HomeMy WebLinkAboutDEVELOPMENT CONTRACTS
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?1931
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PROJECT NO.
CONTRACT NO.
THE SPATE OF TEXAS S
COUNTY OF DENTON DEVELOPMENT CONTRACT
S
Whereas, D.A,T.C.U, (Denton Area Teachers Credit Union)
hereafter referred to as "Owner," whose business address is +
215 West Mulberry. Denton.Texas 76201
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable 1
ordinances of the City of Denton, hereafter referred to as
"City'; and
Whereas, as a condition to the beginnjng of construction of
I
said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities
•and other improvements which are to be dedicated Lo 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)
Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as nam,:d a.)ove; or
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l Ay Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with Calvert Paving
whose business address is
F.O. Box 268, Denton, Texas 76202 hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognicc that the City has
an interest in insuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
I
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at 215 Test flulberry
(See Attachment) Calvert's Proposal
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division II and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
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such Improvements, such specifications, stc-ndards, regulations
and ordinances being expressly incorporated herein by reference
and being made a part of the agreement as though written herein.
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(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed '
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in a good and workmanlike manner and to the satisfaction of the
City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and 1
acceptability of materials furnished, work performed, and the
interpretation of specifications.
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining 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 removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this cgreement to approve or accept the Improvements.
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Cc) Insurance To provide for insurance in accordance
with the insurance requirements applicable to contractors as
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provided for in Item 1.26 of Division of the Standard
Public Works Construction North Central
Specifications for essly
I the provisions of which are expr
?exas, as ameslded' howeve ,
r for
incorporated lerein by reference; provided,
purpose of this provision only, "owner," as used therein, shall
mean the City of Denton.
Means and Methods of Construction. That the means
(d)
right Contractor may
and methods of construction shall city's such
any
choose; subject, however, to the Improvements for which the means or method of construction ctthat dthe
ngineer,
not, in the judgment of the CityE City
improvements were constructed in accordance with
specifications. Owner and
2. mutual = venants of owner and Contractor.
Contractor mutually agree as follows:
regiment. That if
Performance Bonds Escrow A
(a) prior to
building permits are to be issued for the development
improvements that are to be
completion and acceptance of all security requirements
dedicated to the public, the following se
shall apply, unless the development is a "one lot development,"
as defined by City's.Development Code!
a performance bond in an amount lnot ee less
(i) the
than the amount necessary to comp
as determined by the City
L•Inmprovements sh.a l be submitted gouan rant of eeing
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the e full l and faithful completi
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Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an 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 be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
be in favor of the City, and shall be
executed by an approved ai Y company
authorized to do business in the State of
Texas; or,
(ii) if the total contrast amount of all
Improvements is $501000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner and
Contractor agree and guarantee that firm and
all debts due to any person, corporation having furnished labor, material
or both in the construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and affidavit rain or a form shall provided furnish by a the written
PAGE S
Engineer, stating that all bids, charges,
accounts or claims for labor performed and
material furnished in connection with the 7
construction of the Improvements have been
paid in full and that there are no unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the j
public.
That, upon the request of the 'City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
(c) Retainage; Final Payments. (This provision (c)
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
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 Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
~J connec'.••d with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. • That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
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liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge cr encumbrance to be
satisfied and released or promptly post a bond with the City in
i the amount of such claim, lien, charge or encuwbrance, in favor
of the City, to insure payment of such claim, lien, charge or
encumbrance.
(e) Maintenance Bond. That prior to approval or
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acceptance of the Improvements by the City, to furnish a
maintenance bond in form and substance acceptable to the C1ty, J
in the amount of ten percent (101) of the contract amount of
the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
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or subcontractors in
the Contractor, his agents, employees
and shall pay any judgment, j
construction of the improvements; out f
costs, which may be obtained against the City growing
with
or damage. i
of such injury That the provision of this
(g) A reea~eIt Controlli~• rovision of any
conflicting p
agreement shall control over any and Contractor as to the
contract between the Owner
construction of the Improvements. tees
y ats. Owner further agrees
One Lot Develo me
• Oc -cu -2-a nc
as follows: urchasers, lessee,
(a) That Owner will not allow any P development
any building withi,l the
or other person to occupy ted by the City,
leted and accep ~
until all Improvements are comp the City 551000.00 as
and that upon violation thereof will pay
be deemed
but such payment shall not
liquidated damages, may take whatever
approval of such occupancy and the City
to restrain such occupancy.
action necessary contract applies to a "one lot
b) That if this and no
( ls Development Code,
development," as defined by City the
bond was required or submitted for
performance or payment
the public, the owner
improvements that are to be dedicated to building
shall not be issued a Certificate of Occupancy for any
all required public
constructed or located therein until
m rovements have been comple'ld and accepted in accordance
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with this contract. That, upon proper completion of the
Cit
4. Covenants of reement, the City agrees
Improvements in accordance with this a8
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to accept the Improvements.
5. Venue and Governing Law. The parties herein agree that 1
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this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
Executed in triplicate this, Z.L day of ~~~.P 19-7Z.
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OWNER: D.A.T.C.U. CONTRACTOR: CALVERT PAVING
BY C. BY: f t7. C~
D.A.T.C.U. Calvert Paving
} CITY OF DENTgN, TEXAJ
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I BY ATTEST:
SECRETARY
JENTER-W'~LltX6, CITY APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: I
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F SUBCONTRACT AGREEMENT
y
THIS AGREEMENT, made this /3_3
and between DENTON ARFA TEACHERS 'Cday REDIT fU ION 22 1991, by
West Mulberry,
Denton, Texas 76201 hereinafter called the O, the
SUBCONTRACTOR, t located at P.O. Boxes 268, aDenton,
Texas 76202 (817-387-6831).
FOR :he consideration hereinafter named, the said SUBCONTRACTOR
covenants and agrees with said OWNER and AGENT as follows:
The SUBCONTRACTOR agrees to furnish all material and equipment,
including applicable taxes, fees and permits, and perform all
work necessary according to the CONTRACT DOCUMENTS, and the
SUBCONTRACTOR'S attached Proposal, and as outlined below, all to
the full satisfaction of AGENT and OWNER:
FIRST: The SUBCONTRACTOR shall take out and ,
Compensation and Public Liability Insurance asr equiredo b men s
the
State of Texas. A Certificate of insurance must be mailed to the
AGENT, located at 1300 North Locust, Denton, Texas 76201.
SECOND: The SUBCONTRACTOR shall pay all old Age Benefits and
Unemployment Compensation Taxes upon the materials and labor
furnished under this AGREEMENT, as requited by the United States
Government, and the State of Texas.
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I THIRD: This AGREEMENT shall not be assigned by the SUBCONTRACTOR
without first obtaining permission in writing from the OWNER and
AGENT.
FOURTH: The SUBCONTRACTOR agrees to promptly begin said work as
soon as notified by the Job Superintendent, and to complete the i
work with no delay and as required by the Job Superintendent, or
forfeit the remainder of the AGREEMENT, upon 3 days written
notice from OWNER or AGENT.
FIFTH: This SUBCONTRACTOR agrees to abide by the Federal
Occupational Safety and Health Act Standards.
SIXTH: This SUBCONTRACTOR shall promptly remove his trash from
the job site. If not removed within a reasonable time, the Job
Superintendent shall, after 3 days notification, remove trash and
backcharge to this SUBCONTRACTOR'S account.
SEVENTH: The SUBCONTRACTOR shall furnish the OWNER the warrant,
bond, and/or guarantee as follows:
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EIGHTH: Exceptions to any of the above stipulations: None.
r IN CONSIDERATION WHEREOF, the said OWNER a ree;, at the will
pay to the said SUBCONTRACTOR the sum of
ammmmu -0OId AA& m i"&;949960".
Invoices shall be sent to Construction Management Consultants,
1300 North Locust, Sox 1985, Denton, Texas 76202, for said
materials and work, said amount to be paid as follows: 90• of
all labor and materials which have been placed in position by
said SUBCONTRACTOR to be paid on or about the tenth of the
following month, except the final payment, which the said OWNER
shall pay to the said SUBCONTRACTOR within thirty days after the
SUBCONTRACTOR shall have completed his work to the full
satisfaction of the said OWNER and AGENT. Final invoice shall be
accompanied by proper Lien Waivers showing that all material and
labor has been paid for by the SUBCONTRACTOR.
{ NO EXTRA WORK OR CHANGES UNDER THIS CONTRACT WILL BE RECOGNIZED
OR PAID FOR, UNLESS AGIEED TO IN WRITING BEFORE THE WORK IS
DONE OR THE CHANGES FADE.
The SUBCONTRACTOR for themselves, their successors, executors, ,
administrators, and assigns, hereby agree to the full performance
of the covenants of this AGREEMENT.
IN WITNESS WHEREOF, they have executed this AGREEMENT the day and
date written above.
I
DENTON AREA TEACHERS CREDIT UNION CALVERT PAVING
OWNER SUBCONTRACTOR
f. D. l
BY By OA"E.r-T
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1 e~ M
- - - P= He.
( ~r C1.1.1f31RT PAVING PROPOSAL AND
P. 0. Box 268 ACCEPTANCE
DWM Tx 76W2
M?) 31741
cArE ,
r+orwK k*WMD TO MA -4 12/13/90
AE
Denton Area Zaxa a great Lhian
atr, sun AMJ Zs► coo[ lp IOCArh'JH
22 w. Mmm
Dentim, Tom 76201
can of nAr+s 1O~ ~f/0Mi
NIOr1KT
gma sum
we herby 1A.w 61100bMWIlu rrd MHnwM 10f:
6. BMwac - - 370 IF - - 16.00 S _ 51920.00 -
_ b• Cl LSO flhter PiQe _ 10 P 20.00_ _ _ 600.00
4' wc~hols - - - 4-
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2 250.00 - 500.00 - -
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S~'i0171L_
g tx4-pre-4ab eoc_ <klvert.. 240 IF 340.00 S 8it600.00. - -
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Trwaitianp 0orcrou in Place
- _.61000-00
81cemcrs street End-. - --20 CY- 300.00-
or, .1tian, oxcrew in Plans - - -
Mulbarsy street ad 26 CY 300.00 70800-00
We Propose Menbr w 6rrWA mesww+ .nd Irbt - c""660 In reeredrur wHlc ebrrr NreHkatVrnr, to Ar .wM d:
rru+i darlre 0
r pwm is be WAO as 1060V++,
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w rr~wr rear R to INN A rm k s. Mr .h-rrrbn or 4k veer No Ae" 1
Y-.o*q HM er-M rM M smsc* W Mt► Mm^ wrltl.n In rA slvfttyrr
Mew • Hllr chwo a-'M rd AM.r Mw «rrrr... N .p~n.nh cr..IryMr .
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I Mrt«. ~eNinI or do@" M~ wt uno-~1. 0WW M e rT , 'or""" Now ihl. Mogowl r^~/ be
rMrr V*WWKA. ow ww%om we wNp a vw M' « wNh&swn by vi M nel 0""*d w~ifNln
owme
Acceptance of Proposal
NOW "*&M~ ".rtlrirarr " an Anrrr reM4d T.- rn aOh"tew flyrrrNn- -
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CAL.cRT PAVING PROPOSAL AND
P. 0.
~ ACCEPTANCE
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r.OPOMI U AAM W TO MOM
71M Ardiitectural 0DLlective (817) 387-4881 12/13/90
JOO NAME
1300 N. To= t Denton Area Te&dv-, 's Credit Ghim
CITY, STATI AND ZW CODE JOE LOCATION
Denton, Tom 76201 225 W. Milberry, Denton, 71pxae
AKWTKT DATE Of PLANS JOG PHONE
Gerald St m
1Me faenby wbmil aPecUkeHam ww p+UneNa fa:
-continued from Page 1-
bottaft 0-w 1 Mk 2,200.00__ 21200.00 ` -
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21031
PROJECT NO.
t CONTRACT NO.
r THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
+ i
- Whereas, LM f YL U~~~ vv No-,x, ~~f3G
hereafter referred to as "Owner," whose business address is
400 L'3i 1X -7G o
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
i
Whereas, Owner wishes to develop the property and such
development must be performed 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 of
said development, a development contract is required to insure
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 wFth ' the City's specifications, standards and
ordinances; and
iselect applicable provision as follows]
E Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
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I Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with
V✓h~'c S c uhf whose business address is
yGO 3S C 7 Y~ e1 -7G 5 hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
an interest in insuring that the Improvements subject to this
agreement. which will, upon completion and acceptance by the
k City, become public property, are property constructed in
accordance with the City's specifications and that payment is
made therefor;
NIMSSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
;76 Jb_S
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows: - -
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division II and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAGE 2
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such Improvements, such specifications,
standard,, regulations
and ordinances being expressly incorporated herein by reference
and being made a part of the agreement as
though written herein. ~
(b) Authority_ of Cit En
ineer Ins ections , Tells and
Orders. That all work on the
Improvements shall be performed
in a good and workmanlike manner ind to the satisfaction of the
City Engineer of his representative. 'The City Engineer shall
decide all '
questions which arise as to the quality and
~ acceptability of '
materials furnished, work performed, and the-
interpretation-of s s
i pecifications. ,
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining whether or not
the work performed was in accordance
with the specifications e
pplicable thereto. Any work done or
materials used without
suitable inspection b
ordered removed and replaced at C by the City may be
ontractor's expense.
Upon failure of the Contractor to allow for
inspection, to test
materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
tied or condemned work or materials, or to follow any other
request or order
of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied tb the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
PAGE 3
(c) Insurance. To provide for insurance in accordance 1
with the insurance requirements applicable to contractors as
provided for in Item 1.26 of Division I of the Standard
Specifications for Public Works Construction North Central
i
Texas, as amended, the provisions of which are expressly
I '
incorporated herein by reference; provided, however, for ,
purpose of this provision only, "Owner," as used therein, shall
mean the City of Denton.
