED EXCEPT IN WRITING BY AN EXECUTIVE OFFIC R OF THE CONTRACTOR. THIS CONTRACT IS NOT COM- PLETE AND BINDING UPON THE CONTRACTOR UN7I11.9IGNED BY AN EXECUTIVE OFFICER THEREOF, IN WITNESS WHEREOF the parties have signed this agreement effective as of the date firs, written above, TRI-DAL C ONOTRUCTION CO. LEE TEX/PACI ' 'SPA IP Subcontr}egos --E a By Title'. ✓ TiUa, _ r_J._ Due: Page Number .i~ of Projtcl: PECAN CREEK 11Ue1NESS CENTRE Rev. 1.65 pons 1001 1 ; i t .1 I i PROJECT NO, i CONTRACT NO, THE STATE OF TEXHS ~ DEVELOPMENT CONTRACT I COUNTY OF DENTON § W-R REAS, a developer of real property located in the corporate limits or the extraterritortal jurisd ,tion of the City of Denton, Texas must develop such property in compltauce with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities for such new development or subdivision; and I, WHEREAS, said developer, RIDGEWAY PLAZA JOINT VENTURE ___t j hereinafter referred to as "Owner", elects to make such improve- ments hereinafter set forth by contracting with another party, UTILITTP.5 CON'TRAC ORS, Of% , hereinafter referred to as "Contractor"; and WHERFAS, Owner and Contractor recognize and acknowledge chat the City of Denton, hereinafter referred to as "City", has an interest in insuring that the improvements subject to this contract, which will, upon approval and acceptance by the City, become the property or the City, are constructed and installed in accordance with the minimum specifications and standards required by said City; PAGE 1 i I i j 5 I i i ~V 3:.. 'A ;I '.1... d. A 11 ..\~J,u ~lR }^~}4r~~y.......~r..~~: ...~..~.J.n'+.... Yr .'J ~/F,{..~~; p ♦ 3. . # ..._.:.i ref, - A I I s l 1 ~ r a r contract amount for such Improvements, insuring the maintenance i and repair of the improvements, for a oerioc of one year from the date of acceptance of the improvements by the City. The bond shall be in favor of the City aria shall be executed oy an approved surety authorized to do ousiness in the State of Texas, d. Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written "Letter of Authorization to Proceed" by the City Engineer, certifying that all preconstruction requirements of the City have been met. e. To hire and retain adequate supervisory personnel to insure that the construction and installation of said improvements are done in accordance with the terms of this agreement. 2. Owner agues as follows: a. That prior to r.he beginning of the construction and 0staltation of the Improvements, to tu-nis'n a perforrnancr bond, in form and substance acceptable t: r:he City, in the amount or 109% of the contract amount got such Improvements, guaranteeing the completion of the construction and installasion of said Iinprovements. The bond shall be in favor of the city and shall be executed by an approved surety company authorized to do businels in the State of Texas. b, That prior to the beginning of tho construction and installation of the Improvements specified herein, to furnisn a PAGE TIMES n payment bona, in form and substance acceptable to the City, in the amount of 1001 of the contract amounc for such Improvements, guaranteeing the payment of all persons furnisning mateCials )c labor Ear same, The bona snail be in favor of the City and Si: 11 be executed by an approved surety company authorized to do btlstness in the State of Texas. C. To do all things necessary to insure that Contractor cooperates with and a'oides with the orders oC the City Engineer, inspectors and other city employees as to the time, manner and method of the construction and installation of the improvements, d. That no homes or buildings in ehe subdivision or deve- lopment where said improvements are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all I improvements specified herein have been approved and accepted by the City. To insure the foregoing, the owner agrees, prior to the beginning of the conscruction and installation of said Improve- meats, to ceposit with the City $2,0001 Said amount to be forfeited to the City as a penalty, and not as liquidated dama:,es, shoulu any of said homes or buildings be occupied pcioc to approval and acceptance of said improvements by the City. coCEettuCy of said sum shall not preclude the City ECom taking any administrative or legal action necessary to prevent or restrain such ocr.upancy+ 3. City agrees as foLlowss a. To Issue a "LetteC of Authorization to Proceed to the PAGE FOUR w Contractor when ali preconstruction requirements of this agreement and the City's specifications, ordinances and regulations have been fulfilled, b. That upon proper completion of th improvments in accordance with the City's specifications, ordinances and I1J regulations, to approve and accept the said Improvements. d. It is furtner unoErstood and agreeo between the Owner and Contractor that the Owner snail retain en percent of the total contract amount tot the construction and installation, of the improvements until saIa Improvements have been approved and accepted oy the City. l 5. I. is further understood ana agreea oy and between the parties hereto that upon approval and acceptance of said , improvements by the ciry,' said improvements shall become the property of the city free an clear of all liens, charges -stl etscumbrances of any kind. 6. This Contract shall bind the parties, their heir,3, successors, assigns and Cepr+]sentatLVeS COr the full ano eaithtul performance of the terms herAof, jointly and 9eveca.lly. Executed in triplicate this, 24 day of July , 19855 OWNER CON` RAC'POii f'.tt.L t dr d t- aV x i L ~ 11 BY: Sam 0. Kart lit' Ventuee Manager PACE VIYE l i :I'.Y OF DEN'TO 1 \ 1 lBY: CITY MANAGER ATTEST; n CHARLOTT ALLENr C:TY SrCR~TAnY CITY OF OENTON, TEXAS APPROVED AS TO FOAM; CITY ATTORNEY, CITY OF DE TON TEE BY; a b C i f I i 0 ?ROJ-CT NO. _ i CONTRACT NO, „XH13 T A OWNER: Ridgeway Plaza Joint Venture _ CON' RACTOR: Utility Gootractors, Inc. _ IMPROVEMENTS LOCATED AT Lots 2R & 3R,81ock 1, J,W, Erwin Subdivision, Denton. Texas AS DESCR!3E0 BELOW: LnetallatLon of a 70 inch culvert at 11135E drive entrances in accordance with plans by Wier & Associates approved by State highway Dapartmont. E i i PAGE SEMI I I ~ =un '~CrlE15 1 cowl' 1C°rOR'S PAYMENT 13OND J THE STA'TL OV TEXAS § i COUNTY Of` nENTON KNOW ALL MLt~r Fay ^'HESE PRESENTS! 5 That U'J'31",3:'C1' CON'1'!27}C'1'OE2.S T.NC of UA1,L,Ab `Texas ILero~inaft9r' called 'peiiicipal° AML •HICi1 and UNIVl Al, SUll1?'Py b y nd P wide% th© 1iw8-6-c thn State of Tr;Xi~s " raorRat ti organized business in the state of Texas, DeeeliteEter authorized to do called "Surety", ato held and firmly bound unto the city of c Denton, Texas, a Municipal Corporation in Denton Coun'.y, Texas, hereinafter palled "City", and RTDGBWA)l PLAZA, oilit volzturo herniaaftor called 'Developerand Unto all pe~'rsons, firms and corporations who may furnish materials or perform labor. for the building or improvements hereiliafter referred to in the penal Su-m of Onr Hundred Twolity rive T lousaild Nina 1111l1dLed r.ifty- Four and ti-c) -U = - l motiEiy of she IJriite+d States, to ba paid lnrDent awful on County, Texas; for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with Developer dated as of the day of _A,D,, 1584, (the "Contract"), a copy of which -fs attached hereto and made a part hereof, for construction of -aQ1ii.agl s~iacr s~l>si 1L Lii>~s__ to serve Pat- yay pltij an Addit on to the-City of Denton, Denton County, Texas; NOW THEREFORE, the condition of this obligation is such that, if the Ptincipal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as recodified In Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect, This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 Revised Civil Statutes and Article 54724, Revised civil Statutes, as recodified in Chapter 5:3, Subchapter 1 of the Texas Property Code, as the case may be, IT, e r 1 1 al actioli l~0 1:lIed upon d J(4 any The said L'nxas, that y i'ROVLUL"1) L"URTB R, that ley ulates and agrees the ! 11 lie oi of eived,mehereby stip his tiond, veriuo shrec t t i Lljteolation ltor' addition to surety, for value or£ornied thereunder no change, extension the work to be p wise ing the same shall in any e or t Ckieof sp©dification't or s accompany affect its obligation on thexte~slol8ca Cilne~es alhete>:raCeb~on wai or or such change, work or to the notice o£ the terms of hhe coclCract or. to the addition to apocificaCions• of an he the City i al shall abridge the right k~ROVIDFU g'UlYCIiFR,thlOa~rti°Cipnal seCClemb~eti bs and/or Developer r whooe claim may any 1~t3I18£iCiaL'y }lero EltlndOL', IN W1TNE65 W}1l;RFO~'~ Clti is executed in ills Z instshallrumen C deemed an original, this each ono of A p,, 1985• CripllcaCe, the-- l7 tlti day of Y AT 9T' U1'1L11Y` CON1'RAC'1`O1t;tLNC.V~~::. G J Lf uCX in al Secretiar r h e~ Hy (SEAL) 8585 St.clm1101151 Suite 800M1~1 Address.....,.- exa'~ ~,"7`~~~T Witness as to princ~p I MCI gs~- j ATTEST (SEAL) tINIVLKSItL SU 2L'PY p1AMLl_ 1~ Ur t 8ecr Aa U 13Y ll~ ~ . I / ` 7ACiC 31CKT YNOLtJS - AC rney-~zn- ac ~~L•~knensa as 0 5 rety , NI i 1x12 Dur1 j{ lSOu;,'1x, Address ~1{zrustc , ---•w rhani, 1E112 Ua~- - - c'~drees E I llA'iT 01' ' MUST HE , 1" DATE oV CONTRACT. NOTE: lPow~ ONl)1~I1t15`1nNUiIu UREIVY 1 AI A rcwed'I 13y' D a C e L 0538r -3- `rv CON'T'RACTOR' S PEUORMANCE BOND / ME STATE OF TEXAS 5 KNOW ALE. MEN BY THESE PRESENTS / 5 COUNTY OF DENTON That (J'1'1,i,7Illy C0N'PJtAC11'()It;1, IN+ , of Texas ' hereinafter called ncipal and-lTiuvel ,aT tuet.Y of corporation organized under the lawss of titla State of r xt1 and authorized to do business in the State of Texas; hereinafter called ("Surety"), tire held and firmly bound unto THE CI'T'Y OF DENTON, TEXAS, a Municipal Corporation, in Denton County,' Texas, hereinafter called "City", and, MAXAMAY PTAC, joint ,V011611--o hereinafter called "Developer", in the penal sum of Chr fIu`tSchecT" `l~n'c+nt< IJvc+'I71ouwdud Nine- I1011<il:ed FiPi: Four [1nt1 tx1J100-------- lawful tik 395 ,uo) _ money of EP uniCed States,-66-_ ey -Al in Denton County , Texas, for the payment of which sum well and truly to-be made, we bind ourselves, our heirs, executo;-s, administrators and succu:ssor.s, jointly and severally, tirmly ,~y these presents, THE CONDITION Or THIS OSLIOAT ON it such that Whereas, the Principal entered into a certain contract with Developer dated as of the day ofW A,D., 1984, (the-"(5ontract") a copy of which is attaclied hereto and made a part hereof, for construction of sewer and waltor lialeo Ii71za an Addition to "Che City of Denton, Denton` County, Texas; NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, condition,3 and agreements of said Contract i during the original term thereof, and any extensions thereof which may be granted by the city and/or Developer with ur without notice to the surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the city and the Developer from all costs and damages which each may suffer by reason of failure to do so, and ishall reimburse And repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof., then this obligation shall be void; otherwise to remain in full force and effect, A% 1 i i YttOVIDID i'UIITI*'R, that tf any logal action be filed upon this bond, venue shall lio in Denton County, Texas, and the ` said Surety, for value received hereby stitjlates and agrees' ' that no change, extension of time, alteration or addition to ggeeform~~d 1 the torms of the contract or to the work to be thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does herehy waive notice of any such change, extension of time, alteration or addition to the germs of the contract or to t:he work or to I the specifications I If+ WITNESS WHEVEOV, this instrument is executed in triplicate, each one of which shall be deemed an original, tills 21U, day of July A,D,, 1985 AT' T ; uT1rAml cxxsrtutctDizs '[W. Yeihclpl) Secretary; IYAL t, (SEAL) URItICIY - --f - Add r. e s s 0505 Stcaulxil is b'tt I t e 800 Wi~Y.ies-as~ to Principal Ckt] l1 ti 1_ 7rxas. '152A 1~- - ArB56 ATTEST; (SEAL) UNIVIsIt AL SURE'VY OF AMERICA SUI~TY *ruS c etary.~~~ ` ~ 7 n~F'act Attor y- 1II12 tatri,am, 1Sou,, 9St. JACK MCIIISMOLDS Address Address_._ 1012 rluIut _ .1812Du Itc, to n~ !Itc:G3f1_.~~.'L NOTE; POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, 0537r Now PROJECT NO, CONTRACT NO, CONTRACTOR'S MAINTENANCE DON[) )VVEl1,OPMB,N'T` CONTRACT) THE HTATE OF TEXAS 9 K14OF! ALL MEN BY T1(L-,SE, PRESPN'rs COUNTY O ED i)EN`'ON g Tha C (t,)'l'Y C. J';A( iC)125, :UrC.'