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HomeMy WebLinkAbout1987 I 4 r f y PROJECT NO. BOG tl CONTRACT NO. r ri THE STATE OF TEXAS § i s DEVELOPMENT CONTRACT COUNTY OF DENTON Oil, Whereas, hereafter referred to as "Owner," whose business address is + S~,' ':4kr# pM1~'., is the owner of real property located in t corporate limits of ~ i,, , the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such < yl development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "~,ity"; r?r r r t, T and Whereas, as a condition to the beginning of construction of . + ILI skid develo meant a development contract is required to insure l that all streets, water and sewer lines, c;rainage facilities and t other impr,remertta which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and #Y, ordinances; aid ~rY a + (select applicatle provision as follows) a•, ( 3 Whereas, the Owner elects to construct the Improvements ~1` l without contracting with another party as prime contractor, in y~ i ~t(i'~ a M1 ~ ~~t v 1 t ~Vypc r 1y~1' '+R+e~•~ «.wN ~.v+~.w.N q,gi4waanrr.+.ws_w~».~i.tiw.w..~.+.re.o.ry 1 ti ~c :,11 . 4l{ L } tify wa„wWw~tlrvw,w'tir~V p.MUw.•. t r al, ~ ~ 1;. m w C`1 T t o i r• 1 , ri ^ + 1 ~ r, r t , a a 1 (,at. t 74~ ``^ry t ~IS it'x n~. 1 S Y 17+y~ 1 fi~ , t Hit `M 1~ i , , n,1~f.i .~L J,, ayi r!'~~' 11; I aP ` . r rS} { , aYl,.a. . ta1 ~ t t ; I which _ase the provisions of this contract which refs: to "Owner" ,yN a. a 7'e or I'Contractc-c" shalt mean the Owner as named above; or a 9 , r I~ ::'J Whereas, the Owner elects to make such Improvements here- ~1`j , V f ~ after set forth by contracting with AI T whose business addreas is yJ~'+ u•as..r~.s~,-~ ~Z~C~ , hereafter t~ referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an wd ~ r in tJre st in insuring that the haprm.,menta subject to Shia agreement, which will, upon completion and acceptance by the City, 4s9 become public property, are properly constructed in accordance `4'`'• ,q• with the City's specifications and that payment is made therefor; X~ y WITNESSETH I, As to the Improvements to be dedicated to the public, as ~ai specified in Exhibit A, attached hereto and Incorporated by refecencn, to be installed anJ constructed at .+.L$ l sa=es 77M r don the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as fol's: 1. Covenants of Contractor. Contractor agrees as follows: #a (a) Specifications. To construct and install the Improve- ' merits in accorda.nca with th% procedures, specifications and i r r PACE 2 . a ~~11J 1.` l1 1~ ' ~ ~ e 7i aE , i d .p dyp _f i i 4f , ! A~ . S a r , ~ 'ri ly y 1' l gv ~ i~ 'ma'y' I -s r 1 + r~31 ,i 1 r, 'fit Vii',: r4 t ,y ♦ L 1 4 r.. ~ 1 p r l yyf ' '~3!'µY'•f / v v C 4 If . ~d~S '*"v r h n~ R"."~ Z ~rl,I.j'4 rt,4'q La + > 1 =7r,\~bb r .l i ~ n.~ . n +'~~~r ~♦a aer~~ Tfi~IY', ~Y ~ ~ N r 0 k's`,~ 1 ~ v ~ t If~1 v , 1~ w ,Il.~u.i$RR~ YyM. 1 'ilk { f..p { standard contained in Division II and III of the City's Standard 11, Ilk u t Specifications for Public Works Construction North Cell Texap, " I as emended, and all addendums thereto, and e ip 4 1! other regulations, ordinances or specifications applicable to such Improvements, such,'+# f specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being mace a part l r t y` , s of thu agreement as though written herein. ~ ~I~r' ~ t ~ sra (b) ,.a+ Authority of _ Ci~ Engineer; Inepectfona~Tesea and a X41 Orders. That all work on the Improvements shall be performed in a c ~f5 good and workmanlike manner and to the satisfaction of the City ,r' Engineer or his representative, The City EngLneer shall decl.de all lk+}~`Miv " r~~''~ questions which arise as to the quality and accepte••il[ty of ,`~,~4' s`, + materials furnished, work performed, and the interp,,,cation of spec ification s.GiPi 4 The Contractor shall furnish the City Engineer or his } " ^"~;r{1 representative witl every reasonable faci'•ity for ascertaining ((x ,`,^t E;7r whether or not the work performed was in accordance with the '~~p~'+i specifications applicable thereto. Any work done or materials 1 e Y~:~i♦ i 113'', r ' f T used without suitable inspection by the City may be ordered ~e•'`' ,t ,n< removed and replaced at Contractor's expense. ± 14, 4 ~ 5 Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work yar, or materials, or to follow any other request or order of the City lff PAGE 3;kr~l t IP, S 4 4 L,}~ r a 1\5,h~1 E~', °h o`,r'' { 4:5 11.. Y y l 1 y '~i~rl w l 0. ^ ! p , " ♦`r (1 . "wr~l. w.wrvr.~..~....lw~...•.....»....._,._. ....ww.++.~...«._-._,.. ` Y ~l5'~♦ 1, 1 l l ` ' "`S r ~ S y A P + 11+h ra'. ~ AI yf ~ iti 3.'1713 a1~1:1 va , e~. ~~,f i.. y1,'1Y 4 i _ i J\[rF 1 A ef~p 1 ~ 1 6 p y {,v n• k, r i ~iuc 4~ 41.,11:1 r , ♦ 1 7 •17r- ~f mR+ ~rt • f~ 1 E rY~ ~ J' ~.•r Yl~u lk 7~ t .,Ir .1 1'xrh~+k~. `10.) M ill^~ e., , ' y s Il~'yys {SF~ f , r 'it t C y r 1 s T r~ ~lp ~ a, yr i t ' ~ t 1 l ~ 1 .jt TrFr'#tl a ti.~~i. Oz, 'r r [ ~ i ly r i ~ t I ~ o r' f t r v P ' r ~~y i ;:'1 t 1~, ~ ~'I 'J , 1 e ~ tl t ` ft~ a t~i rd ,.,lyt ~.r,~~k l.~•~, t'~ I t a q ' ,rr,~~~} LL~ I AF r y 1~~,, i Si t121 k.'A dl ` FY y y 1 ~1} I rf t A. 4~ i~ 4 ~1 ["4 ir: t~ 7TY ,1~' ' I tJ 1 a l 7 t, 41: 1:. { 1 ~ w [ 0A Engineor or his representative, the City Engineer shall notify the,' time ; 1,10 4 Owner of such failure and may suspend inspections of such work Y^r until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no 1 4 obligation under this agreement to approve or Accept the Improvements. a I t' (c) Insurance. To provide for insurance in accordance with t°"b 1,`(s u ~ l y 1 ~1„ Ilrt the insurance requirements applicable co contractors as . provided r41 i,`~. for in Item 1.26 of Division I of the Standard S7ecifications for ~a'r( 4kk, 1++' Public Works Construction. North Contra' Texas, as amended, the kr provisions of which are expressly lncorp.:rated herein by reference,, provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton, a~t'd (d) Cleans and Methods of Construction. That the means and M methods of construction shall be such as Contractor may choose; tr' subject, however, to the City's right to reject any Improvements' k~! for which the means or method of construction does not, in the s~'F judgment of the City Engineer, assure that the Improvements were 1x, M1y1F ~`,.1i' -4° I;~r t•~ !',qtr v1 F~ 4JS° i ;1 constructed in accordance with City specifications. 2. Mutual Covenants of Owner And Contractor. ; I~u Owner and 40 u~,1`1A 9 * COntrac,:Or mutually agree as follows: t ki L 4 gqyc+S'~';I r'$H ~',;1^ (a) Performance Bond; Escrow Agreement. That if building 7J FY la'LI "i r~ permits are to be issued for the development prior to completion itlr`,I; ~s 1 PACE 4 r. , rr 4 ~il~~"' " ~ e ' 1 Y~~ T~ 1 ' aHAB'iSF 7llWluv.rrw«... r • ....n...+rx. _A . t' LJ r w3 f~ , t~ + 7 fly hl ,~I, ,1 , r~ I,y r l er` ; q r,11 FE y/f M Yry~E 1 n 1 r 1 ,94' 1:~ l i b' # E I 2 ~'l' ~'!\s r} r♦~>♦~t~1fF I( { f 1~ ~1 ~ ; 4l' r ~ T, u i., ~ 11 r r ~ aa I JisJ4+ 11 ayr,~Y ~ i p`~ rY; i IY" 1 ~~1"< IAN v r~. SS 1 y 1 51 .t Sil, 1, 5 I ,i r ' '4,' t ry. A~Y~st ,Kr , ) ~Y,}~~.1 .tv 111. irl;, ~ r F• ..F: , i •t'.' j. ~ a' - n~~`~lt~lk ~'NM r ,~MI~`F )i, +.y'; ,~S rt e 5 5 r.. « 1~ i~a S y~r~ xC ~ >i+ -1 (d, , ~ {~1 /qrs. a {1 } b$ .1 r N f~ I C v ~rl 1 t r J' >-1 1 1 e ~``r°. N, ut1 hqq P'',`" r, ` r 4 fit. 1k,~ I x + . 1 , 1 a , fiC r} `vq i• + 6t 4 V}i3 ' 1 Y ' ',,ir rx? .~fid f ♦ l 1 N\ 5 r/ y Y i C J~'~' ~ A.{l 1 Sf ~ , k ,fix J., ~ Y ? 5 f4 Y~ M 1 A { ~ ti i,a ~ M lv' ? `u f r ~Fr ~ 84.+ 1a x.sg7,},~ ~r r~~Arru r''iz'a^, ,.r„1 4µ `4; t ry~f r. I I~r~ T 4 4~ I jj. I y'. 1 i 14 . and acceptance of all Improvements that are to be dedicated to the r 1F< ~rti'a publics Y 17 ',r E•r, , iia 1A.A {i) a performance bond in an amount not lase than the At amount necessary to complete the Im determined b Provements, as by the City Engineer, shall be ^r ' submitted guaranteeing the full and faithful G ti completion of the Improvements meeting the v,t, ? speciflcatlone of the City, shall be in favor of the City, and shall be executed by an approved :i surety company authorized to do business in the State of Texas; or r 4 v I+ , • ~~N Y'; I~FF 5iA ;r (ii) if the cost of completing the Improvement a, et the lX, 1. time building permits are requested, is in an amount of $50,000 or less as determined by the City En ineer, cash money in the amount necessary w1t to couplets the Improvements, as determined b the City Engineer, -ay be deposited with a bank as ` =#t escrow agent, pursuant to an escrow agreement as insuring completion of the Improvements. Jfiy` exce tion, r Without izb't I~~,A 4,1 f be used. the City a escrow agreement form shell (b) payment Bond: Assurance i of Pa ent. That " g - prior to acceptance of the Improvements; I (i) a payment bond will be furnished in an amount not t~1,loss than one hundred Percent (100x) of the approximate total cost of the contract cos,: of the Improvements gitArenteeing the full and proper protection of 411 claimants supplying labor and mr~carial for the construction of tha Improvements, ehAli be is favor of the City, and shall be executed by an approved surety company authorised P to do business in the State of Texas; or rs if the total contract amount of all Improvements is lase than 50,000 and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and hav ll debts due to any person, firm or corporation Irr7 a tern, g furnished labor, material or both in the construction of the Improvements shall be fully rt`r~ paid and satisfied before acceptance of the F + PACE 5 ` Y/ . ~''rl ll r ~ ~YL~'~. n ~ J/F r !;'1I F F ~ Irr. `~'~~RM~'°^.' ..+s+....+..~.wl~t•IM~~~'-'--^~--.~ - _ ' i ~ , BSI. 1 I l,l It VF'.. Yr ,I. r I .Ji1 I y f it I ,°a , 05 b t g , r r ~q~1 ` 19t r r } - ~ 1 1 .t ; ~ tlr:rI r~i 1N~~J 'l M1,.~ ~ I, . ~~,.1~ s+\~'Sk'~. ~~~)rlSgMdk'71`• .,I , C Ic ' t , "ILL ^ `R n, T W♦ e a R c a t 1 4 rY p 4 e ~ I w F S ~ t. ~ ~0 4 r L v a!f r~ r4} a r ~ yy,, I S ,rk~> >7 A r r t ~ rV K® q,,v , N-41 e1y.~` >r Rr~3 ~ tA,j tl"n~p t•t '4'd'~ t`~ 1~"fir i. tiL. 11L M v fit' I ~ . r 5syy'.,a r ~h~ 1 become the 'property of the Clt. free and clear of all liens, Al I ~ 1r 'tc.~J iCM a1, claims, charges or encumbrances of any kind. It, after ,cceptance(°tti 't t 67 i(q k~Af of the Improvements, any claim, lien, charge or encumbrance to Atli made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and w t; i X' Contractor shall upon notice by the city promptly cause such claim, lien, charge or encumbrance to be satisfied and released or i & ~A~ f PSSy , }t~ . promptly post a bona with the City in the amount of each claim, y ' 1\ ;I lien, charge or encumbrance, in favor of the City, to Insure ILI r{ •,a „ payment of such claim, lien, charge or encumbrance. tee Maintenance Bond, That prior to approval or acceptance r(~7 of the improvements by the city, to furnish a maintenance bond in Corm an6 sibetance acceptable to the City, in the amount of ten y«' i w''' 4e (g t 1~ ~1T~~,C, A, let r Y ~J peruc.at (101) of the contract amount of the Improvements, in3uring the repair and replacement of all detects due to faulty material " i. and workmanship that appear within one year from the dace of L' acceptance, The bond shall be in tavor of the City and shall be x e9 . + r li ' , t of le a l „ {~f executed by an approved surety company authotized to do buslnfiss ' +RS,~ t l S in the State of Texas. Indemnification. To indemnity, defend and save harmless the City, its officers, agents and employees from all 4 A~ , ' suits, actions or claims of any character, name and description t}r}' A+~, t brought for or on account of any injuries o: damages received as fy R;p's,'I sustained by any person, persons )r propsrty on account of the t'± PACE 7 err ' S. f r v' A ~ 1 pll ~ a r +l~r.._. _ r~ ~RUUa,miq~'ll/II,PIO er.~r~..~rW.~ ~~.,~~~~.~,T ~RM10.y.4py ' f ({+~Ml '.R A, Y PP n tip" ~ 1 ~ "+tl t ~ ~ t+ A{~. r~ r r R P ~i n to r, R 1 , o'rs' r RRrti ~ r s r 1 \ \ ' d I , rr,,, i tirrfa. .f Y+ R r' , G '.1 t.,; r i r 4 's .F ' ay 0 r ~vvy~i+M1 '.I t a n ' V is ,r Yn~ s ~11t r^! tflr,jl~M F 011 f. ~ + • f 4 " T ~ ' 1~~. , Ii i n i, I,, , " 4 k . a , 1 y ' ~ , i y x~ ` y w~ •n ~ '~r ~ y i'~ ` ` ~ , ~ fi {Y~~n. ZS L+ i` d ~w ri,~ 1 f ~,3~i qd Sy, J~ S.1`1~ ~ L r i (r l , 4' I f ,a ~~41~ Va i,, n V x~r li y"` , c~ +~"ti d a1''i become the 'property of the City free and clear of all liens, cla±ms, charges or encumbrances of any kind, It, after acceptance d 4 d4 of the Improvementa, any claim, liens charge or encumbrance is made or found to exist against they ,+a ~ ~ Improvements, or land ?r' dedicated to the City, to which they are affixed, the owner and b~ws_' a Contractor shall upon notice by the City piomptiy cause such, claim, lien, charge oe encumorance to be satisfied and released or . ~ promptly goat a bona with the city in the amount of such claim, a lien, char(Ie or encumarance, In favor of the City, to insure 'a,tttt 'S + payment of such claim, lien, charge or encumbrancer rol~Wt ~dk 1 !`+(e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in tiY 4 form and substance acceptable to the City, 1.11 the amount of ten percent (SOS) of the contract amount of the improvements, insuring y0., t , 1 the repair and replacement of all detects due to faulty material ldl"ll; n ~tts~.7 and wor.rnanshlp that appear within one year from the date of ' acceptance, The bond Shall be in favor of the City and shall be ` tic executed by an approved surety company authorized to do business . In the State of Texas, ;yx (f) Indemnification. TO indemnify, defend and save F N~ i 41 Lib, Vi harmless the City, its ofticera, agents and employees from all a suits, actions or claims of any character, name and description kk t ' brought for or on account of any injuries or damages received as 'f , . sustained by any person, persons or property on account of the PAGE T ~d , 4 Vi" YYY~' f rye , . I , ' t\~ a~,~~~' J ...7,r.,.~..~...._. - T.n.w.lMyA yp,r..:...,,....~ - - ..,,,.,,,~.Mif.vcwrn ij~AaA.'