(d} Means and Method's of Construction. That the means
and methods of construction shall be such as Contractor may
choose; subject, however, to the City's right to reject any
Improvements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
i
Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
1
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
shall apply, unless the development is a "one lot development,"
as defined by City's Development Code:
(i) a performance bond in an amount not less
than the amount necessary to complete the
Improvements, as determined by the City
Engineer, shall be submitted guaranteeing
the full and faithful completion of the
PAGE 4
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ecifications of
improvements meeting the sp and
the City, shall be in favor of the C~tcyo~Pany
shall be executed by a surety
authorized to do business in the State of
Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested, I
is in an amount of $54,000 or less, as ;
the City Engineer, cash mothe
in
the amount necessary to complete
the deterwined by the City
Improvements, as e deposited with a bank as
Engineer, m pursuant to an
agreement escrow
escrow agent completion of the Improvements. Without exception,- the City's
,
escrow agreement form shall be used.
'r Assurance of Pa went. That prior to
(b) Pa went Bond
acceptance of the improvements:
ment bond will be furnished in an
(i) amount not less oximate etotaldcost pofcthe
contract the appr uarantee-
~ contracact cost of the Improv~otecti on of all
claimants full and Pr abor Pand material for
claimants supplying l vements, shall
the construction of theCilty,roand shall be
be in
of the executed fc byr an approved surety company
authorized to do business in the State of
Texas; or,
if the total contract amount of all
Improvements is ;50,000 or less, as
(ii) or the
determined improveme by the City of Enginetheer, contra
mprovements, regarone slot development,"
a as
mount, are for a
defined by City's Development Code , and a
ed to
payment bond has not above, submmitttt and
accordance wree aidl)guarantee that any and owner Contractor adue to any person, firm or
cordebts furnished labor, material
coporation the construction of the
or both in n
of the
Improvements shall be fully paid and
satisfied before acceptance the City and that prior to
Improvements by Improvements, the Owner
acceptance of thshall furnish a written
and Contrainora form provided by the City
affidavit,
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f~
1
that all bids, charges,
Engineer, stating l
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 unthe
leased recorded liens filed against
improvements, or land to which they are
affixed, that are to be dedicated to the
public. ;
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed '
~-1 labor on, or supplied material for, whethe
construction of the improvements, and, i
requested, 'written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
Final Payments. (This provision (c)
(c) Retainage;
applies only where the Owner and Contractor are not he same
i
party.) That as security for the faitr' completion of the
Contractor and Owner agro ghat the Owner shall
Improvements,
' 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
i
Contractor the retainage, only after Contractor has furnished
to the owner satisfactory evidence that all indebtedness
connected with the work and all sums of money' due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied. (d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
I
- - • -~--~--t , ter-' - - ~ ~ ~ 1
liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
- promptly cause such claim lien, charge or encumbrance to be +
satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure 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
j maintenance bond in form and substance af:ceptable to the City,
in the amount of ten percent (10%) of the contract amount of
the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of 'texas.
(f) Inde'Anification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
i
1
the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or damage. i
(g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
~ 1 contract between the Owner and Contractor as to the -
construction of the Improvements.
I '
3, Occupancy; One Lot Developments. Owner further agrees
as follows:
' j (a) That Owner will not allow any purchasers, lessee,
or other person to occupy any building within the development
until all Improvements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined, b;- City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a -Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAGE 8
to accept the Improvements.
S. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
i
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding i
upon and inure to the benefit of the parties hereto, their _
respective successors and assigns. C'~-
i ~ I
Executed in triplicate this, day of r 191L
i OWNER CONTRACTOR
f
BY: BY:
CITY OF D ON, TEXAS
J
BY:
IT (A
ATTEST.,
r
JINN t
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCII, CITY ATTORNEY
t~ ^ r\
BY:
PAGE 9
i
BOND NO: 200614947
w4h
0763L
Y1tOJECT t~O•
C0:3TRACT
DEVELOP(DEVE BOND
LOPMENT CONTRACT)
THE STATE OF TgXAS 9 KNOW ALL MEN BY THESE: PRESE:7TS:
COUNTY OF DENTON 4
400 I-35E, Denton.
of FL., Inc. d/b/a LUV Homes #136,
That CMH
Texas 76205
of fter called Principal
County, Texas$ hereina
Denton
an of ,Iartford, 100 CNA Drive,
and _ National Fire Insurance Com
37214 r at onnecticut
Nashville, 1N awa o t e Texas I e ° h -ere-d1r
a orporat on organ ze un er t e
bound unto t he City sf
and authorised to do business in the Stain Den o Linty, Texas, "surety are held and firmiv ton Cot
, oration,
Texas, a Municipal Corp anal sum of El:HTEEN THOUSAND
hereinaftercalled "City in the p
18,897.00 )
o t e n to tates, for payme n Ft O f
EIGHT HUNDRED NINETY-SEVEN AND NOI100 t o our heirs,
o rra, aw u money and severally,
which suz Well an made we bind j nurse ve ,
I
truly to be
administrators, and successors, jointly
executors,
and firmly by these presents:
THE Condition of this Obligation is such that:
ontr
NH~~g, the Principal entered intr, a certain cact with
dated the which the A ty o= Delzyn, Texas, has
Chetc e~rformance o
proper p
an interest, a copy of which is hereto attached and made a pa
for the construction of: 35, Denton, Texas
hereof , ovemenIs, I Hwy
Cla ton Mobile Home Impr
truly, and
if the Principal shall w el 10f the undnd
No-go THEREFORE, formed and fulfilled of said
faithfully caused to be performed and agreements an
takings, covenants, terms, g ecifications, and any
Cont and Con-
accor during i thethoriginal term ther`ei~hout notice
ract in
tract Documents which may be granted, with or
extension thereof
DEVELOPER'S/OWNER'S PEAFORMwjcF. BOND-PAGE ONE
.I
to the surety, and during the life of any guaranty required cinder
the Contract, and shall also well and truly cause to be performed
and fulfilled all the covenants, terms and conditions and agree-
ments of any and all authorized modifications of said Contract
that may hereafter be made, notice of which modifications to the
surety being hereby waived; then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
-AND, that said Surety, for value--received,- hereby stipulates
and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed
thereunder, or the Plans, Specifications, Drawings, etc.,
accompanying the same shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any su(.h change,
extension of time, alteration or addition to the terms of the
Contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this
the 4th day of April 19 91
PRINCIPAL SURETY
CMH OF FL., INC. d/b/a NATIONAL FIRE INSURANCE COMPANY
LUV HOMES #136 OF HARTFORD
BY: BY: /
A ACT-
Cathy Bounds
ATTEST:
S E L1E'r'~-
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
In the event the insurer (Surety) Is unable to fulfill its contractual
obligation under this policy or contract or application or certificate
or evidence of coverage, the policyholder or certificateholder is not
protected by an insurance guaranty fund or other solvancy protection
arrangement:"
1
HAtlonal Fire Insurance Company
of Hartford
c/VA '
Fcvr All the Commit,nents IOU Make.
OMkWf''NO~. IMInNa
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
ni under
stK"" All lit" tsr III Preaeets, That the NATIONAL FIRE INSURANCE COMP-.NY OF HARTFORD, a cor rorton duty
. Oterdnatcul rtul of the State of Connect cut
1
et ata need and
hereby make. keke and havi rts general administrai ve Offtre in the City of Ch
l and a Do
~athv K Boundsro'"t~ Charles F. iterchi Jr. Joe B. Turner xil~a a'tnrKSute07CO's,do.
waude Individuali Mamflton
W mend nntrvill~
its true a lawful xne -fin-F I
Other obt t y act wth }calf powK and authority hereby conferred to si n,
W ory instruments Of similar nature g seal and execute to its behorH bonds, undMak ngs and
- n n TmTted Amounts -
and to b' Ic 10
1111 111111 1 C: It
FIRE INSURANCE COMPANY OF HARTfpRO there
~u
it -~l
aythoriysd officers of NATIONAL FfREE INSURANCE COMPANY OF niil the acts of sad Atta
ae001y idyl is teal and Lott a fa ON me artent as i! such inslry"Ms ware sjned
ir" are hereby ratified and win rrned ORD and
This Fb,vK Of AttCXnty if made artd lxecufed ^ay. pVr{Nant IO the
tN Board CO Dtrectars of the Company pursuant to and by authority of the bnOwing Resolutgn du e
b dopted on February 21, 1955 by
RESOLVED: ;net the President an Executive Vtce President or any Vtce President d ter Corporal n rran from tune to time , appon
D+ written a7ryfates. Attorneys-in•fact t051 ;n behalf of the Corporation m the execution of DDoo in of it respaxe, bonds underl+k ~s and
~elrhal~ulO instruments ofhke natur. uch Attaneys•~m atl, subplot to the hmrtatorts set talh in their rKpecirw ceAifttatq ofautnority,
thereto. The poews or to bind the Corporation by their signature and execution of any such instrument and to attach the sellof the Cor
authority Previously given to amy ny A Ahern ice n- Fact
Pr dent ant Ttte Vice President, any Yxe President or the d of Directors may at any tme revoke all power and
per and
This Pawe, of Anwr+er is sgnin and sealed hold it on under and by the authority of ter fdiowi
lhre This of the Company at a melted dead alkd and held 1 n l/t day of May, 1960, adopted by the Boal of
RESOLVED: That thhe following Resolute0n
affixed by facsimile on signature of the President, an Executive Vice President or a Vice President and the seal of the Corporation
and y wer of attc M granted pursuant to the Resokdon ~t 1 fie
stdnafure of a Secretary or an Assistant Secretary and the seal of the Corpatond may the affixxedrd by oil Ovoclors on facsimile to nycarrtnccate,0f any
such Power, and an power ix cerldicat bearing such Ipmmile v atures and seal shalt be valid and bendi on the Corp Irori Any a
Ci a
r so x~ to Val binding oonct a Coto so exec ad and sealed, shah, wAn respect to any bortd or undo taiurtg to which it VCA
M
IMIMSa MfhereoT, the NATIONAL FIRE INS portion.
and its car INSURANCE COMPANY OF HARTFORD has caused these presents to be s tried by its Vice Pras+dent
Dorate seat to be hereto affixed this `d day of June
va rsw~4 NATIONAL FIRE INSURANCE 19 89
COMPANY Of HARTFORD
Pimeil
4 .~..aF
State of llLros, County of Cook, ss VKe PrKdlnt,
On th,s 22nd gar or June
J E. Purcell. to me known. who. bung py me duly swan. 0~0 and sa that I res~cts,n the Vil age o} k19.nvyw, 4, Stitt e of before of 11 ll utme personally carry
President of I NATYJNAL FIRE INSURANCE COMPANY OF HARTFORD. ine ca Gps, that he is a Vice.
' he knows the seal of said Corporation. that the seal affixed fo the said instrument is such described in and which s executed ter above instrument, that
by the Bawd of oratio rs of said corporation and that ly s dried his name thereto pate seal, that E was so affixed pursuant to scathe ty f riven
deed of said cof Oilatgn pursuant to kke oulhy9y, and acknowledges same to be the acl and
c~~ C D ea~J
IMTaav ° .
ruuie ~ ~ i
•,a Linda C. Dempsey ary Publ c.
My Commission Expires Ho er a'112, 1990
I
f, George R. Hobaugh, Assistant Secretary of the NATIONAL FIRE F INSURANCE COMPANY OF HARTFORD, do hereby cerliTy that the
Power of Attorney herein above set forth Is still in force, and further certify that the Resolutions of the Board of Directors, set forth In
said Pour of Attorney are still in force, In testirl whereof I have hereunto subsc e 0 by name and affixed the seal of the said Company
this day of AA rib 19
6233020George R. HobaugN Assistant cretary
INV. NO, Cr59201-8
i
BOND NO: 200614947 11
0763L
PROJ CT NO.
CONTRACT NO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
I
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY DENTON §
That CMH of FL., Inc. d/b/a LUV Homes #136, 300 I-35E, Denton,
i
Texas 76205
of Denton County, Texas, hereinafter called Principal
and National Fire Insurance Company of Hartford, 100 CNA Drive,
Nashville, TN 37214
a Corporation organ ze ;-der the laws of the State of onnect cat
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation, in Denton County, Texaa,
hereinafter called "City"in the penal sum of ONE THOUSAND EIGHT
HUDNRED NINETY AND NO1100 ($_11890.00 )
Dollars, aw u money o the United Cates, the sa sum being
ten percent (10X) of the total amount of the hereinafter men-
tioned contract, for the payment of which sum well and truly to
be made we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Contractor, dated the 4th day of April , 19 91 in
the proper performance of which the -TUt-y of Denton, Texas, has
an interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
Clayton Mobile Home Improvements I Hwy 35, Denton, Texas
rnNTRACTnR1C MATNT4NANPR ar)Mn-varr nrar
l
T"
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other ,
+ cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials or labor; then this obligation shall
be void, othhervise to f+I1 1 Fr-rco 27-1 f l-r .
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply
such materials as necessary and charge the sum against the said J'
Principal and Surety-on this obligation.
Ali -
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive,
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond
shall have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed,
diminished, -or in any manner affected from any cause during said
time,
~J PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
_I:N WITNESS WHEREOF, this__ instrument is executed _in tripli-
. a
c~ one o-Bich s is -be d`eeme3~~an original, this the
4th day of y April ; 91
CMH OF FL., INC. d/b/a NATIONAL FIRE INSURANCE COMPANY
LUV HOMES 6136 _ OF RTFORU
BY: _ WBY:
A 0 -II~:FA
Cathy Bounds
CONTRACTOR'S 4ATNTF'NANCF RnNF1_PAGF 'rwn
9F 7
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
t
s: ATTEST:
TREE Y ,
i DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
"In the event the insurer (Surety) is unable to fulfill its contractual
obligation under this policy or contract or application or certificate
j or evidence of coverage, the policyholder or certificateholder is not,
protected by an insurance guaranty fund or other solvency protection
arrangement."