. of lktl.ltts CounLy, `texas, hereinafter called Principal and _ (1t yl _gAT, SUlti ji Ul' AFtI;12T(11 _ a Corporation organized tinder the laws of the State of 'lxas and authorized to do businessin the State of Texas, hereinafter called "Surely", are hold and firmly bound unto the city of Denton', I Texas, a Municipal corporation, in Denton GeunLy Texas, hereinafter called "City"in the penal sum of 111tik)lvo 119ioustutid Vive t unfired Ninc Five i~1141 --------_..w 1).595; 90-- Dollars, lawful looney of the Ui ited Stales, the raid sum being ten percent (10%) oft the total amount of the hereinafter Mentioned contract, for the payment of Which sum well and truly to be made We bind ourselves, our heirs, executors, add inintrators, and J successors, jointly and severally. THE condition of this obligation is such that; WHEREA;5, the Principal entered into a certain contract With contractor, dated the day of , A. D', 19 , in the proper performance oE- which the C oL• -Ue--n►:on, Texas, Tas an interest, a copy of which in heroto attached and made a part hereof, for the construction of; s<:w*r tuxl witor lidos tit Parkway Plaza, lemon, 'llcxasi t) ELOPER' S/OWNFN' S MAINTHNANCE BOND-MU ONE i E rv~~ Oki" }M. TUVREPURV Pr . Pa shall wel,1, Lru ,i h K. via in tain 6w hoop i,u - P rk oonti ,ao.cd to d(,no and performed [or a periuu uP cne ( l.) year from the data n l acceptance in writiny` by the City of Denton and do all necessary work and ropair of any defective conditions growing out of or arising from the improper work of the name, including, but noL .limited to, any settling, breaking, cracking or other defective l condition of any of the work or part thereof arising from improper excavation, back tilling, compacting' or any other cause or condition, known or unknown, at any time during the period of this bondp which the ulLy engineer, whoso Judgment shall be final and conclusive, determines to be the result of defective work, materials or labors than this obligation shall be void, otherwise to remain in fuli force and effect, to case the said Principal shall fail to maintain} repair or r'econs,truct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such maLerials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agroed that Luis obligation shall be continued a n a against the Principal and Surety and that successive recoveries may be had hereon for suocessivo breaches of the conditions herein providers until the Cull amount of this bond shall have been exhaustod, and it is fiurtM understood that the obligation to ' said maintenance ma intain said work shall continue. throughout period, and the st'eme shall riot be changed, diminished, or in any manner affected from any cause during said Lime. PROVIDFp further, that if any legal action be filed on this bond, venue shall lie in Denton county, J IN WITNESS WHFRsOFp .his instrument is executed in triplicate, each one of which shall be deemed an original, this the 7.711 day i of July r A. n., 19 05 ✓ PRINCIPAL SURETY UVILl'Jy (:UM19MMIORS, INC. UNIV13RMT, SURI.PY oL~MCA f3Y `_rl( r fly I4t~• v J 1'TOHNEXwIN-1 .TACK MCRLXNOLDS ATTEST e ~ N T RX DEVULOVER'S/OWNER'S MAINTENANCE; BUND-PAGE TWO l : Universal Surety of Anwi c: f1Nr,, 'M11 Y I. IUJUn ' . 1 4117N ISY I I i1 ^.I I'IIIrSI - N I S rliat l I I, cIsEI1 SiNaty of l;~ r c n pornti~,r „irad ondur iho Lim] of t l r e ;halo of I oxas tiursumit to by-laws of tIIo company does aLit Iloi i/o troy} aplioint 1 JACK McREYNOLUS Its t ion find Iawlul attorney-ht-feet, with htll power find Authority, for and on behalf of the corporatlon as ouroty, to oxocttte, seal and deliver any and all bonds. ThIS authority In granted by ilia Oorad of Directors ir1 unanimous resoluton under ;he following by-laws of the company; ' Rfi.4OLVIED Illal the corporation hereby Appoints Jack Mcnoyrtolds IIS ,dtornoy-In-laot for oxocutlon of any arid all bonds rocognlzancos, contrasts, agteomnitls of indumolty, financlal guarantees, and other conditional or obb'gatory undertakings and Any And nil notices and documonts cancelling or terminaling the companies Ilablilly [hereunder, And any Instrument so executed shall be binding upon tl>o corporatlon as It approved by [he Board of Directors, signed by the President and soalod and attested by the Corporato Secretary;' "RESOLVED that ilia signature of anyolllcerofthe corporatlon, ndthesealofthocorporationmaybeafflxador printed byfacslmifoto any power of attorney of the corporallon, and that such printed fAcslmlleslynature find seal shell be valid and binding upon ilia corporation," I the undorslgnod President of Unlvorsnl Surely of America hereby corllfy that the above power of attorney is a true f And correct copy of the bylaws of the norourntlon, remains In full force, And that said resolution fins not been amended or (apoaled, GIVEN under my hand and the seal of the corporation this 11th day of July, 1984, Joj) nox, Jr. - President On this 11th day of July, 1984 before me porsonally carne John Knox, Jr. tome personally known to be the Individual officer described heraln and who executed the proceeding Instrument and acknowledges sald instrument to be the voluntary act and deed of said corporallon, 9-16-86 my commission expires Klmborfee R. Muzlngd/ Notary Public OFATIFICATE In witness wher0of l hav®herounto set myhond and the seal of the corporation this ~~_~1 h~ dal .__.~tY-_ 18.5 of ~J6hIn Y ox, Jr, -president SSA[ Effective for Bond 0 . tJ X1285 - r , PROJECT NO. CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON WHEREAS, a developer of real property located in the corporate limits or the extraterritorial jurisdiction of the City of Denton, Texas must develop such property it compliance with the applicable ordinances, reaulitions and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities for such new development or subdivision; and WHEREAS, said developer, RIDCHWAY PLAZA JOINT VENTURE , hereinafter referred to as "Owner", elects to make such lvorove ments hereinafter set forth by contracting with another party, UTILITIES CONTRACTORS, INC. , hereinafter referred to as "Contractor", and WHEREAS, Owner and Contractor recognize and acknowledge that the City of Denton, hereinafter referred to as "City", has an interest in insuring that hhe improvements subject to this contract, which will, upon approval and acneptance by the City, become the property of the City, are constructed and installed in accordance with the minimum specifications and standards required by $Aid City; i PAGE 1 i r I ja 1 w1 .4EsSE, li 1S t0 ChB imcCovemenLs~ 35 9hHliifiir3!3 ifI ../..'iliE!'. ha eto and inooCworated he:. r..n r31 C(3 i`NCrp(; of f'( dll.. I, rllir+ir lSa/ h@ieLna tai CO da ~.:,f iY/ ':ds!it.`.', :ri !it l.a4':3.;'3r ryrl const -Ictad a t Lots 2R G A B14Ck I 1.'n Er'-x11) 1JI)Ov ~irflil l)~illyn/ l:nt,'sCtJ: aAv' city; in c"In idota:_.f tlnr t:CCE^aClt-t C ir. ..rc .ere; r s •tu o-;3 s T _ ~ ~ h,.1• d". '1 k it l f'. ! i Y G . ! t r r„ ti. n.r ....f it Jr't'°_'•- ..iTiE,'i: ..J: $•r CSf'. .f' v' .5.i .r f.p{^Nr 7!/ L J. I _ c ii t'Ca' ! Giic'. 6.' ';.✓S-lr-, .r:~J. Jr, r.r' Lb ..i i' i!N CCU e~ E' t Ti ze, 1, u1 Y L y: i. .`I E: ft. , ~ :ce. .,,1.. _.r b',. r r!I-.'r _ f•f_ .r r. re: f. r; is itheC m°.'iCC _ Ii« ~3'• 3., M-T fD me P. ~s I contract amount eor such Improvements, insuring the maintenance I, I ana repatt of the Improvements, for a perioc of one year from the date of acceptance of the improvements by the city. The bond shall be in favor of the City ana shall be executed by an approvpu surety authorize,' to do ousinass in the State of Texas, d, Not to begin any construction or. :installation of the 1 f Improvements specified herein until Contractor receives a written "Lett',er of Authorization to proceed" by the City Engineer, certi,rying that all preoonstruotton requirements of the City have been mete i a. To hire and retain adequate supervisory personnel to f insure that the oGnstruction and installation of said Improvements f are done in accordance with the terms of this agreement. F 2. Owner agrees an followsr a. That prior to the beginning of the runstructLon and f insta,llatlon of the Improvements, to eurnish a performance ucnd, In form and substance acceptable cc the City, in the amount of 100% of the contract amount roc such Improvements, guaranteeing the completion of the construction and Installation ne said Improvements. The bond shall be in favor of tho city and shall bu , executed by an approved surety company authorized to do business in the State of Tlaxas. b, That price to the beginning of thr construction and installation of the Improvements specifieu itierein, to furnish a i r i payment bona, in form and substanCe acceptable to uije City, in tike amount of 100% of the contract amount for such Improvements, i i guaranteeing the payment of all persons furnishing materials or i labor tot same. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. C. To do all things necessary to insure that contractor cooperates with and abides with the orders of the City Engineer, lnsP actors and other city em to en p Y s as to the time, manna, and l method of the construction and installation or the tmprovementa. d. That no homes or buildings in the subdivision or deve- lopment where said tmpcovemants are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all Improvements specified herein have been approved and accepted by f the City. To insure the foregoing, the Owner agrees, prior to the beginning of the construction and installation of said Improve- ments, to deposit with the city $2,0000 said amount to be rorfaited to the city as a penalty, and not as liquidated damages, should any of said homes or buildings be occupied prior to approval and acceptance of said Improvements by the City, Forfeiture of aaid sum shall not preclude the City from taking any administrative or legal action necessary to prevent or restrain such occupancy, 3. City agrees as followaf a. To issue a "Letter of Authorization to Proceed to the PM8 POUF f+ ,t ,l Conr.raotor when all preconstruetion requirements of this agreement and the City's specifications, ordinances and regulations have been fulfilled. b. That upon proper completion oC the Improvements in accordance with the ('Ity's specieications, ordinances and regulations, to approve and accept the said rmpCovements. 4. It is euether understood and agreed between the Owner and Contractor that the Owner shall retain ten percent of the total contract amount for the construction and installation of the Improvements until said Improvements have been approved and accepted oy the city. I 5. is is further understood and Agreed by and between the parties horeto that upon approval and acceptance of said Improvements by the City, said Improvements Shall become the pco ert~ P l of the City free an clear of all liens, charges and encumbrances of any kind, 6: This contract shall bind the parties, their hairs, successors, assigns and representatives for the full and faithful performance of the terms hereof, jointly and severally. Executed in triplicate this, 24 da of Jul 7 Y , iyay OWNER CONTRACTOR By) r Sam C. BYS~, ( N r Kartal,ie Venture Manager + 1yAG~ r" till I I CITY OF OENTON t 13Y CITY MANAGER ATTESTS CHARLOTTE ALLENo CITY SECRETARY CITY OF 05NTONo TEXAS APPAM AS TO FORMS CI'T'Y ATTOANEY, CITY OF DElfTON, TEXAS ~J 1 t 6:e r 5 ti 1 D PROJECT NO. CONTRACT NO. 7XHt31,T A OWNER: idaeway Plaza Joint. Ventura CONTRACTOR: Utility Contraotora,Ino. l.MPROVENENTS LOCATED AT Lots 2R & Mglock 1, J.W, Erwin Subdivision, _2nnton, Texas i AS 088C3T3ED BELOW: Sanitary sewer and water line improvements to be constructed in accordaueo with plans and apeeificatiom prepared by Wier & Associates, dated October, 1584, 1 I 1 1 I 4 E 4 PAGE SEWN is I PROJECT NO. CONTRACT NO THE STATE OF TEXAS 9 DEVELOPMENT CONTRACT COUNTY OF DENTON WHEREAS, a developer of real property located in the corporate limits or the extraterritorial jurisdiction of the City of Denton, Texas must develop such property in compliance with the applicable ordinances, replacLons and specifications of the City of Denton E pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities', water mains and lines, sanitary and storm sewers and other improvements and utilities for such new