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HomeMy WebLinkAbout1992 r f - . DEVELOPMENT CONTRACTS 1992 f DEVELOPMENT CONTRACTS 1992 Cracker Barrel Old Country Stere, Inc. Denton County MHMR Center Denton Independent School District (3) Exposition Mills of Texas, Inc. Food Lion, Inc. (3) Goldfield, Mr. & Mrs. Alan Hansen, Dick - Kenmel Corp, Irwin, Dale Johnson, Don Lodge Construction Co., Inc. Morgan, Marvin Mason•Harrison-Jarrard Enterprises Verrilli, Michael J. - Sherwood Mobile Home Park 1 r + aA1100l7S PROJECT NO. 7'Z ~3 CONTRACT THE STATE OF TEXAS S DEVFj&kM T_9ONTRACT COUNTY OF DENTON S whereas, Cracker Barrel Old Country Store, Inc. hereafter referred to as ('Owner," whose business address is P.D. Box 781, p.1rfejn„ nr ~1g innn. TN zMxa, is the owner of real property located in the corporate 1.imSts of the City of Denton, or its extraterritorial jurisdiction) and whereas, Owner wishes to develop the property and such devol opment must be performed in accordance with the applicable ordi- nances of tho City of Denton, hereafter referred to as "City"1 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 to dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the city's specifications, standards and ordinances and whereas, the Ownur electo to construct the Improvements with- out contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above, and owner agrees to complete, not later than July 30, 1993 , the improvements set forth herein and described in Exhibit "B" attached hereto, tho ZO'd 900'~N il:~T Z019Z 1-10 94'Z9-999-1T9-T 111 N01N3Q JO A11D ' r f plans for the construction of improvements, which is incorporated heroin by reference; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the 'improvements subject to this agreement, which will, upon cemplotion and acceptance by the City, become public property, are property constructed in accordance with the City's specifications and that payment is made therefor; NITNE681{TH 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 4008 IH-36 North, Denton, Texas, the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as followst 1. C yr enanta of-CO;craotgr. contractor agrees as followes (a) To construct And install the Improvements as de- scribed in the plans attached hereto as Exhibit "6" and to complete such construction not later than July 301 1993 Con- traetor/Owner agrees to construct such improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City~s Standard 5.pegi icat),ons for gublio works Conutruct1on North i)tral Tees, sa emended, and all addondums therato, &nd all other rogulatiojie, ordinances or speci- fications applicable to such Improvements, such specificaticne, standards, regulations and ordinances being expressly incorporated PAGE Z £0'd 900' ON 1,1:61 L6196 1~0 9~L8-995-618-1: 31 NO1N?0 J0 kilo s i 1 herein by reference and being mada a part of the agreement as though written haroin. (b) dlLthori y_qf C_jty Xg 34 Orders. That all work on the improvements shall be performed in a r good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the speci- fications applicable thereto. Any work done or materials used without suitable inspection by the City may bG ordered removed and replaced at Contractor's expense, I Upon failure of the contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work 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 suoh failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the aatisfact:on of the City Engineer, the city shall have no obli- 4 gation under this agreement to approve or accept the improvements, i (c) jndutgnc,& To provide for insurance in accordance I with the insurance requirements applicable to contractors as PAGE ] J CO'd 990'oN zl:Zt ?6'9~ 1'U 9£%B 935-SSA-Y: 131 ~:UlN3U .i0 hl[U h I i f provided for in Ttem 1.25 of Division I of the Jitandard S°°ci" 2~ations for Publia amended, the provisions of wt as ich are expressly incorporated herein by reference, prol.ded, however, for purpose of this provision l only, 110wner,n as used therein, shall mean the City of Denton. (d) Means and Hey . IL That the means and methods of construction shall be such as Contractor may choegel subject, however, to the City's right to reject any rmprovementI I 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' MSitual ~9Yflnants of contractor mutually agree as follows Owner and (a) Performance Sender c _ building permits are to be issued for the deveent jot if completion and acceptance of all Improvements that are to be dedicated to the public, the followi,I security requirements shall apply, unless the development is a none lot development,„ as defined by Cityre Development Codoi (i) a performance bond in an amount not less than the amount necessary to complete the improve- ments, as determined by the City Engineer, faithful submitte oftethery 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 Statt of Texas or, (ii) if the cost of completing the improvements, at the time bul.lding permits are requested, is in an amount of $sopooo or leas, as determined by PATE 4 50'd 900'cN O~:ZT L619L 1~0 a4Zg ~,q,-21Et_1:131 NO1N3II 30 1,110 the City Engineer, cash money in the amount necessary to eomplete the Improvements, as determined by the City Engineer, may be de- posited with a bank as eeorow agent pursuant t an escrow agreement ensuring completion of the Improvements, Without exception, the Cityta escrow agreement form shall be used. (b) Pavmen - BondLgyXfl_pf Paymenf. That prior to acceptance of the Improvements: I (i) a not lose than payment bond will be furnished in an amount n hundred percent approximate total cost of the(contract cost of the Improvements, guaranteeing the lull and proper protection of all claimants supplying labor and material for the con, struction 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 Texasl or, (ii) if the total contract amount o[ all improvements is $80,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as dofined by city's Development coda, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that coany and all debts having d furnished labor# rater.tal or both in the construction of the Improve- ments shall be fully paid and satisfied before acceptance of the improvements by the City and that prior to acceptance of the improvemente, the Owner and Contractor shall furnish a written affidavit, in a form provided by the C accounts or claitne ity Engineer, stating that labor all bppids, charges, material