•, ~ ° ~r + - 11, i. r ' a ? I F1 1 -y i '4 5 { f t H a y'F9rtIlk 7 a 1 I , Improvements by the City and that, prior to acceptafce sk of the Improvements, the Owner and Contractor shall t` • ysw fit. , furnish a written affaaavlt in a form by ~ provided b the t i City Engineer, stating that all bias Charges, acccunts or claims for labor ' r~ a 41 pertormea and material furnish td in w ~y~i.7 ' , connection with the construction of the Improvements Ik q nave been paid in full and that there are no unrelea3ed 3 c recorded liens filed against the Improvements, or land t ' to which they are affixed, that ace to be dedicated to the public, ~f'rr wi~v: o ~As'I Tnat, upon the request of the City engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied r{ S material for, the construction of the Improvements,a,4k and, wnen requested, a written statement from any or each of such subcontractors or suppliers that hey have t been paid in full, (c) Aetainaaes Final Payments, (This "lY* provision (c) applies # {,1 only where the Owner and Contractor ace not the same party. That 1,'t 3Y itW. as security for the faithful completion of the Improvements, u Contractor and uwner agree that the owner hhall retain ten Fsrcent of the total dollar amount of the contract r price until after final f approval or acceptance of the Improvements by the City. The Owner g ya ''y. shall thereafter pay the Contractor the retainage, only after t` • ll Y, Contractor has furnished to the Owner satisfactory evidence that rt ail all indebtedness connected with the work and all sums of money due for labor, materials, '{Y apparatus, fixtures or machinery furnished ~`•`;~d; for and used in the performance of the work have been paid or otherwise satisfied, Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall et'•('; PAGE 6 r"Y"'~'f 1 I': . # a.+ S ~l r' 11 i t .r t S tii a ka 1 r' 1 1 r Y .yy~,. L . F'k r l , i 1 ~f n~„ 4t i f~~ t y~ 1 x , e# f ,I t 7 8 F w. 1, z f a?i I n~+h x r ~Ix ~ , ~v Lj 6 1 f ~r } "I ikh xy\ tx ,ar.l➢~yf'y~~?~ a{ ' Ir,_. r} r}' ^ t i ,r x✓SS F`, viz , } : i. i~b~ Tik k,Y 1'. y S i L r vat ~f ' ~ 4s' ~ . . ~n it t v rn~,. t>;,+x `•G, J . y%'~'i ~x S~ ~~1 k4 5,, Z tt`, jt' ~n r 5y1°'. G ~A I;i ~nr 1~P~~ i'.. ~~Y1l1.fr 64 t z t ' r `,trvi r 1 Y. 1 ~ r i , . d Y aY~Y ~ >rjx L y~l operations of the Contractor, his agents, employees or sub-L x, YLI ` " contractures or on account of any negligent act or fault of the ~q t I ~r I ~5 . Contractor, his agents, employees or subcontractors in construction .o,, F,. of the ImProvementst and shall pay any 3udgment, with coats, which r & ~R W: may be obtained against the City growing out of such injury or damage, a~ (q) Agreement Controlling. That the provisions of this ILI agreement shall control over any contlicting provisions of any 4 (}r t contract between the Owner and Contractor as to the construction s~F 3 C Y, of the Improvements. 3. Occupancy. Uwnec further agrees that Owner will not allow 5.', Ft~ , I It ,t'a $ an} purchaser3, lessee or dtner person co occupy any building ,cis within the development until all Improvements are completed and 4lhy~y[[q ~'t t i .~.A l a 1~ fl accepted by the City, and that upon violation thereof will pay the I t ,•Ir ..ir3 i city $3,000.00 as iiyuidated damages, but such payment shall not oe deemed approval of such occupancy and the City may take what- 'r' rf°'~ s r f ever action necessary to restrain such occupancy. ♦ Pj rlt v 'a j' a .S',axJ, rr 1° 4. Covenants of City. That, upon proper completion of the t 4at~ Improvements in accordance with this agreement, the City ag:eea to t . x ~tf tr, '4l a. 1 ,4•, 4 ; ?p accept the Improvements. Venue and Governing Law. The parties herein agree that s+,r 5. It t tnie contract shall be en[occeaole in Denton County, Texas, and it 4a xJ legal action is necessary in connection therewitn, exclusive venue s x' # Mks , PAGE 8 r~~~,a, ,fix t~~✓ v'r T Mz, r"4 41 , i, a ,v t ~1 ~'i I t 1 , J !i. y1~~{ ' + ` I Ira J r t v. ^^ir Y 40 1 r x'~ J. 4 t r r 1 ak 1 aq-. ~ , r., n J.. if 3 f r % ' 1 J~ ~ n~rT u xa, shall ILe !n Denton County, Texas, The terms and provisions of this contact shall be construed in accoroance with the laws and r court decisions of the state of Texas. 4 r ~ 1 6. Successor and Asstyns. This contract shall be binding upon and inure to the benefit of tha parties hereto, their respective i, successors and assigns. Executed in triplicate this, day of iL , 190 +r' OWNER CONTRACTOR ' -f 4s A,j n + , . BYs SY: 11, 01 CITY OF UENTON, TEXAS ~r q, ; f, CIT MANAGER .1 ATTEST: ` •I i y i lit k "Yen 4'~1 SAgran 7o.Aq,' , CITY/ SEC ET T~tl ,;a CITY OF DEN ON, TEXAS r f ti+~~i 1fL APPROVED AS TO LEGAL FORM: DEBRA ADAHI DRAYOVITCHp CITY )TTORNEY CITY OF DENTON, TEXAS m~^ PACE 9y°:;fir 1 {p t• .j[}~~~TyT,f l 1fuNi Il +11, f,~. 1 k 4 1 del L,' 4 ) z 1 5 Ls. i r A SIT r r' } Al ' + 7 ,r i ~ Jr h~q. tT rC,. ~ 8 tea tr`'" •1 'T4` I "Air v ~~J4 v, y~ ky~,~i i,~ r" 4 ~.,Q ~ .AY ` ,,1; ..~Yr k ; r 11T f r'r, 4 ✓ r#: } ~k} -0 lkr" f~, rll~ " , ' r 54.4 OATS AKDOA'Y) 4-13-87 Y + PPOOVCFR TNIEgq(N1~TV it M IEt.1UlD At A MATTER OF TNF AT 001NNLVY AND ONFCR1 1~TlNO OR AL [A `TN! CTIFCAT 4OAEO~LO !Y Q914 r% E~ tL NN ~A~D, Jack Ball Insurance _ # Pout PO Box 2543 • Sherman, ~rx 75080 COMPANIES AFFORDINO COVERAGE ]AA a k, 4 .N :inEIA1"Y A Aetna Casualty 8 Surety COMPANY t "V + F ~ ~ ° INSUPED LETTER r 3+ I eornPANV Irws.n t1; t SwAlin COtpotation LETTER T ~k PO Box 1081 11 L I; t' y Gainesville, DL 76240 inERNY D, COMPANY 71 r i~, I. LITTER ley S kii Twl IE TO CERTIPY THAT FOLICItI DP INIURANCI LAVED BELOW HAVE SEEN ISSVED Tp THt N/L'RID NAMIC AbpVe FOR THI fOIICY ►UIOO NOtCATSD k ~S 1 C NOTWITHSTANDINO ANY R10UIFEMINT TERM OP CONDITION Of ANY CONTRACT OR Of HER DOCUMENT WITH At`PIC TO WHICH TMIS CIATIFCATI MA'I "F l }kp 1 19NSVED 011 MAY ►IR}AIN, TTHI INSUAANCt AFFORDED IT THE POLICIES DISCRIEED HEREIN IS SUBJECT TO ALL TH~ TiRMI, IRCLUEIONB, AND CONOI• TIONS OF SUCH F ICIES. ,k #LEw CC `C TYPE OF INSUPANCE PC'.C NIJYa E? n+I nC9ti p9 xxr ALL 010113 IN THOVSANC$ OEN[RAt LIASILI7r .500. A ,:r,rs?cA c{N)R~9'LU, M8 AL 654717 4-23-8 4-23-87 ar~Fy %0 r * t' 11f+° I U: A % 018 AL 649717 CCA 4-23-86 4-23-87 ~ "t , X 500L Y $R Aw, ' % 500 qs i a ,m 500 Ali, . At i I .,oRAea/ coAIPENSA11aN AND a 6 `..+1«37i t1 ! r IMFLD rENf ILLerUTr 1~_,. 1.. •5 Ad1Y4 OTHCR 1''n t r y T rr}A , F CESCR.PM1GNOF CPEAArC S...ArIC+,v # [ 1 "A 'A ` City of Denton J tr~~i~ 4 215 E. &YJinney St, ILI Trenton, lk 76201 10 {a, k ~s Attn: David Ayers y e All It' L~ e I, 6 ,)r+ k~ ' 5.11 t~i r i ,it• ~ `•r a + t,q , r '7"AN + r y .,r 1 r mom a ,,q If 1~~r, II, •1 ! 1 t seveoe ^04 ~ ' ah s ~ S • w. srl ePL t" JJ k rt, , r rr~ k;a r v as Is" (Ir r 4 ~ 11 1 ~ ~ ~1 ~d 1 ~ +1 r 9 tS r 11 r } k} { + i~*' a`i~ jr~ay~ ~st r w . ~ rd ~ q 1 ~ ; r r ~ St t k h r r.r c r r , ,j '1e 7 rq. r~ ~7':.~ rl ~ ,.'lA~'Fni~wlMw+..~.._~.v _._~.~._...~•...~...w.s~....~.....ww~t"~IMiVW~IKIR~~I,w, r d 1 ~ rho'. ~A gck'J 0. 'V i^y1F ~ 1 La r t ~a t 1 ~a 1 ~ ~ ~ t i r *.1.4, 1 t 1. r,•~, Deb • r., q 1' t I' 10 ~ +n 3ti ~rl4.' r~4 A _ r r" ,I 1 na ~r.fti4~ A 4'~ I/ J ,r 4y~~a~ pa#T¢'af n tr ~ ~'r7 1>~ ' 4w~ xs ~ r Vsas. £t~trf P 3 3 "=1:1.7i Ci r St r J ~ a 1 a r ~fR~l . FFl' ln, `t z.~ ~ A LI ` 1 ~ J, ' SS7 ~ ~~x , r ~s rr~ ! r f§rr. M4,, r f l t H t' J ay a. n~•r r'r Y 1 tiyjt<'~M ) t i }C`, Y a 1 ttt ' ea ~y pY ar tJ 1 r,i ' " ~ _ _ _ _ _ _ yin,~...P,....,.........-.•._...~,.~..~. 1" Aotiro w~w.rus , i il~~ } n rk, ~k:Ay b 9 i r~ 4 a [,Ep y e , } , w i 6 1" s! +"c as ,x r 4 n , ~ t ~taR. ~ }'+'i I~r ~}Ii ' "y~~1vy , ~ 3.. r ~ a t~ ~ ✓ ~4, ~4'~ $ ~ 1. p~.v ~'lt T" " j~i Ail " PROJECT N0._~7_o~ CONTRACT NO._lr THE STATE OF TEXAS DEVELOPMENT CONTRACT 9 " "r,? COUNTY OF DENTUN 1 Whereas, ,r hereafter referred to as "Owner," whose business address is `"1 v 1 t r rr is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and +'R t Whereas, Owner wishes to develop the property and e+:ch development must be performed in accordance with the applicable $ds>~rA+"' ,Y r~i; ordinances of the City of Denton, hereafter referred to as "City"; a4 and ~+W'a~dd t~ t C rr Whereas, as a condition to the begin:iing of construction of said development, a development contract is required to insure sg3r3~ r,,. .4"4 that all streets, water and sewer lines, drainage facilities and I~ ,Ay other improvements which are to be dedicated to the public,H I Y ~ ~ i hereafter referred to as "Improvements," are constructed in accordance vith tha Cityas specifications, standards and r ordinances; and ;tike (select applicable provision as follows} ( a Whereas, the Owner elects to construct the Improvements to a`4,v e ~S}, . without contracting with another party as prime contractor, in rs . i t A~',,s ~ f t Ff r- / war ; 5 . •--'•+anv,lrQOa , ~s:.pa..-,-..........., - - ` ~ f x r q ~ t I `1 ,i 7 rf r* ; k i ~ . i I~i I+Cw y yr(p jt k ,1 Y' A `k Xe , r °'t w" x P4 °~Y ji ~,ln_ 4 i v, o:~»a~'. a _f t , yiE a, y '`i,Y...• , as w : ~ a. I~,.M,...r+Maifi~7~'~ks1w,-wa-.M«v.a. ....1.~•~ c .'A.. y;t 3.~ ...:~'r[~t4~- i¢„ r R ~ ayr~ ` ? tl 14 1 "F?t r f which case the provisions of this contract which refer to "Owner" k!s` r or "Contractor" shall mean the Owner as named above; or Whereas) the Owner elects to make such Improvements here- after set forth by contracting with A1604r-4M5 a , whose business address is ; wf4'.; 190 Ae 1'7 .2- I~6w/TD A✓ .Y 71 hereafter referred to as "Contractor"; and ' ` Whereas, Owner and Contractor recognize that the City has an M• interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance b the Cit a 0.' q ` become public property, are properly constructed in accordance fir.. 3. with the City's specifications and that payment is made therefor' q~ ' WITNESSETH As to the Improvements to be dedicated to the public, as§ (sf~' specified in Exhibit A, attached hereto and incorporated by rQ reference, to be installed and constructed at o7 Dt s ~ 19 A/0,27'/~' z~., ' _ eorpD ` r I~ r~.y y'~' i t ;f the Owner, Contractor and City, In consideratiun of their mutual fit! promises and covenants contained herein, agree as follows. 1. Covenants of Contractorr. Contractor agrees as follows: (a) $peeifications. To construct and install the Improve- c , 1M1i 5 mei.ta in accordance with the procedures, specifications and b~(}I f+ i 1 0. ,p x 1. v` a PACE 1 u ~fy■'pp~t' 44 c ,rd i i " I. +,1 t -jai 'S'~ ti the r } 4 1. x;. i c standard contained in Division II and III of the City's Standard Specifications for Public Works Construction, North Central Texas, r r}~? r as emended, and all addenduma thereto, and all other regulations,A AD. ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a partf , of the agreement as though written herein. F''. 0 (b) Authority of City Engineer; lnsoections. Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike :Wanner and to the satisfaction of the City I.1~3+ t 1 4 Engineer or his representative. The City Engineer shall decide all ,1* ! ` questions which arise as to the quality and acceptability of c"4~`'¢a`fl ,,i, materials furnished work `o performed, and the interpretation of { specifications. fir? y' The Contractor shall f,rnish the City Engineer or his representative with every redsonable facility for ascertaining i'. whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered r¢~. t~ removed and replaced at Contractor's expense. >~f,e Upon failure of the Contractor to allow for inspection, s ~t~ a 5' to test materials furnished, to satisfactorily repair, remove or , replace, if so directed, rejected, unauthorized or condemned work ±i ~1 t x. 4 i t aj C or materials, or to follow any other request or order of the City ey PACE 3 yy' { r Y _ f• M1 R I t r. N: I ' b ry S. 1 , 1A y x 'y .T It 1, 6, . 1'1 p P Engineer or his representative, the City Engineer shall notify t" ft Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied M y 3 to the satisfaction of the City Engineer, the City shall have no f,+F obligation under this agreement to approve or accept the Improvements. (c) Insurance. To provide for insurance i;i acco.dance with r d'' , the insurance requirements applicable to contractors as provided a, for in Item 1.26 of Division I of the Standard 5perificatlo`ns fcoc ` Public Works Constructlon North Central Texas, as asended, the provisions of which are expressly incorporated herein by k 9 ' 1~9i \r [ S' reference; provided, however, for purpose of this provision only, 3 a "Qwnnr," as used therein, shall mean :he City of Denton. That the means and ` (d) Means and Methods of Conetr wtlon. 1methods of construction shall be such as Contractor may choose; j .3 ht to reject any improvements s{, subject, however, to the City's rig in the , for whick, the means or methc'd of construction does not, ' judgment c f the City Engineer, assure that the Improvements were constructed in accordance with Ctty specifications. 2. Mutual Covenants of owner and Contractor. owner and r Contractor mutually agree as follows: y (a) Performance Bond; Escrow Agreement. That if building f prior to completion y, + permits +:e to be issued for the development PACE r FA y x Jl .y, .4 'i r4 t"raF Ii 71 of .',f°Vv Y " YYi t •J. Y ~11i t Ay,i 'r ,rL° k1 tw and acceptance of all Improvements that are to be dedicated to the yi `r _~~Ibt~, IY, .,r. public: (i) a performance bond in an amount not less than they, amount necessary to complete the Improvements, as determined by the City En ineer, shall be submitted guaranteeing the full and faithful , completion of the Improvements meeting the Za a "r,~ specifications of the City, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or ~i~„ V, (ii) if the cost of completing the Improvements, at their time building permits are requested, is in an~tT amount of $50,000 or less, as determined by the ka ''t€ +4"' i~ City Engineer, cash money in the amount necessary J to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as txFs R. escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City 'a escrow agreement form shall be used va 1 'i (b) Payment Bond; Assurance of Payment. That prior to y acceptance of the improvements: (1) d payment bond will be furnished in an amount not less then one i hundred total cost of the ccontractOcostoof the Lt r ' ~~r k. Improvements guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, +`rr 6 shall be in favor of the City, and shall be executed by an approved surety company authorized L to do business in the State of Texas; or k" { (ii) if the total contract amount of all Improvements t' 1 is less than $50,000 and a payment bond has not been submitted in accordance with (i) above, Ownerv W, and Con, ractor agree and guarantee that any and all del t due to any person, firm or corporation ; having furnished labor, material or both in the construction of the improvements shall be fully paid and satisfied before acceptance of the V , t 1. PACE 5 a. r. yeia~ , { eewW ~t rtYt tP} t.