1
National Fire Insurance Company
of Hartford
wIrA
Fa All the Com in Itmenta l'ou Ill
O"kentAepe, kgnole
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEYAN-FACT
lulow AN kia by Ike" Frowftls, That the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a corporal duty ortanaed and
arising under the laws of the State a Connecticut and Kevin its general administrative ci in the City of go, ,not Slate d f tines, Aces
halmake, opestituteendappoint_ Charles F. Iterchs, Jr., Joe B. Turner, tiri lam K. Hamilton,
Cathy K Bounds W. C Gaude Individually
of Kninywille, jennessee 1
As true Inc! tawful Attorneyin-FW with full power and authority hereby conferred to sign. Hal Inc! execute in its tehan bondi, underlikings and
other obliptory instruments of similar nature
- In Unlimited mounts -
and to bind the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD threby as futl~y and to the same extent as if such instruments were signed
iuttra y W jrvsnd o} herd n ATIONALL FIIRRErINS RANCE COMPANY OF HARTFORD and ,II the sets of said Attorney. pursuant to the
This Power of Attorney is made and executed pursuant to and by sulhaity of the following Resolution duly adopted on February 21, 1955 by
U.e Bard of Odors of the Company.
RE301.1111i That the President, in Executive Vice President or any Vice President of t" Corporatbn may, from tine to time, appornt,
OeRifiuUS, AttaMyS-in Fact to act in tehslt ofofth Corporation in the execution of rtes of murance, bonds undert kIn~f,r,d 1
yb~r en
gay ihstrumenle 0l l lee nature $uCK Attaneys•in.Fact, subject Iot4 hmtitations set forth in their respective cerliiKalet o~auttfordy.
h haw fWl power to b not ti a Copporaton M their signature and execution of a y sucd h instrument and to attach the sal CO the Corporation
Ihersto. The Presdent, an Extcufive Vice Presdent, any Vice President or the Boar of Dredors may at any time revoke of power and
Authority previously given to any Altorney-m-Fect.
This Power of Attor ney is signed arid sealed by facsimile under and by the authority of the following Resolution adopted by the Bard of
D rMas of tM Company at a meeting duty celled and 1i cn the lath day of May, 1964.
REUXVED-. That the signature of the President, an Executive Voce Pros dent or a Vice President and the seal of the Corporation may be
j off ixed by kaimik on any power of attorney granted pursuant to the Resoution scooted by this Bard of Directors on F,bruary 21, 1955
and the aifreture of a Secretary or an Assntant Saaetary and the sal of the Corporation may be affixed by tacsimile to any certificate of any
such rio execu~yeind $"led amid c edied by bearing ~arto facsimile aiatwee ,rryy seal shall valid and bin on othe r ptia+. Wch Any V and sailed
shall, with rasped to any y bond or unmriandtrtakirtg to Vim iC it
is attached, WntinCie to be valid and binding on the Corporal"
In Mfitnas stlkueof, the NATIONAL FIRE INSURANCE COMPANYOF HARTFORD has caused these presents to be signed by its Vice President
and its corporate sal to be hereto affixed this _ 22nd lay of June .19 89
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
J. E Puunrt
Nl Vice Prtsident.
O
° wr<~
State of Illwos, County cf Cook. ss
On this 22nd ay of June 19-_ before me personally came
J. E, Piirtek, to me known. who temp Dy rive duly sworn did ck~vost and say that he resides in the Village of Glenview. State of III". that he is a Vice
President of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD the cape aton described in and which executed the above instrument, that
he know; the seal of said Corpaafron', that the seal off xed to the said instrument is such corporate seal, that a was so off xed pursuant to authority given
by the Board of 04rrM~s ol sad corporation and that he signed his rams thereto pwsuant to kke,uthorgy, and adv wkdges same to br the act and
i
• C fie?
aiotrirr 3 ~ ,
~.aun a Linda C Dempsey ary Public,
• My Commission Expires Ha er 12, 1990
CERTIFICATE
I, George R. Hobaugh, Assistant Secretary of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, do hereby certly thief the
Power of Attorney herein above set forth is still in force, and further certify that the Resolutions of the Board of Directors, set forth In
said Powei of A.IifIfy are still in face. In testirr my vA$%V I have hereunto subs~ibed by name and affixed the seal 01 the ssid Company
this day of., V~l~ 19
x151rI*~ f
Georrge R. Hoban gh Assistant ecretsry
623142E 4 INV. N0. Cr5920le
21931
PROJECT NO. ~J'/''ds 1
CONTRACT NO. u~ 1
THE STATE OF TEXAS 4 DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Whereas, --s iz 4;e za- ti C
hereafter referred to as "Owner," whose business address is
l~ is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
whereas, Owner wishes to develop the property and such
j development must be performed 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 of
j said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public,
hereafter referred to as "leprovements," are constructed in
accordance with the City's specifications, standards and
ordinances; and
lselect applicable provision as follows]
J Whereas, the Owner elects to construct the Improvements
without contracting with another party as pr;ce contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
PAGE 1
t
(J
. 1
Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with
whose business address is
J z ~uJ l~v nom. % x ~JLv1U~ , hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
an interest in insuring that the Improvements subject to this
r~ agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor;
I 1
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
~ba0
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division II and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAGE 2
1
r
I
4
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.
(b) Authority of City Engineer Inspections, Tests and
Orders, That all work on the Improvements shall be performed
in a good and workmanlike manner and to the satisfaction of the
City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
i
interpretation of specifications.
` The Contractor shall furnish the City Engineer or
I
i
i his representative with every reasonable facility for aster- +
taining whether or not the work performed was in accordance i
with the specifications applicable thereto. Any work done or
r materials used without suitable inspection by t,•ie City way be
l
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
PAGE 3
i
I
(c) Insurance. TO provide for insurance in accordance
contractors
the insurance requirements applicable to as
1
provided for in item 1.26 of Division of the Standard
S eciEications for Public Works Construction North Central
of which are expressly
the provisions
Texas as amended,
,
ded, however, for
incorporated herein by reference; provi
hall
purpose of this provision only, "Owner," as used therein, s
mean the City of Denton.
eans and Methods of Construction. That the means
(d) M
amay ny
and methods of construction shall be such as contractor
however, to the City's right to reject 1
,
k choose; subject
improvements for which the means or method of c
~ity dthe
n
in the judgment of the gineer,
not, with city
Improvements were constructed in accordance
specifications. Owner and
2. Mutual covenants of Owner and Contractur.
Contractor mutually agree as follows:
Escrow Agreement, That if
{a} Performance Bonds• prior to
building permits are to be issued for the development pr
' completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
unless the development is a "os~e lot development,"
shall app1Yp as defined by City's Development Code:
(i) a performance bond in an amount not less
than the amount necessary to complete the
improvments as determined by the City
Engineer shall be submitted guaranteeing
the ne feull r, and faithful co~►pletgon of the
PAGE 4
it
..aprovements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $50,000 or less, as
determined by the City Engineer, cash money
in the amount necessary to complete
Cithe
ty
Improvements, as determined by the 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 be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(100%) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
I be in favor of the City, and shall be
executed by an approved surety company
authorized to do business in the State of
k Texas; or,
(ii) if the total contract amount of all
Improvements is $500000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner and
Contractor agree and guarantee thatf n and
all debts due to any person,
corporation having furnished labor, material
or both in the construction of the
Improvements shall be fully paid and
satisfied before acceptance
prior to
Improvements by the City
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the City
PAGE 5
1
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 unre-
to filed against
leased
are
Improvements,eor liens
d
affixed, that are to be dedicated to the 1
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, whthe
en
construction of the Improvements, and,
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
ts. (This provision (c)
Retainage; Final Paymen ~
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that* the Owner shall
retain ten percent of the total dollar amount of the contract
price until after final approval or acceptance of the
The Owner shall thereafter pay the
improvements by the City.
4 Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
Encumbrances. That upon completion and approval
(d)
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
I
1
liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
i
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure payment of such claim, lien, charge or
I encumbrance.
(e) Maintenance Bond. That prior to approval or
acceptance of the Improvements by the City, to furnish a
maintenance bond in form and substance acceptable to the City,
in the amount of ten percent (101) of the contract amount of
the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
'T
the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or dabage.
(g) Agreement Controlli~. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
3. Occupancy; One Lot Developments. Owner further agrees
as follows:
(a) That Owner will not allow any purchasers, lessee,
or other person to occupy any Fuilding within the development
until all Improvements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAGE 8
1
•
i
to accept the Iaprovements.
5. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
I j Executed in triplicate this, A~ day of 19
OWNER CONTRACTOR
~ BY:
••.O BY:
i CITY OF DE ON, TEXAS
i
I B .
ATTEST:
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
B" :
PAGE 9
.1
EXHIBIT A
TOWN NORTH BAP1IST ADDITION
PUBOIC IMPROVEMENTS
SIDEWALK
Hercules Lane to be installed by
sidewalk along Town North Baptist Church.
gal feet of Construction for
Larry Manning
II
I
i
r 21931
1
PROJECT NO.
CONTRACT NO.
THE STATE OF TEXAS ;
COUNTY OF DEVELOPMENT CONTRACT
DEN'fON
Whereas, 7 /ce 1n C- i
hereafter referred to as "Owner," whose business address is
wo t) ,k zz z~ - o r, In I,, 7y 74 20 r ,
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
development must be verformed 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 of
said development, a development contract is required to insure
I
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]
I I Whereas, the Owner el=cts to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refar to
"Owner" of "Contractor" shall mean the Own;•r as named above; or
PAGE 1
I
9
i
y. J Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with
r-11-15 I , whose business address is
Qx _ "T n~_ T 7 Z~ 2C _ hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
an interest in insuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
i
made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at FC.I 7 !/aJ1Gs
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
' Improvements in accordance with the procedures, specifications
and standard contained in Division II and IN of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAGE 2
it
r
sucn 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.
(b) Authority of City Engineer; Inspections, Tests and 4
Orders. That all work on the Improvements shall be performed
in a good and workmanlike manner and to the satisfaction of the
City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
~ I
acceptability of materials furnished, wort: performed, and the
I
interpretation of specifications.
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining 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 removed and replaced at Contractor's expense.
~J Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City hogineer or his representative,
the City Engineer shall notify tlLe Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
PAGE 3
i
(c) Insurance. To provide for insurance in accordance
with the insurance requirements applicable co contractors as
provided for in Item 1.26 of Division I of the Standard
Specifications for Public Forks Construction North Central
Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, however, for
purpose of this provision only, "Owner," as used therein, shall
mean the City of Denton.
f (d) Means and Methods of Construction. That the means
and methods of construction shall be such as Contractor may
choose; subject, however, to the City's right to reject any
Improvements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
I ~J Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
shall apEly, unless the development is a "one lot development,"
as defined by City's Development Code:
(i) a performance bond in an amount not less
than the amount necessary to complete the
Improvements, as determined by the. City
Engineer, shall be submitted guaranteeing
the full and faithful completion of the
I PAGE 4
Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $50,000 or less, as 1
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
F Improvements. Without exception, the City's
escrow agreement form shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
i acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improv meets guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, 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,
(ii) if the total contract amount of all
~J Improvements is $50,000 or less,
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner 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 construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the City
PAGE S
I
Engineer, stating that all bids, chargeF,
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 unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
(c) Retainage• Final Payments. (This provision (c)
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
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 Contractor has furnished
to the owner satisfactory evidence that all indebtedness
' connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion ano approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
i
1.
1
i
. 1
liens, claims, charges or encumbrances of any kind. If, after ~
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure 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 form and substance acceptable to the City,
in the amount of ten percent (101) of the contract amount of
the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
j in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
t
a ents, employees or subcontractors in
the contractors his 8 ud sent, '
construction of the improvements; and shall pay any j 6
with costs, which may be obtained against the Ci'v growing out
of such injury or damage.
Agreement Controllin • That the provision of this
(8)
conflicting provision of any
agreement shall control over any co Contractor as to the
contract between the owner and
construction of the improvements.
agrees
3. Occu anc One Lot Develo ments. Owner further as follows: purchasers, lessee,
(a) That owner will not allow any P went ~
any building within the develop
or other person to occupy the City,
rovements are completed and accepted by
until all Imp 000.00 as
on violation thereof will pay the City $11
and that up
but such payment shall not be deemed
liquidated damages,
may take whatever
approval of such occupancy and the City Y
action necessary to restrain such occupancy. "one lot
at if this contract applies to a
r
(b) Th
and no
development," as defined by City's Development Code,
a sent bond was required or submitted for the
performance or p y ublic, the Owner
' improvements that are to be dedicated to the p any building
shall not be issued a Certificate of Occupancy for
located therein until all required public
constructed or in accordance
improvements have been completed and accepted
with this contract. That, upon proper completion of the
q, Covenants of Cit he City agrees
Improvements in accordance with this agreement, t
PAGE 8
1
to accept the Improvements.
5. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
Executed in triplicate this, J'-day of 19~.