furnished inr connection f with the construction of the Improvements have boon paid in full and that there are no unreleased r3corded liena filed againbt 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 or Contractor shall furnish a complete list of al), auboontractors who performed labor PAO E 5 90'd 900'ON OZ:ZI Z619Z l30 9£LB-90,-1)g );131 Nn1N3U 3O dlIJ i I 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 bean paid in full. (o) Retainaaer_ Final Pavmea%, (This provision (c) applies only where the owner and Contractor are not the 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 ratainags, f only after contractor has furnished to the owner satisfactory evidence that all indebtednoaa connected with the work and all sums of money due for labor, materials, apparatus, fixturee or machinery futnished for and used in the porformana+t of the work have been paid or otherwise satisfied. (d) FidSW1 MnaggL That upon completion and approval or acceptance of the improvements of the City, the Improvements shall boco:~: the proporty of the City free and oloar of all lions, claims, charges or ancumbrancos of any kind. If, after acceptance of the Inprovements, any claim, lion, charge or encumbrance io 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 bona with the City in the amount of such claim, h PAGE 6 lo'd 900'ON M Z1 26197 i~0 9£78-99S-118-1:131 NO1N30 A AND . lien, charge or encumbrance, in favor of the city, to insure payment of Such claim, lien, charge or enoumbrannce. (e) KdZtenanca aenU That ~ prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in f Torn and substanoo acceptable to the City, in the amount of ten percent (101) of the contract amount of the Improvements, ensuring tho repair and replacement of all defects due to faulty material and workmanship that appear within oiis year from the date of acceptance. The bond shall be in favor of the City and shall Lo I executed by an approved surety company authorized to do business in J the State of Texas. I (f) IQA@~inilica*~.±~~ To indemnif Yt defend and save ~ harmless, the city, its officers, agents and employees from all suits, actions or claims of any character, nano and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of thu contraotar, his agents, employees or sub- contractora; or on account of any negligent act of fault of the i Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with coats, which may be obtained against tho City growing out of such injury or { damage. I (g) Agement Control 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, PAGE 7 1 80'1 900'oN ZZ,Z1 76192 "D 9~Z8-935-2I8-I."131 tJO1t43Q 20 A1I0 r I I I 3. occuaancvt one Developm~~, Owner further agrees as lgllowsi (a) That Owner will not allow any purchasers, losses, or other person to OCCUPY any building within the development until all Improvements are Completed and accepted by the City, and that upon violation "ereof will Pay the city 53,040.04 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 'Iona 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 theroin until all required public improve- ments have been completed and accepted in accordance with this contract. 4. Covenan . of Gj.>Y-L That, upon proper Improvements in accordance with this a9reeet' the citY tian oe the grass to accept the improvements, g• YQ[lue and Governina L The parties herein agree Ghat 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 decieiona of the state of t'exam. PAGE 6 60'd 900'cN ZZ:ZI W 9C 11 0 9£~t;-99S--1 t8-1:131 NO1N30 .iU A1I0 1 G. ,iliLCeeeor and AseigU.L This contract shall be binding upon and inure to the benefit of the Parties hereto, their respectivo successors and assigns. Executed in triplicate this A-!~day of OWNER , 1992. i CONTRACTOR By$ BY: N, TEXAS CITY O4YWAa-ER ATTESTI JENNIFER WALTERS, CITY SECRETARY BY! APPROVED AS TO LEGAL FOR141 DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 9 nt'd 900'ot{ t Ty g, taq 9~,..g..~~5 Lt? f l31 IIp1H7] d0 A1IJ 1233L PROJECT NO. CONTRACT NO. THE S'rATE OF TE' u1S 3 ESCROW AGREEMENT IN LIEU _ COUNTY OF UEMN § OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, Cracker [carrel Old Counl.ry Store, 'lncv ~ hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the. City I of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that 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 accordarice with tue specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said I property prior to the completion and approval or acceptance of tha Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improveir:~nts is $50,000 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; f I NOW, 'PHEREFORE, OWNER, City and First State Bank neglon, Teaa , hereafter called "Escrow Agent", agree as follows: r 1. Amount. Owner, as a condition to receiving building per. mits for property located at 4008 IB35 Nortb, Denton Tpaas r shall deposit the sum of fourteen Thousand, Five 8undred and Twenty dollars in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all improvements which are to be dedicated to the public; said improvements being more particularly described in that certain development contract dated the -A day of 19_.g2,.,, between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of heyosit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, ha3 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 authorize the release all the escrowed funds when all Improvements are PAGE 2 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, tha Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have nct 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 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: Cracker Barrel old Country Store, Inc. Attas Michael. Wendel P.O. Box 767, Bartainn Dr., Lebanon, TN 37088-0787 ESCROW AGENT: First State Bank P.O. Box 300, D.nton, TX 76202 4. Fees. Owner agrees to pay any and all fee! or costs charged by the Escrow Agent in connection with this Agr3ement. 5. Nonl_iability 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 PAGE 3 connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to I this agreement, the Escrow Agent shall not be required to act I and shall not ba held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment renlered by a court of competent juris- diction, an order binding all parties interested in the matter. b. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 f I i IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent I have signed this instrument this day of I - 19!. CITY OF DEINTON OWNER I BY: BY: ESCROW AGENT I 7 {+i ~rQt~ST~4Tf pANKef ~EN/uti~ 1 BY: I i I i I rAGE 5 I ? I to)-Sd-1992 14!!S FR011 CRACKER BARREL DEV. TO 98175650436 F.02 i DESIGN and Anna =011an ENGINEERING EXNISI2 A ENGINEER'S COST ESTIMATS r j FOR PUBLIC IMPROVEMENTS CRACKER BARREL OLD COUNTRY STORE, INC. DRNTON, TEXAS $300.00 LUMP '%m $ 300.00 Ditch Grading Sidewalks 3000 s.f. 0 $2.50/s.f. $7,500.00 j ~tmwatBC SY53Y(?' ' 24" RCP 110 l.f. I $32.00/1.f. $3,520.00 1 0 $200.001ea. $ 200.00 H24e" adw aal wll (6:1) 1 d $3,000.00/ea. $3,000.00 Total. $14,520.00 I 4301 Hillsboro Road, $ulrA 211 0 Noinvllle, IN 31216 6 615/269,4211 ti t a O CZ 4 , Q F ~ C i 4 I k 'L 1;331 PROJECT NO. J1 p?- CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, DENTON COUNTY M-TMR CENTER hereafter referred to as "Owner," whose business address is _ P.O. BOX 23x6, DENTON, TEXAS 76202 is the owner of real property located in the corporate limits of the City of Denton, ^r its extraterritorial jurisdiction; and 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, s 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] ]_r,] Whereas, the Owner elects to construct the Improvements ' without contracting with another party as prime contractor, in which caso the provisions of this contract which refer to "Owner" of "Contractor" shall mean the Owner as named above; or PAGE I v I_ X I Whereas, the Owner elects to cake such Improvements hereafter set forth by contracting with RFD CONSTRUCTION P,&), Box aeQ. SUT.IL1URj aK 73086 whose business address is 1700 WEST FOURTii, SULPHUR, OK 73086 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 j 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; WIT.NhSSETH 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 N NTON COUNTY I4.H.M,R. CENTER f 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 ti and III of the City's Standard Specifications for Public Works Construction, North (ventral Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to 11 I ~ I PAGE 2 I i J siicn 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 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 agreement to approve or accept the Improvements. PAGE 3 (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 1 Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for 1 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 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 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 PAGF 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, (11) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $501000 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 surety company authorized to do business in the state of 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 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 PACE S S 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- leased recorded 1}ens 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 SLI:h 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, fixture, 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 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 (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 bo3e shall be in favor of the City and shell bo execuied 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 i 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 PACE 7 i I 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 Controlling. 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; nne Lot Developments. Owner further agrees as follow,: (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 danages, 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 fc the improvemoants 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 C.ity* That, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE 8 to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, Rnd 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. 1 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. r Executed in triplicate this,6eday of FEBRUARY 1992 OWNER CONTRACTOR BY BY: CITY OF DENTON, TEXAS BY: ATTEST: APPROVED AS TO LEGAL. FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY BY ; PAGE 9 P I FEE: kt' "J c: 15: Ic PP 11 o: ?H i FFo.,E.01 RFD Construction, Inc. j POST OrM t. B0X 480 RALPH F DUDSON SULPHUR. OKLAHOMA 7.1080 PH0%F. ~ llulrmo 44.w Bold 4Uti f+Yj•1I0J EXHIBIT "A" FOR DbNTUN COUNTY M.I1.H.R. CENTER I I i Regrade existing drainage ditch and $ 5,000.00 I Line with concrete 6.......... Extend the water main with an B" water main.....,..113,000.00 1 TOTAL COST .........................................542,000.00 I I TOt DAVID AYEFS F'AX !It 817-5G6•B236 ~ t r I IBS'IE OAtE M1 .I COr ' aC~lisu, CERTIFICATE OF INSURANCE rno0uclq L I ~ THIS CERTIFICATE IS ISSUc1D AS -A NI1TTEH OF INFORMATION (,LYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TNIS CERTIFICATE I P, 1 DOES NOT Ah END, EXTEND OR A, TER THE COVERAGE AFFORDED BY THE tI E,r ^ I^,~ p. AV.,, L POLICIES BELOW.... COMPANIES AFFORDING', COVERAGE ,t FPiAIrliP.ll,: r,'. .".1J Grr F A IIr7 I INSURkO I'01lnAIH B (f trf~ P .a IOLfFANr IEllhll C LEIIEF 1 D j olA ANY' i IEriCN E f { COVERAGES THIS IS TO CERTIFY THAT THE POLICIES 'OF INSVRANCE LISTFD BELCH! HA!^E' BEEN -SSULD TO THE I'6LNE0 NAMED ADOVE FOR THE POLICY PER 10 INDICATED NOTWITHSTANDINO ANY RF,OU REMENT, TERM OR CONrJITION OP ANY CONTF'T'CT 11 O'EHER DOCUMENT WITH ACNPECT TO WHICH THIS CERTIFICATE MAY Bc ISSUED CTR MAY KPIT,AiN, THE INSURANCE AF FORDED B'Y THE °O U UCIE9 Di 9CRIBCO IIE REIN IS S'J q,1H;1 TO ALL TI 'E TERNS. I EXCLLSIONS AND CONDITIONSOF SUCH POLICIFS L R1lri SHOL^IN MAY HA',1 BEEN RE'~7LCCE7 BY PAID G.AIAIS k C I ?YF'1 OF Ih1URANc!^ lTq POLICY NUN BEq rOIICTIV! POLICY ITIDN SII1 DME t pA M 00 YtI OAtl my U0 rh LIMITS MGlIJLPAL LIAnIL11Y _ _ __c Enfn,H naclTEna-F ~~-7 + D~''OCD X COMAIENCIAL 0I N°PAL t0lill. rr Ihi Ii?3F A.".D(' C7 4!: 1519, PRODUCT=..ee'AP,OF AGO f D,;,r,D~.p 9 CLANS MAOFX OW III. 7^n: 4h1 CYL:JdU owNEgsACONinACtoa'sPgaE PEHS('NA, A AC V Njul, 7 l JCO.D D IlLfh,; EtoirllD- E.ACHa,;cuF+gEN'cE 1 I OD0,4'ID r E^I+,PS7 (cnr~yr r',PE U,AMAOE IA-, n,l°rrq 1 MEO XFC'18E1 Vtn epl °,m!7 .),1D1~ _1J ANY AUTO cC ld y.IFL' ;INriI E 'Aa3GD.F 8i^np D? D!.'