~ '-,e ~'w+. id+~ a,y v M 9 , ~HA'iR~.'.f7fye+~6ii~~MQ~iII~YUnl1'B~tit~~M ` a A F.hhh j Y Improvements by the City and that, prior to acceptance of the Improvements, the Uwner and Contractor shall furnish a written affadavit, in a form provtded by the a city Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the puolic. sex ,'r r r i y C~.. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all tr ' subcontractors who performed labor on, or supplied)` ` material for, the construction of the Improvements,,'`' and, when requested, a written statement from any or each of such subcontractors or suppliers that they have ¢wc1T»'.;,I'1, been paid in full. ; (c) Retain 2e; Final Payments, (This provision (c) applies only where the Owner and Contract,,: are not the same party,) That y" } as security for the faithful completion of the Im rovements Contractor and turner agree that the Owner shalt retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The owner shall thereafter pay the Contractor the retainage, only after Nz ~ i ,pl ~ .t 1 4 Contractor has furnished to the Owner satisfactory evidence that , z'. all indebtedness connected with the work and all sums of money due `1°'' for labor, materials, apparatus, fixtures or machinery furnished Lot and used in the performance of the work have been paid or ~la 5 otherwise satisfied, 1d) Encumbrances. That upon completion and approval or N" P [ 4 . , acceptance of the Improvements of the City, the Improvements shall a 4 p PAGE 6yr' r O,A L~'`~ a 1 I r ' .fit', .en , C JJS~ t y+}t,el -ro'' rih;p~ks y-r~A !y r ' _ ~yt ~,rtl~, ~ =~y~r Fy. y rv~ ~ a A'„«^l v y~'fu Sys a d ` ~ } ~~d ~ map' ' 3 Lis l~aJ, 1~ r x s' become the 'Property of the City free and clear of all liens, v rv Y' claims, charges or encumbrances of any kind, Ft, after acceptance k of the Improvemente, any claim, lien, Charge or encumbrance is ~~".'s l} made, or found to exist, against the Improvements, or land aeaiCated to the City, to which they are affixed, the owner and Vi Contractor shall upon notice by the Cit >c, }F Y promptly cause such ,F'1"• claim, lien, charge or encumbrance to be satisfied ane released o $i{ fixy' it [ ro y~Y ' promptly post a bond with the city in the amount of such claim, lien, charge or encumbrance, in favor of the Cit to Yr insure At oSYret~~ payment of such claim, lien, charge or encumbrance, ~r d % (e) Maintenance Bond, That prior to approval or acceptance of the FmptovAments by tnu City, to furnish a maintenance bond in form and substance acceptabl. to the city, in the amount of ten V~ percent (10%) of the contract amcunt of the Improvements, insuring the repair and replagement of all defects due to faulty material d, and workmanship that appear within one year from the date of `r acceptance, The bond Shall be in Lavor of the City and shall be executed b an approved surety company authorized to do business In the State of Texas, ;'d+ If) Indemnification. To indemnify, defend and save c harmless the City, its ofti.~.ers, agents and employees from all suite, actions or claims of any character, name and description brought for or on account of ar,y injuries or damages received as sustained by any person, persona or property on account of the`{' t i PACE 7 > r, k I j 7 Y. `k r~ n}) yy~~c i a s Q ~.}yt, R. ♦ Y ~ Y y~ y die ~ ! operations of the Contractor, his agents, employees or sub- ru" rk` contractorsi or on account of any negligent act or fault of the r Contractor, his agents, employees or subcontractors in constructioi ~?y of the Improvementsi and shall pay any Judgment, with costs, which may be cbtained against the City growing out of such injury or r damage. (g) Agreement Controlling, That the provisions of this y)`,' agreement shall control over any conflicting provisions of any r contract between the Owner and Contractor as to the construction ) r of the Improvements. au r ~4-, 3. Occupancy, Uwner further agrees that Owner will not allow any purchasers, lessee or other person to occupy any building LCarc"'raYy;;.; within the aeVelopment until all Improvements are completed and °,a. rigg 3 accepted by the City, and that upon violation thereof will pay the a City $3,000,00 as liquidated damages, but such payment shall not Y oe deemed approval of such occupancy and the City may take what- w°~ !RJ ` a ever action necessar y to restrain such occupancy. 4. Covenants of city, That, upon proper completion of the improvements In accordance with this agreement, the City agrees to L'L 3 accept the Improvements, ' ' ti YI. r ar3~~, S, venue and Governing Law, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and it 7 R k3 ~ i legal action is nocessary in connection therewith, excl.,sive venue 74'` `p YI }F PAGE 8 ' I i.< r ; Y 1111{{11 ~s , L K 1 iffy 1 1 1r f.: t}...° w ~.td.. ,Vt-r~tY. }e"~,rny 0 E.J .1..1 41~ 't 1 d S r- lam 1 4 J" J n ` ~y t `I ~4 y 1 ahall lie in Denton County, Texas. The terms and provisions of 4 this contact shall be construed in accordance with the laws and V~' ^ court decisions of the state of Texas. Si 1`, r 6. Successor and Assigns. This contract shall be binding upon' y,' and Lnure to the benefit of the parties hereto, their respective 4,3 L successors and assigns. L , i' 01 Exdcuteo in triplicate this, day of ~ww~ r I` OWNER CONTRACTOR . t BYs avo r, ,i~ rGq~.:, ly CITY OF UENTON, TEXAS S S zt~'#~r 'y '.,+~5r9 Yr E41', , v 1 BY' 4 (:ITY M NA 'E ti 11 A° ATTEST: ti(! Fi c d C LO ALLEN, CITY STCRETATWU C OF ENTONS TEXAS ~1`tife~. 1 r APPROVED AS TO LEGAL FORM: j`»` rG DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON$ 'TEXAS TIJ ~ 1~~~ 1~ ~ i 1 BYS1i S PACE 9 ~ Ky 3 ~y• +,vwe~,w~.wa.._~-. _ __".~w•~yfW~.~,-^__-~.._ .........._.~~n,r•,w wry f 'rt,A + rfit, M t ~ A x y Ir! i i ly Y ~ r } ~ ` ~ t 'ties t"'~" r --l • Page No. of Pages }t ` C ' 00, J i ALIBENESIUS CONTRACTING 1A' N J. -ri r- ~ rAOMS4 tUeMmEO To PHONE DATE it •b RL[ JOB MAIIA t" , s? y , A GfT, STATE AND 21w CODE rob LOLAIION 1 `t ~t~ ~!.4 1 fir; AACNITECi DAtE Of AJ1kt r kk ~'r 'or. NE V We AenDyf it fpacifulilmfdM es' etef for. 1 l' f,. J l' t~ r i`„yx4~lrj r f (le; ~ j r .J I•~tit~*i(:~f /fxM~f Ifs tl~ Yc,:~lJQ frrz f~('.,%4n ioR,r I l r 1 if •'r .~f!rkl-' e~ ro^,A'Pf!/!n/ 0e) 7+- ~~n'l)t) IF~pJ F +ti aJ r 4J r; r" _~~'c'} P/r~ c!` tr!1 , ll' iJ.!) t'w }r;; t. Y%G t ' _ C V!% l'.i C, rn n P! /1,n.'/ T ~ J^!'O car. Y4 [Y7 r. ^ r , ' .~L fi C.~ f{' Jr~ rJ l L t~ f. /.+t C ,7.1 .J a~c.• rlr4, FAQ y U 'r/ I C 7 rJ1..I t~ ~r ' / ) i ( /1 14 1-r t, /l rn c~L) fI II✓~~ GC77) ~ it .r r C! e~ 1} f;' ~j Vs`41f'` fc. l e' F ~.i d/ PO_ 7 (r~ • (1/ p;~r ~J r''~ .aC ~<i /pP `1 ~~4/~ ~'f /1J .N~ s,:, Olaf :r17 ai¢t r A)- lr• ui •'~Q rN A 10f VCppp9f hereby to furnish material and labor -complete in alxordance with above specitlatione, for the Burn Of: •f~;1 'F~° k: v dolla rl (S ~L c. r Fi~mrnt to be m" a1 (o D7f: r iii r• ~t~l A lt?fe"i J~/e I'ldtt//~` _ Syr LA<r) ~L AR maMLl N pinntrad to W M Mk'Rad~ All won be be eomplNwd m a roAmnllfe mennn #,p Wa to its Am d tractkAS A., eltw mt" w 4arlatlan Non Aban 1: ANhOrLVd Ibry M"Wry Arco M% wM M G.K.W 00, epan wrmin o,dan. A.d rA ReaorM eR SI~ns1uN .._{1:-(1::4L l uln oRa b yWA end el Me w tl. AE Ayrn Imes rpr n+d o Ol ppw, Ap.IEanh t . y'.. Ow" man in earwr epeM nlnl by Woo Ow w ENry AN, bmeep e!n.r n+a"u xary Inrunnnby We: Thip p ovl I ul; i pe ? + i , htRy lmen'A CompMl wlbR Imurmpo. rNthdrTRn Yf %I not fArCepftd wilAin In deYf, > Y.° •t~ , k G. 1 1 x' r e p r Arn fam of f rapQBal -fna mbfta prices, sp,,ficnian f f a n ' 4 fI tnd t:on Iti0d/ M 90iffdNO7 and era henDY acwpted, YOU era aulnoN:ed 3j"U'e to do SM wwir at ltfecihdd. tbymeM Will be meG ,f artllned abavt~ V r: ' Oda er AEceptancd: - /!t v '1 !./"Tr: &Crw n spry ri.f c•x,moR ~reo-a..n,a. aw. CF!!~4 re.+.aNS e~w + ~~kR i t .eS r 1 - THAI- oil o ti '^A rE (MM DDry yl _,1/6187 R_____. PROO~CER I' THIS CCA WIC AIE IS ISSUED AS A MA T7 ER OF INFORMA tN?N OHL Y AND COT n IS ELKHORN INSURANCE AGENCY, INC. NO FIGHT S UPON THE CERTIFICATE HOLDER T)US CCPTIFICATE DOE S NO T AMEND, 212 N. MAIN 1XICHO OR ALTER THE CCVEAAGE AFFORDED BY THE POLPI 2ELCW. r P. 0. 80X SAIS COMPANIES AFFORDING COVERAGE ELKHORN, NEBRASKA 68022 COMPAN LETTER Y L A NORTHERN INS. CO. OF NEW YORK ETTER COMPANY B TRAVELERS INSURANCE CO. LARRY AIBENESIUS CONTRACTING COMPANY P. 0. BOX 93 LE?TER C < JACKSON, NEBRASKA 68143 COMPANY C LETTER COMPANY f LE: TTfR THIS TO CEP!IG THAT POLICIES OF INSLRANCE LISTEDBELOWNAVE BEEN AC DlOTE INSURED NAMED NO ABOVE FOR THE FOLICY PERIOD INDICATED. NOTVYI TX9T 1NDTNO ANY REOafIREMCNT, TERM OR CONDITION OF ANY CONTRACT T CIA OTHER R DOCIIMENT WITH RESPECT TO WHICH THIS CERIIFNCATE PAT BE BSUED r# MAY PERTAIN, THE INS'JRANCE AFFORDED BY THE PULICIES DESCRIBEO HEREIN K SUAJECI 10 ALL THE T TONS Of S,JCX POLICIES ERMS, ERCL USIONB, AND CONDd . iR IYPE Of INSURANCE wAICY NL.,IUER ° rl ! s F rnA'„ LIABILITY LIMITS W THOUSANDS I MM7U E I g,. GENCAAL LIABILITY A g l D Mn HlNSnT r7HM GL-68555413 615/86 6/6/87 R' S $ - - w - PH S'OPEP0.710N5 L'NOI Rfi5CA & PR(MI.R Y EFPl0.5+Ci-1 COIIAP$E MajgRD J$ $ P4DOm7s';I)MRLF?EB CPTRAPgNS IuxPEVaNT CON TA?aas S 1 , 000 S 1,000 VXl~(w~ BROAD FDW VR]P ASY DAWAFt rl"AL INJURY PERSONAL INJURY $ 1100D AUTOMEMILF LIABILITY A ANY AUTO WAA-80364631 6/6/86 6/6/81 ALL CY.NED aUI09 IPAN FASyyS ASIr 1. M L OWNrO AUTOS 1KI vI~AN7 ,.w. $ to,: HIRED AUIDS _ _ NCN DW I[D WTDS rwpLRrv G,M, E $ ' WRME LABILRr - A A M CAUSE LIABILITY a UMBRELLA FpgM GGI A po EO 5 S ' C?HCR THAN LJMMXL LA fOPM , In... L•,~W pH, I woRRERr coAEVENSAraN 6-UB-630G869-8-86 AND NEBRASKA IOWA 8 6/6/86 6/6/81 R 100 ` KH AIX INSTI EMPLOYERS' LIABILITY SOUTH DAKOTA 4.500 wIsF A,E Pq R.Y LAEITi -?-THEW-- 100 rDSI EFACHENPLOY[E DESCRPOLYN OF DPCRATIONS&OCATIONSNEHICLES.VFCIAL I EMS PROJECT NORTHWOOD GARDENS SEWER 8 WATER FOR CITY OF DENTON, TEXAS CM1' T J DR. WILLIAM A •CUDD, ill & SHOULD ANY Cf THE APCVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EE• , THE CITY OF DENTON TEXAS PIRATIC DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DENTON, TEXAS 76202 MA0. 1D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' LEFT, BUT FAA UFF TO MAIL SLILH NOTICE SHALL IMPOSE NO ODL IGA tON OR LIABLITY OF ANY KIND UPON THE CONRANY, 13 AGENTS OR RCPPm NTATIVLt dJr~C'HJVII REIaIE¢f 1 -r, I i J fib..-' } ( P u 5 t t. y`4 `I f t ~tfli1 +X r f i , o" ♦ Y tid ~,vy, 1. L S , ` 'F r6 1~ i ~ a4;. a A" A, , 1)791, Bond No. 619624 PROJECT NO. t~ CONTRACT NO.~t' ~ ':•~=t~ ~ CONTRACTOR'S PERFORMANCE BOND NEBRASKA : t 3 ~a ti ' THE STATE OF =AS S LANCASTER XNUW ALL MEN BY THESE PRESENTS: v,Vk- y t yIr ny y COUNTY OF DpDr i i That ~Larry Albenesius dba Albenestus contracting_ _ s¢ o "I k,' ' Count/ of Denton c , 1 " zr of city of Denton L ~sA d, Texas hereinafter Called "Principal" and Transamerica Premier r z - Po- s 1 insurance Company a cor 1 y ration organized under the laws of the State of California ~iR, r ' and authorized to do business in the State of Texas, hereinafter 01 t called "Surety", are held and fi-wly bound unto the City of Denton, Texas, a Municipal Corporst7ion in Denton County, Texas, t, +hereinafter calitd "City", and William W. C%jdd III hereinafter called "Developer",~ in the penal lull of - -Thirty Four Thousand Nine Hundred Ninety !tna and 36/100 lawfl exas, for the payment of which so well and tin Deto Cunt 1A, ruly ntonbeomado, T we bind ourselves, our heirs, executors, administrators and Ar. successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the f S,` Principal entered into a certain contract with Developer dated it as of the~- day of , 19 (the "Contratt"),, A COPY of WErA is Attac a ereto and mawa part hereof, for } yt r construction of Northwood Gardens, City of n-enton, Texas, sower i water , t a4 r rtk" to serve Northwood Gardens an Addition to the City oT`benton, Denton County, exasi .f W 1 i 1 , zrj'c ~ ^ t F ` , 's tLI) r Ni" ]YYr„ ~ ~ ~ 1~?~~\~ M ]4S•41a~G~4J ,~4+ j]!,'h~\~ Vhk]V`ii~e5~~+~^~ ~ y R. 1.o ~ t + ~J, Ise NOW, THEREFORE, if the Principal shall well, truly and E:a faithfully perform its duties all of the undertakings, covenants, terms, conditions end agreements of said Contracts 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 iE he shall satisfy all claims u, l il'~.+• and demands incurred under such Contract, and shall fully << indemnify and save harmless the City and the Developer from all r costs and damages which each may suffer by reason of failure to +y k`' ie de so, and shall reimburse and repay the City and the Developer wx ai+ 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 alt mate uals for or performen` labor in the prosecution o the work provided for in such Contract, and any authorized extension or modification thereof, then this obli ation shall be void; 1" otherwise to remain in full force and effect. sky. PROVIDED FURTHER, that if any legal action be filed upon` this bond, venue shall lie in Denton County, Texas, and the said 2~,~ta 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 accompenyytr the same shall in any wise affect its obligation on this bout, end 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 K 'Y' f c, specifications. IN WITKI'SS WHEREOF, this instrument is executed In tripli- cate, each one of which shall be deemed an original, this the y.r~ > l2 h day of aanuaz. . , 19_M, y~ Aa PRINCIPAL a'• i4 . LPMY ALBENESIUS DIA ALBENESIVS CONTRACTIV13 ' +ryl; BY: SECRETAPY (PRINCIPAL) 4ci~ y 3: kAa ress ~j° kyr 6x. r'tr CONTRACTOR'S PERFORMANCE BOND/PAGE 2 `j Ly , } .t t4'; ~ T .F / L p f ~ t J r4 Sit ` , t 1 qt •t,G 41' a a4 1 -at , z .r 4 Gt J. I'1 t ~ ' ' ~ ~ 1 Yea r y~,S, tE v W MESS 3 it (AddresS { i i. Ir tc+r'G 1 r SURETY I h o, ~TNANSAMERICA PFtEl41ER INSUPANCE COMPANY BY: tiorney• n• act ',r Mbert T. Cirune P. 0. Box 82007, Lincoln, Nebraska 68501rm r (Wur -es 1 ti+yfi I 4%90AS TO SURETY jt+I Betty Krolfels 4102 So n Nebraska 68506 ~ress~ gg , Y a.. rl NOTE: PCkbR OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, ,4tt ~ G~~ , tG-i5e~ i-~1y 'la l91'+ t i t : ~a i 4 v wl ( r, CONTRACTOR'S PERFORMANCE BOND/PACE 3,}, + t~ S IJ I ny ' II.. rq t, ,~.pppp ,0 rr , 1 rte r ,.Y hWr t Y • 4" ~'s+~, £ , 'say ' t .i pa i... c r Transamerica Premierlnsurano:.ompany V, A it RP Transamenica Wmi . e»anc~1d1d4p,.. Insl trance Services N2 0204 K GPA - _ #o r ~~y Power or Atorney w14 only i/ numbered in red - General Power of ANorritty .1 N Know All Monti These Presents, That Transamerica Premier Insurance Company a corporation duly, orgonued and existing under the laws of the y State of California and having its administrative office in hint Orange Counts Califonda, does by these presents male, r:onstime and appoint------ - ; and State of NeD~Sk±1.