11 l ~ •
~ ~J - S r'Ce -TftcONTRACTOR
OWNER s'c ! a n ei ale r r L-
~ J
BY: /BY:
CITY OF DENTON, TEXAS
B
MANAGER
ATTEST:
J ,T art, 5FLRh i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
B Y :
k PAGE 9
1
. 1
PART -A- - POTABLE WATER AND SANITARY SE'g
WATERLINE (PVC FACILITIES
ITEM QUANTITY UNIT PRICE EXTENSION
Connect to Existing System ,
(6-inch Tapping Sleeve & i
Valve)(Oak Tree) 1 EA Lump Sum $ 3.150.00
Connect to Existing System
(reoove 6-inch Plug i
Bloc-.))Pace Drive) 1 EA Lump Sum $ 210.00
8-inch Watermain 530 LF 14.97/LF 7,934.10
6-inch Watermain 1,960 LF $ 12.34/LF $ 24.186.40
8-inch Cate Valve,
M.J. X H.J. 2 £A $ 472.501EA $ 945.00
6-inch Cate Valve,
M.J. X M.J. 7 EA $ 367.50/EA $ 2,572.50
6-inch Gate Valve,
H.J. X FLGD. 3 EA $_i78.00/EA $ 1,134.00
- 8x6x8-inch Tee,
Y. .J. X FLOG. X H.J. 2 EA $ 157.50/EA $ 315.00
8x6x8-inch Tee,
- H.J. X N.J. X M.J. 3 EA $ 168.00/EA $ 504.00
6x6x6-inch Tee,
H.J. X GLDG. X H.J. 2 EA 147.00/EA $ 294.00
' 6x6x6-inch Tee,
:l. J. X H.J. X M.J. 3 EA j 205,00/2 $ 315.00
6-inch 90 degree bend,
PLOD. X FLGD. 3 EA 162.75/EA $ 488.25
6-inch, 45 degree bend,
H.J. X M.J. 2 EA $ 94.50/EA 189.00
8-inch Plug and Block 2 EA $ 84.00/EA $ _ 168.00
6-inch Plug and Block 4 EA $ 73.50/EA 294.00
Fire Hydrant (6-inch,
City Standerd) 3 EA $ 787,501E $ 2,362.50
1-inch Water Service Tap 34 EA $ 178.50/EA $ 6,069.00
!-inch Water Service Line 700 LF $ 7.88/LF $ 5,516.00
TOTAL WATERLINE FACILITIES $ 56.646.75
i
_ P-3
. r
1
i
_ PART "A" - POTABLE WATER AND SANITARY SEWER (Cont.)
SANITARY SEUE_R (PVC1 FACILITIES
i
ITEM QUANTITY UNIT PRICE E)(TTZNSION
Connect to Existing System
10-inch Stub-out 1 EA Lump Sum S_ 420.00
8-inch Sewer Pipe
0-6 Feet Deep 700 Ls^ S 16.5SL $ 11.578.00
8-inch Sewer Pipe
6-8 Feet Deep 400 LF 17.06 QQ
8-inch CL150, (PVC) Water
Pipe, 0-6 Feet Deep 40 LF $ 22,00= $ 882.00
10-inch Sewer Pipe
0-6 Feet Deep 265 L£ $ 18.06/LF 4. 785,9D
10-inch Sewer Pipe
6-8 Feet Deep 460 LF S 18.59/LF $_x,,§51_40
10-inch, CL150 (PVC) Water
Pipe, 0-6 Feet Deep 60 LF 25.731LF $ 1.543.80
C 10-inch, CL150 (PVC) Water
Pipe, 6-8 Feet Deep 65 LF $ 26.25/LP $ 1.706.25
_ Manhole - City of Denton
00
Standard (6 Feet Deep) 8 EA 945,0011 $ 1,560.00
Extra Depth of Manholes 3 LF S 73.50/LP $ 220.50
10-inch Cleanout 1 EA $ 262.50/EA $ 2650
4-inch Service Wye (Tap) 34 EA $ 63.001EA $ 2.142.00
4-inch Service Line 850 LF $ 12.92/LF $ 10.982.00
Coneret Encasement
- B-inch Pipe 20 LF $ 14.70/GF S~pa,oo
Adjust Manhole to Finish
Paving Grade 4 EA $ 157,SOf $ 630.00
Trench Safety 1 EA Lump Sum 1,470.00
TOTAL SANITARY SEWER FACILITIES $ 59,852,35
TOTAL PART "A" - WATER AND SEWER $ 216.499.10
I` P-4
1
. 1
PART 'B' - ST-FET PAVSHO
ITEM QUANTITY UNIT PRICE EXTENSION 1
Remove Existing Curb 71 LF $ 5.151LF S, 365.65
Excavation (Street 6 ROW) 1 Ea Lump Sum $ 15.965.00
Fill on East Lots 1 EA Lump Sum $ 7,210.00 1
Lime Stabilization 6,490 SY 1.55/SY $ 10.059.50
Hydrated Lime 90 TN $ 84.46/TN $ 7.601.40
1.5-inch, HYAC, :ype '0' 5,120 SY $ 2.68/51 $ 13,721.60
3.5-inch, HNAC, Type "A' 5,120 SY $ 6.23/$Y $ 31.897.60
Valley Cu'.ter, 6-inch,
HHAC, Type "A" 72 SY $ 12.46lSY S A97.12
Surmountable concrete Curb
and Cutter 3,220 LF $ 7.31/LF S 23.536.20
Concrete Flatuork 1,360 SF S 3.24/SF S 4.406.40
Temporary Turn-Around
_ (Gravel) 1,120 SY $ 4,38!51 $ 4,905.60
Erosion Control 1 EA Lur,,p Sum $ 3,60¢.00
i
Street Signs 1 EA Lump Sum $ 515,00
TOTAL PART "B" - STREET PAVING $ 124,688.07
I
P-5
t' W-
4 PART "C" - STORM DRAINAGE EACILSTIE$
ITEM QUANTITY UNIT PRICE EXTENSION
18-inch, Class IV, RCP 56 LF $ 30.45/LF S 1.705.20
24-inch, Class IV, RCP 200 LF $ 32.55/LF $ 6,510.00 r
j Concrete Junction Box
5-foot x 5-foot 1 EA $ 1,837.50/EA $ 1,637.50
8-foot Curb Inlet 2 EA $ 2,047.50/EA S 4.095.00
Concrete Rip-Rap 7 SY $ 3x.50/Sy $ 220.50
Unclassified Channel
Excavation 1,430 LF $ 3.781LF $ 5.405.40
Channel Slope stabilization 1,430 LF $ 2.101LF S 3.003.00
TOTAL PART "C" - STORM DRAINAGE FACILITIES $ 22,776.60
I
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i P-6
1
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PART "D- - ELECTRICAL MO LIGHTING Farm
E
ITEM
QUANTITY UNIT PRICE EXTENSION
Concrete Transformer Pad
4-foot x 4-foot x 6-inches 6 EA -
S- 157 50lEA $ 945.p0
1-inch Electrical Conduit
(PVC) 120 LF
S. 5.00lrF $ 600,00
2-inch Electrical Conduit
(PVC) 3,320 LF
S 5 12/L.F $ 16,498.40
2-1/2-inch Electrical
Conduit (PVC) 1,750 LF
- S~/~? 5.10,250.00
TOTAL PART "0" - ELECTRICAL AND LICHTINO
I I S , 6Q~.,4Q
i
S V:A R Y
B-
T 124,688.OT
FPRGJ'lcT $ I]6~999, lp~
22 776.6_ p
S- 28,69~•40~
S- 292,657 17
it
P-7
1
P.aceipt is hereby acknowledged of the following addenda to the contract
documentsi
addendum No. 1 dated Received +
Addendum No. 2 dated Received,
Addendum No. 3 dated Received '
Addendum No. 4 dated Received
{
Addendum No. 5 dated Received
- The undersigned understands and agrees that the OWNER reserves the right
to reject any or all proposals or to waive any formality or technicality
in any Proposals in the interest of the OWNER except as specifically
limited by the terms of the Contract Documents or applicable laws or
Governmental Regulations.
The Above Proposal Is Respectfully Submitted Bys
` JAGOE-PUBLIC COMPANY 15 NOVEMBER 90
NAME OF CONTRACTOR DATE
I
Vice Prebident - Finance
`
EXECUTED BY (NAME) B111 Cheek (TITLE or POSITION)
- P.O. Box 250 81?-382_2
` BUSINESS ADDRESS TELEPHONE NUMBER
Denton Texas T5401
CITY STATE ZIP CODE
P-8
. 1
STANDARD FORM OF AGREk5[ENT
THIS AGREEHENr, made this 7t day of March , 19 91 by and
between zrHNE1DER 6 JUSTICE INC r
hereinafter called "OWNER"
and JAGOE-PUBLIC COMPANY doing J
business as a Col.-pq ation (an individual, partnership, or
corporation) hereinafter called 'CONTRACTOR."
i
WITNESSEM That for and in consideration of the payments and
agreements hereinafter mentionedi I
1. The CONTRACTOR will commence and complete the construction of J
Potable Water, Sanitary Sewer, Storm Sewer and Street Paving
i
Improvements for EAST OARS, PHASE I, a 34 Lot residential
development.
i 2. The CONTRACTOR will furnish all of the material, supplies, tools,
I
equipment, labor, and other services necessary for the
construction and completion of the PROJECT described herein.
~r
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 5 calendar days after the date of the NOTICE TO
i PROCEED and will complete the same within 100 calendar days
unless the period for completion is extended otherwise by the
` CONTRACT DOCUMENTS.
I SF-1
1
4. The CONTRACTOR agree:, to perform all of the WURK described in the
I
CONTRACT DOCUMENTS and comply with the terms therein.jor the 1
amounts shown and agreed to in the Proposal. '
~ I
5. The term `CONTRACT DOCUMENTS" means and includes the following,
(A) Notice to contractors
(B) Proposal
1
(C) Standard Form of Agreement
I
(D) Bid Bond, Performance Bond, Payment Bond, Certificate of Insurance
and Maintenance Bond
(E) General Conditions
(F) Special Condlrions
(G) Technical Specifications `
(H) Construction Drawings
(1) ADDcNDA:
No. dated 19
No. dated 19
No. dated _ 19
No. dated 19
No. dated 19
No. dated 19
6. The OWNER will pay to the CONTRACTOR in the manner and at such
times as get forth in the General Conditions such amounts an
agreed to in the Proposal and as required by the CONTRACT
DOCUMENTS.
` SF-2
7
7. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and
assigns.
d WITNESS WHEREOF, the parties hereto have executel, or caused to be
executed by their duly authorised officials, this Agreement in
triplicate (3) each of which shall be deemed an original on the date
h first above written.
k
OWNERt SCHNEIDER & JUSTICE INC. CONTRACTOR: JAGOE-9UBLIC COMPANY
BY: BY:
i
NAM Larry Schneider NAKEt Bill Cheek
TITLE: President TITLE: vice Preeident - Finance
ADDRESSt 426 Oak Hill Drive ADDRESS9 P.O. Box
Denton. TX 76201 _Ventoj TX 762Ql
ATTEST:
ATTESTt
SF-3
1
r t w-- - r - . ,
SEAHOARD SURETY COMPANY
ADMINIS'TRATNE OFFICES: BEDIVINSM, NEW JERSEY M21
PERFORMANCE BOND
KNOW AU MEN BY THOSE PRESENT&
That JAGOE-PUBLIC COMPANY, P. 0. Box 250, Denton, Texas 76201
tv" Iwo M sera am w*%& w bow MY, d As swew.l
w Miwipel, h"iwfier caNd Coafrecfer, and SEAJOARD SURETY COVPANY as surety. kerelnaftw galled Swety,
are bald and firmly boend wr%
StHNEIDER & JUSTICE, INC. Denton, Texas
Pr.. Irsd e„ ur W bodpw% I r NOW rek it r nasD
es Obligee, heneiufier clad Owaer in the amosrot of ---Two Hundrre Ninety-Two Thr, ,aqnti-3Ri_
Hun red F ftvY~4gnA 17/100-__------ - Dears 7
a
for thep~yment whereof Contraclor and Surety bind thamselws, their hero, eaecvters, sdnJA keton, Pccencrs
404* joointly and Severely, firmly by 06" prosorth, {
WHEREAS, Contractor has by wrltfan agreement dat:d _+,arrh 7. 1491
entered Into a contract wifh Owner for Mere San.Ia~lr gwer. Store Drainage anL,Syreet
Paving to serve East Oaks Addition jp_j City of Denton
la ateordenn VA drawings and spociflcollone Ppryv,.psamd~ ~
wW eorsfracf Is by m4rena mail • psrf Mrwf, ind h MnhefMr refer»d to as the CONTRACT.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 's such that, H Con!rador shall prom 4y and i
faithfuly rform uid CONTRACT, than W& oggoCon 04N be au1 ad Void; ottwwiu it drat nomain In fA force
and a7
Whemeor Contractor that be, and dacierad by OWnar to be in defaufl under fhe CONTRACT, the OKAw 666
E Mg performed Owner's obti Mons thereunder, the Surety MAY Promptly narrrady the defsuh, or anal "mplly-
(I) Complete flop CONTRACT fa accordance w,!h ih terms end c"Nou, or
f (2) Obtain a bid K bids for ewben4s1on to Ownot for complMing the CONTRACT In tcto &%@ rite Ifs'
bran and candt'wnR end upon deiarmhoPon by Owner end S„ety of the bwest rerperr'bls bidder, arrange fw
a coo.mnct between such bidder W Owner and masse aw7ablo to wwi pro Movo (IV" t h there should be
a doftuft ere e+rccision of defaufts under the con trod ar contreoh of c6nr plet'ron arranged wider INs perraaqwnspphhl
eu%onf finds to pay the cost of completion tats the balance d the contnd p+ieel buff net aeoeedirq, iududinq
ether coifs and damages for wh ch tM Surety maybe heble hetewlder, the emounfwt forth inL _the feet Pen'
graph Woof. The term "bafenca of the contra pnu," as uud in this paragr LW moon All Wet amoart
Peye lo ~y Owner to Controcfor under the CONTRACT end any anwndroents tfarehh lit the amount prepnriy
pe(d ~ to dwracfor.
! r0 under this bend muet be inriifufed before the eaptntie•. of two P) years irom fhe date an WW 44
tf'YMZ ceder the CONTRACT fats dw.