development or subdivision; and WHEREAS, said developer, R=EWAY PLAZA JOINT VENTt1NL hereinafter referred to as "Owner", elects to make such improve meats hereinafter set forth by contracting with another party, Venture constructian hereinafter referred to as i "Contractor"; and WHEREAS, Owner and Contractor recognize end acknowledge that the City of Denton, hereinafter referred to as "City" has an { interest in insuring that the improvements subject to this contract, which will, upon "approval and acceptance by the City, becomethe property of tha City, are constructed and installed to accordance with the minimum specifications and standards required by said City; FAGS 1 t' I I WI'~'NESSE'i';{ As to the tmprovements, as specified in rx'nibtt A, attacned hereto and incorporated herein by reference for all purposes, hereLnaetar referred to as 'Improvements", to be installed and uonstrucced at Lot 2R, B1ock 1, 1.W. Erwin Subdivision, Denton, Texas the owner, Contractor ana City, in consideration of thoir mutual promises and covenants contained herein, agree as Eollows: 1, contractor agrees as follows: a. To construct and install said Improvements in accordance wItj the City's "paving, Drainage, 4later and Sewage Spectfica-• tunsthe "Denton Development codeand any other oedinancost regulations and specifications applicable thereto and to perform i all necessary repairs or reconstruction oe said Improvements as eet!uired to meet the City's specifications, ordinances or regula- tions for final approval and acceptance of the Improvements by the city. b, To cooperate with and abide by any orders of the City Engineer, city inspectors and other city employees as to the tine, manner or method of construction or installation of any of the Improvements. c. That prior to beginning any construction or installation of the Improvements, to furnish a maintenance bond, in form and substance aoceptabie to the city, to the amount of 10B of the P ha E TWO 5 _ _ , contract amount for such improvements, insuring the maintenancc+ and repair of the Improvements, for a period of one year from the date of acceptance of the improvements by the city, The boncl shall, be in favor of the city and shall be executed by an approved surety authorized to do business In the State of Texas. d. Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written "Letter of Authorization to Procead" by the City zngineer, certifying that 411 preconstruetion requirements of the City have I been met, e, To hire and retain adequate supervisory personnal to j insure that the construction and installation of said Improvements are done in accordance with the terms of this agreement, 2. Owner agrees as follows: a. That prior to the beginning of the construction and i installation of the Improvements, to eurnish a performance bond, In farm and substance acceptable to the City, in the amount of 100% of the contract amount for such Improvements, guaranteeing the completion of the construction and installation of said Improvements, The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of,Texas, b. That prior to the beginning of the construction and Installation of the Improvements specItied herein, to furnish a PAGF, THREC i I'• ae r. I i M~Ya '1 1 Y w ~ ~ F` a payment bona, to form and substance acceptable to the City, in t•ho amount of 100% of tha contract amount for such Tmprovements, guaranteeing the payment of all parsons furnishing materials or labor toe same, The bond shall be in favor of the City and shall be eXecuted by an approved surety company authorized to do business in the State of TeXas, c, To do aid things necessary to insure that Contractor i j cooperates with and abides with the orders of rnq City rnglneer, inspectors and other city employees as to the time, manner and E , method of the construction and installation of the Tmprovementy. d, That no homes or buildings in the subdivision or deve- lopment where said Improvements are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all Improvements specified herein have been approved and accepted by J the City. To insure the foregoing, the owner dgreea, prior to the ±I beginning oe the const'ruotion and installation of said improve meat:s; to deposit with ehe City $2,000, said amount to be lorfeltect to the City as a penalty,ana not as liquidated damages, should any of said homes or buildings be occupied prior to approval and acceptance of said Improvements by the City, FoCEeiture of said _ sum shall not preclude the city team taking any administrative or legal action necessary to prevent or restrain such occupancy. 3. City agrees as follows! A. To issue a "Getter of Authorization to Proceed to the PADS VOU[i f 1 i ~ I fl Contractor when all preconstruction requirements of this agreement and the Clay's specifications, ordinances and regulations have i been fulfilled, b, That upon proper completion of the Improvements in accordance with the city's specifications, ordinances and i regulations, to approve and accept the said Improvements. 4. It is further understood and agreed between the Owner and I Contractor that the owner shall retain ten percent of the f;otal contract amount for the construction and installation of the Improvements until said Improvements have been approved and { accepted oy "he City. rt is further understood and agreed by and between rho parties hereto that upon approval and acceptance of said Improvements by the City, said improvements shall become the property of the city free an clear of all liens, charges and encumbrances of any kind< 6. This contract shall bind the parties, their heir-so J successors, assigns and representatives for the full and faithful . performance of the terms hereof, jointly and severally. Executed in triplicate this, day of 1965, OWNER CONTRAC. B dYi_ • I'~ Sam tl, Karake V6NTtARsG 6OWACWa(-MN . Venture Manager .t BAOE FIVE i. ; I a ~ J .-ImY OF DENTON I h CI Y MANAGER ATTEST: C.LOTT:" ALL£~I~ CITY SEG CITY OF UgNTON1 TEXAS i APPROVED As TO FORM: CITY ATTORNEY, CITY OF DENTON, TEXAS BY: a s s, per: 84" 4 ~,Lr rte'. t 1 P.IOJ::CT NO, CONTRACT 1,10. XII,3rT A 0WNtER; -R i_dg-04a Plaza Joint Venture CONTRACTOR: Ventura Construction ?1d7tOV~td3V S LOCATED AT _ Lot 211,81oook 11 J-R. Erwin Subdivision, --~.~S1~Te~cas j AS DESCRIBED BELOW: Sidewalk improvements at Lillian Miller Parkway and IR-35E per City of Denton specifications. i PAGE S2117411 i PROJECT NO. THE STATE OF TEXAS 5 ESCROW AGREEMENT COUNTY OF DENTON S FOR DEFERRED TMPROVE,MXcNTS This Escrow Agreement is entered into by and between the City of Denton, Texas a municipal corporation situated in Denton County, Texas, hereinafter called "City^, Rldgeway Plaza Joinr Ventura _ hereinafter called "Devel.oper'~ and fiexter Fair Title Comua. U hereinafter called "Escrow Agent". WHEREAS, the ordinances of the City provide that in all developments requiring the improvement of eXis"ing unimproved streets and drainage facilities adjacent to .said development, the Planning and Zoning commission may postpone the required improvements if it determines that such improvements are not feasible.or desirable at the time of development) and WHERhrlu, the ordinances of the City y postponement of such improvements are so a provide that where ! may either poet. a entered, the developer performance bend or enter into an esorcw agreement to in3Ure the completion of the improvements in the Euturel and In lieu of WHEREAS, neveloper desires to enter in an esorow agreement { improvementsl Nowtithereforperformance bond for sidewalk i WITNESSKTH J The parties hereto agree as follows; 1. Developer, as a condition to receiving building permits for ~ the property located at See-- ' y u a e 1 shall deposit the sum of One Thousand Six Hundred and No/100 Dollars ( 11600.00 in an escrow account w to the Escrow agent, sad "amount beinq 1007, or the total cost of installing sideoialk I facilities to City's specifications, adjacent to Lillian Miller Parkway and IH355 Frontage Road located in the city or the C ty s extraterritorial, yurisdidtion, ESCROW AGREEMENT PAGE ONE i I 2, if Develol)er fails to install the sidewalk within six (6) months from the date of this agreement, should the City choose to make the 91dewaIk improvements for which the escrowed funds herein are designated, upon written notice by the city to the Escrow Agent and Developer, of such intent, said funds. shall be paid to the City by the Escrow Agent, if the escrowed funds are paid to City under the provisions of this agreement, any interest earned on such fund shall also be paid to the City, 3, If the City does not, within ten (10) years from the date of this agreement, give written notice to the Escrow Agent and Developer of its intent to make the sidewalk improvements for which the escrowed funds have been deposited, all escrowed funds and all interest earned thereon, shall be paid to Developer, 4, Developer agrees to pay any and all fees charged by the Escrow Agent in providing foe the escrow account established pursuant to this agreement. 5, No building permits for the property to be developed shall be issued to Developer until the Escrow Agent notifies the City engineer, in writing, that the escrowed funds have been deposited with the Escrow Agent in accordance with the terms of this agreement, 6. Any notice required to be sent pursuant to this agreement shall be sent to the address of the parties hereto, as follows; Develo eC; Ridgeway Plaza Joint Venture 8235 Douglas Avenue, Suite 816 p c/o nning nA lopment _llallas. Texas 75225 Nexter Fair Title Company Escrow Agents _ 19n7 paeifin Avenue Dallas, Texas 75225 7. This agreement shall be binding upon the heirs, executors, administratoes, successors and assigns of the parties hereto, IN WITNESS WHEREOF, the said City, Developer, and Escrow Agent have signed this instrument this the day of , 19 CITY 0 EN ON, TEXAS DEVELOPS J David W. Dunning ESCROW ACERT By ESCROW AGREEMENT PAGE TWO V R EXHIBIT "A" BOUNDARY DESCRIPTION A tract or parcel of land aihuated in J. McGowan Survey, Abstract 797, in the City of Denton, Denton County, Texas, and bring a pert of Lot 2R, Block 1, of the "J.W. ERWIN 5UB'D" an addition to the City of Denton, and being more partdcularly described as follows: SEGTNNING at d point on the South line of Interstate Highway 35 East, being also the most Rasterly Northeast Corner of said Lot { 2R, Block 1) THENCE South 000 11' 46" Bast 177.05 feet along the East Line of said Lot 2R, Block 1 to a point on the West Line of Lillian Miller Parkway (an 80 foot right-6f-way)J' THENCE Southwesterly an arc distance of 52.14 feet along a curve to the left along the West Line of Lillian Miller Parkway and along the East Line of said Let 2R, Block 1, said curve having a f_ radius of 409,71 feet and a central angle of 70 17' 28", the long chord bears South 210 49' 29" West 52.10 feetl i I THENCE South 890 541 50" West 96.t9 foot; THENCE North 000 05' 10" West 252.00 feet; i THENCE North 420 331 18" East 59,00 fart to a point on the said South Line of Interstate Highway 35 East) THENCE South 470 26' 42" East 103.36 feet along the South Line of Interstate Highway 35 East to the Point of Beginning and Containing 30,284 square feet or 0.6932 eare of land more or less. I E A E onti: r Auduat 23, 1985 f It i W-1i to ba (Machod Lo niul form "o Iror'L or Bond No. U,411-1285 ieaur:d by UNIVI-M AI, SURCH Ul' AMCIM A, tlntad t:r 27th may of y udusr. ~ l9 85 oil hohalf of UtiltCorrtractozs~_Inc ~V anil 7n I nvnt of _Ihe Cites of lntonr 'Cexas _ itr uanaldavoLlon or Lho prarnium ohavijod, it la underolood and oyrood LhaLs l:rfootivo from Lino ~_23r<l dny or _Aggu~jt 1.9_85.• '11te MinterimAce Bond is hereby increased to thirteen UxAmmid five htuidred ninaty five and 40/100----$13,595,40 i i Providod, howevos', LhaL tho ilabiliLy or Lho UNIV RSAL uUlM Of' AMCnIGA, under Lho uLLnyhad hond as dhangod by LI,La ridor shnli noL be oumulaLive NoLhing havoln ociAnlrtod shall ho hold co vnvy, wnivo, a1L'or or extend nny of Lho Lormn, ronditiona, ogroomonLa or warrnriLlae of tho Above mantioncid bond, athor than no abLad above 5ionod Lhin 23rd doy of -Aucsusf. w_r 19 85 , Acocptorls ~ i Utih Contractors, Tnf, UNIVERSAL sunray or AMERICA { T'i7ne Isn UY._- el , 11y ( i ` t orioy- i / John Knox, dr, DUPI TCATS ORIf;'CN111 11, DAIILI Au Dart'. 