-,-_ its true p5 , c, and lawful Anomey(sldmFact, with full power and authority hereby conlerred in n, name, piece and stead to execute, eckrowledge and deliver E , __.SQ-NTRACT BONDS S,B,r , and AieemertMAXIMUM PENALTY _~25Q,09Q,O~-- rc a " ~ i - - - - - ---~>1 -THIS POWER OF ATTORNEY_~HAL_k TERI4NATE_MD QE . OF NO FURTHER EFFECT AFTER DECEMBER and to hind the Company thereby at fully and to the aame extent as if such bonds were signed by the President sealed with the corporate so of of ;ha a f ` Company and duty attested by its Secretary, hereby ratifying and confirming all that the said Attamey(s)-in Fact may do In the premises, Said r ki " appointment is made under and by authority of the following resolution adapts! by the Board of Directors of the Transamerica Premier', suronce Company, at a meeting held on the 12th day of June, 1964. + ` s "Beft Resolved, that the President, any Vice- Preside ntany Secretary aranyAmisrantSecretary shall be and is hereby vestedwifnfull power end authority to appoint anyone rn more suitable persons is Anomey{s) io-Fact io represent and ad for and on behaA of the Company subjed to the ar 41 y fellowIng provisions "Stdion 1. Atromeyin•Fad. Anotray in-Fact may be given full power and authority for and in the name of and on 7eheR f the Corrpany, to exetut+, acknowledge and deliver, any and all bonds, rocognuancea, contracts, agreements of indemnity, consents of surety and other conditional of obligatory undertakings and arty end all notices and documents concerng or terminating the tampom/s liability thereunder, and city such instruments ~r 7 so executed by any such Anamey-in-Fadshall bebind'mgultonthe Company is if signudby the President end sealedandanestedby the Corporate wT a ` Secretary." qty"a , vv In Witness Whereof, Transamerica premier Insurance Company has caused these presents to be signed by its Presluent - _ A -fir ~5-~ --and its corporate seal to be hereto affixed this ~-day of x. -ovem AD, 19 YRTy6tEA INp~r+'r , ' • i' v o`~ Pry Tf1AfVSAMEFlICA P EMIER INS NC CO INC06?CRATED ' IULY 1, 1941 State of Cltifomia # * Ai tl`6p , t," y County of Orange : + " J pA11FOF0 enthis-_ Sth -_dalol__- N.OY~mh4T-.-_--- inlheyear -1986-, before ma a rotary public, pw.&I y appeared daC.k_M.--Trapp___ ' personalty (mown Io me to bit the person who execut e4 the within instrument as on behalf of the corporation therein i.amed and yr:;i t a ockno e q d to m, t the a oration esatuted'n, r " v uTrT A AAL r t f< J`+AN M. WY NN •(.~r N:}i r;UL'C C'1+FOa'aA psi:,r FaL CFFI'JE tN `fit + 1 a ft £ouryyr Notary Public 19 y My C0I1141FIPN WIRtt sLe. I1, 19111 x y} Offil r n a or Insurance Company hereby certify that the above and foregoing is afult true and corractcopy of I. the n e i n , r the Grigindt Power of Attorney issued by said Company and do hereby further c'frti fy that the said Power of Anomey is still in force and effect And I do heloby Further certify That the Certification of this Power of Attorney is s'gnsd and sealed by facsimile under and by the authority of the " r y lolkwing resolution adopted by the Beard of Directors of the Transamerica Premier Insurance Company at a meeting duty celled and hold on the 12th T . of June, $984, are that said resolution has not been amended or repealed t_ r sF' ± "Resolved, that the signature of the Secretary or artyAssistanl Secretary of this Corporation. and the seal of ComoretiorL may be affixed ar printed by kt t, r ' i ' i facsimile loamy cenifieste to a Power of Attorney of this Coryowbon, and that such printed facsimilx signature and seal shall be valid and Hodmg t " { r e. ( upon this Corporation," " GIVEN under my hendandthe seal olsaid Compaq We.._21ot .-day of January_ t THIS POWER OF ATTOPI EFFECTIVE ONLY If ATTACHED TO 800 No. TPI 519324 _ Bec,Ner Ey iL ` ` Y ~ ~ 4 r L t 70014A is ar . wd+s'rSi#~llt:reh~r kd.'R'.A~'.Ifa+ah4a. -rl~~ rs . fr. - ~''~,~~7.~'1.+~~q. ~f ~ a~~J, p ~e JiY ~ r ti C !'•k ,T3' A.#{!'^iy. ` , r 1 3,'0 L4yb T4, r Bond No. TPI 619624 Ir ~a PROJECT NO, CONTRACT No. #>07, hh - CONTRACTOR'S PAYMENT BOND a THE STATE OF YAW b ` LANCASTER my~~~'~riy y COUNTY OF KNOW ALL MEN BY THESE • ,iy ~~~+TAi+ 1 PRESENTS. f That Albenesiua dl _Alheneaiua Contta_ tin~_ 1 "~fy U r ty of~~ ~a r' ; ` ' lyd Cuun Texas hereinafter cal "Principal" and ~ineamcrica Pcumier ~.y 7'0"", ,S r i I e, r f r c;; R i J ration organized under the taws of the state of cati[orniar corpo•,. " and authorized to do bus 33 iness in the State of Texas. hare` Let J`a+ called "Surety", are held and firmly bound unto the Denton,' Texas, a Municipal Cor oration in Obnton Count City of Y1 Texas, 1 hereinrfter called _ Ci tY'", and fill is f dLU 'r'te`----~~ hereinafter called ''Developer materir or persons firms and cor )rations who may Perform labor for the bu:wing or improvemetsuhere. inafter referred to in the pollrl sum of ` Nina N Thirt tour Thousand " t u NfnetY One and ~6 _ _ e ,i V~ { 1°"EN! money Of the United States, to be paid in De ) Tax°-, (Or rho payment of which sum well and tru2 nton County, we bip'i ourselves, our heirs executors, administrators ' succesrdrs Y to be wade, Jointly and severally, firmly by th!"e and THE CONDITION OF Presents. • h n Ai THIS Principal entered into acertiln?contractuwithhDevelopersdated i.; as of the 1011, a+~t, (the "Contract"), , , r ~L L. 7~7 , r ~x gg h~ . ~3 ~i' ..f T.''. T y'c a copy of which is attached heretu and made a part hereof, for aye%.' eonstructloli of Northwood Gardens, City or Denton, Texas, Sewer i water Yi 41ti~~ { Northwood Gardens;FS to serve on Addition to the City o enton, Denton oun y, Tx-as, NOW, THEREF'ORR, the condition, of this obligation is such tiF~~r that, if the Principal shall promptly make payment to ill claimants, as defined in Article 5160, Revised Civil Statutes u@ y Texas and all claimants as that term is used in Article 5412d, Revised Civil Statutes of Texas, as recodif led in Chapter 53," Subchapter I of the Texas Property Code, suppplying labor and materials in the prosecution of the work prodded for in said ' Contrastr then this obli tlon shall be cull 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 i 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 5260 Revised Civil Statutes and Article 5412d Revised Civil Statutes, recodif led in Chapter $3, Subehapter~I of the +t. Texas Property Cade, as the case may be. PROVIDED FURTHER, that if any legal action be filed upon p„ a" $ this bond, venue shalt lie in Denton County, Texas. The salh 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 accompan ing the same shall in any wise affect its obligation on this bon4 and it does hereby waive notice of any ` such change, extension of time, alteration or addition to trio terms of the contract or to the work or to the specifications. PROVIDEu FURTHER, that no final settlement between the City +w+' r' and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Jfwy$r3Ki IN WITNESS WHEREOF, this instrument is executed in tripli•E,S7R' ' +r cote, each one of which shall be deemed an original, this the 12th da of Januar, Y Y_ , 19 07 PRINCIPAL LAW ALB£NEStUS DRA ALMESIUS MTRACTINJ r li' tg 1 CONTRACTOR'S PAYMENT BOND/PAGE 2 1 I y ~a L s!~ t. y 4r. 1 t~k...• 1r + `d ~tti . • . it r 'CAai Y 7.a.' yyyyaC n Y,~ti~, t { N 13' " 4 ~ U , r y i .1 '4 y ; fit', i aK + a ' BY hV Ad ass ~y,+ J T I a _ s{ + dye (Address) m JI ~{r M1r SURETY h~ywR«, k ti Tkn,",. - RICA FR 1F EA IN3tlR71NCE COMPA~JY e a" r hip BY: 0'e • xttorney• n- act A~ °x: t, SECRETARY (SURETY) 3 Robert T. Cirona 7 r , ..V P. O. Box 8.bW%~DF91t'~..tiSbfass ty ✓~i? i,'y _Tx33 r e s s L ♦ f "u. is i~~" $~-7CS`fiP SURETY"- Betty ttrelrels p J' 4102 So t uth 37th LtncoLn Nebras g Lass NOTEi POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND ' !1 MUST NOT BE PRIOR TO DATE OF CONTRACT. l4 A~ } . : CONTRACTORIS PAYMENT BOND/PAGE Y".~~ s , r - '~ppryy t ~ Transamerica Transamerica Premler Insurance tgmpany t, °u n,JOMi Min mien Insurance Services y . N2 020$ GPA r Power of Attorney v0d only if numbered in red, General Power of Atoomey Xnow All Mon by These Presents, That Transamerica Premier Insurance Computy a corporation duty organized and existing under the laws of the Y Stale of California, and having its administrative nHice in Irvine, Cringe County, California does by these presents make, constitute and x - appont----- - - - RMERl`T. CIRONE of. ____Ltncoln._.,- _ and State of Ii!0rjikt do true and lawful Attomey{sj-in-Fact, with full power and authority hereby conferred in its name, place and slead to exec-de, acknowledge and deliver - _CQNTRACT_BOfIDS Z5.-8 A Guarantee Agreement) - MAXIMUM pFN 4TY ;250,090,00 y 'THIS _POWER _OF. ATTORNEY 15HA4 TERM0ATE AND, BE OF ,NO_FURTHER, EFFECT, Af1E-R DECEMBE3,31,,190° end to bind tho CompAny thereby Air fully and to the same extent as if such bunds were signed by the Rlstdant sealed with the corporate sear of the i ,r , J 1 Company and duly anesled by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-fact may do in the premises. Said,.' appointment is made under and by authority of the fo0owing resolution adopted by the Board of Directors of the Transamerica Premier rs"itce Company, at a meeting field on the 12th day of June, 1984. rk'r { ~+t'ai I J "Be If Resolved, that tho President, any Vice President, any Secretary costly Assistant Secretaryshall be snJ is hereby vested with full power and authority to appoint any one or more wit able parsons so Aaomiyisl-in F act to represent and ed for and on behalf of the Company subject to the ,y } 1 following provisions; "Section t. Ailomey-in Fact Anomey-in-Fact maybe glven full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and daliver, any and all bonds, recognitances, contracts, agreements of indemnity, consents of surety and other conditional or y , S % nbtigalary unJertakings and any and all notices and documents canceling a terminating the Comparys liability tharwndee end aq such ittshumerts so executed by any such Anomey-in-Fact shall be binding upon the Company is d signed by the President and seated and anesled by the Corporate Secretary," t' f. , In Witness Whereof, Tranaamann Premier lswencs Company his couead these presents to be signed by he President _ and Xs corporals ei1 to be hereto affixed this day of ti f November .A0.190b: --gREtatER rkw 11ANSAMERICA T EMIEA IN NC CO NJ.wamrr S~ ►~b~ ri 1 Y I 1 *1 INCORPORATED : 1UlY I, 1911 ~ ~ ~ , State of Cdilanier t, # It, County of Orange ~AIIFORNtA . Onthis dayoL__,t49V_4Mb t_.__. intheyear _.1g31b___,before me Joaa_M,.14yaa____ IPalely public,personallyappeated Jaf:U. Trap0. PaFINS y known to ms to be the person who ,I t executed the within instrument is on behalf of the corporation therein named and ockno e g d fo m 141 11 it oretion executed it. ; JOAN M, WYNN F IN Fxl OFyL:C IN - , J u 1 C COUNTY Notary Public Ai,+tt Vy COMIP1Oa WIP11 stf.11, lest I k Ps y~ ~~v t>' t the a n n a I r v insurance Company herby codify that the above and foregoing Is s full,true and toners eopy of d. i " the Orig net Power of Anornly Issued by said Compsn$ and do hereby further carGfy that the said Power of Atlamey is still In farce and offers r,f And I do hereby further certify that the Certification of this Power of Attorney is signed and seated by facsimile under And by the eulhodty of the following runtution adopled by the Board of Directors of the Transemerirs Premier insurance Company at a meeting duly called and hold on the 12th P f ' Of June, 1994, and that sold resolution has not been arceeded or repined: "Auolved,601heslonalureoitheSocriteryorany Ass! stant Steel icy of IN iCofpofalion.andthuealofCorporation. maybe offixadorpintedby ty j facsimile to any coliflcale to s Power of Attomey of this Corporation, and that such pflntad facsimile signature and tool shell be valid and binding y" upon this Corporation." 4 4 ; GIVEN under my band end the seal of said Company this _day of Japuary THIS POWER OF Ai10RNEY EFFECTIVE ONLY If a cV o V' ATTACHED TO BOND NO. _ _TPI 619624 Sewell, v aooc~A 10 e, Wit— aaaaaaaan~ l~ t U7u3L Bond No. 7'P7 619624 {y~d° PROJECT NO. 'i CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND if 3 (DEVELOPMENT CONTRACT)r 3?. w NEBRAS THE STATE OF XM#P I LANCASTER KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ➢Q~ j u ~ 1 That Larry Albeneeiua dba A1Deneaiua Contxa£tinq , Of nnnt.,n County, Texas, hereinafter called Principal and a _=.nm, i a ?r Fer Inatxance Comodny' i tea' a " a rporet on organ se un er the awe of t e tats o f ,z andoauthorSzed to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto tho City of Denton, Tex,is, a tfunicipet Corporation, in Denton County, Texas, hereinafter called "City" in the penal Sum Of aa"161,112a r,a, r _UX i tour Nuodr d W t ine and _1_141.0.0- r - (s_?s ) ~aa o era, -IAW u monoy o tfie Unien`States, the ea sum a ng j„ ten porcont (10%) of the total asount of the hereinafter men- tinned contract, for the payment of which sum well and truly to{,, be made we bind ourselves, our heirs, executors, administrntore,j, and successors, jointly and severally. i'r r. THE Condition of this obligation is such that: WHEREAS, the Prine al entered to a certain contract with Contractor, dated the T,f~ day of in the proper performance ~ which the ty o nton, Taxi , has a'Y an interest, a copy of which is hereto attaChad and made a part hereof, for the construction of: A c ngjQ-jd Ga dons, c',uy of pen4QpLTexaa "ewer t Water to y~h 5 C1 11 CONTRACTOR'S MAINTENANCE BOND-PAGE ONE 1!' 