~ 0?;y^ ^9: yMli 1 L ALL OWNED A JF09 f n1 I' Y SCHEOIAED F.UTOS OJOdrIN..Vgr III X HIHW AVTOrI I^rr rnn~rl ! N iNOVINEr AL108 BOR lr ua.!!IR/ k ,Pm m oro,gl OAAAOF LI IBIII FY Pfl;)FT'ITY DAM1IAO', 7 1._,_1l .._LIA1 I ttDl UAInATy UNCREI LA FORM 7 OTHER THAN UMBNELLA 1'ORIA A110Et ATE , "AINIA '1 COMPkNBAT104 Sielu^O~Ir IIL6 i5 AND `6')i3 T,~ Qr 7°AD I'~1 rI r!I ^f~ EM1I H ACr- rua+ 1 fD 691 I LMPLOrlAL'LIA641T1 EA':E-PULII;II'Mf 1 Sn4 3hl C, FA'E. FACH EArI YCF i II':,CDD OrHLq I 1 0lf,CFV qON W OPERATIC h9~lUCAT1oN4, V 1HICL E7; SPECIAL ritMS " - CErla' irJ-'. M?II.FI .F,{F, ___..I CANELLATKIN _ 51 DOLE A!IY OF 111E AR')VI' r,r cr, rllOr 11 r011C,F9 IF C AyC'LIFD FLFQRE T4E 0P61AF117 N DAZE HEPIf DI 'IIE I5^UIN; 00M ANt WILL F'+DFAVOR TO fl "ttc~ MAIL -15- DnrSWplrrENpl)tIUE' ~TIIELERIIHI'AIEf'vILFIAV,+MFUt01HE f lFf i. AUT r gU4E h) 14 I ;F4 SIIAI IM p~E N') CEI IO4{ON OR 7 -Sp 11 LIAEIU rY ov 4NV NINU t. 'L I T O IANI Its E 5 OR F,-.pq! ENTA'NVE'S Out HO RIPEDIII p[ NI rr' . I Iv r I t ~E f .ACOgo re.s ITrooI I :A CORD C POgA'FION 19501 PROJECT NO. v CONTRACT NO. ,R'S pERyOL4AN DEVELOPER'S/OWNMENT CONTRACT)CF 80D _ THE STATE Of TEXAS 4 KNOW ALL MEN BY THESE PRESENTS. COUNTY OF DENTON 4 That Rri) constructLcr„ Tnc------~____ Sulphur, Chlahcma of Murray County,O%Iahama hersinaftar called Principal Mid-Contlrnont Casualty Comi)any and Tulsa, C.lahoma `a orporat on organ zr un ar t e awe o3~ eTie 6tate`--~ and authorized to do business in the State o exas$ther City of called "Surety", are held and firmly bound unto Texas, Denton, Texas, a MQnieiRal Corporation, in Denton Thousand ty 'Dollars hereinaftercalled "City in the penal sus of FI-fty nd so,ou.oo ) arli xo/loo---------------------- R-------( Do aw aYwant of ars, u r~o'+ o~ t o nited~StaCas, ford s P whh sum exicutors, well ad trul to e and successora~,djointlyvan~ aour evaratly, and firmly by these presentee J THE Condition of this Obligation is much that: WMEAS, the Principal edger into a certain contrac 1 in + _ tl~ on, 'texas, has the proper performanceo w e with 1 19 Contractor, dated the ,-3.,,hic -ii o ent an interest, a copy of which is hareto attached and made a part hereof, for the construction oft Now Central Administration ard Clinic Facilit y bonton County MNh1R if the Principal shall well, truly, end NOW, THEREFORE, faithfully caused to be performed and ful ~nldle~ggYaementeh o~ nesid corlditiot Contract inVacaordan eerwith the Plan Specifications,'and Con- tract Documents during the origina? term thereof, and any extension thereof which may be granted, with or without notice DEVt6E.0PGR'S/OWNER'6 PERFOAMA14CE BOND-PAGE ONE i to the surety, and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agree. vents of any and all authorized modifications of sold 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 j 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 such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITN5SS WHEREOF, this instrument is executed in tripli- cate, each one of which ohall be deemed an original, this the loth day Of eehrua~y , 19_gZl, PRINCIPAL SURETY RFD Constructicn,-Jnc.__ _ ~y _ nnr ra.,'~_ BYs~ BY: A ATf s . NOFACT ' ATTE "f i NOTSs POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND MUST HOT BE PRIOR TO DAYS OF CONTRACT. { I DEVELOPER'S/OWNER'S PERFORMANCE BOND-PAGE TWO r PROJECT NO. CONTRACT NO. i CONTRACTOR'S PAY14ENT BOND i THE STATE OF TEXAS 4 KNOW ALL HEN BY THESE PRESENTS! COUNTY OF DENTON i ThaL RFD Construction, Fri-. ~ Of Oklahoma hereinafter called "Principal" and Mid-Continent Casualty Company, T .4~ Oklnhona d corpo• ration ortanlsed under the laws of the State of nkaar mx and authorized to are business honde firmly tht tabound untos,the her City tof called "Surety", Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and nAn ,,1:nuAT° hereinafter Called "Developer", Denton, Texas and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvemonts here- inafter referred to In the penal sum of Fifty Thousand fk)llars and No/ w' ) loo...--• 50,000.00 lawful tioney of the United States, to be paid in Denton County, , Texas, for the payment of which suer well and trul to be made we bind ourselves, our heirs, executors, these presentds ana successors, jointly and severally, firmly by the THE CONDI'T'ION OF THIS OBLIGATION Is such that WHEREAS, the Principal entered into a certain contract with Developer dated as of the day of (the "Contract"),' 4 V a copy of which is attached hereto and made a part hereof, for constructioti of New Central Arimini,tratio[, arri Clinic F'aoiltty ~ Uentorl cnurlty aMIN4 Center to serve Denton County MIM center an Addition to - the City o onton, Denton C-oun •y; Toxas; { NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make pFayment to all claimants, as defined in Article $160, Revised Civil Statutes of Texas and all claimants as that term is used In Article $47Zd, Revised Civil Statutes of Texas, As recodified in Chapter $3, Subchapter 1 of the Texas Property CoEe, supplying labor and materials In the prosecution of the work provided for In, said Contract, then this obligation shall be null and void, otherwise, It shall remain in full force and effect, This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the yrosecutlon 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 $260 Revised Civil Statutes and Article 5472d, Revised Civil Statutes, as recodifled in Chapter $3, Subchapter I of the Texas Property Code, as the case may be, PROVIDED FURTHER, that If any legal action be filed upon this bond, venue shall Its in Denton County, Texas. The said surety, for value received, hereby stipulates and agrees that no 4 I change, extension of time, alteration or addition to the terms of v the contract or to the work to be performed thereunder or the specifications accompan~inq the some shall in any wise affect its obligation on this bon , and it does hereby walvo notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER that no final settlement between the City and/or Developer and' the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, IN WITNESS WHEREOF, this instrument is executed In tripli- cate, each one of which shall be deemed an criginal, this the 1o _ day of reLruary 1432_, PRINCIPAL kF'U c.'un~+tcur.tt~in, tnc, ' CONTRACTOR'S PAYMENT EON WAGS 2 BY: P.O.Box 490, Sulpher, Oklahoma 73066 (Address) Il Qtee 91 SURETY Mid-Contlnen Casualty Ccmlaay mar e - - :ct MART LS P.U.Box 1409 Tulsa, Oklahoma 74101 1 WITNESS AY~rVSURZTY P.0,9ox 5010 Edmond, Oklahoma 73081 ress NOTES HUS?RNOF ATTORNEY TO SURETOFMUSTTBE ACTTACHED, DATE OF BOND CON$ CONTRACTOR'S PAYMENT BOND/PAGE 3 PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS g KNOB ALL MEN BY THESE PRESENTS,. COUNTY OF DENTON § That PFD Construction, Inc. Sulpher, Oklahoma of Murray County, Oklai,oNl hereinafter called Principal and Mid-C011rine r c, alts=euu~tw}i Tins, 11111 a 7orporat on organ ze under the awa o the State o c, ar and authorized to do business in the State of Texas, he. called "Surety", are held and firmly bound unto the City of Denton, 'texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City"in the penal sum of Fifty rnousand Dollata ar.d N„/100------------- s0 000 0 Dollars, aw u money o t e United to es, thlaid sum e-tng ten percent (10x) of the total amount of the hereinafter men- tioned contract, for the payment of which sum wall and truly to be made we bind ourselves, our hairs, executors, *administrators, and successors, jointly and severally. THE Coalition of this Obligation is such thati WHERF.A9 the Principal entered into a certain contract with Contractor, dated the 30 day of Januar , 19,x4 in the proper ol'which the t-_i y of en on, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: New Central Administration and Clinic Fa„jjjaw_ Tlcnton Coun.y MlNfi Center CONTRACTOR'S MAINTENANCE HONb-PAU ONE 1 i f I NOW ,,v 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 defoctive 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 an other cause or condition, known or unknown, at any time duringg the period of this bond, which the city engineer, whose judgment shall be final and corclusive, determines to be the result of defective work, materials or labor; then this obligation shall bu 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 vork as determined herein, it is agreed that the City may do said work, and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. 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 bend shall have bee. exhausted, snd it is further understood that the obligation to maintain said wort, shall continue throughout said maintenance period, and the same shall not be changed diminished, or in any manner affected from any cause during saiA time, PROVIDED, further, that it any legal action be filed on this bond, venue shall lie in Denton County, IN WITNESS WHEREOF, this instrument is executed in tripli- cats, each one of which shall bo esemad an original, this the infh day of FcFbruary , 19j2. PRINCIPAL SURETY , RPA Constructfoi), Iric. Mirj BY: BY: CONTRACTOR'S MAINTENANCE BOND-PAGE TWO I i NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT$ ATT IIa 1 I CONTRACTOR'S MAINTENANCE BOND-PAGE THRBB I I I f MID-CONT[NEN'C CASUALTY COMPANY Tulsa, Oklahoma >Ilht 111 11!411 by 111114 yYflltlti: That the 1d1D C'ONTINhNI 1'r.SGALfY COMPANY, a corSwntion of the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By-Law, which war adopted by the Stockholders of the amid Company on March 13th, 1911, to-wit: 'Article IV, Section 7. The Fsecutive Officcrl of the Company shili have power and autlority to appoint, for the PoTPuses Only of executing and attesting bonds and undertakings and other writings obiigatnry in the nature thereof, one more Resident Vice President, Resident Aisimnt Secretariti and Attorneys in -Fact and at any time to remove any such Resident Vice Presideni, Resident Aasis:vnt Secretary, or Attorney in-Facl and revoke aRp we red a t orit giv hi Nu cf su h app tc i ed IN re it rs of the Com any.' does hrCbyd`opsyrule4I,w S,t indiViduetlwe , EdmordAoOklahoma ~eu`~ FoweSq, Joyce Jones, its true and lawful attorney(s) in fact, to execute, ,al and deliver for and on it, brha!f As Surer y, amt ax itI act rd der 1, Any rnd all bands and undertakings of Surrry ship And the execution or such inrirum CM(,) in pursuance of thew presents, shall be as i upon the said ?1ID (.0N I11 l! N'I' r n. v,l, %I I Y COMP ;~%Y. is fully aid amply, to all intents and Purposes, it if the same had been duly executed and ackrowledged by if, regularly elected officer as its Principe! office in Tulsa, Oklahoma. All authority hereby "nferied shalt expire and tenninate without notice on 10-28-93 but this tc,minalion shall not affect liability under any bond executed prior to that dale I 10 9ItAU/ 114411 "a Mi6 CON I INF,NT CASUAL "IY COWANY has sauced three presents to be signed and its corporate real to be affixed by its Authorized .."ficcrthis 28th day of October ,t9 91 I MID COS11SYN' r CASt%`ii COMPANY (Corporate real affixed) J/J'} p ! Frank M. PinkErton, Vice President i I STATE OF OKLAHOMA es COUNTY OF TULSA On this 28th day of October . 19 91 behre me, a Notary Pu h.ic or the Ststo of Oklahoma in and for the County of Tulsa, came th-: individual to me pnsonally known to be the officer described in, and who execwed she preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, Said that he is shr therein described and tulhoriled officer of the MID C01I lsl.N I : ASI. MI Y COMPANY aforesaid, red that the suI affixed to the preceding Instn+mrnt is the eorpprils of laid Cgmii and the sa rate real and his More u effiar were duly Sri to the said Instrument by thy.._~ 4uthority end IIirectlbn, of the company, and that Article IV, Sec m I of a By"LC- a of said Company, referred to in the pr eding \ ' Instrument, it now in f ' i s IN IEST11 NY W1IFREOF, 1 have hereunto set my hand an _ ci s i at the city of I" Ica, ay year first / above wrist My Comeekssmexpirea June 10, 1994 Not ry puhlic L~C4~ 11 1,,,,__Ij?~LB0Zi1U____Assistant Secretary of the Niff) C(04ItMINI'!'ASUM1Y Cd creby certify that she above JJ and foregoing Is a lrua and correct copy of the original Power of Atto-ney issurd by said Cciiipany toi'[,_ Jr. Pd~--~~[Qb(j=1]a_.1Qy~_0"._s~.0I1~Sa._.R9RL~do 6rcillairmii6and undrrtakimgs as thucia set Font, and f do hereby fvnhcr certify that she add Power of Atimricy tae not tern revoked and is now in full force and effect, 'iN WIINFSS WIIhRFOF, I have hereunto nrMrnbed my name at Aesiuani Secretary and Al the ccnporaie red of rid Cwnpany or Tulsa, O11c.4homx, this lit day of f'rLru~rv ]9 i1 Ae,irt mr Src rot ~ h T d! Bazata TEXAS _DISCLOSURE _OF_GUARANTY _FUND _NONPARTICIPATION _ IN THE EVENT THE INSURER IS UNABLE TO FULFILL ITS CONTRACTUAL OBLIGATION UNDER THIS POLICY OR CONTRACT OR APPLICATION OR CERTIFICATE OR EVIDENCE OF COVERAGE, THi POLICYHOLDER OR CERTIFICATEHOLDER IS NOT PROTECTED BY AN INSURANCE GUARANTY FUND OR OTHER SOLVENCY PROTECTION ARRANGEMENT. i II I I i . I i ' I i I i ~~Cj~i T~~)n, Q ` 4 V ? D Q a 4~ ~o I I ~ ~I PROJECT