23, 19(36 li II)LII J l lu bn aLLaoluul to uud'fol,ni n part of Uund No, USA 1205 Jttmiud by UNIVERSAL suRciv or AMERMA, dnLed tTit 27CI-- _Z y of - 19 85 ail hohoif of Utility_Contracttn.rjj Inc. ~.In unnuidurol. n of Lho prumlum uhapyud, it iu undurtttpud and ugraud Lhuti Cfl'aativo rrolH thu X51.. tiny of ,~ilc~ii,~k•:~_.. 1`J }i- Ubu Ishintenance Bond bi hm'ebv inm:caacd to I:hi.ytean Lhour;rvtd Vivo Inuldiod ninety Live and 40/100-----$13,595.40 i I i I'rovlded, Imw(war, thol bm llability of Ulu UNLVE.45Al. 5011E_TY OF A11L'iilLA, uridov tha ottuohod bond in ❑hu)t,}od by thin vidor uhnll not bu uumuloLlva. Nothing horcln uontninad uhnll bn halt] to my, waivoy altar or oxtuixi any of thu La mu; oundl H unuy ngunu nM or warranties of thu nbovo mentioned bond, uUmv Lhum nu nUted nbovo} !iignud tl11o 23rd day of _u_ c~tigt~r 1985, f - At:ouptudt ' Utility contractozfj+.xnv, UNtVEIi5AIL Sunny or AMERMA By 1 , by t at ,miy- 161-1 no John l wx, {7r. , DUMICATL ORICIt@lti } u.e .p v L.o 1 I I J OA l : Atitiust 23, 1985 ,RjIVI.R`Ir Y (11- AIILI'' u 11n.1L lu bpi oLLoched Lo end ('urm o paeL of Bond No, UM--1285 lnsmod by I)NI.VL'IlSAL tiUMAY ill' AMOMA, dntod L~in'~27Ui~riay bf nucrust 19 85 on buhol1' oi' Utility ConbtOOLore,_111a, and-I'r1 favor of, '171e City off llentnn, 'I4Xao3 t11 oullo tdo roLIoil of t I m promimil ollargotlI IL is undavotood E+nd nyr'aod Lhotr I:Pf ooL i vo From lhti 3 I:il rlrly of _AM-LjUl-J_. J,9-0-5-' '1710 K-Aintcs:.olcs, Wild 1,9 I1e17eby ificreasod to thixt;00n tl-mit3 ld five hwidred tlinot:y f Va Mid 40/100----r-$131595A0 111-nviducl, howuvm., thoL Lho I ability or Lha ON1VCIt5Al. 5UItcm UC AIILUICA, unrirr the ottechud frond on ohantlod by Lhio rider tihsill trot be aumulativa, NoLhir>y hornin aorrtained olrnll ho hold Lo vary, waivo, alLer, or cAar,d airy or the Lot,mo, rundill0118> nuvacmonta or wnrt•nnLlcr of Lho above mentionod- iond, ethos than oo trLnLod nbavo. f Signed Lhio 23rd day of Au 1`~ 85 AoaupLot] t Ut;ili,t Contractors, Ina, UNIVERSAL sunny or AHERICA 1 fly ' arncly~ n-f©a~~ 'John Krm, Jr. DUPLICATE OR'T(MI, , • r, ..qaa p. r v, • . :~.r.r vr.. ..5yw .n rim, T.n e r ...,,i h!r!IT n. 1i 2.r' ..ue K..«. r...gyrN,"4;ralrl• 4+•^.p. nil •;y., i I - 1 CITY of DENTGN, TEXAS MUNICIPAL BUILDING ! DEN TON, TEXAS 76201 /TEL EPMONF. (817)566.8200 I ~ I MEMORANDUM rO: CIIARLOT'rii ALLUN, ci,ry SECRETARY DRUM: Gay Racina, Sr, Secretary { DATE: ~Lirch 27, 1986 RE: Y. cettificate_of_Actual Cost-Ridgeway,Pl za_JL, Venture_ I please attach the enclosed original of the above-referenced document to dill Water Lino Participation Agreement on Lillian Miller parkway, with Ridgeway Plaza Joint Venture, Saar Kartalis, Venture Manager, 'this represents the Director's certification of the actual cost of thy: City's participation in this project. i i yha;"r -5e-creEary ~ L cc: Debra Drayovitch, City Attornoy ! C, David Ham, Asst. Dir, of Wt"/WW Utilities Ridgeway Plaza Joint Venture file I ~ f yy i ; I 42U4U:ly I t { r y a, Af Vv ti l DENTON MUNICIPAL UTILITIES CERTIFICATE OF ACTUAL COST i' RIDGEWAY PLAZA JOINT vCNTURL' (Wl KARTALTS'-VIMURt3 MANAGER) CITY OF DENTON AND PARTICIPATION AGREEMENT DATED April .to, iARk 1905 FACILITY DESCRIPTION; 811 to 2711 water Whie1 on Gtllian Miller Parkway -approx. - 1107 linear feet, - ACTUAL COST OF FACILITIES: 0:_-6,,.2ug o0------ DEVELOPER / OWNE=R SHARE OF COST; $ 32,811,0Q_ CITY'S SHARE: hereby ner+tfy the completion of the horolnreforonced facilities and certify the actual cost of the City's participation to be 0a toted above, ,This statement shag be attached to the original participation., roe nt)or~ lb ome a part th roof. - -Y L./ Date;_ _March 13, 198 D ct r of Etles LLarY public..-~ j i ~ k My Commission Expires DrlUInnt Gqy Sect. ! DUTA00tU Dt.vululma Ummi Iriptrnu Uir aI Uttl 1 v 1 1 PROJECT NO, CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON i I WHEREAS, a developer of real property located in the corporate limits or the extraterritorial jurisdiction of the City of Denton, 'T'exas must develop such property in 'compliance with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, curbs, glitters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities for such new development or subdivision; and , WHEREAS, said developer, Tho 6outhlamd CoCporatiQy , hereinafter referred to as "Owner", elects to make such improve- ments hereinafter set forth by contracting with another party, Embree Construction Croup, Inc, hereinafter referred to as U1 "Contractor" and WHEREAS, "Owner and Contractor recognize and acknowledge that the City of Denton, hereinafter referred to as "City", has an interest in insuring that the improvements subject to this f contract, which will, upon approval, and acceptance by the City, F become the property of the City, are constructed and installed in accordance with the minimum specificationa and standards required by Said City; PAGE 1 'z .e WITWfsSETH: As to the impeovementsi as specified in Exhibit A attacnOd hereto and incorporated herein by reference fot all purposes, hereinafter referred to as "Improvements`, to be installed and constructed at Block 1, Lot 3, Teasley Center Addition, Denton County Denton, Texas the - owner, Contractor and City, in consideration of their mutual promises ana covenants contained herein, 'agree as follows: 1. Contractor agrees as follows: a, To construct and install said improvements in accordance with the city's "Paving, Drainag,, Water and Sewage Specifica- tione", the "Denton Development Code", and any other ordinances, regulations' and specifications applicable thereto and to perform all necessary repairs or reconstruction of said improvements as regUieed to meet the City's specifications, ordinances or regula- tions for final approval and acceptance of the Improvements by the City, b. To cooperatii with and abide by any orders of the City Engineer, city inspectors and other city employees as to the timer , manner or `method of construction or installation of any of the i Improvements, C, That prior to beginning any construction or installation 3 of the Improvements, to furnish a maintenance bond, in form and subsran...+'acceptable to the City, in the amount of 10% of the r 3 t PAGE TWO ~JJ1 1 l contract amount for such Improvements, insuring the maintenance 1 ana repair of the Improvements, 'for a perioa of one year from the date of acceptance of the improvements by the city. The bona I i shall be in favor of the City ana shall be executed vy an approved surety authorized to do business in the State of Texas, d, Not to begin any construction or installation of the improvements specified herein until Contractor receives a written j "Letter of Authorization to proceed' by the City Enginaer, certifying that all preconstruction requirements of the city have been met, e. To hf,re and retain adequate supervisory personnel to insure that the construction and installation of said improvements , are done in accordance with the terms of this agreement, 2. Owner agrees as followss 1 a, That prior to the beginning of the construction and installation of the Improvements, to furnish a performance bond, in form ana substance acceptable to the City, in the am,)unt of 1001 of the contract amount for such Improvements, )uarantpeing the completion of the construction and Installation of said Improvements„ The bond shall be in favor of the City and 'shall be executed by an approved surety company authorized to do business in the State of Texas, rb, Than 'prior to the beginning of the construction and installation of the Improvements specified herein, to furnish a nAGE THREE payment bona, in form and substance acceptable to the City, in the amount of 100% of the contact amount for such Improvemencs, guaranteeing the payment of all persons furnisi)ing materials or labor for same. The bona shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. I C. To do all things necessary to insure that Contractor cooperates with and abides with the orrleta of the City Engineer, inspectors and other city employees as to the Lime, manner and method of tiie construction and installation of the Improvements. d, That no homes or buildings in the subdivision or deve- lopment where said Improvements are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all I Improvements specified herein have been approved atid accepted by the City, To insure the foregoing, the Owner agrees, prior to the beginning of the construction and installation of said improve- mental to deposit with the City $2,000, sairi amount to be forfeited to the City as a penalty, and not as liquidateu dararjes, sliculu { any of said homes or buildings be occupied prior to approval and acccptan,ze or said Uiprovoments by the City. Fnrfeituro of semi sum sliall not preclude the City from taking any administrative or legal action necessary to prevent or restrain such occupancy, 3.'City agrees as follows; a. To issue a "Letter of Author,Lation to Proceed to the, PACE F'OUii Contractor when all preconstruction requirements of this agreement and the City's specifications, ordinances and regulations have oeen fulfilled. b, That upon proper completion of tie improvements in accordance with tha City's specifications, ordinances and r-gulations, to approve and accept the said Improvements 4. It is further understood and agreed between the Owner and Contrac.ar that the Ownor shall retain ten percent of the total contract amount for the construction and installation of the Improvements until said Improvements have been approved and accepted oy'the City. 5, it is further understood and agreed Dy and between the parties hereto that upon approval and acceptance of said Improvements by t'io City, said I,aprovomen he shall become th4, property of' the City free an clear of all liens, charges and encumbrances of any kind, 6: This Contract shall bind the parties, their heirs, successors+ ascignr and representatives for the full and faithful I performance of the terms hereof, jointly and severally. i EXeouted in tripli.Cata this, 1Q„_, day of 1o OWNER CONTRACTOR f ,J I By! BY # PAGE ME } CITY OF DENTON, TEXAS BY: 'SVEH ACTING CITY MANAGER ATTEST; CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CIT1 ATTORNEY CITY OF DENTON, TEXAS j i BY: t PACE SIX 1 PROJECT NO, -20- ~i CONTRACT NO EXtIISIT A O'VIOER: The Southland Cor oratlon_ CONTRACTOR Embree _Cgnstruction (;roun, lac. impPI )Vl",`,NTS LOCATED AT Mock I, tot 3, 1'egslex Center Addition Denton Coant,, hilton, TeXas AS DESCRIBED BELOW: Q ft City Sidewalk i hf i { r PAGE SMN $ond No.2-384-617 CONTRACTOR'S, PERFORMANCE 130" THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS + COUNTY OF DENTON 5 That Embree Construction Groin, Inc. ----W1111amsgn Cauntv Texaug•L8U0- of ti rtOWll l' l1e C t J itt vtlLy [Itw ° hereinafter called "Principal" and' a corporation organized under the laws of the State of 010o and authorized to do business in the State of Texas, hereinafter called ("Surety"), are held and firmly bound unto THE CITY OF DENTON, TEXAS, a Municipal Corporation, in Denton County, Texas, hereinafter called "City aadIThSouthland Corp. hereinafter called "Developer", in the panal sum of Two Thousand Seven Hundred Dollars $2 700,001 - rlawful money o the UnitenStates, to a paid in Denton County , Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that Whereas, the princl.pal entered into a certain contract with Developer dated as of the 30th day of. September A, D o 198,6, (the 'Contract") a copy o wtt c s attached hereto and made a part hereoE, for construction of 7-11 Store to serve e t r Addst-op_- , an A t on to the CrtY of Denton, Denton County, Texas; NOW, THE9EFORE, if the Princi al shall wolf, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands Incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any defaults and shall promptly make payment to all ppersons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for In such Contract, and an authorized extension or modification thereof, then this obligation shall be void; otherwise to remain lit full farce and effect r~ l PROVIDED FURTHER, that if any legal action be riled upo[i this bond, venue shall lie in Denton County, Tevas, and the said Surety, for value received hereby stipulates and agrees that rno change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifica.tione accompanying the same shall in any wise 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 or to the specifications. IN WITNESS WHEREOF, this instrument is executer, in triplicate, eacl, one of which shall be deemed an original, this ist - day of •Ocbobo~ ` _ AID., 1985, TTES" I _~.6mbree Construction Group, lnc• r_ncip-M Secretary PRINCIPAL (SEAL) dY - - j tness aso Principal Addre- ss 40114_I_ndustrial Park CIrcle Georgetown, Texas 78626 302 Inwood Drive Gt -eorgetown, TX. Address ATTEST. (SEAL) SURETY i Surety) secretary Y Y~ - Attorne n•-Fa re88 'i Address .2404 111itunn Drive Z vor etowtl 1'uxau 78626 NOTE( POWER OF ATTOPMY OF SURETY MUST 'BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT i Y 05S7r .2 CERTIFIED COPY OF POWER OF ATTORNLY THE OHIO CASUALTY INSURANCE COMPANY - IIIINII. OfI (T I(A FII I. to', 01110 No. ~r - 3'rtl biulllt III Bm hp ((.hear 1JUV PIPI 3; Thal TlIL 01110 CASUALIV INSURANCE COMIANY, Ili - pUlsnnUu of atllhodlV ylanlivl Try Actl(ie ,Sr, 0,1,17,1( IIIO[iVlow;t lsac3 C0hgsaui dues hernbynulbhlalr,tnlrslllil!L an<IapporBL 1. K• I-waris Jr, or 10100 Parrish fit Slum It, buddy or. oliVert Rod - - _ - - _ _ i;olye(o4Jls, 1,x,1:1 - 1h out and M" hll mgenl Andadusrivy 4minc n lo ncalar v r unv coal and dt:llVri fur 00,1 on Its nehnlf itssrirrlq, and cis Its nct nnddeed auy,mdall M)NIA UNDFRIAKIWS mud E(1.