No Ogg of action steal accrue on 11 l4 bond to or for tb rag of any person or corporation other Ow !Ir Owner
used boreia tx free help, w Wton, adninirtraton or swccewon sd Owner.
S*W avid waled fn 7th Jey of March D. 19.2-1-
JAGO -PUBLIC COKP Y -
f .
By
W THE RMSE)JCF OF, R S RRFfI' CGWAMY (Saab
sw.anSWUM Rosemary Weaver, Attorney-in-Fact f
1
1 .
ABOARD SURETY COMPANY
SE '
'
ADMINISTRATIVE OFFICES: BEDMINSTEfl, NEW JERSEY
STATUTORY PAYMENT BOND -TEXAS
(Privste Work)
r KNOW ALL MEN BY THESE PRESENTS:
f THAT G - x Corn parry , a corporation organized and
Original Contmclor (hereinafter Called the Principal), as Pri ncipal, and Seaboard Surety ss in
the existing under the taws of the Statof No York, ad and the th ed t So businee held and firmy bound s, uit ~ office In
the City of New York, New lbrk (hereinafter (hereinafter called the Owner), in theme r ~ i
~4netr Tt<o Tt>oLaand 4 x Hundred Fitty tP~p~.~?sn~ S7 ~lAf1--------
TWO -4k=4 r (here insert an amount equal to total contract) for the payment
and 6*4 heirs, administrators, executors, successors and assigns, jointly
and whereof sever&theI eaid firmly Nrinci by thssepresents~ themselves 7th
!
Water. Sanitary Sauer. storm
WHEREAS, the pat has entered Into acertain written COnti onstOrucrLdated _
day of March ,19 91 to
Drainage 8 Street Paving to serve_East Oaks Addition Denth~:Inexayvhicha~ntractisherebyrefer to
and made a part hereof as fully ano to the same extent as if copied at bngth
{
NOW, THEREFORE, THE CONDITION OF THISOOLIGOONISedmateriaisperforESSAID PRINCIdA►Lindshall eror~ ~ pay
be t4 of
claimants for ell tabor. subcontracts materials and cpec Y shall
said contrW and normal and usual extras thereto (not to exceed 15% ol a sal! contract pricb), then this obligation vold.
otherwise to remain In III force and effect; labor, subcontracts, materials end specially tabricated materials shall be construed
in sscordance with Section 5=1 of the Property Code, added by the Acts of the Regular Session of the 68th LegWature,19ea
1 PROVIDED, HOWEV;.*R, that the Owner having r~eda t~Medsa cipthl toofuml~r ~~ain orde tho ~r to com try Acts of e all
termined with the
rights n Sections 5&201 at sew of the Property le
all rights and remedies on and this bond s inure solely to such CCodee to the same ext~snt as Nethey were copied at s~h herein.
provisions, conditions and IimttaYwns of o1 said Real Property
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument, this
doyof March ,19~--
E-P
(Ph Psi)
SEABOARD SURETY COMPANY
The foregoing bond is hereby approved. BY: j j~ pl t
Rosemary Weaver AitomeyNn-Fact
E t1 T r~r -
By:
Address
2- le?
(Date
aHe
fpm 410
I
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK. N. Y.
I
DUAL OBLIGEE RIDER
TO PERFORMANCE 6 PAYMENT BOND Number--22-41a2--
WHEREAS, on or about the 7th day of March 119 41,
JACOE-PUBLIC COMPANY ' as Contractor,
entered into a written agreement with SCHNEIDER A JUSTICE, INC.
as Owner, for the construction of Hater, Sanitary Sewer, Storm Drainage and Street
Paving to serve East Oaks Addition in the City of Denton
herein referred to as the Contract, and
WHEREAS, the Contractor and Seaboard Surety Company, as Surety, made, executed and
delivered to said Owner their joint and several Bond, and
I 1
! WHEREAS, the Owner has requested that
f THE CITY OF DENTON, TEXAS
(hereinafter celled "Co-obligee") said Co-obligee having a material interest in the performance of
said contract, be named as an obligee in the Bond and has requ- 'ed the Contractor and the Surety
to join with the Owner in the execution and delivery of this ' and the Contractor and Surety
have agreed oo to do upon the conditions herein stated.
i
NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration,
recOp t of which Is hereby acknowledged, the undersigned hereby agree as followa:
The aforesaid Bond shall be and it is hereby amended as fellows:
1. The name of City of Denton, Texas , ra Coob:Iges
shall be added to said Bond as a named obligee.
2. The rights of the Co-obligee shall be subject to the condition precedent that all the Owner's
w7.KM12nM ~n ♦{.n rn f o fnr ha r rfnrmoA' nrnvidM. however. that the as rresrate liahiltty of
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
DUAL OBLIGEE RIDER
TO PERFORMANCE 6 PAYMENT BOND Number-224102-
WHEREAS, on or about the 7th day of march , 19 91,
JAGOE-PUBLIC COMPANY as Contractor,
entered Into a written agreement with SCH14EIDER & JUSTICE, INC.
as Omer, for the construction of Water, Sanitary Sewer, Storm Drainage and Street
Paving to serve East Oaks Addition in the City of Denton
herein referred to as the Contract, and
WHEREAS, the Contractor and Seaboard Surety Company, as Surety, made, executed and
delivered to said Owner their joint and several Bond, and
WHEREAS, the Owner has requested that
THE CITY OF DENTON, TEXAS
(hereinafter called "Co-obligee") said Co-obligee having a material interest in the performance of
said contract, be named as an obligee in the Bond and has requested the Contractor and the Surety
to join with the Owner in the execution and delivery of this Rider and the Contractor and Surety
have agreed so to do upon the conditions herein stated.
NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration,
receipt of which Is hereby acknowledged, the undersigned hereby agree as follows:
The aforesaid Bond shall be and it is hereby amended as follows:
1. The name of City of Denton, Texas , as Co-obligee
shall be added to said Bond as a named obligee.
2 The rights of the Co-obligee shall be subject to the condition precedent that all the Owner's
obligations to the Contractor be performed; provided, however, that the aggregate liability of
the Surety under said Bond, to the Owner and the Cc-obligee, as their Interests may appear, is
limited to the penal sum of the Bond and provided, further, that the Surety may, at its option,
make any payments under said Bond jointly to the Owner and the Co-obligee; and further
provided there (hail be no liability under the Bond to the Owner or to the Co-obligee, or to
either of them, unless payment be made to the Contractor at the time and in the manner
provided in the Contract.
3. Except as herein modified, said Bond shall be and remain in full force and effect.
SIGNED, SEALED AND DATED tlds 7th day of March , 19 91.
SCHNEIDER 4 JUSTICE, INC.
_
EP
0.
z
By mar ~u~ _
JAGOE-PUBLIC C014PANY _
-_-CONTRA OR^
SEABOARD SURETY COMPANY
J.c
By
Rosemary Weaver I _ ATTORNEYM-FACT
FORM 302
1
Certified Copy SUBOARD SURETY COMPANYEEEE 6661
s
No. 10376 ADMINISTRATIVE OFFICES, BEDMINSTER. NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint Rosemary Weaver or
Tony J. Klepec or K.R. Harvey
of Dallas Texas
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance pollcles, surety bonds, undertakings and
other Instruments of similar nature as follows
Without Limitations
t
I
Such insular ;e policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Allorney-in- Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seat; and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1921, with Amendments to and including January 15, 1982 and are still in full force and effect.
ARTICLE VII, SECTION I
`Policies, bonds, racogniaances, stpvtatlons, consents of surety, undanrriling undertakings and Instruments ralatwsg thereto.
Insurancepolic.es,twnds recognaances,stipulations consents of surety and under writing undertakingsof lneComparl andWeases agreem.r1sandofher
wntings relating in any way thereto of to any uam or loss thereunder, shall be signed in the name and on behalf of the Company
(al by the Chairman off" Bnard, ine President aV,ce -Preidertor aFtespderi Vice-Pres,denfardby the Secretary . an Assistant Secrefa7y. aRes,dent
Secretary or if Resident Assistant Secretary of (b) by an Afrorney-m-Fact for the Company appointed and autnonzed by the Chit imam of the Board, the
President or a Vice-Pfes,denl to make such signature. or (cl by such other ofl<ers or represanratiei as the Board may from time to time determire
The Seal of the Company shall if appropnata be affixed thereto by any such officer. A,lomey-m-Fact or representative'
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seat to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 1st
day of September 19 88
es
1 rn,
Attest, SEABOARD SURETY COMPAN
<<r,t~~' (Seaq~/4 a l~-e,pOCa fay M
Assstant Sec etary YK PresiderI
STATE OF NEW JERSEY ss
COUNTY OF SOMERSET
On this 1st day of September 19 88 , before me personally appeared
Michael B. Keegan _ a Vice-President of SEABOARD SURETY COMPANY,
/ with whom I am persona Ay acquainted, who, being by me duty sworn, said that he resides in the State of New. Jersey ;
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument, that he knows the corporate seal of the said Company; that the sea! affixed to said instrument is such corporate Seal;
that it was so affixed by order of the Boardof Directors of said Company, and that he signed his name thereto as Vice-President of
said_ parry by like authority FELICE M. C Afl A IE
r NOTARY PUBLIC OF NE NE14 IERSEY
! J• My Commisslon Exp. June 4. 1991
liiLVC Notary Public
C E R T i F I C A T E
f ~~i Su undersgned Assistant Secretary of SEABOARD SURETY COMPANY do hereby Lertdy that the ongmal Powerof Arlorney of which the foregoing is
a ,rue and cortcopy, ism full force and effect on he date of the CerHhca;eaMfdofurther cert~ly tha7 the Vicz- Presidznt whouxLied the said Pdwerol
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, &CWn 1, of the By-Laws of
SEABOARD SURETY COMPANY
This Certd,cate may besgned and sealed by facsimile under and by aulhonfy Of the fulbw,ng resclution of the Executive r-ommdtee of the Board of
Directors of SEABOARD SURETY COfdPANY at a meeting duly called and he'd on the 25th day of fdarch 1010
-RESOLVED 12) That t; re use of a pf~nted facsimile of the corporate seal of the Company and or the s4gnature of an Ass slant Secretary on any
certification of the correctness of a copy of an ins!rumenf e.ecutad by the president cra Vice-Pres,dent pursuant is Article VII, Section 1, of the By-Laws
appoint,ng and suinoraing an attorney-,n-fan to sign in the name and on behalf of the Company suety bonds, underwriting undertakings Of Other
in StPUnlerlls described ,n said Article YII. Swion 1, w'ilh like effect as if Such seal and Such Pgnatule had been manually affixed and made, hereby is
authorized and approved."
IN WITNESS WH OF, I have hereunto set y and rid aEtr }wed the corporate seal of f e Company to these presents this
„Z91*27 c day of F 19..
s e ,
Asmstant Secretary
%ase~ Fpm 957 ,F" 7 N1
1
I
ISSUE DATE L1OlVl
AC~ro. CFJ"MATT OF 1NWRANCE
HE RS HO CRIGHTS UPON THE CERTIFICA EFHINFORM OLDER A HIS CERTIFICATE
OQEg NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
PRODUCER
Faty Kur 6 Yb r,is x DES sk~TW.--- - - - - - V
707 First State Fctnk P10g. COMPANIES AFFORDING COVERAGE
Fenton, Terns 76201
OOw' A l aTtfor" A$I
GLOwA B %jew ~iP•Ft,cl'riTC
rauRED COIFANY C
LETTER
J', 1j Oe-Public. Coi-Tany, Inc.,
GT.C. Pic tics G soils, Inc. ~q Y D
P. C'. rox 2'50
L)cntOn, Texas 76202 CD%FANY
LCTIER E
OQYFJLAGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE ?OLCY FER100
S
THIS15 TO CERTIFY THAT THE E'OLIdES~M E OR CONOR101i OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHCH THIS
INpiGATED. NOTyYIT1t$TANDING ANY ~ AFFORDED BY THE POLICIES DESCRIBED HEREIN is SU 9;ECT TO ALL THE TERMS.
J CERTIFICATE MAY BE ISSUED OR MAY ~RTAIµ, THE INS>JRAEY HAVE BEEN REDUCED BY PAID CLAIMS
EXCLUSIONS AND COtMT10NS OF SUCH POLICIES. I.MTS SFIOWH
- r EpFE0" DAr[ Ii W 5vp)N LIMITS 7-011T O1`0-
Co TYKE of WSI.W.0" lE POLYP Mu+wEA DATE I Yh
TR GENE.PAL AGGREGATE { I IiliJ OOJ
D r3I PRODUCTS-f,04°fOP AGG. 7"1 1
""`-ACM~L"Y TCP 993 99 06 1~+/1/~CI 1011/
OLWERCVI GENERAL L1ABlITY PERSOwL{ ADV. INJURY 11 ,0C{11 000
C
CLAW (LADE X OCOUL EACH OCCURRENCE 01,000,000 '
OWNERS t CONTRACTOR'S PLOT. FINE DAMAGE (Arl me fire) S 50,000
NEJ EAPENS II"5.000 ~
CO!AB,hE051461E L~,00'J,VUA+
J
`
AUTODeLEUAORM M 994 20 05 1C/IPo 10/1/91 Li4 T
B x ANY AUTO BOCILYINJL'RV s I f
I
X ALL OWNED AUTOS jpaFerso I
X SWEOU1E0 AUTOS BODILY INJURY {
IPCr xc'AeW
X Hi AUTOS
X ypAIOWKO AUTOS pppPERTY CAMAGE {
_ e~/~
GARAGE UABI TTY
EACH OCCURRENCE { 1,000.000
ECECSLANUTY - - 10/1/90 10/1/91 AGGREGATE s 1.000,000
B X UNBR£LLAFORM WA03 3791
STATUTORY LIMITS
J OTHER THAN UIEBEIELUI FORM - , -
~ l
--'°"RF'Iy wErE"snn°R 71 NZ t!!1235 10/1/`:10 19/1/-1 E ACH ACCKENT { ,r."00 , 000 A AND CIsEASE--POLICYLRA.T s 11000/I,000
DI {ASE-EA•:H EMPLOYEE • lEY4X
•4~
EWLOYFJL4' LLAE1U77
' O'f1fER
M SCR'iIOM Of pAE11ATIONSA~HpEySrFCUII fTEJq
_ _ CANCELUITION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ISSU
CERTIFICATE HOLnEJi
iNG 1 &clul E Justice, Inc. "L },0_NDAAS WRITTEN Of CET O THE CERTIIFIATE HCOLUER ENAMED TO THE
on, T . 76
426 00hill IV.