1 ,'•t a \°`~ra i ~w.M 4 • Ii G 1 4 . c ~h ♦ Pa {i x'W^nW Asf 5.~ Y n s' i ' 1 al ..a ~'~ew .a• S YS~ioT~ , ,1 ' s~~."~ ; 1 i L ~P ~Fks , a } NOW, THEREFORE, If the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted ii to be done and performed for s period F one 1 x. `r date of accei,tance in writing b ) year from the all necessary work and repair of Denton rowing any t defectivefcondltlonsdgg # A out of or arising from the improper work of the same, includia r ; but not limited to, any nettling, breaking, cracking or Ether defective condition of any of the work from improper e or pert thereof arising xcavation, backflilin compacting or yy other cause or condition, known or unknown, at panyitlmedurin period of this bond, which the city engineer, whose gg ea,„ shell- be fine; and conclusive, determines to be the resulgt meth defective work, materiala or labor; then this obligation shall ; A.. be void, otherwise to remain in full force and effect. off ~ In case the said Principal shall fail to maintain, repalt or reconstruct any defective condition of the work as determined 1`s'S'S herein, it is agreed that the City may do said work end supply such materials as necessary and charge the sum against tF,e said t1i? a`i Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successivef recoveries may be had hereon for successive breaches of the 14. conditions herein provided until the full amount of this bond ' i"N o' shall have been exhausted, and it is further understood that the ` obligation to maintain said work shell continuo throughout said maintenance period, and the savi shall not be changed, ea r r;YS'' 41 diminished, or in any manner affected from any cause during said time. PROVIUEO, further, that if any legal action be filed on this xt bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in tripli- w a rate, each one of which shall be deemed cn original, this the 1j ti. Utlk_ day ;c of senuacv 19 g~ yr, PRINCIPAL 1ARRY AIBENESIUS DBA SURETY AMENESIUS CONTRACTINO TRANSAMERICA PREMIER INSURANCE COMPANY ' a 1 ka„` By l Robert T. Cirona CONTRACTOR'S MAINTYNANCK BOND-PACE TWO E• l t 7 .fin 1 4 y a x i} « r 1 " ti iS 1r,' k mi~ y pia 9, tI~' !N: 1 q. ~ ~ Y 11 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND ~1` ' MUST NOT BE PRIOR TO DATE OF CONTRACT. 9 AI EST' h r ` a ;r r l SECRETARY 4'I Y 4 Y d5 T z s,s y~ H7 1 `r M S 1 Y~VVyy+,,V,,~ t~~ 1Y Ei°,~ g' s. apt 14 5~z i ~ ~rSY~CT 041, 1 r ~f } l 11:x, k o ° r r, 1h~,'1y1 t ~V y 1.: 4T''r ^q f V . ~ VrO~i l~rA ~1 Y~lrl r ~ ) ~r ~ 1 ~ ~ T Ji Y FF 1 1 ~i ~ r yY~~~R 1 + I1t CONTRACTOR'S MAINTENANCE BOND-PACE THREE s •".i;r{h4't _ r i' y ti I 1 l t, ~ e( e, w 3y qy a '13E 1. r i+ 1 1~ ( d ,l 4~ i F ~t:~u^.~'K$.,LL 'ci' ..:an....:: s; r'', ,E .ate-:~.r4A•A+~.e~-hal..~., x. ...ri..w.~.,:J 1:,24sa ..-r..:.... ..~~+..iC~ (.i ~'-di'i T°a ~ 1~j \I'~ ~ 3 t , i TTransamenoa Transamerica Premier lnsursr>ceCompany Ad,,Mmnwa O".a MYr,r CYibmJ - • Insurance Services N D_ 0212 "t w Po war of Attorney Wit ONy,f numbered !n red. pK'^ i Genera? Power of Atlomeyk J ~ obi?eta .t f Know All Men by These Presence Thal Transamerica Premier Insurance Compeer a a corporation duty organifed and existing under the lawn of the ra - ~ State of California., end having As edministnuve office in Ovine, Orange Caunrp CaldomiA does by these pnsenu make, constitute and appoint - r - - _ ------R~BE~ T. CIRONE ~L, , of__ 4lnc0 ln Sra!e ol___ NebUs_ka__----- he true and lawful Attomey(s)-in Fact, ydth lull power and authority hereby conferred in As name, place and stead to execute, acknowledge and deliver (ter s z ~¢N1lACT BONDS_ S B A Guarantee- Agreemen_~ hSA%1MUM PrygLTY ~25O,QQQ~QQ!_ xr "THIS POWER OF ATTQRNEY SHAD TERM(N~TE._AND ar - rfk J' and to bind the Company thereby as fully and to the some extent as if such bonds were signed by the President healed with the corporate sell of the r Company end duly attested by its Secretary, hereby ratifying and confirming all that the laid Attorney(s)-in Fad may do in the premises. Said appointment Is made under and by authority of the following resolution adopted blithe Board of Directors of the Transamarks premier Insurance Company, at a meeting held on the 12th day of June. 1984.{ "Belt Resolved, that the President, any Vice-President, any Seaelaryor any Assistanl Seuetery shag be end is hereby vested with full power and ° e authority to appoint any we or more suitable potions as ANomey(a)-in Fad to represent and act for and on behe9 of the Company subject to this (otlowing provisions: "Section 1. Altamey-in-Fact Attomcy-in-Fad may be given fug power and anhority For end in the name of on; on behalf of the Company, to taararte, acknowledge and deliver, my and all bonds, recognfrances, contracts, agreements of Indemnity, consents of surety and other conditional or obifg atory un denakings and any end all n atica and docuri canceling or terminating the Comperr/e lrebili ty lhenundn, and eery ouch instrumenti to executed by any such Allorney-in.Fact shall be binding upon the Company is if signed by the President and soiled rind ettesled by the Corporals G In Witness Whereat, Trensomadca Premier Inwrance Company has caused these presents to be signed by its President and he corporate seal to be hereto affixed this Eey of ' _ N veme A.D., 19 1*101Eft INS&, ,n TRANSAMERICA P EMIER INS C(([ CO INCCR*BRATED 1, 1941r~ stir "t Stet of California Joy r ' 1 le.; 'ar~S q,. County of Orange } is ~R(IFORNt~ ' Dnlhu__.__ 5th,----_dayof.__ ~-_NSLVgm~.~_-_-___._.,inlheyex_148d..-,before me - -----Joan M._11Ysus- - a notary public, personally appeared __s1Alk IrayQ__ parsonaRy known to ma to be the person who { executed the within instrument as ts Ideni- on behalf of the "ratior, therein named and A r ^ , K eckno e g d to m at lh co oration exeuuad it. uR l" JUAN M. WYNN p +'4 N h vP;F~ L C C'LIrOANIA F Itlr PAL Offr.t 1N - of ..C couNly - Notary Public ~s ~a, rky7. My COMMISAICM tKPIP11 SLR. It, 1981 ~,"ss r l the ern r n a x Insurance Company hereby certify that the above and foregoing No full, true end sorted copy of the Original Power of Altai issued by sold Con }any end do hereby further r illy that the said Power of Attorney Is still in force and affect And I do hereby further certify that the Cartihcstio . of this Power of Attorney is signed end soled by facsimile under and by the outhority of she # following resolution sdoptad by the Board of Durso xe of the Transamerica Premier lneurancs Camp any it a meeting duty collad and hold on the 121h of June. 1984, and that ofd reaotulien has not been smended or repeated' t tY f "Resolved that the signature of the Secret or an Assistant Seae1 of this Corporation. and the -sal of Co option, may be iffxed at printed b r~z1" A` 'u ' facsimile to any cedil ee to a Paver of Attttamey of this Cotporatim end that such printed f cslmile eignslurs end tool sill be vai,d anbinding upon this Corporation," kh GIVENundermyhandandthesealofsold Compaq this ____21xt„-___„_. -day of .~anuarY_~ k+ ~ h THIS POWER OF AITI)FINly EFFECTIVE ONLY IF Sy, ns, - ATTACHED TO ADND N0. _TPx_419fi24__.----- Secretary • S , ouas4A .'tor>,...-.. hoes l L.J rTrr= 1I 151 5` 1 f~~p1~~. y Mgr . r C9 ,4Yq by ,;.n s e r..~ q ~I syCt Lr~ ~ c `t ~ ys .1 ~11r ~~,y r 1 ~tl m . m 4 p I r ~ •r i lr 5 r gl.~. f+WX i}6aj l4m ~S y 6 C. L Sys { 4 ~R I `v 1 'I',i " P d, ~ ~ A -tea ~ + •':rr ~ n f ~ 1 Y 1 J' 0 , ° ~Y„ ~~4 n, ~ , i~', q `~~xq tY ,e§ ~ r •~a~+ry~t a.' G° `{~"~a '3 ~ +j r yr yl x,41 Y rl } t LL M+ F7 r 1 q , :1 lM~L, ~1 at:: PROJECT NO. 07-D.2- : CONTRACT NO. 1, THE STATE OF TEXAS ~S 4 DEVELOPMENT CONTRACT , r. COUNTY OF DENTON Whereas, %ere((afterreferred to as "Owner," whose b'isiness address is kt to e...• v~. ~ ~ F ~ ~ 24.5 , r~ is the owner of real property located in the ' corporate limits o: J~,;,.'•F the City of Denton, or its extraterritorial jurisdiction; and r Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable qpt' ordinances of the City of Denton, hereafter referred to as "City", r IS#,~• rr,r and , Whereah, as a condition to the be;,'. - ng of construction of ~ ' said development, a development contract is required to iisure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvementsare constructed in " accordance with the City's specifications, standards and ordinances; and a. Ld (select applicable provision as Eollowl,) 3 . Whereas, the Owner elects to construct the Improvements without contracting with another party qs prime contractor, in r~~, ry .:r fit, '94f i til .1 _...-^~w.n*+Kwae~HMM7~,w'+w~.wV.~~X•y~yRw:,+...........~.,._ °"",qd~'. t + tV l~Y, .t t a;l ' to a1•.tyr , t i k 1 ~ 1 i• ' ,r t k~~ MGM I s ? which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or YZr Imo] Whereas, the Owner elects to make such Improvements here- ~Fa~ R after set forth by contracting with aTt j whose business address is r }1 i~; -7,T•~- 75~ , hereafter f y~ referred to as "Contractorand ' 1S 3 Whereas, Owner and Contractor recognize that the City has an % I interest in insuring that the Improvements subject to this or C agreement, which will, upon completion and acceptance by the City, ,i become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; !rM " WITNESSETH G Y ' aq' i' As to the Improvements to be dedicated to the ublic as fir' FK. ayr specified in Exhibit As attached hereto and incorporated by reference, to be installed and constructed at a+' lei, t" I r weo T7 e - s' r g ti ~p the Owner, Contractor and City, in consideratiun of their mutual L ~ promises and covenants contained herein, #.gree as follows 1, Covenants of Contractors Contractor agrees as foltowat 4 j. yyn~ (a) SpeciEicattone~ To construct and install the Improve- 7 , a~ ments in accordance with the rocedures"~''c ~ p , specifications and rl ;'Y PACE 2 V, . r err~r~rl ~r~rrW! - - ~ "/.rte. .-~,ti•~ w• ~,r : w s.,, x Y y~d n s is Y 3. f r~ 1 "y;_> ~ i re~~~~rL '~<`~"h~ E~ay~'i° ut& .y `"fi'!•~ < kil f r 1 4y"SYr~ $ r k S~ t' r standard con~alned in Division II and II2 of the City's Standard t.' Specifications for Public the ~.rd Construction, North Central Texas - - - - - - - - - - - - - as amended, and all eddsndums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances being}'`` expressly incorporated herein by reference and being made a part of the agreement as though written herein. ff rlr (b) Authority of Cit En ineer• Ina actions Tests and s.Fr Orders. That all work on the Improvements shall be performed in a ? 'Fcy.• good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of r+4 materials furnished, wor. " l., performed, and the interpretation of b. specifications, The Contractor shalt furnish the City Engineer or his representative with every reasonable facility for ascertainir,d ~u1a whether or not the work performed was in accordance with the rr,"'? t;- specifications applicable thereto. Any work done or materialr a rkt. k,,; 9 used without suitable inspection by the City may be ordered S 4 d,`+ removed and replaced at Contractor's expense. [ f.Mw .t % Upon failure of the Contractor to allow for inspection, r to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condrr.ned work or materials, or to follow any other request or order of the City r N~Yj A..ftx ry k ~ 1 ' g PACE 3 r y J. l w'~~~.iuAAll!Mw.r...a-.+.-.v.rw.nwwrRwr.w. _ r i i r. / y IJ t r - 1 4 rr11 11- ~ ,p ~ C I ~ i.4~~i It v„ ~r t r . a Engineer or his representative, the City Engineer shill notify the Owner of such failure and may suspend inspections of such work a Err' 4iN until such failure is remedied. If such failure is not remedied ~~~z;•, ~ tr ti to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept tt•e ,~."1 t l V Improvements. (c) Insurance. To provide for insurance in accordance with the insurance requirements apj,licable to contractors as provided for in Item 1.26 of Division I of the Standard Seecificaaone for '''b 5 Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, „k "Owner," as used therein, shill mean the City of Denton. x (d) Means and Methods of Construction. That the means arr. methods of construction shall be such as Contractor may choose; f„ ,v subject, however, to the City's right to reject any Improvements E° Ft 1 for which the means or method of construction does not, in the w Ar a gyp,` } Judgment of the City Engineer, assure that the Improvements were constructed is accordance with City specifications. 2. Mutual Covenants of Owner, and Contractor. Owner and (t ,4M` yA. Contractor mutually agree as follows: far ; (a) Performance Bond; Escrow Agreement. That if building y'•~'' permits are to be issued for the developtgent prior to completion ~ "r PACE 4u"rots ~~•+'rwl.,.wnla.AIY.YBWY6W01N'rw~owww'.w.w~ r f~fem. P X11;'.. t. rr•_ i bye, 1 4, L~i~'~:J.''~:G~...~'a'L3:a~ A~~. _1 n.,. ~.~..L>r... ~t1.-:.,:. t: `-...a.,,,.~`.:..~, `~"~T r~y~,~~~~•h~~'R1~ 1 ~ %,r~ J. q A 1~L11jj11 4 • s and acceptance of all Improvements that are to be dedicated to the public: (i) a performance bond in an amount not leas than the amount necessary to complete the Improvements, as determined b submitted y the City Engineer, shall be r~ z guaranteeing the full and faithful completion of the Improvements meeting tho 3tw ' s ecifications of the City, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the 11 State of Texas,, or $r(li) if the coat Of completing the Improvements at the r time building permits are requested, is in an 1 amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall Sze be used. (b) Payment Bond; Assurance of Payment. That prior to ¢ ~h acceptance of the Improvements: (i) a payment bond will be furnished in an amount not leas than one hundred percent (100x) of the approximate total cost of the contract coat of the Improvements guaranteeing th9 full and proper protection of all claimants jupplying labor and material for the construction )f the Improvements, a ' shall be in favor of the City, and shall be executed b an a n' urety r to do business inpthevState of Texas; or authorized *et 4 (ii) if the total contract amount of all Improvements v is less than $50,000 and a payment bond ham not been submitted in accordance with (i) above, Owner; and Contractor agree and guarantee that any and +1 all debts due to any person, firm or corporation 'saving furnished labor, material or both in the k construction of the Improvements shall be fully paid and satisfied before acceptance of the, 1 : i A of 1 { A~~,i PACE S 1 i 1 y4 { ;t \ 4. { v ;r~' • a ~d i a -r: r ~iT "'Tr t s rt~a ' :t,,*~r A• „~+'i M i~'~.,~ rt :y i~'~, •;p.r ~ .',~f'~^.