(:OrGhJIZANCES, not e~s~eodhtg 111 art, ,.1,11)11, IruWurt FIVE H!INUREN THOUSANh - - - - - - - - _ - . - - J r,(I0,00,;(I, - - )Dollars, t-xr ludinlr bnu 0 vc+r. ally bondls} or alndv(IakdiigiO qua:anh r out IIx I ,yanvot Of notes and linviesr lhcreon And the exepllnm fit sot h bonds (it Lill dvllakingN In prnsil uue rs1 till w pmsrmrs, shall he ns binding rqs%nt said Conllsnny, as Tully and a iply,loallorieulsoildImipusc's nsitllucylladhcundulyowdandackn,wfodgrdhytht-uqulmv('lrrloclofflcelsoflheCompolly nl IN tdllce in l Inrulllon, 11110, Ili Ihch oiVn 1111)11L II polsais the aalhDrlly gronltd 111,1011 ,1111!( sIlptrwdv6 aI IV Isit, i'lhnti 01111ealatg hPieluk!re grmilod tilt- above Ilawvd itl(jIlk, ylS) I I I fact, yiyNAfl!q~~ CninJrl,mi'~ I IIIIS NI h0limnl lr snbs)r;CIL' td be, 1nan i ilildvisi(Incd alfllxedrllre Copomin 5 0,111 of till, lsalyd Thv 01 lu ( tsuully In (naoet Contpanv This 5tlrlay of h ebrtlat y rc1 135. ~~5F]At.l . ~r_ (Snlnrd). $a(11ar'd 'I ito117hnan S'IAfi!UIOIIjD A =L. S cr.oinry COIJN'!Y OI' IiLI I If Oil this 1 tsth clay Of Teel)rtiery A ll, 19 f35 before the suhsrnhoia Ndlaw Pidila, nr Ile State of (ski, vi and ho Ih( (Sunly of liuder, didy uimlllisclnne(I a,al qualified, Caine Itr Thar (i '11 , I1of Unatr ABU, fec rutar'y - - - ol'1IIC l)I HO ('ASl1Al'I Y 1N!sl1RANCE; COMPANY, In lilt! petwnmlly luuru n Ici hr lilt, Ill; vidu,d ilnd Nitro dt scribed 1,t, and 101100 sec filed Iho neceding Insin nVnu. and hr, ocRnowlech ud the rxccounnolrheSalnu andbNmlhvnledullImmndepuScllr.0 th,Ihul1elslhenfflcerof111eColopaay~,rfomsakbAnd111TtIrestAl dAxed blithe Is ,01,0111{ I11stnuneill IL, IhI•Corlrull,lr "walol sold Company, nod Me sold (•nrporaW 5unlanrl. i!Is signnlure nsol{Icetwere duly nflixod and suhsrnlbt 1 to the sold hishumrll! hp rile atubutny and dlwcllan of My sold Dupmrahou 0(n~,"mu,0 IN ICS11NIONY WI Ifil FOr I hacv 1ta(eunto s(t my Timid crud adllurd liiy Ofllrl 18vell al the e Vssp,.i1'r~trr (Ty of I lanlllton Stale 0I O1m% Ibt Q and year llrsl 010we wnhon •r~~ L`vroChy 1,.1.11, ~H ` Wry Public In and for County of Ruditt Slott of Ohla ~gnItin" A illy Continssual txplwi Dc c fAds(T 2l l ; 19136, 1111tlpuwerolLill unII, yhmnWedurtdrlm0by Who ilyOlArhiVh&WW,7,AMC,Bylnnsfilthr(Am Mny,udgAvifNINdNoCiors tilt April 1, l c)rr4. ex I la( Is it o l u iVhlcl I l V ncl 'API ICLE VI' + 5U0I1017 Alipuhdiuvol of Allurneyy•lu•1 acL ulc:'I'hr rhnkmmi of Iht boAKl. IHO plecidtnl ntrV \ Iee p1`0111irl, lilt' Sec,Ieroly or +II airy nsl§rant ,t. rriary slsafl h(, and is hereby vhsle0l wldl hill power and aulhnhly to nppolul nuurniysdirLiclfor the ppljlasetlf sIlIFSERy I Ihr malt of div utr Iy at sun,ly In, and Iu e.ltrum •illadl !hit sul wmh, Seal, nchnowlecile and daliver tiny ad all bonds, nn ulpllmnt is slipulnlluns, undo ltklllga ill Oleo Irtsullmelus c,l sla IyAlI ad policies of insurmce hs be given lit fAVOr of Ally l Inrhvklll4l, 111ub us1 sul all0n ar tilt n=pmsr nulllsr ihteuul, fit loony c60inly ul slide, nl tiny oflirinl boafd or boards oh'du11lyi•rstAle, of - due Unlldd Slides (i Amerha, ar trimly other polldrAl subdlVlslol 1111%IoSlnirmeld is Siguod kind Eealod by fa(slanile its allihollied by)hollb unvn g HosolwWri m1up"I by Mvduucitim0 t1w Comnpeny or) M sy z7. 19'10, " M."SOLVED 111,11 lilt slgoa!llim of auyoflit r of !lmCufnpn11ynrohnrin.rl hyAtllde VI fieCeon 7 of 11w bydawstoappoint altou!uys in but.MvSIOMIMoufthySucrtloryOrAnyAsslslantSectelury0olifyhigtolh( ronrclutssnlAlly copyofnprilscrolnllorlteyand!hus(a' of Ills r;tifnp,uty rn(iy ba AffixLd bvincslnnlu tirAny 11Otytl of allouleyfircupVI1ILM(of issued nn buh,tll of lilt Company 50th sit IV I and seal rue Newby n IWI by die Dximpnny as (dlpool slgrtmmres and stall, It)IIe VAlid And hin(lu,g npcru the C ungtAUywllH I~Ir 9Atnv force And vlwcd m HIMIllh lnann,1lly nAIXVd U 11111 L A unlit mwwd Asslslnul 51, wMiyyof I he (W) (Into ly lnsuraniu Comlamy, dci Why cmmy that the Imegulml power of nhomuy, AncdoVl6erlim7ofTvhylawsolthoU mpanyandAwribrneHrsfiluuonMCIHuAidl 010,vtorsartlulrAndcuuunleotiles nndant ill full farce and effort fill this data { IN VA I'NESS WI II:I(M I have hereunto im nw hnml raid tilt ka* of Ihr. Cuinpany qds day of A1), 1,) d L~ A L ~V;+*✓ v I~ti,P;tUSrC Id Rif-;IFI A,uri mo ssIm, is iy i I S Bohd No, 2-30-617 CONTPACTOR'S PAYMENT BOND t THE STATE OF TEXAS 5 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DI:NTON 5 That. Enrbree Constructipn Group, Inc. of 40114 Industrial Park, Wi 11 iaplson Court _Goou^'e~'own " Y D Texas 7862G -_u hereinafter called "Principal" and Tho Oslo Casealty 11141r7lnCe rJnlptllly , a corporation organized under the laws of the State of-_ nhT-o and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and the Southland Co, rporation hereinafter ca,.sd "Developer",y and unto all persons., firms and corporations who may furnish materials or perform labor for the building or improvements hereinafter referred to in the penal sum of Two Thousand, Seven Hundred Dollar's, ($2,700,00} - Y - - `lawful ts+one-may. of the United States, to be pa n 'Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with Developer dated as of the 30th day of September A.D, 1984, (the "Contract"), a copy of wh -c" s attached hereto and made a pant hereof, for construction of anew 7.11 Store w/ 4 ft, City Side'+alk to serve Teasley >;en-U-er an A23t-i-on to the city ol-Denton Denton County, Texas; NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term s used in Article 5472d, Revised Civil Statutes of Texas, as recodified in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in said Contract, than this obligation shall be null and void, otherwise, it shall remain in full force and effect, This Bond is made and entered into solely for the, protection of all claimants supplying labor and material in the prosecution of the work provided for in said contracts and all suchoclaimants shall have a direct right of action under the bond as provided in Article 5160 Revised Civil Statutes and Article 5472d, Revised Civil Statutes, as recodified in Chapter 53, SL-ibchapter I of the Texas Property Code, as the case may be. I I PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, The 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 to be performed `thereunder or the specifications accompanying the same shall in any wise 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 or to tho specifications, PROVIDED MTHER, that no final settlement between the city and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the Ist day of_,_,Gctobe A, D, , 198;, AT~F'ST Ent o(., Construction Group, Inc, ncipa ) Secretary - _ w SEAL) Add W;- 44114 Park Inds ~al_ W thess a t Pr no pal eor own, eras -~8 302 Inwood br,, Georgetown, 7x, A rasa ATTEST; (SEAL) Surety Secretary Surety w the ae to Surety gyAttorney- n Fi*R ' y n Fact 9si3 Address 2406 Willioniu Drive ,CoocCotawn} T'ax~u+ 842, .2- I I l4 I NOTE POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF J BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, Approved i f Date. I I 05380 ~3- i i i 11 1 CEF?'i "L_") co" Or' POWLR OF ArroHNEV 7 HE OHIO CASUALTY INSURANCE COMPANY HOW ullt(,I flM MON O)ilu 1 No. 11-3'rh J pur a i i nnvo? ll~u III Iorllr I Aflen A11 1 (?iljl'!5l' '~rIl'1'11C11t1i: 'i'hal'iiHI OHIO ('AtiLIAi:I)' lhtillfPANC(? C'OM}'•iNY, ih vgranrrdbyrtftlr~ri tirclion7oflhrfiyLnisufwill(oahgrnny.durchrlebynalninalr,conslllule,LUiappalltl: 'P i< Dr1.511r rr. of i L.oie i' it r t:at s,l rw 11 hr,i;ly or 011 yr i ! Il(d of r; W, Otlr and lasclui lgr)il mid altorne j -ill htl 10 )1114" t rttuli . =eal aird dt n , I'll ( l I'li ( N-110 { i to 'Ind@is 4 l _ n 'ty Intl alt LION ,S S UNDf~lilAftlNCiy,etdiil(((]C'I/.AN(1l~5,nnlrsrrudlir_Iioanvsnylrinsltllnd~s(miy.andasllSacahddrrd h'1V1; IIUPII)11i U 't'uoui Aldll r r lu(hn.1 hotn•s, t any homrlls) of Ivuk rtnkingls) yu a In6,i-itiq Oil; p rivnrnl of nnles and inlrr 1 500 ` I i)o11m's, Lill ply Auf Iht i.ylcullnn 131 Buell bn)uls or uurlart dlllr}s Ill pumploco c (thou lribsouls, ;hall he as ilhnilrn;upon sail) CtmrIti<ny, as fatly and '11 Rs ofl f!o(,r rlLf il I Imo`t's aslllhryhull~iri~uefulyexerilluland;xkmnulyd;Irdbylhru'guhiriS~i'Ircli'llrtf(itelsoflheContl>.1liy lomirllron su, t Onl )hlo, Ill ihtii own pnrpet Irr n tns_ I l 11111 nuhinilv,ptnl~'dhon'1)n(I"I :u rerudl , .uu yIIliv1,rtnartlhnnlslitst-tol,vr;puntrdIlsedllovenmledalRtutoy(4)dndact~~id~+llrrtt In IIrIfN(;S'; tU! II 131(OI' ill(, undt(dgntd ofllril Ill lhr surd ihr Oilia Casually htsumnue lr~ Colin 1101,M1 y rcanto sulisvlln'd ills muse and nfli d Iht ('rni unit tied) of Ihr said the UI'!r1 I ~8LAL1'! ('osU,lllvlpsln.rlur('rmlppuylhls 11i1,11 la of Illy ettbl_uniy 11 EtS. ~t!nfllr~~/ Slyiu`I} It ichard '1'. Hni lulati 5'IA'i1, (h 01 Ho ilI. „ . Sec- 0LINiVf)I NthI,llli S, rrtary Oil )lilt I. t fl day of !'aht till] ' e , Ihr• subscrlbrc a Nrt'aly Puhht of the i+ltte of Ohlu In and for lino Cntlnl of N1110, duly el1itlnlssfunrd ,tlid quo MlY(I, to hefnre It1.(hiil ci T. Hoflhlrt)I h; C, Sec`I m1til c, o fi me le : ~ If() CASUALTY INtiIIIiAK 'CI° CUMP N p thin) y hnrlu'n to Ira din intirwdual aarf offf(t,l das(ubid In and Will) uf 'IeX'1+ct1il ( lpd the )lrcedim sli ty axrcullon fdthr sm no and behiq Byrne rluly suvut drpasolll ao(! 511H), fhnl Ill' Is Ihco1flci9 of Ili(' ill uln(,rq, and he aeko (lint ell the nlllxod11)die.)Irect~ilnilloslnarltislliv 611) rrh'Sralulsal(fCurnpany,imdthesaldCntlrurnle'.ivalitirl! e dilly alhsrd and stlliscilhrd In fill, said lu.lunnr)N b mpun alutesald, and Ihal )Ira Seal y the nulhodf Eauf dhecilo)t of Illy salts Cnqurrullrtit ds siI}nature ns olflcr were V%la%ire; IN lfis!'IDIbNY W11lflil 01 ! hyve helcunt t Bel my hand )1110 afflxl'iI IIIY 0If(cLtl Seal fi lha ag ON of i l rmllluit. Slaty of 61ilo. ihr day And par firsl abnvh wlllkll s1' x y X (Slgncdl a f'c IkiPbl,hy li3btr ~tinrkXitn~ss Not Public iii and fan ('o utl of liullr ' Y r 1 , ile J of 135hlu illy ('ounnlsshin i `tplret UQ+[ Vtnb44' ZA r Ildslnxv rnfallnuu~ylsglauitdlll)tlr`lan dlry,nphonlyof Al lirl,Vl btlilon) ofifu,liVd,osssuflhe('ootpany,atHrpla(lirylltidEleclore ~In Aped ! 