` Uen*.on TX, 7620I LEFT, BUT FAILURE TO MAIL. SUCH NOTICE SHALL IMPOSE NO OBLIGATION
LURRITY OF ANY KING UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHORIZED WRESENTATIVE
rx-ty fang S t Piro i s
i ACORD CORPORATION 1990
I ACORD 25-5 (7M11-- -
I
2 _ J
PROJECT NO. CI)N-1 ACT x0. f~
THE STATE OF 'I..EXAS s
!F1'ELOP'i::\T CONTRACT
COUNTY OF DENTON 5 f - ~
h'hereas, E'.-elby Scocyins
hereafter referred to as "OlmnCr," s11~c'SC b~~`1;!e55 a~1dCC55 15
I _7'_8 h. Eirt, D=neon, .c__as 762Q1------ ~
is the owner of real property located ij: the corporate limits
of the City of Denton, or its extraterritorial L!risdiction; and
the property and such
I+hereas, Owner wishes to develup
development ,Dust be performed jr,. ..ccor{ance with the applicable
ordinances of the City of Denton, hereafter referred to as
"CiL and
Whereas, as 3 condition to the beginning of construct' of
loll said development, a develop-2cnt contract is required to insure
that all streets, water and sewer lines, drainago facilities
and other improvements wl.ick are tc be de:icated to the public,
}iereatter reEcrrcd to as "1C3p1 DVe:1C11LS," a1,e cons t r L'c ted i11
accordance w i t .t th y's S;~CCifications, stand ard s and
the C. i.
ordinances; and
~Seleet applicable prevision as followsl
I Whereas, the Owner elec:s to construct Cite Im- ruvenents
without contracting with another pr-rty as prime contractor, in
which case the provisions o: LIn is contract ;~'iich refer to
"Owners of "Contractor' Shall 1~e3a t':c Owner as n2Lted above; or
1i~G i
.4~
. 1
i
I ?M I Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with Calvert Paving
Corporation _ whose business address is
i
P. 0. Pox 266, Denton, Texas 76202 _ hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
an interest in insuring that the ir;proveraents subject to this
agreement, which will, upon completion and acceptance by the
I City, become public property, are properly constructed in
accordance with the City's specifications ant tha.t payment is
made therefor;
f WlT1'r.SSL'Tli
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
1606 Riney Rd., Denton, Texas 76201
the Uwner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows.
1. Covenants of Cont actor. Contractor agrees as follows:
(a) Specificatio s To construct and install the
Improvements in accor.:r..e with the procedures, specifications
and standard contain:d in Division II and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as arj=nded, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
` f' A r; E: Z
4W ~MMRP~
Sucil 1mprOVemontS, such specifications, stancards, regulations
and ordinances being expressly incorporated Herein by reference
and oeing made a part of the agreement as bough written herein. ~
I
(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvenents shall be performed
in a good and workmanlike manncr and to the satisfaction of the
City Engineer of ;is representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
interpretation of specifications.
The Contractor shall furnish the City Engineer or
i
his representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
with the specifications applicable thereto. Any work done or
I
materials used without suitable inspection by the City may be
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of tho City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until, such failure is
rerodied. If such failure is not recedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
` ?AGE 3
1
.1
~C) rnSI-- 1CE• 'jo provide to. 1isurance is accordance
with the insurance requirements a;),)Iicable to contractors as
provided for jr, Itew 1.26 of Division I
o. the Standard
Specifications fur Public .ion
s_ Construction, .forth central '
Texas, as amended, the provisio;fs
of which are expressly
incorporated herein by reference; provided, however, for
purpose of this provision
only .
' as used therein, shall 1
Mean the City of Denton.
(d) ~;eans arid '.icthods o~ Co;
striicL ion. That the weans
and methods o: construction shall be such as Contractor may
choose; subjer.t, however, to the Cit) y's right to reject an
- y
Ingroveoents for which the means or method of construction does
not, ip the Judgment of t`ic City Engineer, assure that the
Improvements were constructed
accordance wit~1 City
specifications.
Z. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows;
Ca) Perforcar:ce Gon,iS = hscrow `reenent. That
buiidin if
8 permits are to be issued for the development prior to
Completion and acceptance of ell iwprovewents that are to be
dedicated to the public, the followin3 security requirements
shall apply, unless the development is a "one lot development,"
as defined by City's Development code;
~2) a parfocmancc bond in an amount not less
than the amount necessary to complete the
Improvements, as de ter blined by the City
E
the full ngineer, shall be submitted guaranteeing
and faithful completion of the
PAGi i
qF W-
Improvements ;netting the speci_`icatior.s of
tike City, st,ail be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
'texas; or,
(ii) if the cost of completing the improvements,
at the time building permits are requested,
is in an amount of $50,000 or less, a5 w
determined by the City Engineer, cash money
i11 ;r,e a,,oii nt necessary to complete the
Improvements, as determined by the city
engineer, n:a 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 be used.
(b) Paynent Bond; Assurance of Payment. that prior to
acceptance of tt:e Improvements.
a payment bond wilt be furnished inan
4 amount not less than one hundred percent
(100%) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
ciainants supplying labor and materials hafor
ll
the ccnstruction o.* the Imprc end nshall be
execututed favor r an of the approved surety company
ex
authorized to do business is the State of
Texas; or,
(ii) if the total contract amount of all
improvements is $509000 or less, the
determined by the City ingineer,
Improvements, regardless of the contract
„
amount, are for a "one lot development, as
defined by City's Development Code, and a
payment bond has not abbeen ove, submitted
and
accordance with ~iJ uarautee that any and Owner
Contractor agree and g
all debts due to any p e r s on , f irm or
corporation having furnished labor, material
or both in the const ction of athe
nd
Improvements shall be fully paid
satisfied before acceptance prior the
Improvements by the City a that to
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the
PAGE 5
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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 I
paid in full and that there are no unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
cacti of such subcontractors or suppliers
that they have been paid in full.
(c) R,etaina,ge; Final Ravncnts. (This' provision (c}
applies only where the Ownei and Contractor are not he same
party.) That as security for tht• faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
retain ten percent of the total dollar amount of the contract
i
price until after final approval or acceptance of the
improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
1
liens, claims, charges or encu,nbrar,ces of any kind. IE, aster
acceptance of the ii prJ~'C6.CnC~, a:: y cIaiM, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor s:za'_1 upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
the amount of such claim, lion, charge or encumbrance, in favor
of the City, to insure payment of such claiz, lien, charge or i
encumbrance.
li
(e) !;aiutenance Bond. TEiat prior to approval or
` acceptance of the Improvements by the City, to furnish A
maintenance bond in form and substance acco.ptrble to the City,
in the amount of ten percent (10%) of pie contract amount of
the Improvements, insuring the repair and replacement of all
i
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
( f ) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of thA Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
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the Contractor, his a?er.ts, e:dpi0yee5 or subcontractors in
construction of the inproveneat5 as hall pay any judgcent,
with costs, ,which nay be obtained against the City growing out
of such injury or damage.
(g) Agreenent Controilinz. That the provision of this
agreement shall control over any conflicting provision of any
j contract between t},e O,;ner an,' Contractor as to the
construction of the I,-~proveraeats.
3. 0 cc1L,7, ; Une Lot Developments. Owner further agrees
as follows:
(a} Tl:at Owner will not allow any purchasers, lessee,
or other person to occupy any building within the development
until all laprovements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) Chat if this contract applies to a "one lot
development," as defined by ±:ity's Ucvelopceat Code, and no
performance or payment bond was required or submitted for the
improvements that are to be Dedicated ;o the public, the Owner
shall not be issued a Certificate of Occupa.-,cy for any building
constructed or located therein until all required public
improvements ;have been completed and accepted in accordance
with this contract.
4. Coven^nts of City. 'shat, upon proper compietioa of the
lmprove:aents in accorda;tice with this agreement, the City agrees
F.lu~: 3
1
1
to accept the Ir.prove~'c;'ts'
2 ties i:erein agree chat
Governin¢ Las. „ic p .
5. Ccnr.d--
ble Denton County, Texas, and
be enforcea n
this contract sha, I exclusive
if legal action is necessary in connection therewith) rovisions
venue shall lie in Denton County, Texas. Tae terns and p
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. 'Phis contract shall be binding
` to the benefit or' the parties hereto, their
upon and inure
respective successors and assi2,ns '
plicate this, day of i.
Executed in tri, 19 -l~
U
CONTRACTOR j
OWNER Pr1Vii7G
Ci "LVt:r~P CORP.
EgMILBY `COGG1NS -
BY: BY: - E. D. Calvert, President 1
r 4FDD N, TEXAS
„B
Gt
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ATTES' i :
,
!I V/iLYr ~i
T rtPA 'ER+SS Cvi'fl- 'c~;tEl;1K1'
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOViTC i, CITY A'PTGRNEY
BY . y-'-
Page No. 1 of l Pages
CAL.VERT PAVING PROPOSAL AND
'f2688 ACCEPTANCE S
,~a,~P~. 0. Box
Denton, I A 1 6202
1
(817) 387-831
I
PROPOSAL SUI MiTTED TO PHONE DATE
Shelby Soeggins 387-3575 5/1/91
STREET J06 NAME
718 N. Elm 1608 Riney Rd.
CITY, STATE AND ZIP CODE J06 EOCATION
Denton, Texas 76201 Same
ARCHITECT DATE OF PLANS LOB PHONE
Fianu-tt & Nash
I
We hereby submit specdscolions and eutmotes Ior
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{ sidewalks and 6" Sewer Main as per plans fICIL Hamlett & dash.
I r
WT Sun $ 3,000.00
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We Propose hereby to furnish rrwferiol and Iobw complete in accordance with above specifications, fa the sum of
✓ "Three ThML%and and n0/100 ` dollars (S 3,000.00**
Payment to be mode as follows:
Net 30
All molsr,.ai n Wrowteed to be os specAnd AN work to be comptalyd in a ..asman. .
Ida monnn occordmg to siorsdwd p,xrlces. Any albraho, a devwrron from above Authorized f D.
specilKationa ir..alring e.Ira cosh .'n be esecutad only upon .•I lten orders and Sig, alure C
wit becana on e. rra charge over and above IM est-mate All agreements conr'vogrnl E. D. CELIVert
upon strdes, mocivnis cr deky, bsyond our control. Owner so carry fue lo,nodo Note: This proposal may he
and other necessorr insurance Ow workers are lolhy covered by Wodmen's Com withdrawn by us d not accepted within 60 days
pensatron Inswarce
LO of Proposal -The obaye prK„ specllrcaions
saHSfoovy and me herebl oc<epred. You ore oarha~srJ
speof~ed Payment .,It be made at esllned oba. e. Signature
e_ _ Signature-_-
6ACC 693-3
Pages
Pope No.
P7EA G~LVERT RAVtt~C, P. O. &tx 268
-Whom TX 7621)2
(617) 3874!31
PHONE DAPAOPOSA SSUBMITTED TO I1JliT';l[.:'
JOB NAME
STREET 11.: ' : i.:
CITY, STATE AND ZIP CODE ,.r•,; i- JOB PHONE ,
:kl;tti r,:r .r.C,G iL •i62'Ji r
DATE OF PUNS
t
ARCHITECT
1 Vya hereby submit sPa i!il cofioms and estimates for.
1
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COMP 'ate in txcwdo nce with oboe SpecifK06"t, for the sum ol:
WC propose hereby to }urnlth moteAO1 cnd lobar '
- -:-dollars (f
Payment to be mode a$ follows:
,d in a workmon- Aulhoriaed f
m i"d to be w spaciiad. An work to be c0m`94
11
All molw~al N thra' to standard Drxlice+, Arq ehlco rion a derianon ham above
I'rk1 monoar acm, wr~ w4w, and Signature c, I• Tt-
.peci,icolians 'rriroNiny 1.Ir9 cort$ Al wbe a.KUled only upon ct"T
wrll bacoml an 4.110 Ow9c 0`01 ardo Do Wr ~nr,ol~lOwnarl °c~~~}ra tor~rode Not;. This pioposcl rmay be r~') d s.
upon et'Ikvs occldlmis ored@IaY Ow workart ore Iu11T co.erad Lc Wo.k merit cum, withdrawn by us it not occepted within °y
and ate mKenta'e
r
pansation Inwremc~ !7
0 ¢af •TM a6oak Drrq,, eeecrYlEatonr
Ad romd Acceptance of, l t1a l d You era ow,~r,r~
Sigrw,ure__
and .ord~twns or1 w1islKbry and aie trteby Kctp
to do the work as sp Kiliad. pays stmt will be mode as "1104d abo.a.
Siynoturr_-~----
Dole of Acceplamo
DACC 6933
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TF1A 30 daY C:D..
CT1R314{~T YPE OfCFRT
46•~t3 g 718 N. E DestAtt, TTEnsas 761TF.