~ , 10 „,r}- ~ltt! i >!'11u '4.'d I 4 17 ' tJ- d ll V Improvements by the city and that, prior to acceptance of the improvements, the owner and contractor shalll:,d f' to a form provided by the furnish a written af.fadavltt j City Engineer, stating that all bids, Charges, account$ or claims for labor performed and material furnished in `y' , connection with the construction of the Improvements nave been paid in full and that there are no unreleased recorded liens filed against the improvements, or land to which they are affixed, that are to be dedicated to the public. 5ti Tnat, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of sall upplied subcontractors who performed labor on, or , ,~~y; material for, the construction of the improvements snot when requested, a written statement from any or - each of such subcontractors or suppliers that they have been paid in full. ' ic1 Retainage-L-Final-Pa MentS. (This provision (c) applies t V r only where the Owner and Contractor are not the same party.) That crk4, as security rot the faithful completion of the Improvements,, Contractor and ~wne[ ayree that the Owner stuali retain ten percent ` % of the total dollar amount of the contract price until after tinal ! P' approval or acceptance of the Imprrvements by the City. Tne Dwner snail thereafter pay tot Contractor the retainage, only after Contractor has furnished to the Owner satisfdctory evidence that aR all indebtedness connected with the work and all sums of money due r d Cdt UB, fixtures or machinery turnished for labor, materials, app { rr. . , for and used in the performance of the work have been paid or otherwise satisfied. (d) Encunhrances. That upon completion and approval or y y, acceptance of the improvements of the City., the Improvements shall PAGE 6 'i y. • et ypM o .Lw~"+c~.s ~.:rY.Yri~~3x+i i ~ a v4~-~S~'+t t~Arj{< R A r ~ 1 ` 17." A ~ T Y f l.. y 00 1; 44; G'ti t a become the 'property of the City free and clear of all liens, claims, charges or encumbrances of an kind Y If, after acceptance ~1'• F'' of the Improvements, any claim, lien, charge of encumbrance is made, or found to exist, against the Improvements, or land , ~ia~a~ tl ` , dedicated to the City, to which they are affixed, the owner and t r„ . l Contractor shall upon notice by the City promptly cause such ^d`,'+K+ `Q claim, lien, charge or encumorance to be satisfied and released or promptly post a bona with the city in the amount of such claim,` { lien, charge or encumbrance, in favor of the City, to insure a?' payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond, That prior t> approval or acceptance i of the improvements by the City, to furnish a maintenance bond in F<< torm and substance acceptable to the City, in the amount of ten ~ L 4 a M } c.} percent (101) of the contract amount of the Improvements, insuring the repair and replacement o[ ail detects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall ue in tavor of the city and shall be S executed by an approved surety company authorized to do business t in the State of Texas, ( i ~yi t (t) ",ndemnification. To indemnify, defend and save % 1 harmless the City, its dtticers, agents and employees trom allI suits, actions or claims of any character, name and description i rdr brought tot or on account of any injuries or oanages received as s ' sustained by any person d 1 , persona or property on account of the ` w{1.~~. `~kr~ YN, PAGE ''~tVi'+JICt+r+aa If Jii~ t ' i X4R 1"~~it a.q-0x ~ ay Z l t.. ~'r1 i ti Y ui1s S:I,e y~M e ~ r ~'tTc {1~ t 1r.~, operations of the Contractor, his agents, employees or sub- fir'^5` contractors; or on account of any negligent act or fault of the X1 { fl, ! 71 Contractor, his agents, employees or subcontractors in construction ,~r~,~~~Cti+ x~y of thu improvements; and shall pay any 3udgment, with costs, wh=ch X17 € may be obtained against the Cit yk y growing out of such injury or ~..t damage. (g) Agreement Controlling, That the provisions of this agreement shall control over any contlictin 9 Provisions of any contract between the Owner and Contractor as to the construction ! of the improvements., >u 3. Occupancy, owner further agrees that owner will not allowq P,ny purchasers, lessee or other person to occupy any building witnin the development until all improvements are completed and s accepted by the City, and that upon violation thereuf will pay the City $3,UOU.UU as liquidated damages, out such payment shall not ne deemed approval of such occupancy and the City may takes what- ever action necessary to restrain such occupancy, e ~w 1. Covenants of City, That upon proper completion of the Improvements in accordance with this agreement, the City agrees to s~~y* accept the improvements. *'re1 eta 3 S. Venue and Govecnind Law, The parties herein agree that r~` , ~'Ir this contract shall be entorceaole in Denton County, Texas, and it legal action is necessary in connection therewith, exclusive venue 1q 1 • 1Y } { y PAGE 8}r ! 4 , A.e , 1 , 'IF 1 ' ! t yy4e ' 4,' , Z I ♦ I I , ~Ir 1e .i ~Lf4 p 7x y fe{ er y ~.41~\< 3a ,l~f t i~'/~~~ e/e.t ♦v4~`m t•' ~~.i„~i~k~' ~ i.p ht ~Yi ~+~S° t ~tf ti U. i aq 3ei A 4 .Ma : r n 1~,r to 11P i 'r t i , L SA- Nx a~. I - '~'ha I , } shall lie to Denton County, Texas. The terms and provisions of i this contact shall be cogstrued in accordance with the laws and Y, ,tire court decisions of the State Of Texas. f 6. Successor and Assigns. This contract shall be binding upon; q and inure to the benefit of the parties hereto, theft respective y` c,14 a successors and assigns., Executes in triplicate this, *-day of W-kav-- , 19~, tia s} OWNER CONTRACTOR BY. Y 4 I 41t. Z' CITY OF UENTON, TEXAS CI MANAGER ATTEST:` CH UTTE ALLEN CITY 8. ETAk CI Y OF D TON, TEXAS APPROVED AS TO LERAL FORM: rrj DEBRA ADAMI DRAYOVITCM, CITY ATTORNEY CITY OF DENTON, TEXAS ;Cy Ri CIF 1 Byt PAGE 9 ,j .:giiNoW'°"w......_.~. t 'i__.,.,...w,~J' Ya leiF~la'""«..'.-___.._._•wa.~s*+.,....-.w,~ur.+a...w,rw+n....... ` )i -e { 1 t f';Fsv~lyK~a~y"ti'~SfY51kMi.°~J. `-f e $ r~1 ft y a 0 0 1 ~ ,~~,,4 map , ob P~>>Y 5~ + t n Sl k +r f A St r , is ~ k n r ,1 p~EIYUIw L~ ....~~..._r.~ r.:~+n•~- «V.. rte... . I 7 ~ r F 1 ""v -0 n r illy i.° ] ~ , : • e ` ~x} 4 ztl ~t }e C,? < i.• y p , ~ ,jetic C X~negg S' . ,Sj y, , S ~ 4,Y.. ,r~4d t ( i 'Lt ~ ~,~"Ct<k.r~~4, is ti+r. ~r "I~ F~~S; ~7 d~, .~at ~.oP , i3 ~c• 00 If ^~F,`} 1tfL?."1 ff r~ ~,C a Proposal No. r i,~~ 2i2? FTO:r. POAi 1"11iITe TFRAF n5O9f• S1sNtNo. Plit 214-442-'094 ;.I Date 1i/2blltR Iar t Proposal Submitted To Worn To Be Porforrnad At v~ T. FRANK 4nTI)D % ~ a StrNt 4,5 Neme yGyI~DYY . c _ ltApt ter+--- Stitt .ViA.!S Strmill_41" 1p:"T I City tees-r GtY Date of Plans r i State Architect a Toler-none Number_ l i ` We hereby pro" to furnish all the materialt and perform all the Ieba nm%WV for the completion of 7 L r it `L iY 9,40(k !9n M S1l R IRx T ANIk'$~ir 0-- Nei. f 9=4; TIMN :A= To 0P4XUATrIT- 1,1113 11:11S 1129k In-At, f ~s ..La.r-j,LI6.G~lS1j3--1A-~tT--LtT~r• 100-mfr-.TrT'~1rit-'eer~+'a~----SSIOs•A-9, t'~- a y 41 tr j , r , L ~ 4 • f All material Is puannteed to be as specified, and the above work to be performed in acccrdarut with the dnwilspt end Ipecifiutioro whmltted for above work and completed in a substantial wo,kmanlike manner for the sum of f,•- y 'n I'i"• fi'f e' *Iir ;.aa ixLU tr ~+`r7 s ^f Dmlaulilns.Ofl.2nf with paYnxnts to tx made as follows. t -FI LS N '.I r I n . SI,,; T ter Vfi Cf• ^LoiCl i l rr^ : s'LL 7y r'l .r,... Any Ntarrinn or deviation Iron above toeciticif involving Stipettfully lubmitted . I entry toed, will is Iaaeabd Only y n WSiHM ordyn, and will delays Spree y Per p" bec0connpln4 contingent D an OrbwnMs to ch anwoge ryt mrie, lf amt to Mda above ,eo the or sat All 4ro~d our 1 nor wtw.y in I' Ifte -CLA"roputst may be withdrawn wienCe vif abora work, workmM's Compensation end Public s U&N nity rneswan.e on above wort to be taken out by by ut it teal stapled within Ito days ' ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are ratisfaclary and ire hereby accepted, You are authorised to do the worts as speel" '7 Y ti lied, payment will be made as outhhed above. ( f ' v. 1 1; _ _t•` S ~ ~ rya x'. n, Ga•e t t $igneture4AL FORM 1070 THE ODE[ COMPANY, PUbL1SHERS, DALLAS. TLl A9 nwn% r • ,.Y1F704Mrv.nw-. ' '"nakNlr t i ' V X 3 , i Mitt t~i~.'ti it SS✓ 'i b 4 \ftr ~N.~~,C-45.. , kS -~~yr, are p 1Lf 4## r::;;[~, yy {y + 9 `rTi."s~l `ti_~' S,ID'xcS~+f i36 r~..'~Ja + C '~R f Performance and payment Bond r; KNOW ALL MEN BY THESE PRESENTS: that Hottp~d Son Concrete"' JW! e: l 2327 Stone Rd., Wylie, Texas 75098 Lloyds, Texas Insurance Company y,i 1XM of auwlN aaPrinelPat, hereinafter called Contractor and. I, P.D. Box 9008, Fort Worth, Texas 76107 The City of Denton, fr as Surety, het einafter called Surety. ara held and firmly bound unNo~ Denton, Texas, as Obligee, hereinafter called Owner, in the amount of Forty Eight Thousand Nine b ,a It . Dollars (S 48,900.00........... Hundred S flo/t00--°----------- - lorthepeYrnenlwhereolConlraclorandSaretybind themselves, their heirs, executors, administrator 1, , yr successors and assigns, jointly and severally, firmly by these presents. t~,Y WHEREAS. 19 , entered Into & contract with owner for ' Contractor has by written agreement dated 4 ' construction of drainage ditch and concrete work @ Insight Development Co., t e,; 637 Londonderry Lane, Denton, Texas a in accordance with Drawings and Specifications prepared by rw~nu wn,n„d,Oh~~~nMW,1nYA! c,'.iM d` which contract Is by reference made a part hereof, and is hereinafter referred to as the Cont,aa. i t NOW, THEREFORE, THE CONDITIONS OF THIS OI3l.IGATION are such that, M the Principal shall p promptlyand faithfully perform said Contract andmake payment to allclaimants,as hereinafter defined, for all labor and material used In the performance of She Contract, then this obligation shall be null and void; otherwise It shalt remain In full force and effect, subject, however, to the fcllowrg conditions: oonlracl price; but not exceeding, Including costs and A) Whenever CoOract)r shall be, and declared the d,ifeult 0under the ,oneContract, Surel,maybeliabllehereunder,theamou t the owner having performe med Ovners obli- e tint paragraph hereof, , gallons thereunder, the Surety may promptly eel subject forth to in the tha fir t pa a graph in Paragraph D remedy the default, or chap tither 1) CompletFthe Contract In accordancewith 3) 1heterm "batanceofthecontract price," i its terms and conditions; or as used In this paragraph, shell mean the total amount payable by Owner to Con. 2) Obtain a bid or bids for completing the lraclorunderiheConlreclendanyamend• Cantraol In accordance with Its terms end ments therolo, leas the amount properly Sureuretty lo of fthe and lowest upon d responsible sible bidder, derby, paid by Owner to Contractor. S or, M the Owner eteets, upon deterrnlnalion P) 1) di aclaimant Is dfined ct conlraet oath he P~intipal orvwi ar by the 0wnerandihs Sur, arrange for a Subcontractor of the Principal for labor, t. , lowest responsible bidder, arrange for a material, or both, used or reesonaDly a, rti contract between such bidder and Owner, uire for use in the Qeriormence of the and make available as Work progresses req Q con, (even though there should beadefault or &rContract labor and material uedtoIncludethatpartofwater,0 s, k ! i #M s suoceselM of delovfts under the contract Orcontracfaoicompletionarraigodunder power,l;gh1.heat, oil,gasollme,totoPhone service or rental of equipment directly Co l of completion less theubonds lanoo of the applicable to the Contract. Y~S t r dr i l~ o- 9 I 43~ ) F 1 S{ I y i u a r tK E 47"x= i t 2) The above named Principal and Surety 0001, ressedlothePrinclpakowner or hereby jointly and Severally agree with Surety, et any place where an office is "A the Owner that every claimant as herein regularly maintained for the transaction *j',` defined, who has net been paid in lull of business, or served in any manner in Jyy a, ' before the expiration of a period of ninety which legal process may be served to the which the last state In which the aforesaid project is (90) days after the date on such af ter the date or tabor was done located, save that Such service need not } t4 ` of be made by orperformed,ormelerialawer&furnished a public officer. t~yeuchdaimant maysueonthisbondfor 2) After the expiration of one (t) year ioi• ff . the use of such claimant, prosecute the ceas dtWo kwon said C ntract,Pit rincipal suit to final judgment for such sum or understood however, that it any limitation sums as may be Justly due claimant, and embodied in this bond is prohibited by have execution the The owner shall law controlli the hM, be tAbz 1 not be liable for the payment of anycosts of such l mitationngshalicbe deemled to or expenses of any such suit amended so as to be equal to the minimum CJ No suit of action shall be commenced here period of limitation permitted by such law. under by any claimant, 1) Unless claimant, other than one having a 3) a ssicthan In a tlon In end for thcourt of e counl competent y oother; direct contract with the Principal, Shall political subdivision of the state In which have given written notice to the following: the project or any part thereof, Is situated the principal, the owner, and the Surety above named, within ninety (90) days after or in the United States District Court for ` such daimanldidorperformed Nelast of the district in which the project, or any the work or labor, or furnished the last of part thereof. is situated, andWelsewheres+ the materials forwhich aaidrlaim is made, D) The amount of this bond shall be reduced Dy~z` ; stating with s,rbstantlal accuracy the t adeIn h good faith hereunder, inclusiveofthe amount claimed and the name of the ,arty DySuretyoimachenlcs'lienswhich towhom the materials were turrished, or payment for whom the work or labor was done or may be tiled of record against said Improve ; ~tt ' parformed.Such notice shall beservedby ment, whether or noldeim for the amount of mailing the same by registered mall or such lien be presented under and against this , p certified mall, postage prepaid, in an envel bond- ti 4 t1 k? F ~r 1987 Signed and seated this 19th. day of January 87 k Holley 8 Son Concrete --(sq (Prrntiq,i _ a 7 J Yil asJ ' Cr ~ ' - fll - ~f (Tub n r- -gkN r . ' Llo ds a in nce C n 15 ',+h• moss) Lisa Mond Irr+.l ~ ey- n-Fact , , ,..