11151. i ~oacts troll, is loci) rend f Su Bun'r.Appolnhtmalo1t111orlil!ydn•hac6etc.Illodialrn>anof ftheboard,Ihn r Il Ilie~ir<uir~ of Iln' ' „V shall br and if, hrrubv vesleda'UII luliptnvtn'and mfdin i resi(ici)f, auyvirr~plesltlerd the s , Iolmrny as ;1110V lo, III to thccllte, cci barynor ncu!)nl:unurs Sllpllihlluns, lintlorlaGJngX of Whet In Sintulllq ylnaplHrintaflornoysghIacil41"IlteIIuII%oseofslgrII) nlluch the ilo1 tt; JI Aill seal, ilij oulydyr tied rlehver eAlly ll ant! Ali hds, dWidua4 fool cait~wlaiipn, or the n' ttenenlouvo Is of .,uleliv fit l t pnUclt~ of lusurnnre to he fllva Ill favor of an Ilpl Urilb d ShJns b Afnrtlta, rn lit arty ulhl I poNllcaLsllbdWl[iolL' I ihuraof urluailVCOUnvrnsuvgornilyolflrl<tlboalilorboardsofernlftlyo~slalc,rtY i 1 his lnslnprlrltl it dyne J M1loy2r 1970 7l tl IndualydhyfatsllialeasamhorleedtIVille(0llolsIIIIIRns(tlul1011 .)dnplgdbylhedlleclulsollhitCollillmlyon "lit oLVi:I) Ilml Iht Niquapne of al)y ulficor of rho C'pntpany mltharited byAncde VI Srctlnn 7of Ilw b -hites to t IllInd, lh(+Igoalurt'nifht'SecirlaryuranyAsslslmuSccmlurycerilfyluf}lglhoconotpurssofpn eor rieff PolordtitW lot of III(, nmparlY pray bepfllxall by Iacspnlir to anypinval olnllunieyof cofiy Ihtheilf issued un h Y al onII(, ( 'l`1111herebyylit,afilbyill Cofliilei~asvpo ilsinitAl sldso I Y tyolapoutlotallySucl sit}7lhaseal force and ethcl as 111) 1i nutm filly alllxet 1. I it . to Ili valld and hp)dfriill igtu lrl Will, Cuihlmlly~Mill IfIt't4l)ar I, Will undersll}ne'A A,Sislnul Seurelary ul't7ir Uhl" Caswlhy lnslnmlel((Alrhlraliy do hwrbycartil I))at IllV lltt' g irl fudfil)Ibylatvsofll) fo aco old u tffrsl oil lhic Bide, wt r of li dd AI eu, A l l h aC'ornptmyandUrel)dove)teSolUllanal))AI ioAl(fufhJtrtfritarhllp a ltt tld)cullle!ll cl lu,capleBannlein IN WIl'NL;lS WI11JWOi9 I have hUrdllIII Sri tiny ilnnd anti the shat of Illy C.'omparly IIlls a day ill A 17 , }u A/1.r OL ti A:IfXLC IX-Nd;lhl - ISond Nn, 2-384-617 PROJECT NQ. CONTRACT NO.. CONTRAC'TOR'S MAINTENANCE 130141) (UEVELOP14ENT CONTRACT) THE STATE OF TEXAS 5 t(NOF! ALL MEN BY THESE PRESENI'Si COU14TY OF DENTON 5 That Em_ _ brow Construction Group, Inr., 40114 Industrial Park, Georgetown, Tx. 78626 of Williamson County, Texas, hereinafter called Principal and The 0111.() Ctteunity itteUtttuu;e Conq,uny a corporation organized under the laws of the State of 011I' k and authorized to do buoiness in the State of 'Texas, hereinafter called "Surety", are head and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton county, Texas, hereinafter called "City"in the penal sum of Two Hundred and Seventy Dollars $ 1 Dollars, awfu money of _t 5e Un to States, the sa sum being ten percent (109) of the total amount of the hereinafter mentioned ootltraCLt for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and l r successors, Jointly and severally. THE Condition of this Obligation is such that; WHEREAS, the Principal entered into a certain contract with contractor, dated the 30th day of Se t_, ep tuber a A, D., 198.5..... , in the proper performance"` which theiCity of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction oft 4M City Sidewalk, 90ock It Lot 4, Teasley Canter Addition, n DEVSLOPU 'VOWNESi'S MAINTENANCE BOND-PAGE ONE t 1 NOW, THEREFORE, if the Principal shall well, truly, acid faithfully maintain and keep in good repair the work contrt,cted to oe done and performed for a period of one (1) year r.rom the date of acceptance in writing• by the Ci~:y of Denton and cu, all ne.,cessar;' 1 wdrK and repair of any defective condition., yrowing out of or arising from the improper work of the same, including, out, nat: limited to, any settling, breaking, cracK:ny or othef defective condition of any of the work or part thereof wrising f:rorn iint?.:up t excavation, backfillingr compacting or any oth(:r cause or condition, known or unknown, at any r.me curing the perioo of this bond, which the city engineer, whose )Udgj ont shell) be final and conclusive, aetermines to be the re;.tt.lt of defective: worK, materials or labors thdn this obligation s, .Ali be vuiu, ot!ierwise to remain in full force and effect. In case the said Principal shall :ail to mainta. n, repair or ..reconstruct any detective condition vl`. the worn, da ej.o t er m i 11 ed herein, it is agreed that the C1ty may do said work. and supply such materials as necessary and charge the suit against t n c said principal and Surety on this obligation. It is further agreed that this obligation shall Oe continued one against the Principal and Surety and that'succ.-ssive recoveries may be had hereon for successive breaches of the conditions heroin provided until the full amount of`. this bond shall have been exhausted, and it is further urldarstood 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, furthers that if any legal action be filed on this bonds venue shall lie in Denton County, IN WITNESS WHEREOF, this instrument is exaouted in triplicate, each one of which shall be deemed an original, this the day of October A. D., 19 86 , , f PRINCIPAL SUR8TY Embreo Construction Group. Inc. M J BY., BYi ^'`kU y ~ZLt C.-Z l/~ 111 ATTORNEY-IN-FACT ATTE3Tt 9 ECRETA)j b8VELOPEA18/0WNHR'S MAINTENANCE BOND-PA08 TWO I I ! UirPA'IL) con or v0JI R OF A'1"1'01MI Y THE OHIO CASUALTY INSURANCE COMPANY lu>MI ulllcl IIAI.pITO;N f0l, No. 2I.-Vill ?!(polio All .lint I l Gllcar rh3clltkY lhni Ulf 0111il CAtiIIAI IY IN AWAMT COMMNY, In putslrinti of uudvsrify 3ranled 11y Aulclel, SI 111tH 7 IIw Itv t avyti kd kaleI Cnilljonl (11 1 hefebl; III l'aillaly ( .,u511l;i1v ondf)pliolot' f V- beltrl~ .lr. al f'. 1. Its II' I'ttrI I1 0Y 111 C'. 11111 .q'rrn, 1(x]9 - - b1111 II. *Ill 1dy ul 01 i V(~11 k:rd tlv tile anti lPU 1111 agt 111 alld awonng, urfE411 lu ill ti„ , rku utV st 111 II III dah'i-I hn sell rm 415 01111111 surf try, and an its act anti deed .III vruul.l11 [it)ND'; IIUDIlRVAKINGS, it if I IilicoO 11/Aid f ti, nol rs cv,iingit Ill IV lli+lnstnntc 1 3V11; InI'MAII5D '1l{Ulf:3FtNI) - - - - - - _ _ _ _ _ . _ I$ ',111)1(}g0:00 - - IDOI1ar5, l.N(tWVuy hokiever, ani hl1ldks) Ill bndcr pknul(y) yuaraltrvluil 11 ur pdynurbl ut Hutt'; 01111 Iiucrosl 1111'tenn And lid' rxl't utlon of such blill(5 OT uudedaluuil . in plnSll alts 0 Ines. OWSenl5, 51 oll Ile ;as binding upon said Company, as fully and amply, to all innmts and puquues av if they Ilad l own duly 1 m% idea (110,11 uo(AdV l;vd by the legu1,111y t+letlt d olpcers Of Il1e Canllsany is IIN nlilc'+ In I huldlon, Olilq, ill Ifu It ovtnl puu,¢r pwtsoits, Thw lulltnuly Ilranlod hrri'undel vuprtsrdt's any plcoinus ,null( lrty wrote Pole ,IralNed lilt' l1f)OW nnrm'd otlutncy(s) in flict. #0 1iV!d!r~( Io 64il ['NJ 1~'; WI fir 1(1.k if 01 uO(IV fkWd ufka,t of l'ne sa10'I'Ill' Oldo Ca5uahy lrl'itltnuc p,• 4, Conlpmm nos hvrrlmlu'111150lillud Ill, uanM arid .tlfkred Inn UmlifllAh Seal of he Said Thd Ohlb (a~ICiHv6istuallcrCrnnp.,uvlllis 1',Ctif uv(f 141)rkiaty li) E15. :AI t t~ ft,nllilt l ftlrha)°d 1 lo l'int n tiIAi1:01 OIIfii. tllli'f1'i)E EiUILEIt I III Ill( I Stil day of FeDi itll A D 19 85 bikkne Ili,, ~uhsiiil i I Nrdmv Ikklblli of the 51111a of Oldo. It luld 101 Iii' 0WIth, OI Bt1f a. duly urmlili5sloned and gtlaltlia(l. fan1C I?ii IIdIt E[ 1'. 110[1 1111111 l r , ;;t t t(i gtr=ti - Iof I I I I i 01110 CASkIALT INSIIItANC1: COMi'AN%I, Io Hie I)Vrsonalll) ku1„1111 to he Illk ill(I'ivl In 1I I'll, I AlicIll dk,aril" d m i t, I lkI it ovauled thv steredinl; 1 nliununl and Ile acknowledged ire VX01111011 (11111 !,.laie,andbcont y'nrdoll, +%v illdtpo=1111,wds,Iith that lu'.ltithetfficorof lhr ( n0111an~ dores.1Id,andOlaf 111esvol dllaudtnlhl pt I'Llingln.trurlick l lv ht tAiprnall kalof icldI orlipmI%%alillthc .Ild(',)Ipinlilt `((alalil hivrif knal{ilt asoffit'erWOre duly 1 1 1 1 " 1 ' d ; l u l l Subs( libOd to 1 1 1 , o" i t , I , Ill i k • n I Ily ilu I l l lllIk: 11111 Ali( llnlI of 1111 • Ild Colpo1 atua 1d'~la1w„ hf I i.ti 1MuNY IN[ ILRCOP f'1.iilI' heir mI10 Wl my hand ,nld 011INVd my 011`16,11 .Seal al the ,11 46 %k%SI 114 s,3 (11~ of k hlnrHlnn Sl1lh (,f 011111. Ihl kh1 lllitl tl ar 111,1 aLubc illillca / •a 1",111111 ill tkiz C)0), lsil r tt Nola v hillk in ,lilt, [(it t kulllly Of Buller, 5tau ill 01110 Q''~~~`+ne $4f ~'~'an>,rN nlr~yvc° A1y Cnnniussirrn e>`puts Ix CC.(n')(p .2!lr Jylj6•. I 1 his pt.ivnl ,If lnoulk yis tiranled midi r 111(1 1'1111111 nilV in Al it,1e VI. ,e, non 7111Inv liv ! nic, cif Ih, t'nnllnov adnplt rI hV itS ditettnfs „IAplil' lit"I oVX1111i h lnll» villa If n'ad ARIICI.1 VI' m? AppOlntlueatofAtlolney-InIIrl,eltt I'1 16nlinall'))Ih, Ill' 1111 Ink pmsulerd ulvclly-pn•sideulthoseclclaryot 1 11.,1 n 1 if "lilt • 11,111 Ill' ft d i lit 1 .uy 1 d .till, full p ,,,1 i tutu 11 tv III 11 pn,nl .111I ImI, it' (,It [ fill the ptnltOSCOf 911lttlnll 1 .r'.1 l 111 t" tllp,uq' 1 111.1, ! irllrl 1 t i il'.IIli.+La<If I I I . ntlvlI Ili 1 111, I, It] if) II Ill'' ilnll deli"(I arty orld all floods. I, It 11 [1,111, n 1111. tU 11 .I it 11111 ,n',llunl ill. r 1 51 11 It 1Itp 1 l ors , if I1l,nf.111 t , ht tllven In favkir of any I it 1.16 'i It 1 'r 11 ,.1111' lull ln, !11111 ~,'Iib1tl 111 3f'!,!f th 111C'. 11,1 1 '1111 fl; 11111; 1111. t t`'1 Ira'., ~1 1111111) VI SIau'.(it in,Ore "tlic1111,titk'~rltstdvl.c.nln° 1 L In t)nihl`.llles+,l(1n1.1'ra it Ill( ((Wine rl'dl i+! 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Illy(.lnKh'rlllnell~1v5151n11tiwl'Iklfryu1 IIIVOhloCtISHIIIIII, 5llf.ahcl (r'Ill~~11 ,dof1vl1111)([IIIIVIItdlthefurcr)ulllypniyPiofahOlltCyA14e1e V19erhOO 7 of lilt, bylaws Of du C011lp,myarid 010,111"v o Rust lutloltol lt§ Road of Dlu'k 1( 51 ata 11 Lit! uld l once( l opleA11110 me In frill !1111'" and wheel on Ihi (full, . IN Wl I NFY; WIII.RP.01'. I Iinve hervull1o Bel my 11,110,111.1 Iho wtl of III(. Cnnlp.nly 0115 day of A,1) , 11) „111. tl, 9LALe Z)~'t. r~ Avslilnnt 5aIelmy b 1IIKt(' If Hit'Ifd PROJECT'ND: B CDNTRA(;T NO, THE STATE OF TEXAS § COUNTY OF DP,N'CDN DEVELOP11M CONTRACT § WHEREAS, a developer of real property located in the corporate limits or the extraterritorial ,jurisdiction of the City of Denton, Texas must develop such property in comp'lianco with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alloys curbs, gutters) drainage facilities, water mains and lines,' sanitary and storm sewers and other improvements and utilities, for such new development or subdivision; and MIEREAS, said developer, Teasley Road Associates ~ hereinafter referred to as "Owner", elects to make such improve- j monts hereinafter not forth by contracting with another party, Vloyd Suii.tti Concrete Contractor, , hereinafter -Teforred to as Contractor"; and WHEREAS, Owner and Contractor recognize and acknowledge that tho City of Denton, hereinafter referred to As "City", has an interest in insuring that the improvements subject to this contract, which will, upon approval, and acceptance by the City, become the property of the City, are constructed and Installed in accordanco with the minimum specifications and standards required by said City; PACE 1 y{ i f { WITN ESSETU: fl As to the improvements, as specified in Exhibit n, attached hereto and incorporated herein by reference for all purposes, hereinafter referred to as "Improvements", to be installed and constructed at JV; Addition, Sectivu Onr, the owner; Contractor and City, in consideration of their mutiial promises and covenants contained herein, agree as follows: 1. Contractor agrees as follows: a. To construct and install said Improvements in accordance with the City'n "Paving, Drainage, Water and Sewage Spocifica- tions", the "Denton Development Code", and any other ordinances, j regulations and specifications applicable thereto and to perform j all necessary repairs or reconstruction of said Improvemonts as { required to moot the City's specifications, ordinances or rogula- tions for final approval and acceptance of the Improvements by the i~ city. b. To cooperate with and abide by any orders of the City Engineer, city inspectors and other city employees as to the time, manner or method of construction or installation of any of the Improvements, c That prior to beginning any construction or installation of the Improvements, to furnish a maintenance bond, in form,and substance acceptable to the City, in the amount of 10% of the PACE TWO i I I 5 i contract amount for such Improvements, insuring the maintenance and repair of the Improvements, for a period of one year from the date of acceptance of the Improvements by the City, The bond' shall be in favor of the City and shall be executed by an approved surety authorized to do business in the Stare of Texas, d. Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written "Letter of Authorization to Proceed" by the City engineer, certifying that all preconstruction requirements of the City have been mete e. To hire and retain adequate supervisory personnel to insure that the construction and installation of said Improvements are done in accordance with the terms of this agreement. 