NO. U CONTRACT NO. THE STATE OF TEXAS S ~I DEVELOPMENT CONTRACT COUNTY OF DENTON i Whereas, DEN'LON IWPENDF.Nr SC1100L TjISIRICr _ hereafter referred to as "Owner," whose business address is I 1307 N. LOCtiST DENDON, TExAS 75201 I 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 deve'opment must be performed in accordance with the•applicable ordinances of the City of Denton, hereafter referred to arr "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 ana ordinances; and (select applicable provision as follows] I~ Whereas, the Owner elect; to construct the Improvements , without contracting with another party as prime contractor, In r which case the provisions of this contract which refer to "Owner" of "Contractor" shall mean the Owner as named above; or PAGE 1 Whereas, the Owner elects to make such Improvements hereafter set forte, by contracting with JONES & JEFIERY Op;IRL'CFTOV IXtRPA.vY , whose business address is 3301 E. McKIWEY MNTVN TEXAS- 76201 _ 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 i II City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; i I 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 LOT 1-R BLOCK 9, ALEX ROBERTSON ADDITION DEY1V.4 TEXAS 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, ;;pecifications and standard contained in Division II and III of the City's Standard Specifications for Public !Yorks Construction North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 I I I I E v 1 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 I 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, 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 agreement to approve or accept the Improvements. PAGE 3 I (c) Insurance. To provide for insurance in accordance 11~ With the insurance requirements applicable to contractors as provided for in Item 1,26 of Division I of the Standard ' S ecifications for Public Work Te s Construction North Central xas, as amended, the iroviSivns of which incorporated herein b arc expressly by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall dean the City of Denton. k (d) Means and Methods cf 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 Englneer, assure that the Improvements were constructed in accordance with City specifications. 2• Mutual covenants of Owner and Contractor. Owner and l i Contractor mutually agree as f~NIlows: (a) Performance Bonds, Lscrow 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," 1 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 bygg the. City theinfull andllfaithful bm coopletion raofGethe PAGE 4 i i Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company ut orized to do business in the State of a Texas; or, (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $SO,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 surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $SO,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 orrpobothon inavi the furnished constructfn labor, of material he Improvements shall be fully paid and satisfied before acceptance 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 I PAGE 5 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- 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. l (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 and approval ' or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all 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 1 affixed, the Owner and Contractor shall upon notice by the City 1 promptly cause such claim 1ien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in i the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. a j (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 (191) 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 sht,11 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 ant -ve harmless, the City, its officers, agents and employees from :i 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 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 Controlling. 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 building within the development: until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $39000.00 as liquidated damages, but such paymer.t shall riot be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. i (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bc,id was required or submitted for the improvements that are to )e 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. 5. Venue and Governing Lax. 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 Texts. 6. Successor and Assigns. This co: tract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. t~ Executed in triplicate this,~~ day of__~~.r~ , 19~L OWNER CONTRACTOR Jr~ BY: CITY OF DEN ON9 TEXAS B ATTEST: P FT"1'A~FY l ~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNI"sY BY: r~ Q ` tir~ PAGE 9 r f , UY63L y PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS g COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENT'S: I That Jones s Jeffery Construction Co., Inc. 3801 E. McKinney, Denton, TX 76201 r of Denton County, Texas, hereinafter called Principal and Bituminous Casuilty Corp., P 0 Box 167968, Irving, TX 75016-7968 a Corporation organized under the laws o the State o 111inoie and authorized to do business in the State of Texas, hereina rt c called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "Cit:"in the penal sum of Tvo Hundred Dollars 200.00 ) Dollars, lawful money of t-heT-n States, the said sum a ng 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 3rd day of June , 1992 , in the proper performance which the City o en[on, Texas, has an interest, a copy of which is hereto attached,and made a part hereof, for the construction o£: Sidewalks, Curbs, 6 Gutters - Fred Moore Training Center 821 Cross Timber, Denton, TX 76201 CONTRACTOR'S MAINTENANCE BONL--PAGE ONE J I NOW, THEREFORE if faithfully maintain and keep Principal shall well, trul and to be done and p good repair the work contracted date of acceptanceform d fo abperiod of one (1) year from necessary work and rin writin epair of any the City of Denton andgdo owi athe ll out of or arising fvom the impropr defective work of the sabons but not limited to, an sett Lin rng defective condition of any of then wbrea orn ' including, from improper excavation, backfillinn g' cracking or other cause or condition, known or part thereuf arising unknow Compacting or any other periodbeffi ail abndondCwhich clusivehe city,e gineer,twhoseeuring