R EASUPO lDAfFTH
FIRST STATE BANK
{ I'IF?s1 =Tart na a xr, h S 3.000.00
BANK OF I FS
.I nrrs li ,
Doe DSO MM ht F4!e K vgi6le D" N u~ k L 1 WO Frt. CL. "ht T
talky r.1G-f .'64""91 30 day 5.60 TO v,h 10
/ ~idQ~lI~~IMS-fie r~MDV•~•G~ i 1r .71~f{~(~M1.~iil lfV `
i. w7.7 d~ nr~J"?
i.r.n d. ~ ro ..Y..„1. r wnt. r. a .1 N • i!0'w'~jl IIIJJJ VVV
' il1f141. RID OrtKtl
,'S • '(M R•WfLNErT~mI.,E (Y 01^0411 F~ ,
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1233L
PROJECT N0.
CONTRACT N0.
THE STATE OF TEXAS 9
~ JJ
COUNTY OF DENTON § ESCROW AGREEMENT IN LIEU I
OF PERFORMANCE BOND
(Development Contract-Improvements
of $50,000 or Less)
WHEREAS, i
UELBY SCOGGINS
referred to as " n , hereafter
Owner , has undertaken ,
within the to develop property
City of Denton, Texas, or its extraterritorial
,jurisdiction; and
WHEREAS, Owner has, pursuant to the ordinances of the
of Denton, Texas, hereafter referred to as City
development contract to insure that an 'City executed a
any and all streets, water
and sewer lines, drainage facilities or other improvements which
are to be dedicated to the
public, hereafter referred to as
"Improvements", are constructed and completed in accordance with,
the specifications, standards and ordinances of the City; and
WHEREAS, Owner wishes to receive building permits for said
property prior to the completion and approval or acceptance of
the Improvements by the City, and
WHEREAS, in order to receive such building permits Owner
may, where the cost to complete the Improvements is $502000 or
less, in lieu of posting a performance bond, escrow cash money
with a bank as escrow agent in an amount not less than the
amount necessary to insure completion of said Improvements;
I
t
T r TAT r i 1
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DlON, THEREFORE, OWNER, City and {
Bank of Denton
hereafter called "
' Escrow Agent", ~
agree as follows:
1. Amount. Owner
F as a condition to receiving building per-
mits for property located at
lti riney Road
sum of shall deposit the
}h- Ab .sand dollars
«-3 nnn Q4 in cash money, with F -row
Agent, said sum being
in an amount, as determined by the City, necessary to insure
F completion of all Improvements whica are to be dedicated to the
Public; said Improvements being more particularly described in
chat certain development contract dated
the 6_ day of
May , 19 91 , between the
City, Owner and Owner's
Contractor, to which reference is made herein.
2. Notice of Deposit.
No building permits shall be issued
by City for the property herein described until
Es ,row Agent
notifies City, in writing, 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 authorizes the
Escrow Agent, in writing, to release such funds as provided for
herein as follows:
(a) the City Engineer shall &UNLO:"ize the release
all the escrowed funds when all Improvements are
1 PAGE 2
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completed and approved in accordance with
provisions of the development contract; the
determination of which shall be made by the City
Engineer whose judgment shall be binding on all
parties hereto.
(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, i
so long as the remaining funds not released are
sufficient to complete the construction of the
remaining Improvements which have not been, but
are required, to be completed and accepted or
approved by the City.
3. Notices. Any notice to be sent, or required to be sent
I or given under this agreement shall be sent to the address of
the parties hereto, as follows:
CITY: City Engineer
215 East McKinney
Denton, Texas 76201
OWNER: SHELBY SCOGGINS
1608 Riney Road
,
ESCROW AGENT: First State Bank of Denton
lol s. Locust Denton, Texas 76201
4. Fees. Owner agrees to pay any and all fees or costs
charged by the Escrow Agent in connection with this Agreement.
5. Nonliability of Escrow Agent. The Escrow Agent shall
have no responsibility except for the safekeeping and delivery
of the amounts deposited in the Escrow Account in accordance
with this agreement. The Escrow Agent shall not be liable for
` any act done or omitted to be done under this agreement or in
i
PAGE 3
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deposited in the Escrow Account
connection with the amounts gross negligence
Escrow Agents or 1
except as a result of the
If any question, dispute or disagreement
willful misconduct.
I one or morn of the parties hereto and/or any
arises among any
to the funds deposited in the Escrow
other party with respect
interretation of this agreement, the duties
Account, the proper P
of the Escrow Agent hereunder or the rights of the parties to
E
this agreement, the Escrow Agent shall not be required to act
refusal to act until the
and shall not be held liable for ant has the
question or disputf is settled, and the Escrow A8
both of the
absolute right at its discretion to do either or
following: performance under
(a) withhold and/or stop all further
nt is this agreement until
wrthe ittenEscrow
document in sformfiand
substance ptsatisfactory to the Escrow l interested d Agent and
parties
executed and binding upon al
en
hereto (who may includoerth aig8greements)shasat bethe
question, dispute,
r resolved; or
file a suit in interpleader and obtain, by final
(b) a court of competnt juris-
judgment rendered by parties interested in
diction, an order binding all p
the matter.
6. Successors and Assigns. This agreement shall be binding
upon the sticcessors and assigns of the parties hereto.
7. Venue. The parties hereto agree that if any legal action
exclusive
necessary in connection with this agreement, venue
shall lie in Denton County, Texas.
PAGE 4
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IN WITNESS WHEREOr, the said City, Owner, and Escrow Agent
~
have signed this instrument this I_ day of May
I
19 91 .
CITY OF DENTON OWNER
BY: BY:
I ~
ESCROW AGENT First State Bank of Denton
BY:'
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PROJECT N0. 1-07
CONTRACT NO. f1,
THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Whereas, Star Entervri&e
hereafter referred to as "Owner," whose business address is
4500 Fuller Dr. . Suite 400,__W 75036
4 is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and ,
1 Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and
i Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure
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 Is specifications, standards and
ordinances; and
[select applicable provision as follows)
! ( Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the owner as named above; or
. ~ 1
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Whereas, the owner elects to make such Improvements
c r
~.r~LLs-t-eL
hereafter set forth by contracting with inst uction
whose business address is
Company
Dallas, Texas 75240 hereafter
6522 Mossvine Circle,
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
an interest in insuring that the Improvenents subject to this
agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
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made therefor;
WITNESSETH
I
I As to the improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
J reference, to be installed and constructed at
1223 McCormick St., Denton, Trr.as _ the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division 11 and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAU, 2
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.
(b) Authority of City Engineers Inspections, Tests and
Orders. That all work on the Improvements shall be performed
in a good and workmanlike manner and to the satisfaction of the
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City Engineer of hi: representative. The City Engineer shall
decide all questions which arise as to the quality and
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acceptability of materials furnished, work performe', and the
interpretation of specifications.
The Contractor shall furnish the City Engineer or
I '
his represero.-.ive with every reasonable facility for ascer-
taining 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
F
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to 'allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure: is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
I PA(;f 3
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c accordance
insurance. To provide for insurance in
contractors
the insurance requirements applicable to as
Division I of the Stara
provided for in Item 1.26 of
North Central
S ecifications for public A,orks Cons°tfucuh°ch are expressly
Texas, as amended, the provisions
however, for '
incorporated herein by reference; provided
purpose of this provision only, "owner," as used therein, shall
mean: the City of Denton. ,
(d) means and Methods of Construction. That the means
and methods of construction shall be such ht Ctotreject any
choose; subject, however, to the City's rig
does
' Improvements for which the means or method of construction
Engineer, assure that the
in the judgment of the City
not, with city
Improvements were constructed in accordance
specifications.
Z. Mutual Covenants of owner and Contractor. owner and
Contractor mutually agree as follows:
Escrow Agreement, That i=
(a) Performance Bonds.
prior to
building permits are to be issued for the development pr
r acceptance of all improvements that are to be
completion and requirement
dedicated to the public, the following security
shall apply, unless the development is a "one lot development,"
as defined by City's Development Code:
(i) a performance bond in an mount no to lthe omp than the amount
as ndetsermined by the city
Engineer improvements s , ha be submitted guaranteeing
, ll son of the
the full and faithful comp
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Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii} if the cost of completing the Im rovem {
at the ti p
me building permits are requessttedp
ed, ~
is in an 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 be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
t '
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, 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,
(ii) if the total contract amount of all
Improvements is $50,000 or less, as
determined by the City Engineer, or the
' Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner 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 construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
a Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
i affidavit, in a form provided by the City
PAGE 5
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Engineer, stating that a I I 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 unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction Of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full. ,
(c) Retainage; Final Payments. (This provision (c)
applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
` 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
i
Contractor the retainage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
I materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
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liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
c the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure payment of such claim, lien, charge or
encumbrance.
i
(e) maintenance Bond. That prior to approval or
acceptance of the Improvements by the City, to furnish a
maintenance bond in form and substance acceptable to the City,
in the amount of ten percent (101) of the contract amount of
the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
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the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or damage.
(g) Agreement Controi.lin. That the provision of this
agreement shall cor.trol over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
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3. Occupancy; One Lot Developments. Owner further agrees
as follows:
I
(a) That Owner rill not allow any purchasers, lessee,
I ~
or other person to occupy any building within the development
until all Improvements are completed and accepted by the City,
and that upon violation thereof will pay the City $3,000.00 as
liquidated damages, but such payment shall not be deemed
I
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until a I I required public
improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAr)'E 8
t
to accept the Improvements.
5. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
vcnue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
1
i 'respective successors and assigns.
Executed in triplicate this, 7"* day of QorvkrA 1991 .
I
OWNER: Star Enterprise CONTRACTOR
~
BY BY:
CITY 01' DENTON, TEXAS
l tdi NA-7 ER
ATTEST:
3 I VR ALTERS, CITY SEC LTARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI CRAYOVITCH, CITY A1TORNEY
i
By ~ PAGE 9
l
EXHIBIT A
Location: Denton, Texas
1223 McCormick St, i
DT
escription Of Work: Construct 175 linear feet of 4' wide
city sidewalk along Greenlee St, and
I. H. 35E Service Road. All work to be
per City of Denton rules and regulations.
i
Contract Amount Of Work: $1,467,00
I
1W a~-~- s -T Mann
1
1378L
,
BOND # 761-1865
PROJECT NO.
CONTRACT NO.
CONTRACTOR'S PAYMENT BOND
,
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That _ McAlister one r+zctinn fn pa,,v i
I
of Dallas Texas
Texas hereinafter called "Principal" and
Universal Surety of America
a corpo-
ration organized under the laws of the State of Texas
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation in Denton County, Texas,
I
hereinafter called "City", and star Enterprise
hereinafter called "Developer",
and unto all persons, firms and corporations who may furnish
materials or perform labor for the building or improvements here-
inaf ter referred to in the penal sum of One Thousand Five Hundred
& 00/100----------------- - 11500.00
)
lawful money of the United States, to be paid in Denton County,
Texas, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, ^.xecutors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the
Principal entered into a certain contract with Developer dated
as of the 7th day of October 1991 (the "Contract"),
I
1
1
}
1
a copy of which is attached hereto and made a part hereof, for
construction of 251-4x qI -
4 carar was ra~Le building
1
t0 serve 1223 McCormick
the City o Dew n enton County, exas an Addition to
NOW, THEREFORE,
pel coshndl
that, if the Princitha
ailtiopnrooftltyhismakobligation e payment is to such
ch
claimants, as defined in Article 5160, Revised Civil Statutes of {
Texas and all claimants as that term is used in Article S472d,
Revised Civil Statutes of Texas, as recodified in Chapter 53,
Subchapter I of the Texas Property Code, sulying lo materials in the prosecution of the work provided forainrsaid
Contract, then this obligation shall be null and void, otherwise,
it shall remain in full force and effect.
This Bond is made and entered into solely for the protection
I of all claimants Supplying labor and material in the prosecution
j 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 5472d, Revised
I Civil Statutes, as recodified in Chapter S3, Subchapter I of the
Texas Property Code, as the case may be,
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Denton County, Texas. The said
surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the
specifications accompanying the same stall in any wise affect its
obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the City
and/or Developer and the Principal shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, ecch one of which shall be deemed an original, this the
7th day of October
1991 ,
PRINCIPAL
McAlister Construction Company
CONTRACTOR'S PAYMENT BOND/PAGE 2
y
BY:
SECRETARY ?RING PI A~ President
6822 Mossvine Circle
Dallas, Texas 75240
A ress
1IiTNE A TO PRI CIPA1
6822 Mossvine Circle -
Dallas, Texas 75240
A ress
SURETY
I
Universal Suret of America
I
BY. t 0 n y-ln- acc
SECRETARY RETY
5440 Harvest Hill. Ste. 172
Texas 75230
, Dallas,
ress
kISESS A T SURE`
k 5440 Harvest Hill #172 Dallas, Tx
A ress
TE: POWER OF ATTORNEY OF SURETY DATE OF BOND
O
N MUST NOT BE PRIOR
CONTRACTOR'S PAYMENT BOND/PAGE 3
1379L
BOND # 761-1865
PROJECT NO.
CONTRACT NO.