2. Owner-agrees as follows; i I ! a, That prior to the beginning of the construction and installation of the Improvements, to furnish a performance bond, in form and substance acceptable to the City, in the amount of 1008 of the contract amount for such Improvements, guaranteeing the completion of the construction and installation of said improvements. The bond shall be in favor of the city and shall be executed by an approved surety company authorized to do business in the State of Texas, b, That prior to the beginning of the construction and installation of the Improvements specified herein, to furnish a PAGI THASS 4 Payment bona, in form and substance acceptable to the City, in the amount of 100% of the contract amount for such Improvements, guaranteeing the payment of all persons furnishing materials or labor for same. The bond shall be in favor of the city and shall be executed by an approved surety company authorized to do business in the State of Texax, i c. To do all thincs necessary to insure that contractor cooperates with and abides with the orders of the City Engincer, inspectors and other city employees as to the time, manner and method of the construction and installation of the Improvements. d. That, no homes or buildings in the subdivision or deve- lopment where said Improvements are to be made shall be occupied by any purchaser, lessee/ the owner or other ~ parson, until all improvements specified herein have been approved and accepted by the city. To insure the foregoing, the owner agrees, prior to the beginning of tile construction and installation'of said lmprove- ments, to deposit with the city $2,000, said amount to be forfeited to the City as a penalty, and not as liquidated damages, shoula any of said homes or buildings be occupied prior to approval and acceptance of said improvements by the City. rorfeiture of said sum shall not preclude the City from taking any administrativo or legal action necossary to prevent or restrain such occupancy. 3, city agrees as followes a. To is.SUe tl "Letter of Authorization to Proceed to tale PAGE FOUR i Contractor when all preconstruction requirements of this agreoment and the City's specifications, ordinances and. regulations have been fulfilled, ii, That upon proper completion o.: the Improvements in accordance with the city's specifications, ordinances and regulations, to approve and accept the said Improvements, 4. It is further understood and agreed between the owner and Contractor that the owner shall retain ten percent of the total contract amount for the construction and installation of the improvements until said Improvements have been approved and accepted py the City. S. it is further understood and agreed by and between the parties hereto that upon approval and acceptance of said improvements by the City, said improvements shall become the j property of the City free an clear of all'liens, charges and { encumbrances of any kind. b. This conUaCt shall bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the terms hereof, jointly and severally. Executed in triplicate this, ;_z4F day of OWNER CONTRACTOR Ter, Kley Hood AssaciaLos Floyd ni~i Concret'ConPrfiCL 's_. fly 13Y . r/! PAGE FIVE F CITY OF DENTON t C J By. G,~ H IS HART NG CITY MANAGER ATTEST, rLdW CHARLOTTr, ALLENO CITY SECRETARY CITY OF DENTON, TEXAS Ailf IGN~Eq N 18 lblM~ Cl1Y A7101MIkYY, CITY (IF aearnn, TtiW I { J r I i i I 3 PROJECT NO, ! CON'T'RACT NO, EXHIBIT A OWNER: Teasley Road ASrocaat,,as CONTRACTOR: VloVd SIrldi Coacreid ConCraclors IMPROVEMENTS LOCATED AT JVS Addition, Section One AS DESCRIBED BEL0V.* 1. Concrete sidewalk- 900' Ci $8= $7,200 2. 6tiard rnil on culverL hoadwulls- L.S. 1100 3. GF-77 parr -odes- 2 Cd $400r- 800 4. f10e grading, behind curb- L.S. 1,000 Total. $9,40(1 a end of section . PAGE SEVEN i =r E ti PROJECT NO, CONTRACT NO. i CONTRACTOR'S DIA N' N E BOND (DEVELOPh18NT CONTRACT) THE STATE Oe TEXAS g i COUNTY OF DENTON § KNOW ALL MEN I3Y THESE z PF2EuhNTS ; That -100,912 'Road Associatc, of Denton COMILYr Toxas , and lltl;'d1ly lv hereinafter called Principal _ l,rts a C o r P anon organized under the laws and aut+ltoiized to do bum ~iness of tie scat of '1•!;\.15 in the 8ta exasa a Sl4utejieipa2 NCO held and Fir mly bound ter, Of here ! Texas hereinafter f ca.lledt^city"in, the l sxon, in Denton c0t;rtt0 the City of benton, penal sum of y1 Texas, ItereinaLttr i1"tne-hmldved torLy (1ollars- ].acdEut Inone l, I nrcenC Y of tile. !]r"ted 940,t)O 1.108) u(' the Lota1 tt Muni: states, t_he For th said : u`m hLnrr , )0111(j our sel v e s Wlrich sum w Lett oC mvrttionen ,uC( r.ssor.,,, joint: ]r ~ our itcirs, execuhoe Lhe iterein ttfte r vs anti truly to be rnctde We t VIP, and stvorally. administraL•ors, and Condition of this Obli';atl1jn is 10JERLAS, tht? such that; Contractor Prinrrtpal entered dated the yt into a certain 1-teormance Off"whiciotin bee contract I i11 rest~r(7 C`-" r A, D,• with copy of which is y of Denton , 1984 , to horeo>, for the constructich hereto attachad , Texas' has all 0Cade a part 11 ttrar~tail., sfdawalk, rand bnrricroi jeg at. J48 Addition , Sec(,)o and _ DEVELOPER'S/OWNER's MAINTENANCE BOND-PACE ONE i I NOW, THEREFORE, faithfully maintain artd iEketeAheinPrioodncipal shall well, l be done and performed for a g repair the work contracted to acceptance in writing' by t}ieetrl of one (i) year from tthreudyr and ate o.f do all necessary work and repair of any defects a co growing out o or arising from the improper work of the same, including, butE not limited to, any settling, breakin 9 condition of any of the work or crackin or other defective 7 excavation, backfillin part thereof arising from improper condition, known or unknown, o at aanytime during the pe cause or bona, which the city engineer, whose judgment shall be ofinal Land conclusive, determines to be the result of defective work, matorials or labor; then this obliq..ition 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 a$ 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 woek shall continue throughout said maintenance period, and trio same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that it any -legal action be filed on this brliflventhe shall lie in Denton County, IN WITNESS WHEREOF, this instrument is executod In triplicate, eaph one of which shall bo deemed an original, this the 19th day of ~i>>>e_~_ A.D., 19 VRINCIPAL SURETY 'frr3rl,!y iiurrtl As?;ocAa(.c'v Ifi f'~! llI' 1:6P f,!fJi RA, ( ~1;O,~IfriNl' BY. BY, !i TORNEY-~IN ACT L / ATTEST: 3* SECRE RY ~...r DEVELOPER'S/OWNER'S MA114TENANCE BOND-PACE TWO Col 11 pall les LIMITED POWER OF ATTORNEY KI' IU'ry' A!,I !,qI rI tly fIif',[ I'r•'! ,I:,II llirrr 1-RIIII lY IINI+/i H.1 i!.. !il;,llmr4l tP'lIeiN}' I rd ' II t- il,! IOIvAL Ill itlRAl!(;!' (:C)T,1V'A.FJ Y, :•,tr3, a ,r,o, il:,t d, I f llUNl i i' i J!:! 117R ,Al 111.. ".'.I I't W KAW;AS, iNC., it r<u~yag t,.P..rutbll I, i,rrcb. f.ur.. M. G. RAMEYf TERRELL III. KINGo III OR RANDALL L. MINNIS - DENTON, TEXAS 1. Ir 1e w i,4 i,iwf.d Alr rn:y(q[.Im1 acL rr lr II IJ, P...rr Ir, 1 If If I,!oI 1-vi ti ,W, . I n,k w !,•r1 'On I jrd alh.1 I. Of r- I:. Bind rl ."-.J.,, fit nILO", ONE MILLION AND NOT LXr. t'. I'I ! CI n~llliul.l l'I (;Por;r'1t'I:r Fr)li; L!irll Qh(c .nl_..irn• I _.r 1..1I:, I,.,p, 3. k( rl.. w`-em /fit l<~r,-U1 1. in•Icrf. '•i rlr a-. ,:N a J. r..,l. Ihl VI! 'f NE SS Y711!°fr!'Oh 1'?N11i1( fIFNIVf F. °rAL It] II.Jd+'.l:. ;'I',,•I =lftli It l'r ',hfn. I;.l r` IlJ SUR,11~K'( r'gl,ti'A!7'? and (!~INII'( II{dIVI RSA!- )PJ;II„5'I(l- i !.7'I 411E ! r i'tir:AS I.1. r..=.. ..,rcL r qurph!r,l qd Vllr vll 1 q v,e hresi~~ls 15th ..,r /JtJNE " 7I 1. JUtllipi F: V'AGAIf C-T-fug.. Sr:Crtf~iAfl~~Y'MH.-_Y_~_ `11 h, i•hkrl~Sj~CNI AUTHORITY FOR POWER OF A_TTTTORNESY IIa rfillli I Y U llll,'i 9",/d It6k)NAPYI f0lYFANI a,J '.["1J1r1 e lA IIC; Is~I I, t,iR;,ry ! f'(~;±IyShE[, I r r~; Pl;rnN n a~iJ lirlt)I; 1 I.1h11 1.1',AL iu rrlhhGl.7J: I r Ifr or uli In Fn~(c rsr ,-I ~ut• •-r 1 a ri1 _d t,e Iir,J ~ ' tv _ r rJ.r. liy r lrr f I I'r "I ,f : : r~, b:r,, ~ II~•. I• I Jr.r I. [ f" .-1 :~h,i, I ~ t I , i .1 yr IC!1 , j f I O{.'k!~ lh,lih fr li r h. f'rt ~r•.r r I r ~rr 1 ,i r r il.. , u,. I I.p, .r„r n,•.:I,! r r ,.r 1,. r r r [r. 1. r ,n I r 1 vlll,t r r I. .Ir b ,I.I I it r I r r t . ~ 11. to r..` k r 4 1 r r r' 1 'r IIr :r n , r n. , • ,n>ri.a• klr Iran, .I l~.r I.I i:Gt Vf D, ln~t ,[ta 11• firr1 r IIL,fn( itter.r rf4!r f• 1F. 1 , r t-i I I, Irl t'r 11 I. rrf lu rt.Ih Ir.t .d....nnl If .rcr•. .I rh,. p,.r,. CERTIFICATION OF POWER ATTORNEY I, J lwltl L" ta.nn, Cop Socrrdo/y: r I TRINITY UNIVERSAL INSURANCE COMPANY, SI':CURITY NATIONAL INSURANCE COMPANY w ,d TRINITY UNIVERSAL INSURANCE COMPANY Or KANSAS, INC. do bolbby e0111 fy Ihr I II,S, N,rlry rr q fYr rlLgi of Illo li,!)rd,. I4 I (]IfpC lots of lhgse ( rrf 'n.~Ilci,,, "'Id 0... Power AIIuAtoy i I { LvPr.r r tl brch+, ne- hoc and torroct and or.. slli In full force and offov, - I I I V'A!ItI-;';: StIE(2L[ r, flm. ] rrr mF~ -ul I , I cal r+:d II:r, :f II I, .ilnit~• r•f Crp:1 / rrpur nli,.n It, r ; e r ' r Iif I '•"I 7f J i! 7f tgyT~ /7 r ~ EAI f I~51AIii iluornlr,.I•Aanh <onr,gl:cru.fAriv 1, 4 IICVe-6~ - PROJECT NO. CONTRACT NO, THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON § WHEREAS, a developer of real property located in the corporate limits or the extraterritorial jurisdiction of the City of Denton, Texas must develop such property in coLupli.ance. with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers ai-A other improvements and utilities for such new development or subdivision; and WHEREAS, said developer, We: tbrooke HbLel Partners 19840 Ud. hereinafter referred to as "Otoner", elects to make such improve- merits hereinafter set forth by contracting, with another party, 4lestbrooke [toted Partners 1984V Ltd. hereinafter referred to its and "Contractor WHEREAS, Owner and Contractor recognize and ackn,mledge that the City of Denton, herei.naftor referred to as "City", has an interest in insuring that the improvements subject to this contract, which will, upon approval and acceptance by the City, become the property of the City, are constructed and installed in accordance with the minimum specifications and standards required by said City; PAGE 1 i I i WITNESSETH. As to the improvements, as specified in Exhibit A, attacned hereto and incorporated herein by reference for all purposes, hereinafter reEerred to as "Improvements", to be installed and constructed at Lot 1, Block it Holiday Inn Addition, City of Denton, Texas, the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follower 1, Contractor agrees as follows; a. To construct and install said Improvements in accordance with' the City's "Paving, Drainage, Water and Sewage 5pecifica- j ~ Lions", the "Denton Development Code', and any other ordinances, regulations and specifications applicable thereto and to perform 611 necessary repairs or reconstruction of said improvements as required to meet the City's specifications, ordinancesor regula- tions for final approval and acceptance of the Improvements by the City. b. To cooperate with and abide by any orders of the city { Engineer, city inspectors and other city empl-,ees as to the time, manner or method of construction or tr,atallation of any of trio Improvements. C, That prior 'to beginning any construction or installation of the Improvements, to furnish` a maintenance bond, in form and substance acceptable to the city, in the amount of 10% of the PAGE TWO contract amount for such Improvements, insuring the maintenance and repair of the Improvements, for a period of one year from the date of acceptance of the improvements by the City, The bond shall be in favor of the City and shall be executed by an approved surety authorized to do business in the State of Texas, d. Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written "Letter of Authorization to Proceed" by the City Engineer, certifying that all preccnstruction requirements of the city have been met, d' e. To hire and rotain adequate supervisory personnel to E insure that the construction and installation of said Improvements are done in accordance with the terms of this agreement. I 2. Owner agrees an follows; a. That prior to the beginning of the construction and installation of the Improvements, to 'furnish a performance bond, in form and substance acceptable to the City, in the amount of 100% of the contract amount for such Improvements, guaranteeing the completion of tho construction and installation of said } improvements. The bond shall be in favor of the City and shall be executed by an approved surety company authorized:to do business in the state'of Texas, b. That prior to the beginning of the construction and installation of the improvements specified herein, to furnish a PAGE THREE I i a l Payment bond, in form and substance acceptable to the City, in the i amount of loot of the contract amount for such Improvements, i guaranteeing the payment of all persons furnishing materiais or labor for same. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do ; business in the State of Texas. c. To do all things necessary to insure that contractor cooperates with and abides with the orders of the City Engineer, inspectors and other city employees as to the time, manner and method of the. construction and installation of the,,improvements. d. That no -homes or buildings in the subdivision or deve- lopment where said improvements are to be made shall be occupied by any purchaser, lessee, the owner-or other person, until a,ll Improvements specified herein have been approved and accepted by E the City. To inoure tho foregoing, the owner a rees g , prier to the beginning of the construction and installation of said Improve- ments, to deposit with the city $2,000, said amount to be forfaited to the City as a penalty, and not as liquidated damages, should any of said homes or buildings be occupied prior to approval and acceptance of said Improvements by the City. Forfeiture of said 1 sum shall not preclude the City from taking any administrative or legal action necessary to prevent or restrain such occupancy, 1. city agrees as Collows a,'To issue a "[,titter of Authorization to Proceed to the PAGE FOUR Contractor when all preconstruction requirements of this agreement and the City's specifications, ordinances and regulations have been fulfilled. b. That upon proper completion of the improvements in accordance with the city's specifications, ordinances anti regulations, to approve and accept the said Improvements. 4, it is further understood and agreed between the owner and Contractor that the owner shall retain ten percent of the total contract amount for the construction and installation of the Improvements until said Improvements have be A approved and accepted oy the City. 5. It is further understood and agreed by and between the i parties hereto that upon approval and acceptance of said Improvements by the City, said improvements shall become the property of the City free an clear' of all liens, charges and encumbrances of any kind. d. This Contract shall bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the terms hereof, jointly and severally. Executed in triplicate this, 18 day of October 1985 OWNER CONTRACTOR Weytbrooke HoLul PrirLnet-s 1980 Ltd, Westbrooke Hotel Partners 1994b Ltd, Lx JP`artner , General Partner Exete artner General Partner B` Partner BXr Partner Phil t Brookes Philip J. Brook e$ PAGE ME it. J I 1 CITY OF DLNTON, TEXAS BY. i 1 A I ACTING CITY MANAGER ATTEST; I R EN, CTT TY 0 DVNTONo TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1 BY l l PACE SIX i 111 PROJECT NO, CONTRACT NO. EXHIBIT A OWNER! Westbrokoke Hotel Partners 1984D Ltd. CONTRACTOR: IMPROVEMENTS LOCATED AT Lot 1, Block 10 Holiday Inn Addition, Denton AS DESCRIBED BELOW; Public waterline extension and driveway culvert, as indicated on the enclosed plans. ff~ i k ~ 1 PAGE SEVEN - KO 28 87 17 4 PROJECT NO. CONTRACT N0, DEVELOPER'S/OWNER'S PERFORMANCE 80N6 (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That Westbrooke Hotel Pertnern 1984D Ltd Of Dallas Countyr Texas, hereinafter called Principal and ineurance Company of North America a Corpora on organ ze un er Ghe laws-ofd-State o ennay van a and authorized to do bus;ness in the State of Texas, ere na tterr called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton Coulty, Texan hereinafter I called "City"in the penal sum of rwenty five thousand and 00/100------ D.. . •....i~ 25,000.40 , aw u money o the Un to States, or the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presen~s: j THE Condition of this Obligation is such that: WHEREAS, the principal entered into a curtain contract with Contractor, dated the day of ~ the proper A.' T 19 , In interest, ape Copymof eWhi +hh le is hereto o attfachedtpand Tmade a as an hereof, for the construction of: port { waturli.ne oxtension and culvert improvernents nt the Dantan Ilolidey Tnn, NOW, THEREFORE, if the Principal shell well) truly, and faith- fully caused to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in DEVELOPER'S/OWNER'S PERFORMANCE BOND-PACE ONE i I i accordance with the Planer specifications, and Contract Documents / during the original term thereof, 4,rd any extension thereof which J 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 and truly cause to be performed and fulfilled all the i 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 waivild; then this ouligation shall be voids otherwise to remain in full force ano effect PROVIDED, further, that if any legal action be filed on this bond, venue .hail 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 contrac..t, or to the work performed thereunder, AC the. Plans, Specifications, Drawings,. etc., accompanying the same shall in anywise affect its obligation on this oond, and it does hereby waive notice of any such change, extension of timo, alteration or addition to the terms of~ the Contractr or to-the work to oe performed thereunder. IN WITNESS WHEREOF, this instrument is executed in tri lAcate, ! each a of wni'ch shall ne deemed an original; this the day of u? r A, D„ 19 ~ PRINCIPAL SURETY j Westbrooke Hotel Partners 1984D Ltd, Insurance Company of North America BY. xeter Partners, General Partner 1~Y Partner 9Y= i roo es ATTO NE -IN AC $274tj4MX WITNESS 7 ~1tstC- ~ Ze. u-, MMMffMy' I _ I JI 1 DEVELOPERIS/OWNER'S PPAPORMANCR AAMn-Phnv mwn ;rte I I I t PROJECT NO. CONTRACT NO. DEVELOPEROS/OWNER'S PAYMENT ?0ND M VELOPMENT CONTRACT} i THE STATE OF TEXAS S COUNTY OF DENTON S THAT We86100ke Hotel partners 1984D Ltd., of Danes County, Texas, hereinafter called principal and ineueancc Compenq of North America Corpora tion organized under t`Fi'e laws o> the State o pPn and authorized to do business in the State of Texas, hnetlr~einafter called "surety", are held and firmly bound unto the Texas ,'e Muni. Cit of D ci e a1 Corporation, Y neon p , called "Cit " in Denton County, Texas, hereinafter j y , and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in r ~ f the penal sum of Twenty five thou-and and 00/100-- I 25,000.00 - Dollars,- lawful money of the United States, to be Denton county, Texas, for the paid is Denton, to be made we bind ourselves, ouryheirs~,fexecutursm dministrators,~ and successors, jointly and severally. THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Conteactor, dated the day of k in the proper r A, D., lg , an interest, performa`ceof c which which isc het_ etoCl att~ached e and jm de%aa p t hereof, for the construction o£I t Wntorlina ezt0neion and culvert. improvoments at the Denton Holiday Inn, DEVELOPER'S/OWNER'S PAYMENT BOND.-PAGE ONE ,:,,r, l 1 I I t Now, THEREFORE, if the principal shall well, truly, and faith- ; fully cause to be performed its duties and Make or cause contractor i to make prompt payment to all persons, firms, subcontractors, corpo- rations and claimants supplying labor and material in the prosecution of the work ;provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly i waived, then this obligation` shall be void: Otherwise to remain in full force and effect, Providea further, that if any legal action be filed upon this bond, venue shall lie (n Denton County, Texas'. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or A the Plans, Specifications, Drawings, etc„ accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby alteration or addition to the any terms of the Contract, or to the k to be performed thereunder. IN WITNESS WHEREOF`, this instr+lment is executed in triplicate, ~ which shall be demed an original, this the aSc day each~J~~a,e [r of4.!L~,~ , A,D., 19 5 PRINCIPAL SURETY Weatbrooke Hotel Partners 1984D I,td, 'INSURANCE. COMP LUCA I By: Exeter Pnetners / BY t /50 9Y1 Phi J roo es 1TTOR EY-INzFAC WTZWK WITNESS NOTEi (DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.) f I AEVELOPERIB/OWNER'S PAYMENT BOND-PAGE TWO • PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE :iTATE OF TEXAS 5 KNOW ALL MEN BY TLESE PRESENTSi COUNTY OF DENTON S Th,zt Westbrooke Hotel Partners 1984D Ltd, j of Dallas Country, Texas, hereinafter called principal and lneurance Company of North America 10 a corporation organized under the laws of the State of Pennsylvania and authorized to do business in the state of Texas, hereinafter called "surety", are held and firmly bounu unto the city of Denton, Texas, a Municipal Corporation, in Denton County, Toxas, hereinafter called 'City"in the penal sum of Two thousand five hundred and 00/100---- 21500.00 bol-- ars, lawful money of the Un to States, the sa sum being ten percent (141) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this obligation is such that= WHEi2EAS, the Principal entered into a certain contract with Contractor, dated the day of , A, D,► 14 , in the proper performance of which the My of Denton? Texas, eas an interest, a copy of which is hereto attached and made a part hereof, for tho construction of: Waterline extension and culvert improvements at the Denton Holiday Inn_ DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE ONE i 1 r NOW, THEREFORE, if the principal shall wel'i, truly, and iaithfully maintain and keep in good repair the work contracted to he 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 aLising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition or any of the work or pact 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 labors then this obligation shall be void, otherwise to remain in full force and effect. In case the said Pri„cipal, 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 'I period, and the same shall not be changed, diminished, or in any manner affected fro.n any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the day of r£ A.D., 19 S. PRINCIPAL SURETY westbrooke Notol Partners 1984D Ltd. Insurance Company of North merica 6Y; Ater Partuera '/A HYt HY: I AT R -IN- CT { CrUI M2 I DEVELOPgRIS/OWNER'S MAXNTENANCE BOND-PAGE TWO I , \ ' ~ Inwrant;epomtsar~yofNodhAmeiiaa \ A-00 Fi Si n CIGNA cornpan, A linnw iiq man by`1 ase pre"cents; Thal INSURANCE COMPANY bF WoRflf AMRRICA,1e owpWillion oI the ~Co ~S~tfnty0iOtto t'71 6h oJtJFb lU1v'fty its orlhCipal ollrCe Ul the city Of Philadolphle F tlnh~i'IV6nla UU+sU6M 10 the Iallowv 110 fto4glwiGp , 4i)utt fyk{ tiY Ih~ da~r4a ~rt 014bf.itlatSatel Gnmpeny on Ooeentber 19n to wit \ \ Jr ~1;% t Yt{t Cv wrnl taal y.~11 r'd! iPr4t Pdrtir.t Ni fdw w%,y nu~re PK ~,+rt ID,N2Viwthr+Dr lkd taMVlnr~l W N 4MN kimud wt N!u2Q\C~wWfflad W,u ' '1i ,HiV{Fro JXkanr,SYi ~n,r«1',lanl an, ttatrlkye•r err Atbeun,YA, 0MV6 0'U), Atl0M'• 1641 hJrAnah[I1UJ'MMtaNlrolihl GDmpM41nf~0a /rgvndf ppn~AMVI k'4:SNn w."it rtvrs it )'s GO;O Wa.+7e'n l.a MoA or tai llrq Ku llra$"w xi,,rMd+ww lit lM 1;Mtw991s bacuw} rr aA)A1• Sllnl(,"ip hatrtttn,t'ii t4i►jIa{yA ~ a nf^ d~ngJ t«vA^4, nY Wlrrbinsbtal aM Se'rDl4wt rrndia~,~Fnr Y'Dar*~iar a+rAU.111Mria i•A4dp6[irJi'_apDDlnraN itvarne lnl r/Mr atrrN D rt N /)r,, YDrtJrq edhilC4±(tntarl te'(u2rnimaueka`^al ievler; otntudir✓e1D1on SAM rat ana'comsanr lndtDbeh+VA 4hrly(lMG9d~aln O4N1e.\ ~ r/ :i~~~ i.\ \ r vv\ r/ ~ r ,~7i ~ J\Of'!t~.ti9S~~+u6l~rhts+eM~',rN N~epea,.~tifMbulfbw+fyuL6n+Md.vt~tir~lovta H,N t~op~ygMagr Mp rn~ACkV lrr~a~eD~ln. <~hCr~~auti: ' ..r, \ ~FA~!"A7v a a~eZ6 Dirtvf+nr N A ykr 6M,aa4r~i b Y><! ~~fYrel nj d t1rl6.JNm Via HOI`d`+nf'Md 1p4 NFf61 W CDr4ntnl,n,l M •1~W PI?a2+~t1A DfiD~Wgp(nrbfbttwxr :2\ \,,ytanwS C~rw10.,pINYt(WD'yea'./[dba{tM5rvn21eitNVnpOtLy'0.,p1 il~tpntrav Kr. aeelNtu M'G~v:4 to rvrr UN~~a Dt~rlvihponN MO~{IO.e pel,~~sl{y : ✓rVy:laay+Qnt. >?tvye nW Mdw at l+Kt~inQtar,arW 9A nA t:CrCty>'!., . . 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INC,. 904 W1 w. AIRPORT r'NY. PH. 214-268400 Citizens Blank IRVING, TEXAS a0ou L%tmu lite PAY +~y 41, ,+ixl# 4r1~'. ADO IenP 20.2395 AMOUNT$2000.0 " 0ity of Denton G ~ of aiw 904 OP II1904C10 Mill ml:I 1 00 29901. 111 S o 115 hill +Ne ARC` , DETACHAND NOSPITAL,TY OCbIONb. ]NO, a 16 1Rea N INNi ne iS Mi EM~cnii0 rt Cw. CORPONAT~ OPPICES WING. TEAS I'll IF H07 COMIltor htAbt NOM" U! MGM,Lif N~ 1rc[,n Or~ir,~o. PH, 9f4-20S-0100 DIL'y%r . POHM T"04 V,111111.460 IPIYINO, TEAS 1901 NNtlIG1 NO, IN VOICE AMOUNT GATE OENACOE E nom p11GNI1T10N - AMOUNT Deposit 2000 0 i E