__...-.......'.....+wrerw!w~rcvM,nawn.+..-:.. .,.....,.ga9M.iHr''..1,'1M~.,~71~•,rCi:Yil~fil/iFYN~°n"...-..... i L. ~.J y It r L , e 1 1. Pet ~ J Uo C IrF # I ~ J[[~exas~ a~~'r~ T , POtEq OF ATrOR1CY #.Ti? h. YI, pp fLL Iq F MY rRlpnl ,r, 1, 'My M LL9M, ~`e e ! r rOL Iro[[wlnllr. rrK,. . twr pR rrOlr or M n♦ `>rJ 1 rlrrWllr rll M L 11iM R[l\yrl M. YOIRe n M tlUp pr er b ~ w. wv,M IH rnM[rlyL prrlm lw ML~QIp, Y1' 4 ` RCr41Y b 41O LO~.IIrr OM '11[ IM Y1 OI ntl.Mlry, 1111 T. M I'hI S' r '-VC1r M IIIr tl +01I t: _ Q KLIWO A 01r NK.[ r, WIYMnO _ 1 r I r1' M 1 4IMF 1 tPFI Y,., Y Alp b1 QM 1 t[YR liMi Tllt ft tl~ [ N .rWogY NfrI M1M Y .n 4<Y.Iw./KT M101 [[4[M. LIb 0.^Il1K'.rl l[, GAAY V. DlHAAT rxi KRb I a R, MOTIMi .rr l '.r I orola llo l t . RANDY DeWT, BUTCH STATCH, DAALEN'6 SULLIVAN and LISA HORROW In tllu M bOCw/trt &unla aL lKvrN ll IN IIl in Ywul 06m. Ma O /IIL1 rotf .10 •Ir11rCRI rr KRn mv[wis IR In xA~`~:• ! ~ 4 1. Y IH kt MG f4s, Y IoLLO.+: MYR. /L.cl .M TnM. nil Ott, x [xeyn, FT r~. Y' ~ I KL W~I~Oi ~tMY1 0I nl. [MNR. IM In YIIKfi MV IN .C [GAO ~ f.l[ .trplrty.IM.IKT. /ylryNR n M[[ MN fIM ~tf p4 ntll. rp [i.0 LLerm, kl. 'n1. LR KIrN IY,I/1l9 4,0 [bYll[t0. RMf MtYr. MO 1, 1:`' .d j. ' +I' IN rII.RY KRpI, 1 IK.. In Kfl M LLtr1➢i, nJUU IIN W/[[0 Mt rRf[Mrf ro 1'b § w IH tnT IM /.R. 4rrrf, nw elolT llvvl 1 vim Mf'oew. aMr In e { r,T ORyR t~ H t KRTr UII Rf. HC(rOrIKR, 1 Y TG~,~.. r . ~4N10(+ 40Tm. RLf Uc[rfrl li R. IK, ` #r L c ' J nS n L. nrr 4-~ xWM.A ~„1 ~ I ~ . "r i mR b TtrAr I . SI t[Yrtr b ttlYlli 1 { d. } p M1H Ift YY b p[tOt[, It1l. i[M1 Ii M [Irb[.t tll, r111YrulY [AIt IYSn f. JOIrPM yr M LLOr11f. rGl i YLLII[IIIRR. 11C. ro R RU6 I[ w M nfn b r[IYr *AT feMll tll)O yO wo. Ss Yt rl0 [Ya/Tfr M r'tRCIM I JLLV Yo.R Tot M IY.v1A1IL MO butt. aKRrrO ~Iw, 1 T~ TMV M It M bt1Q11 b YIO m111rr1 vifalr }tu(rM IRK V~ A9 M _ Ma t Ills t~ H rM n 1t M1tLT craw. , Wri.l/, [Ofyry. M "0111 IAMhYI~n i[tlL, ,y0 ilsln M[[el.f IIYTRyIR ,i ~y[e ITV ns /IfeRIW Sip, M Yle Tttl[. Y M b/IC[r KR YAr "I'M, Mm r!Y[ritO ro M iM11f Irfrl[ N MYrllttp ~y ' [OIffY. [tlrOMrlp. YO TM? M KfOURIp OI YIS [WMn, RR we n IR M MmIM IMn4.fR1?. 1[ Ilm to j IR RItILp1 KIYp• I MR RRSM[I I cl FI .[t r./ rWO. UY Y[I R[ IIt VrICIK 1[aL It MMrrpl + lbV.f, M YT MO t4r .bA rRlrlpl, 1 r e`%6 'IiljMM r rCl. YI[, VA Or 1[11,1e ' M mrlrnp aalt[f u. u.ff v`Yt. I~:. 4 fhn r r[RY '•1•, mirth b M m,'s f QnIllGm 1. M 1M1[RIrHf. Y[I[TyT YCIRYy It pr llyq. Rw 1!C[IrRRI nrY. IK M KrfN CITI/Y iWl M IOR yprq IVIII O/ .14KY Ytl lflfrlrltaH b.Wr19RI h' Ir iM PaL rOltt Me, Mar MOt M [YMY b rIRtHR, Y tl rOlr'M IM tlM1 TWR[. I! MO a M QIrIIIUR M/rlarll n. aIR Iq In rp.[j. M1IITR MR' rMal M RR4N'M b frM9 Mp lrtLO .f M 1.19 CrTMrV, II) IM/Tp. 1[.Y/ ynO MIr rrl MT b palptlli 111f. ~e~MOC. f ' ~ly, ~t ~ ~g rRLp L, IaTLIII ~r,flNMrt tcIRT./l f R a, IR t[ftltNry motoI, f WA teRLMly fI goo, N / / • nM ra Arrlto M l,-J Ii~2, , rlt a (I 1 RRV.Ie i ter,. 1 4+11 , I 1 -R---- yr.~ , ~ti.1S:},;.+iYJifWi ~>S .i~~Y rW e: ti~~ ~ ~ 1i ~ t~Y~ ~ i.' ` ` ~ y ~l~l j t y 1 ~ y" ~ ~~P i y F~ ,1 fr ~ 1 ~9~~1 . k v y > r 'I, t e5 ~ e 9 M t ~ ~_,1 cp w~ ,x f ~ fts: ~~S r-, _ " ~ nti ,u ! I ~ ~ hr ` 111 } py~, A t, ` a 1 r$f. t`pE F f I E 1 r ,A ~ ~ :y . Z.~ . i ~ .,.r...... I ~ _ . L... i 1.~ A J r 1 V , Are ~"}e ie~ ' 4 S ~ , S P S 4 Sty 1 e Y S I J' 1. J @a c y fY. +t ; ~a ,F 1~ 31,'lAk~,St9,f E' k. i,F;i tK 7,. x.t 10mrill Pig 111M11 ° zflt q f J~ v , lI , PROJECT N0. -rXID $ w4 CONTRACT NO. THE STATE OF TEXAS ~ ~'IaF~>'; DEYELOPHENT CONTRACT COUNTY OF DENTON Whereese tumbarkbad Orerbytarian 41idron0o Ho"$ ,9 hereafter referred to as "Owner," whose business address is r~1304 Bernard, Denton, TX 76201 is the owner of real property located in the corporate limits of St's ek Y the City of Denton, or its extraterritorial jurisdiction,, and Whereas, Owner wishes to develop the property and such *r` development must be performe'_ in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction ,t, Ilk, said development, a development contract is required to insure p` that all streets, water and sewer lines, drainage facilities and " other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances, and [select applicable provision as follows] s,t [ ] Whereas, the Owner electa to construct the Improvements 1' i.3 4 a e 4,' without contracting with another party as prime contractor, in 03,, , awm 3carbrr',""w..e.w..r ~f/# ~pyr>•,••~• +.....~.x~xr+rwxirr sMpfWRA1R{nf,'71asa1vM,tW51RW+11RM' •~7 i, It CK7 'f V ` l C 1 ~'¢rr ~ C ~ PI y l~ Rh F" s p~'i a'k S w i.i i# t ~ A: r r 'SG,7 i 9i~n~ r y i~. u ~ i h~l'~ $'a2 . r b 4 fc 4~~ F:.~ ♦ 4 a ` i r ti % rtiia}~',s ` r 9 which case the provisions of this contract which refer to "Owner" y $I`,, or "Contractor" shall mean urF the Owner as named above, or n4 r ~ it r xaxxltx 1 whereas, the Owner r,. elects to make such ~,ptt'., ! after set forth b improvements here- by contracting with 1. 3a -Mar Corporation by 4f 9080 H 218[ whose business yt t ` addre a ` Dentnrt, Tx 76205 se is referred to a " , hereafterk s Contractor"; and w whereas, Owner and Contractor recognize that the Y{t Interest in inaurin City has an ~4 g that the Improvements subject agreement, which will to 'this , upon completion and acceptance b become public by the City, `4w r. Property, are properly constructed with the Cit ' in accordance Y s specificd[fons and that payment pis made therefor; ~ ' WITNESSET[J * the ~a e , r As to improvements to be dedicated it'rtta; l specified in Exhibit A to the public, as atteched hereto l~ reference, to be and incorporated b installed and constructed y Presbyterian Chilren's Nome Addition at Cumberland a , Canton fnunty,_qTxsq the Owner ~ i , Contractor and City, in consideration of their covenants contained mutual is Covenants of herein, agree as follows; Contractor Contractor agrees as follows;` ' {a) S ecificat~To construct and install tha ImF meats In accordance, with the +r,OYp. • i}I I procedures, specifications and 7M 1~ s' PACE 2 f _ { A#.tRY'~ i'Q~.R16P'.{G'!~t?9EM' .FJe, 1 }1 } 1 s Y11 j r-, ik c~ li MJ t~?: ~ f > i~ `L~ 'ad ~:~~L {l~A~k €~+C 0 P;} nGV~1 c-N'_^y f : ~.r* 1_.+. ~F it ~l + 1 s~ fit' :r r G ie yP~: standard conkained in Division II and III of the City's Standard f4t~.r. Y: }j d 3 0 y t,1 1... Specifications for Public Works Construction North Central Texas ,Y as emended, and all addendum, thereto, and all other regulations, y fi ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and " ordinances being expressly incorporated herein by reference and being made a part k it of the agreement as though written herein s+! i (b) Authority of City Engineer; Inspections Tests and ~$~ry " 0r-.'era. That all work on the Improvements shall be performed in a good and workmaniLke manner and to the satisfaction of the 'City ~N sew. Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of Z metertaly furnished, work performed, and the interpretation of t S ~ ~o j specifications.` S?. The Contractor shall furnish the City Engineer or his , representative with every reasonable faculty for ascertaining i whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered I removed and replaced at Contractor's expense. ° Upon failure of the Contractor to allow for inspection, I to test materials furnished, to satisfactorily repaLr, remove or j~ ~n5z I4 ,1 ~ r, replace, if so dirar,ted, rejected, unauthorized or condamned work r, Fz or matertals, or to follow an other re u at or order of the city Y41rk j 1 1 i PACE 3 S r 3t/ 5y ~ k f ~ '~x,. ~`+~~«~ta~a.w r. ._..__~..c~w~~y„~,kl~Ile~An N'~$4~t4~ann swlswa+M.7cY'A~'J1RA4j9W.R!K.I+M7.~./1!!'M7C~A1F, ',{,I~~i F ( a.k1 1 1 .fin q { )h ) , i t. k3 ~4 I 'T' r}{{} ,yr,~,c• 1s , 1 Engineer or his repreecntative, the City Engineer shall notify the s, t Owner of such failure and may suspend inspections of such work t 4,-'. ` until such failure is remedied. If such failure is not remedied tf° e ~ to the satisfaction of the City Engineer, the City shall have no g ;1, obligation under this agreement to approve or accept the Improvements. #k, x 5 s (c) Insurance. To provide for insurance in accordance with s the insurance requirements applicable to contractors as provided ' ' for in Item 1.26 of Division I of the Standard SpeciEicatEons~•[ar1} ,Fbd~'r,'.: s Public Works Conctruction North Central Texas, as amended, the provisions of which are expressly incorporated herein by I!." reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Nean`_s`and Methods of Construction. That the :deans and methods of construction shall be such as Contractor may choose; P` X subject, however, to the Clty' . s right to reject any improvements for which the means or method of construction does not, to the r judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2, Mutual Covenants of owner and Co` nor Owner and d Contractor mutually agree as follows: I i (a) Performarica bond' Escrow A reemenk. I That if building permits are to be issued for the development prior to completiui ~ PACE 4 i ' ;iy (w S 1111 """a,4t~itx.,F.'.nsra^,....._.. .,...~•~r~e~arwraswz~u{t+~•a~~~l~'s,.4t~,tit' 11 w 4 n ~'da rail it' ~ S ~ fin: i 1 l end acceptance of all Improvements that are to be dedicated to the public: (i) a performance bond in an amount not leas than the amount necessary to complete the improvements, 3s t xK determined by the City Engineer, shelf be submitted guaranteeing the full and faithful r completion of the Improvements meeting the Jq,, specifications of the City, *hall be in favor of d 1 w~~, rya the City, and she11 be executed by an approved surety company authorized to do business in the 1. 0 State of Texas; or ~r ~x (ii) if the coat of completing the Improvements, '.t the time building permits are requested, is in an y amount of $50,000 or teas, as determined by the City Engineer, cash money in the amount necet'sar ( it 4A „ to complete the Improvements, as det: ,mined by the _r City Engineer, may be deposited w_th a bank as c,r6i lia z`- escrow agent, pursuant to an escrow agreement ~r insuring completionef the ImprovementaF Without exception, the City's escrow agreement form shall be used, i (b) Payment Bond Assurance of Payment. Viet prior to e F'~ acceptance of the Improvements: ( rah . td \,7 (i) a payment bond will be furnished in an amount not " r: less than one hundred percent (1001) of the approximate total cost of the contract coat of the ~r v 4,u ~ improvements guaranteeing the full and proper protection of all claimants supplying labor and ti r F s material for the construction of the Improvements shall be in favor of the City, and shall by i executed by an approved surety company authorized to do business in the State of Texas; or (ii) if the total contract amount of all Improvements is lees than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner {d 4,' and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the 2'`y* construction of the Improvements shall be full t.' j' paid and satisfied before acceptance of the ' 3 PACE 5 ~~~eP ~ •I 1 c a j i, , 1. 4*tIA'aw 1.M+~n^. tinM1uKN.~a. p\NIM1 Iii 1 ` .h P N~ t r,?tr t w: L I' , y ~ ~v ,ti f 6 9ti;. ' r`" , . l ~ ado n TE;. ~ 1, l y F 1 ~i 9~~t1 D L Improvements by the City and that, prior to acceptance" , of the Improvements, the Owner and Contractor shall rl'r furnish a written affadavit in a form provided by the 4 °r 5 4~ r'a R City Engineer, 'stating that All bids, charges, accouhte dt 1,. or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased s 7 recorded liens filed against the Improvements, of land to which they are affixed, that are to be dedicated to the public, That, upon the request of the City Engineer, Owner or µ Y i contractor shall furnish a complete list of all ; subcontractors who performed labor on, or supplied material for, the construction of the Improvements, co, and, when requested, a written statement trom any or ' each of such subcontractors or suppliers that they have ' been paid in full, +c) Retalnayet Final fa menu. (This provision (c) applies r~$ oaiy wh,)[e the Uwnet and Contractor are not the same pa[ty.l That, as sec,jrity for the tdithful completion of the Improvements, v,.'• Contractor and owner agree tnet the owner biiall retain ten percent I ag of the total dollar amount of the contract price until after timal"+l`I 3 " r t . r epprovt,l or acceptance of the Improvements by the City, The Ownor~. Shall thereafter pay the Contractor the retainage, only after ~I Contractor has furnis'ied to the Owner satiefcctory evidence that A kF pl't`~ all indebtedness connected With the work and all sums of money due roc labor, mateciala, apparatus, fixtures or machinery furnished 3r '1~ for aid used in the pectormance of the work have been paid or ' otherwise sattatled. (d) Encumbrances, That upon completion Sold a pproval or acceptance of the Irlpcovements of the City, the Improvements shall PAGE 6 i.`.aP'l~.p~RNir.twrv. ~~w ~,~w~~ w~w,mq>rq~~~r~~ ' ; 111~Y IY3S'. 4.4 a \ X"~ f X `'S \ ri ray' A XI \ I F~ I t. LK~y.~ ArFSw" rlw~ .~5;t t ~~K,.j f •#~,~,p ^('P ~ ~tk ~a' ~ 51 3 V become the "property of the City free and clear of all liens, ' claims, charges or encumbrances of any kind. ~If, after acceptance • 4A I y' of the Improvements, any claim, Lien, charge or encumbrance is made, or- found to exist, agsinst the Improvements, or land ` )l) r"~ dedicated to the City, to which they are affixed, the owner and % Contractor shall upon notice by the City promptly cruse such ?