CONTRACTOR'S PERFORMANCE BOND
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That McAlister Construction Company
of Dallas Texas 1
r
Texas hereinafter called "Principal" and
Universal Surety of America a corpo-
ration organized under the laws of the State of Texas
i
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation in Denton County, Texas,
hereinafter called "City", and Star Enterprise
hereinafter called "Developer",
in the penal sum of One Thousand Five Hundred & 00/100-----------------
law ul money o t e Unite States, to be paid ' in--15enton County,
Texas, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the
Principal entered into a certain contract with Developer dated
as of the Ith day of October , 1991 , (the "Contract"),
F-
a copy of which is attache hereto and ma3e a part hereof, for
construction Of 25'-4" x 411-4" car wash/storage building
to serve 1223 McCormick an Addition to
the City of Denton, Denton County, 'texas;
1
NOW, THEREFORE, if the Principal shall we 11, truly and
faithfully perform its duties, all of the undertakings,
covenants, terms, conditions and agreements of said Contract
during the original term thereof, and any extensions thereof
which may be granted by the City and/or Developer with or
without notice to the Surety, and if he shall satisfy ail claims
and demands incurred under such Contract, and shall fully
indemnify and save harmless the City and the Developer from all
costs and damages which each may suffer by reason of failure to
do so, and shall reimburse and repay the City and the Developer
all outlay and expense which the City or the Developer may incur
in making good any default, and shall promptly make payment to
all persons, firms, subcontractors and corporations furnishing
materials for or performing labor in the prosecution o the work
provided for in such Contract, and any authorized extension or
modification thereof, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Denton County, Texas, and the said
' Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the Contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect
its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to
the terms of the Contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
7th day of October 1991
PRINCIPAL
McAlister Construction Company_
BY:
%,n~~
SECRETARY (PRINCIPAL)
Don C. McAlister
6622 Mossvine Circle
Dallas, Texas 75240
(Address)
CONTRACTOR'S PERFORMANCE BOND/PAGE 2
WITNESS S T PRINCIPAL
6822 Mossvine Circle
Dallas,, Texas 75240
(Address)
1 I
I
I SURETY
Universal Suretv of America
t
SECRETARYU T BY: W-ttorney-in- act
5440 Harvest Hill, Ste, 272
Dallas Texas 75230
(Address)
IT E SS A TO SURETY
5440 Harveat Hill, Ste. 1729 Dallas, Tx
ress
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
CONTRACTOR'S PERFORMANCE BOND/PAGE 3
1~
UNIVERSAL SURETY OF AMERICA
1812 Durharr. / Houston, Texas 77007 1865
GPA 761 For vcririntion of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Know AU Men bj ese Prereans, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under
the laws of the State ( rexas, and having its principal office in I(oaston, Texas, does by these presents snake, constitute and appoint
Rnll~by Y_ Al l&
Of ~allat8 and State of Texas its true and lawful Attorney(:}in-Fact, with full power
and authority hereby conferred in it ime, place and stud, to execute, acknowledge and deliver
Aonde nne to-e=,-Ad $1 ?S0. ;n- tinlnee piCh iG SCCnMpjanied by, a letter Of -
stjthorlity l by the pr. de tT. SC CCret Ar. err recut iue Vi Ce President
I of Itnaenro&l Svreev Of 1~, _C4
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, staled with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying end confirming all that the said Attorney(s)in-Fact may do
within the above stated [imitations, and such authority is to continue in force until January 31, 1993
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the 11th day of July, 1984.
"Bc It Resolved that the President, any Vice Pr skicnt, Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint any one or more suitable persons as Attoroe (s)-in-Fact to represent and act for and on behalf of
'
the Company,"
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that such printed facsimile signature and sal shall be valid and binding apon
the corporation."
la Wilum Il7termf,, Universal Surety of America has caused these presents to be 4 *W by its
President John Knox Jr and its corporate wall
to be hereto affixed this rat day of March , A.D., 19 90
UNIVER.cA R A
U` Br.
SState of Ttau John ox,`Jr. h~iidaM
Coumy of Harris
On this la t day or March in the year 90 , zorcmc Wendy W. Stuckey
a notary public, personally appeared John Knox. Jr. , persona9y keoao to we to be dw
person who executed the within kw"rocat as President on belsaHof the ampota:eta therein
nsesed and acknowledged to me tMt the corporation executed it.
"w sr~
+ t r Notary Public
I, the undersigned S"-retap of Universal Surety of America, hereby certify that the above and foregoing is a full, true and coned
copy of the Original Power of Attorney issued by said Company, and do hereby further Bendy that t said Power of Attorney is gill in
force and aired. ~r1
GIVEN under my hand and the seal of said Company, at Houston. Texas, this T day of
,OF f V ~-''7
Secretary
COMPLAINT NOTICE: Should any disputes arise regardingeither you! premium or & claim, contact Universal
Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you
may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512)475-1771. This notice
of Complaint procedure is for information only and does not become a part or condition of this boml.
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
MENEM
1
0763L
BOND # 761-1865
PROJECT NO.
CONTRACT NO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS 9
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON g
That MrAltster Constriction Company
of Dallas County, Texas, hereinafter called Principal
and Universal Surety of America
i
a Corporation organized under the laws o the State o Texas
and authorized to do business in the State of Texas, hereafter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City"in the penal surd of Or. Tho"aAnd Five
Hundred & 00/100-------------------------------------- 1500.0000 }
Dollars, lawful money o the United States, the said sum F ng
ten percent (10X) of the total amount of the hereinafter men-
tioned contract, for the payment of which sum well and truly to
f be made we bind ourselves, our heirs, execLitors, administrators,
and successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Contractor, dated the 7th day of October , 19 91 , in
the proper performance ~fi ich the City f Denton, Texas, has
an interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
251-4" x 411-4" car wash/storage building
CONTRACTOR'S MAINTENANCE BOND-PAGE ONE
i
r
NOW2 THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other 1
cause or condition, known or unknown, at any time during the
and bond, which
shalldbe of this
clusive,1edeterminesengineer,
be the eresu judgment
of
defective work, materials or labor; then this obligation shall
be void, otherwise to remain in full force and effect.
In case the said Principal shall fail to maintain, repair or
reconstruct any defective condition of the work as determined
herein, it is agreed that the City may do said work and supply
such materials as necessary and charge the sum against the said I
Principal and Surety on this obligation.
I
i
It is further agreed that this obligation shall be continued
one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond
shall have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed,
diminished, or in any manner r.ffected from any cause during said
time.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
7th_ day of October 19 91
PRINCIPAL SURETY
McAlister Construction Company Universal Surety of America
BY: BY:
TT EY IAA-FACT
CONTRACTOR'S MAINTENANCE BOND-PAGE TWO
1
,I OF AT
PRIOR TO MCONTRACTUST BE DATE OF BOND
SURE NOTE MUST. BETORNEY
i
g1iF,ST:
Th-CWT A YY
i
I
CONTRACTOR'S MAINTENANCE BOND-PAGE THREE
T T '
Row
i 1
PROJECT NO. q1 -QV
CONTRACT NO.
TOE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Whereas, Denton Baptist Association
hereafter referred to as "owner," whose business address is
3311 North IH35 Denton Texas 76201
is the owner of real property located in the corporate B alts i
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, owner wishes to develop the property and such
I` development must be performed 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 of
said development, a development contract is required to insure
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)
Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Uwner as named above; or
PAGE 1
I
. 1
~v I
J$$ whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with
Murray Construction Co., Inc. , whose business address is
515 North Kealy Ave., Lewisville. Texas 75057 hereafter
referred to as "Contractor"; and
Whereas, owner and Contractor recognize that the City has
an interest in insuring that the Improvements subject to this
1 agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in 1
accordance with the city's specifications and that payment is +
i
made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at Along the East
service road of IN35 East from Jim Chiristal Road to the Denton
Baptist Association Property - ApRioxiMately 1,190, ,
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows;
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division lI and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAGE 2
i
rovements, su(.'j specifications, standards, regulations
such Imp reference
and ordinances being expressly incorporated herein by
and being made a part of the agreement as though written herein.
Authority of City EngineeIns~ctions Tests and
(b) performed
orders. That all work on the improvements shall be p
in a good and workmanlike manner and to the satisfaction o the i
City Engineer of his representative. The City Engineer
decide all questions which arise as to the quality and ,
of materials furnished, work performed, and the {
acceptability
interpretation of specifications.
The Contractor shall furnish the City Engineer or
reasonable facility for ascer-
taining representative with every taining 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 removed and replaced at Contractor's expense,
4 Upon failure of the Contractor to allow for
to test materials furnished, to satisfactorily
Inspection, }ected, unauthor-
repair, remove or replace, if so directed, re
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notlfy the owner ci such failure and
' may suspend inspections of such work until such failure is
remedied. if such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
PAGE I
I
(c) Insurance. To provide for Insurance in accordance '
with the insurance requirements applicable to contractors as
provided for in Item 1.26 of Division I of the Standard
Specifications for 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, "Owner," as used therein, shall
mean the City of Denton.
(d) Means and Methods of Construction. That the means
i
and methods of construction shall be such as Contractor ■ay
choose; subject, however, to the City's right to reject any
Improvements for which the means or method of construction does-
not, in the judgment of the City Engineer, assure that- the
Improvements were constructed in accordance with City
j
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds. Escrow Agreement. That if
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements
shall apply, unless the development is a "one lot development,"
as defined by City's Development Code:
(i) a performance bond in an amount not less
than the amount necessary to complete the
Improvements, as determined by the City
Engineer, shall be submitted guarar.teeing
the full and faithful completion of the
PAGE 4
. 1
~I
Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(Ii) if the cost of completing the improvements,
at the time building permits are requested,
is in an 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 fore shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the improvements:
(1) a payment bond will be furnished in an=
amount not less than one hundred percent:
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
` the construction of the Improvements, 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,
(11) if the total contract amount of all
Improvements is $50,000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a "one lot development," as
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (I) above, Owner 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 construction of the
Improvements shall be fully paid and
satisfied before acceptance of the
Improvements by the city and that prior to
acceptance of the Improvements, the Owner
and Contractor shall furnish a written
affidavit, in a form provided by the City
PAGE 5
- T-
1 .
1
Engineer, stating that all bids, charges,
accounts or claims material furnished inr connectionf with the
construction of the Improvements have been
paid in full and that there are no unre-
leased recorded liens filed against the I
Improvements, or land to which they .are
affixed, that are to be dedicated to the }
public.
r~ That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
(c) Retainage, final Payments, (This provision (c)
{ applies only where the Owner and Contractor are not he same.,
i ~
j party.) That as security for the faithful completion of the,
Improvements, Contractor and Owner agree that the Owner shall
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 retalnage, only after Contractor has furnished
to the Owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
' materials apparatus, fixtures or machinery furnished for and
.used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
!lens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claia
lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien
i ~ charge or encumbrance to be
' satisfied and released or
promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure
payment of such claim, lien, charge or
encumbrance.
` (e) Maintenance
f Bond. That prior to
acceptance of approval or
the improvements by the city, to furnish a
maintenance bond In form and substance acceptable to the Cir
In the amount of ten y'
percent (101) of the contract amount of
~ the improvements insuring the repair and replacement of all
defects due to faulty material
1 and workmanship that appear
within one year from the date of acceptance. The bond shall be
in favor of the City and shall
be executed by an approved
surety company authorized to do business In the State of Texas.
(f) Indemnification. To indemnify, defend and save
' harmless, the city, its officers
suits, actions or chips of an , agents and employees from all
any character, name and description
brought for or on account of any Injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
,j
the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any )udgme.it,
with costs, which may be obtained against the City growing out
of such Injury or damage.
(g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
~ I
f construction of the Improvements.
Ilf 3. Occupancy; One Lot Developments. Owner further agrees
as follows:
(a) That Owner will not allow any purchasers, lessee,
r ~
or other person to occupy any building within the development
I until all Improvements are completed and accepted by the City,
h
and that upon violation thereof will pay the City $1,000.00 as
liquidated damages, but such payment shall not be deemed
approval of such occupancy and the City may take whatever
action necessary to restrain such occupancy.
(b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improvement! that are to be dedicated to the public, the Owner
shall not be Issued a Certificate of Occupancy for any building
constructed or located therein until all required public
Improvements have been completed and accepted in accordance
with this contract.
d. Covenants of City. That, upon proper corpletion of the
Improvements in accordance with this agreement, the City agrees-
PAGE 8
to accept the Improvements.
S. Venue and Governing Law. The parties herein agree that
this contract shall be enforceable in Denton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed In accordance with the laws
E
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding
upon and inure to the benefit of the parties hereto, their
respective successors arjO assigns.
t
Executed in triplicate this, L day of /'gw
- 19 y/
OWNER CONTRACTOR
BY: /I/W~ ti BY•
Dst ation Oliver rH. Mur a , Pres ent
EXASion C Fnc.
II ~y CITY OFrDnATON,sTtruc
~C
Russe 1 xare, Trustee
B
ATTEST: f
Z~/ 44T- ~i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCii, CITY ATTORNEY
BY :t
PAGE 9
Eat-Not Contract Quantities 515RNo.CKFALY`1ST1ON CO., INC-
DATE INovember 1. 1991 LEWISVILLE. TEXAS 75057
(21h) h36-4566 FAX! (21h) 219-0019
TO IDenten RRrtfst ARROCIRtlO~1lRineer ! 11 R A ConRUltnntR, Inc-
N36-9712
Sr e. Ca ! city of Vento1%
bmsc, or Work f SanltarY Sewet•
t.ocat ton . Den ton RArt I R t Spwor
---Job : DAP-
ITEM TOTA1,
DESCRIPTION QUANTITY UNIT PP.1CF.
-
~ --~8 SDR-26 PVC SANITARY 35 r' 1 5 . 00 525.00
2 8" SDR-35 PVC SANITARY 1155 1•r• 13.15 15. 188.25
ROO 00 2.h00.00
h' DiAM. STD. MANF1Of,F 3 OR.
PA. 250.00 T.50.O0
It COIINECT TO EXISTING SEWER t Pn. 50.00 50'00
5 END E PLUG 1 nn. 171.75 171.75
6 6" SOR-35 PVC SERVICF
7 SEWER TEST 1 en. 1h0o. on I.h0o.00
8 TRENCH SAFETY 1190 1.r. 1.00 1.190.00
r, 1.50 600.00
p SAWED BREAKOUT GROOVE hoo I. f. 00
10 FLEXIBLE BASE 15 C.Y. 30.00 50.
11 HMAC 11 Tong 100.00 1,100.00
1
12 SUB-TOTAL SANITARY I 5-2-3.--3-2-5.--00
l23.325.00
TOTAL CON'[RACT
Denton Baptist Association Murray Construction Co.. Inc.
-