~i' claim, lien, chargo or encumbrance to be satisfied and released or4 ' t MI f promptly post a bbnd witn the City in the amount of such claim k, lien, charge or encumbrance, in favor of the City, to insure fi }1 ,e t payment of such claim, lien, Charge or encumbrance. + (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in + r 1 1 ' t form and substance acceptable to the City, in the amount of ten percent (141) of the contract amount of the Improvements, insuring the repair and replacement of all detects due to faulty material'" and workmanship that appear within one year from the date of i' a ; rr{ acceptance, rho bond shall be in favor of the City and shall bR, {,ee executed by an approved surety company authorized to do business $1;'; ~ . n `trr in the State of Texas. 1 (f) Indemnlfl_catlon, To indemnify, defend and save harmless the City, its ofticera, agents and emt^loyees from all ' suite, actions or claims of any character, name and description ql, s , brought for or on account of any'inlurles or'da:nages received asy ' sustained by any person, persons or property r3 account of the + 1^ s / Y S~$qq i i e ~ !~J ~ lam ( ~ t PACE 7 sl xa 1 • v 'F a A r S operations of the Contractor, his agents, employees or aub C A ~ v'"' l'.1 y x^Y ~M )s cont[ac!ocs) or on account of any negligent act or Eault of the Contractor, his agents, employees or subcontractors in constructions°,r , of the Improvements) and shall an pay any 7udgaient, with costs, which a may be obtained again3t the City growing out of such injury or damage. (g) Agreement Controlling, That the provisions of this f agreement shall control over any conflicting provisions of any contract between the Owner dnd Contractor as to the construction of the Improvements.f S t; 3, Occupancy, Uwner further agrees that owner will not allow ` any purchasera, lessee or oth6t person to occupy any building within the development until all Improvements are completed and gyn.,' accepted by the City, and that upon violation thereof will pay the City $3,00U,00 as liquidated damages, but such payment shall not at deemed a ppcoval of such occupancy and the City may take what- g' ever action necessary to restrain such occupancy, 01 4. Covenants of City, That, upon props[ completion of the ~Improvements in accordance with this agreement, the city agrees to accept the Improvements. ~t 5. Venue, and Governing Law. The patties herein agree that it dN 4fc;~ this contract shall be entorceaole in Penton County* TexAS, and if Fir legal action is necessary in connection therewith, exclusive venue T{ a~ PAGE B Xf, 1 rw.+.w.wwn.....-... , --...uv.~•~~YX~nw.+.A..-.-.... w'-wnme+xn 'R M1M!'F#hMR'~lR * 0..', I ' + . w.+nwe,nwa+rwmana+w. i i f~ ~t ' ro5 t J~ " s Ae 1 ' shall lie in Denton County, Texas, The terms and provisions of s,`;' this contact shall be construed in accordance with the laws and K ' 't court decisions of the State of Texas, 6. Successor and Assigns, This contract shall be binding upon sad inure to the benefit of the parties hereto, their respective successors and assigns. a , ',a Executen In triplicate this4 o -r 19~, " OWNER ' CONTRAC'f0R BYt Cumb 'r and Presbyterian Children1e Home Jey-Mar C poration r CITY OF L;LNTQNf TEXAS BY I to 'ITYW i sue- s, ATTESTt 4V 7 C *()rVNT0Ne r CITY SEKETAHY TEXAS APPROVED AS TO LEGAL FORM, DEBRA ADAMI DRAYOVITCH CITY OF DENTON r CITY AT4'OHNEY 1 ~<4ti . r TEXAS BYt y La PACE 9 le„ ' Y~^n^' ^ .s.. waryY\i11sM.,N11(rff ' i r E X H~' A A •1 1M 1 14, r. 1233 G F 1 S PROJECT NO. '9 R CONTRACT NO. ' 0 1.4. r ' ~ at " THE STATE OF TEXAS $ x`` ESCROW AG EMENT IN LIEU r F COUNTY OF DENTON § OF PENS ; ANCE BOND (Development Conttifetwlmprovements ti of $50s000 or Lees) p , l " WHEREAS, Cumberland Presbyterisn Children's Home hereafter referred to as "Owner" has undertaken to develop property: within the City of Denton, Texes, or its extraterritorial Jurisdiction; and WHEREAS, Owner haa, putt+uant to the ordinances of the city 6~fP`y of Denton, Texas, hereafter referred to as "CitY" Syr i''' f l executed a development contract to inspire that any and all streets, water peg and sewer lines, drainage facilities or other improvements which 1a; are to be dedicated to the public, hereafter referred to ar, 'bf4 3v. "Improvements", are constructed and completed in accordance with 4 t'; xpr toe specifications, standards and ordinances of the City; and i•, WHEREAS, Owner wishes to receive building permits for told' property prior to the rompletion and approval or acceptanc,i of K '6e Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,060 or lass, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in in amount not lose than the amount necessary to insure completion of said improvements; •y ~5~~ ' e1 .i "h t r t ~~~tC ~4 ti ~ ,✓~gq...,~'va ....a..w~r. ,.-~,,.sw ~ , h•.~,wr, .,rwr, w.:.l~ [ 44'r 'pr ' I ~ ~~.y~a Giv ~^~tvr.•i,h .'RSa.M:a~a~ a.h',, a,91~y1 % ' L~ j' ` r r . "l~#kn,+.~ . .......•..n:z: s~°ve~i+R~,~a~,naw~~,...._ _ ~.".w,..«~inaa:+rvr'e~~r9ir: ;i NON, THEREFORE, OWNER, City and Jerry Feibo hereafter called "Escrow Agent", , agree as follows: 16 Amount. Owner, as a condition to receiving building per- mite for property located at e w a Cumberland Presbyterian Children's Home K addition. Denton, Tx shall deposit the -ss - ° Jr~ ~lw 1 1 ~ sum of five ;,o n nity dalla and no/100---°- "a ($_51050.00 cash money, with Escrow Agent, said sum being in an amount, as determined b y the City, necessary to insure completion of all Improvements which are to be dedicated to the J r WK, public; said Improvements being more particularly described in t"•° that certain dev;topment contract dated the day of 7 1i r, ~V e 19 , between the City, Owner and Owner's^a '.4,. Contractor, to which reference is made herein. 2, Notice of Deposit. No building permits shall be isrued by City for the property heroin described until Escrow Agent ~~t~;,`'• 11a< notifies City, in writirg, that cash money, in the amount specified herein, has been deposited in an escrow account with, Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorises the # Escrow Agent, in writing, to release such funds as provided for I herein as follows: §Yi'r + (a) the City engineer shall authorize the release ' } all the escrowed funds when all To,provements are ' ~ ~ l 1 PAGE z `"14iAn~'•""'Y"°"".~"""'_.._ - ----^!~K'~~y~k'WIC""p...,..+.w....~atn,uaa`WlosiR/l~'~sA,AOFWp~ ~ , y. c P _ t .3e ..r~, !W6 ~d r completed and approved in accordance with { 3 provisions of the development contract; the determination of which shall be made by the city a Engineer whose judgment shall be binding on allk parties hereto. r~ (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, char n so long as the remaining funds not released are}'s suffLciont to complete tha construction of the remaining Improvements whicl; have not been, but, ore required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be pent sr}r'; or given under this agreement shall be sent to the address of the parties hereto, as follows; CITY: City Engineer ry.tM 215 East McKinney} • Denton, Texas 76201 ya * a: t'; n k OWNER: Comberland Presbyterian Children's Nome a ,v R ' 1304 Bernard, Denton, TX 76201~¢¢j` r4+~i it , ~~T..1 J ESCROW _ AGENT: Jerry Felbo s~~7f , a, ~ ~r _ First State Bank i ,!A 4 4, Fees. Owner agrees to pay any and all fees or coats i cbarged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrox Agent. The Escrow Agent shall hive no responsibility except for the safekeeping and delivery} + x<< of the amounts deposited in the Escrow Account in accordance with this k agreement. The Evcrow Agent shall not be liable for ~ any act done or omitted to be done under this agreement or in k °y PAGE 3 k r Via. ._-..'y~y,gwfw~'►'c 1MM""..... ...a,a.lR•ay4f4#.+YAi~. a l 1 , `P 1 Y' ~ }y P R r i ~ i F e5 1 r 5x,11 yq a.~ ['+";.:~.~Fii6MllAi~a~Il~Ii~~`'~rt~.vY. ~r~.'~V'~'•v~~icL1i~.~iHYf•'rMt .NlfiV~ ~ +iF~, q, x . 1 -~~tx~3 rG1 f 1 1'r ',i iN I t 41RI- 5 SL connection 'with the amounts deposited in the Escrow Account ~ except as a result of the Escrow Agent's ~~J>> gross negligence of x willful misconduct. If any question, dispute or disagreement a r arises among any one or more of the parties hereto and/or any, 1t I 7 _ I js ni,[ ~ ' other party with. respect to the funds deposited in the Escrow ' Account the , proper interpretation of this agreement, the duties 3 o.. the Escrow 'Agent hereunder or the rights of the ti parties to Z?x j ' this agreement, the Escrow Agent shall not be required to act R a ~ ; ir` and shell not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the MIt 1° i' 3 ~ 1 q .~followings (a) withhold and/or stop all further performance under #.}ear this agreement until the Escrow Agent is satisfied, 3 r by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the, ' question, dispute, or disagreement has been resolved, or (b) file a suit in inter leader and obtain b final y11 q ;6e i R9_ judgment p y ` rendered by a court of competent juria- diction, an order binding all parties interested in fg+{ the matter. i 6. Successors and Assigns. This agreementr shall be binding " upon the successors and assigns of the parties hereto.- #..F a 7. Venue. The parties hereto agree that If any legal action is necessary in connection with this agreement, exclusive venue } G shall lie in Denton County, Texas. a + YAUS 4 c+ ra ~r ~ . v ' Y Y ILI, I r ~ 1 ' ~ ~ I l r i . ~ ii , v? ~ S L' L j l ~ l m't t y 1 S ,rl i ~ l` y 2 , ~~I i 1 1 , ` P r, 6sLp, a y~ ySr `i~Y'r j' ~•SI'~ r ' „T 4~~i 1 r i ly + 9 ' IN WITOSS WHEREOF, the Said City, Owner, and Escrow Agent r; have signed this. Instrument this gel day of t+ L i° r V 4 r✓ yA 1 A 1, li ll KVl J pLj 3 Yliy 1 1 sl I A~ 14' 1 17 rl r lit d"r ~ ~I~~4~r CITY OF DENTON OWNER 44 ,i ry e, Cu rland Presbyterian Children a Home y a";!,+~~ ~..p. 'r 1 $F .Y,. y~,• ~y4b ES ROW AGENT I' R fu 1 y p i~~ fo d` ~y'i'rY~1i a i r BY: ct Je y Falb Pirat State tank ,y`~ li rL ` Y I Tye Y }~1 r r A~ xf (YN ax 1 ~ ' ~ ~1 ~ 4 111. t v y r 7 +k l 4,4a i a , p[ L 1 La ri z iy ty ! r PACE 5 t,~y,~° ~a~;,•, r *i :~-cs, tcz .r'`:i: F: 1 a~.F.a +l^.?R:`•'"TT,x"'~~'A'w 1 1 t { L1~ i + 5 ti~5. Jy 7 a ~ 1 I . 1 1 ~ i Y 6 i , f c~ ~ e r 1 ri. i v" ,Y,7P~4~il1CMNl`Wx'r.«3~..._:'[ • r..-wwxwnn.oa:,rYaw -~J.._ _ r ..ri.,si~wiurrfM,..s~.w+~r:(aY•w`aMU.66ni~,iw ~.~+c. ~ + t Ai ✓ut t 1 First State Bank of Denton Escrow rrf 'r ►MSCEwnp*sMAr for City of Denton Cumberland PreabytV4NfrrW-ArE 15-4aX CD ssr ~5-0270790 ~tlTdren~s~ome - i ; r ~ps_ _•__.__c 1o_Randy Ca ter -so" 00_A $f aye ~ FIRST STATE -©ANK o,mwoK Ilk r 9n4 km Dab M Deb DOttANS D•1 - H, Id/ , k. ►a •EI/ Appm1,~MM, b tion. / Ma01+f. OL EPA M. }rtlr 4¢ry'4~'' t • T t 3 5-B-87 7-23-87 45 days 6.40 at maturi y x r:i►s`, 30, ❑ rwu+wmnrr.r..wr. ~u k ri,a tY MrUitrWK µ/r ~rMw, w/tQ /rnn+fN. Y [iT /UIMUfty aY Will It / tt r' 1 nbwrM WRw•w,r.W.ywl+../MfIwM ~ / MTOrlm prgR - r~ ~N r t e r a'. .r M,!Ygpo: •,`r j0'1 t. .']M.,n.•~,y' M .n. '~.M.I•s....M••.♦'.,:. a.: :'N,i..F•r l+' }l del h > 'a I r 5 t ~Y,1:r i t 11A r 1, PN, 41 l~ J, 0.1 1 _ ~7~. - i'. i.?R'. t. 'r .r'i.({I~.1•Yf~'ti •4 ~~~ipy ~ f ddd K a i 'k1 .C r^ r}a~ 11 t, t.r ww•+a+.wse.*--•--_ - ,-__•...<,p~~~r-r•«......__...........-.,_•....-.y.1..,...w"~xnn.vwrwa..,~...,. °ix~~ r. n , s 1 f CT, 1 014 P ~ V , r 4 cc~~,, I r~~ c v2fiT } ~ t , r}{ i. w ~rc~ t ' ~M~li~pdin+.+~ww...... ..'.:+ewn•+!'~~1NYNK•m+rt~ iwwwa ._i:iS.o~J►'~L:' t,.°,y.y& 9u is s~ ~ a t~,.~~ ~ a. --.~adwv ~ c -.l t . PROJECT NO. ' rr ~ u CONTRACT NO.;t4p ct ? THE STATE OF TEXAS DEVELOPMENT CONTRACT COUNTY OF DENTON $ r; Whereas, Denton Board Of REALTORS 1 ~ hereafter referred to as " +d * a Owner,11 uose business address is r f ti F, 1001 N, Elm, Denton, TX 01 Y~~F is the owner of real property located in the corporate limn s of the City of Denton, or its extraterritorial jurisdiction; and r ttr Nrkl.' Whereas, Owner wishes to develop the property and such ,`r? development must be 1, ls~ performed in accordance with the applicable ~I w ordinances of the City of Denton, hereafter referred .o as "r ~y e Y i and [tY Whereas, es a condition to the beginning of construction of ur t r said development, a development contract is required to inure t° 4J, that all streets, water and sewer lines, drainage facilities and 9 „ x other improvements which are to be dedicated to the public,'; hereafter referred to as "Improvements," are constructed !n~ ` accordance with the „ City's specifications standards and .ti ¢'o F ordinances; and 21 1 ;select applicable provision as follows) M Y r y~*,r x Imo. . ~I F µ5 ` { =_,,~a Whereas, the Owner elects to construct the Improvements without contracting with another tarty as , ' ~ " prime contractor, in ""'~~a,'r'"✓.,fYr~i'~"FaUX a"war..rs.a•m•.e..-.,r,..q,,.~.~^7*4'wn~~Mawr...- .-~w_- 4r i r 1 ' r .s 1 r 0 l,,;j, wrw~i'arN.A~l+adiYH~leq+•vJmlk`'.r.s Z.. n.,..., ...w:,sskwrbfNfM'~Y44.+i. S.~.. ,e v' Kn ' ~h y v `F j ?y '1 1 i F 1 ~ '~'t r ~ 5r S ~ ~ s': r g I , r ~ Which case the provisions of this contract which refer to "C'wner" A ` h pY or "Contractor" shall mean the owner as named above; or . l wh a Whereas, the owner elects to make such Improvements here- ri~.4+ y a after set forth by contracting with S. D. Collins Ik " t Y , whose business address it x 409 w. 6th St., Shady Shores, TX hereafter "J, referred to as "Contractor" and ! t Whereas, Owner and Contractor recognize that the City has an e{ f'o` ~j:.• Ilk interest in insuring that the Improvements subject to this r1 agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specif?.cations and that pay_vnt is.made therefor; xw, I{ i) YG. 7 NITNESSETH ' ~'t" As to the Improvements to to dedicated to the public, as •,t specified in Exhibit A, attached hereto and incorporated ry reference, to be installed and constructed at 1009 N. Elm, Denton, TXY 1 t a h linty ~ ' ~ t a , 4 17 J 1 , , ~ r b t t Y the Owner, Contractor and City, in consideratiun of their mutual 1 promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) SEueifications. To construct and install the Improve- ments in accordance with the procedures, specifications' and ~ s y .i9G t r: ~ YALE 2 trf~ S t F;,~i 5 } i 1, a ~a1'aePdf~+~"^ ,,,,.,rxx~..~,,~y4~~i'~w,r+.T ~ +aSi~ 4 I