the shall defective work , determines to be the result eof be void, otherWiseatorremaintInlabor full force and this effect8ation shall 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 sork Such materials as necessary and charge the sumda,gainatntheuesidy Principal and,Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may, be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. bond# venueDs,halfulrtlieher,inthDeat if n Countq legal action be filed on this cote, eachNEne ofFRwh c'h shalli be rdeemed is eoriuted in ttipli- he 9th day of g[nal, this the June 19 92 PRINCIPAL , SURETY Jones 6 Jeffery construction Co., Inc. BitumiDPuq Casualty Corp. - BY: BY' CONTRACTOR'S MAINTENANCE BOND-PACE TWO I 1 I i NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: 4 I l i CONTRACTOR'S MAINTENANCE BOND-PAGE THREE t I Bituminous..PG•TY C~aiatATION POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That BITUMINOUS CASUALTY CORPORATION, on Illinois sta.k insurance corporation, does make, constitute and appoint, JEFF P. KING, JAMES E. KING, RANDALL L. MINNIS, OF DENTON, IX its true and lawful Attorney(s)-in-Fact, with lull power and authority for and on Lehalf of the company AS Surety, to execute and deliver and affix the seal of the company thereto lit a seal is required), bonds, undertakings, recognizance$ or Other wr tten obligations in the nel3re thereof, as NW WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE MILLION DOLLARSlS1,000,000)---------------- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind BITUMINOUS CASUALTY CORPCRATION thereby, and all O1 the acts of said Attorneys -in -Fact, pursuant to these presents are ratfied and confirmed This appointment is made under and by authority of the board of directors at a special rreet rig held on September 1, 1975. This Power of Attorney is signed and sealed by facsimile under and by the authority of the foacwing resolutiors adooted by the board of directors of the Bi-ruMINOUS CASUALTY CORPORATION on September 1, 1955. RESOLVED FURTHER, that the chairman, president, or any vice-president - surety, of the Corporation, in conjunction with the secretary { or any assistant secretary of the Corporation, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Corporation may deem appropriate. Powers of Attorney in the form presented to and attached to the minutes of this rreebng, authorizing such persons to execute and deliver and affix the seal of the Corporation to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bad twnds, bank depository bonds mortgage clef ciency bonds mortgage guaranty bonds, g rarantees of installment paper and note guaranty bonds. The said officers may revoke any Power of Ahorney preylously granted to any such person. The authority of any Power of Attorney granted by any such officer of the Corlorafron as aforesaid %half rat exceed five million dollars ($5,000000.00), except (a) bonds required to be filed as open penally bonds, and lb) bonds rilcd with any cart or 1 governmental authority requiring an unilntited penalty in bonds filed in that cart. RE SOLVEO FLIFTHFR that arty bond, undetlAinq, recognizance, or suretyship obiigatien shall be valid and binding upon the CorporVion (i1 when skyted by the cliaiman, president or any vice president • surety, of the Corporal on and attesled and sealed )K a seal be reTuired) by arty secretary or assistant seuetaiy, or (ii) when signed by a duty .!horsed atlorrley in•iad and sealed with Ire seal of the Corporalion Id a seal is rehired), RESOLVED FURTHER, that the signature of airy officer designated above. and the seal of the Cwporalien may be affixed by facsimile ?a any Power of Attorney or certification Nreof sudwriziN the exeatipn and delivery of any band, Ixrdenaking, rocogn rance, or of* suretyship oMigaions of the Cerparalwn, and such signature and seal when so used shall have the same fora and effect as lhough manually affixed. IN WITNESS WHEREOF, BITUMINOUS CASUALTY CORPORATION ties caused these presents to be signed by its proper officer, and its corporate seal to be affixed this. 21 ST dry of _ APR IL 1992 BITUMINOUS CASUALTY CORPORATION tj I -fsC~~/ ~ ~+GG! ~ fEAL r - Aiyua~x SecrHary voce FTeseerx • 5.xecr STATE OF 1LLIN0IS, COUNTY OF ROCK ISLAND 21 S1 APREI 92 On this day of-~-------_~__.. 19pcrsonaily came before I11q, and_jVES M.SrA$EY to me known to be indlvkfuafs and officers of the BITUMINOUS CASUALTY CORPORATION who executed the above nslrument, and they each acknowledged the execution of the same, and being by me duty sworn, did severalty deaoae and W. inat they ere illy said ol'icers of the Corporation aforesaid, and that the seed affixed to the above instrument is the a" of the wW ,oration, and that said corporate seat and 0*4 dphelsurH as such officers we duly affixed and subscribed to the said nstrument by the authority of thus board of directors of said 09iWalbri. f,`. t OFFICIAL, SEAL" KRISTINA OOWLES ~1~ waxv Rb.. State to nw raotyx Pum'c corn aaamEx s I -osga 10/15/94 CERTIFICATE E the urx)ersgned. secretary of the BITUMINOUS CASUALTY CORPORATION, an Illinois alock insurance corporabn, CERTIFY that the foroprig and eltacI power of aftc..tey remains in full force and has not been revoked: and furNe,more, tha< the Resolutions of the board of directors set forth kt the Power of Attorney, ale now in force. 093.8579 Signed and sealed at the City of Rock Island ss~t day of r / RAMEY, KING i MINNIS INSURANCE sec rata a• • a y • • • a a r • r png; 72r721PN!I I I U' Bituminous CORPORATIOtt TEIRS STATVTORI 11,UOR,), NCE BOND I (PUBLIC BR:CS KNOW ALL MEN BY THESE PRESENTS, That Jones 6 Jeffery Construction Co., Inc. - - (hereinafter called the Principal), as principal, and gig„m~'~ ----__w_, a corporation crga:;ized and existing under the l s of the State of Ll]:i L , licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bcund woto nv na f a,-TaY== (hereinafter called the Obligees, in the amowzt of _ ) for the pryment whereof, the said Principal and Surety bind t emselvea, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 3rd day of June Sidewalks, Curbs, 'Gutters .Fred oore ' 19 92 , for which contract is hereby referred t- o~ and made iagpan hereofl srofullyIDand`toenton, ?x the same extent as if copied at length herein. NOB, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, than this obligation shall be null and void; otherwise to remain in full fort, and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas and all liabilities on ands limitations of4 sdetermined aid Article in accordance cthedsame extent haspif it were copied oat length herein. IN WITNESS WIMAEOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of June 19 92 APPROVED AS TO FORM: PRINCIPAL: Byj By. ` nesLSr,Je;fe`onsan~ C- opnc. Obligee u (SEnLJ ~g-~ SURELY / f minous Casualty Corp. By At orney-In- act - - G,iSC TE S N1 I I I I Bituminous CCAOUALTV ORPORATaON POWER OF ATTORNEY I KNOW ALL MEN BY THESE PRESENTS. That BITUMINOUS CASUALTY CORPORATION, an Illinois Block insurance corporation, does make, constitute and appoint: JEFF P. KING, JAMES E. KING, RANDALL I.. MINNIS, OF DENTON. TX Its true and lawful Attorrley(sl-in-Feet- with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix J the seat of the company thereto (if & seal is required), bonds, undertakings, rerognizances or other written cblgations in the nature theraol as 1 I'M WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF i ONE MILLION DOLLARS($1,000,000)---------------- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. 1 and to bind BITUMINOUS CASUALTY CORPORATION thereby and all of the eats of said Attorneys-in-Fact, pursuant to these presents, are J ratified and confirmed. This appointment is made under and by authonty of tha board ct directors at a special meeting held on Septurnber 1, 1988 This Power of Attorney is s geed and sealed by facsimile user and by the a.Ahority of the following resolulions adopted by the board of directors of Ice BITUMINOUS CASUALTY CORPORATION on September 1, 1083. RESOLVED FUF,'THER, that the chairman, president, or any vice-president - surety, of the Corporation, in coryunclion with the secretary or any assistant secretary of the Corporatim, be and hereby are authorized and directed to execute and deliver, io suoh persons as such officers of the Corporation may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons to execute and dellvar and affix the seal of the Qywallon to bonds, undertakings, racogrizances, and suretyship c6i;ahons of all kinds, other than bail bcn,14, bank depository bonds, r mrtgarfe deficiency bonds, mortgage guaranty bonds guarantees of installment paper and note guaranty bards. The said officers may ravoke any Power of Attorney previously granted to arty rich person. The authority of any Power of Attorney granted by any such officer of the Corporation as aforesaid shall not exceed I five million dollars ($5,000,000.00), except (of bonds required to be filed as open penalty bonds, arvi (b) bonds filed with any cart or I governmental authority requiring an unlimited penafty In bonds filed in that court PEFAVEO FURTHER that any bond, undertaking recognizance, or sunetyship cellaaation shall be valid and binding upon the Capaal'ior, (i) whim signed by if+e chairman, president or any vice president • surety, of the Corporation aid attested and sealed (d a seal be Taqu'ved) by arty secrelary or assistant seorelafy a ('n) wben signed by a duly authorized atfomeyin-fact and sealed with ill seai of the Corpaatlon (d a seal 'a required) AESLUEO FURTHER, that the diVature of any offcer deli iii above, and the seal of the Corporation, may be affixed by lacsir lk to any Power of Altomey or cw;txaoon thereof sulhd itinp Ina ^xerutfon and delivery of arty bind, undertaking, recognizance. or other swelysfap obligations at the Corporation. and such sign ;ore and seal when so used shad have the face and effect as himh manually affixed IN WITNESS WHEREOF, BITUMIT OUS CASUALTY CORPORATION has caused these presents to be s4r+od by its prayer officer, and ils corporate seal to be affixed th s_ 21 S T_ dl of APRIL _ , 199 2 BITUMINOUS CASUALTY CORPORATION is E-AIy ~iL (~Ll*~' \ Y.~ vrcw Reeaert • Surety ~AndstarR 5•c Nary STATE OF ILLINOIS COUNTY OF ROCK ISLAND On this 21 S T day of_ APRIL - , 19 92 , personally came before me, . DOtNAl4_L AM1 L-r andA 1v1~F$ . CASEY to me known to ber kdlvkhds and officers of the BITUMINOUS CASUALTY CORPORATION who executed the above instrument. and Shey each fadvpvrfedged the execution of the same, and tieing by me duty sworn, did severalty depose end Bay that they ane the said officers of the CoWabon siorpoid, and that the seal afflxed to the above instrument b the seal of the Corporaton, and that siid corporate Seal and trNlr shine as such officers were dully affixed and subscribed to the saki Instrument by the authority of the board of directors of said ogjyporatSon. ' "OFpCIAL SFJ.L" KR15TINA BOVYLE S - rax:vY Putac. Slate d nl,na• ~Y Wt,lt Qmmia+an E. af+-tsaG 10/15/94 , My commission expires CERTIFICATE 1, the undersigned, secretary of the BITUMINOUS CASUALTY CORPORAMIN an Illinois stock insurance corporation, CERTIFY that it,e foregoing and attached pourer of attorney remains in fur force and has not been revoked', and f,ethermore, that the Resolutions of dw board of directors set forth k1 the Power of Attorney, are now in force. 093-8579 I\;•16AL~ 51gr1ed and sexed at the City of Flak island d.y of,__ 19 RAMEY, KING b MINNIS INSURANCE soC r• • r r r r r • r rxaSC 72122 fie-net f I i I { Bituminous CCASUAL'rV ORPORA'i'mON TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS) KNOW ALL MEN BY THESE PRESENTS, That Jones 6 Jeffery Construction Co., Inc. (hereinafter celled the Principal), as principal, and Bituminous asua ty orp. a corporation organized and existing under the laws of the State of Illinois , licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto City. Of Denton, Texas (hereinafter called the Obligee;, in the amount of i i Two Thousand Dollars (Dollars) (S 2•DOO•QQ_ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presentst WHEREAS, the Principal has entered into a certain contract wi:n the Obligee, dated the 3rd day of ,Tune , 19 92 , for _ SI tipwAlka. Curhs 5 Gutters - FredMogre Tra Line Center 621 Cross Timber, Denton, Tx which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NON, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in maid contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Ci ' Statutes of Texas and all liabilities on this bond shall be determined in cocdance with the provisions, conditions and limitations of said Article _o the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of June , 19 92 APPROVED AS TO FORM: PRINCIPALt e~ ~s~ L fep nstructrfpn Co., Inc. BY: BY: J?IJi~.►a~, Obligee (SEAL) S(rRETy; ominous Casualty Corp. At orney- CASC TEXAS N? I I I cweuwa.Tv COHa+O RAT[Oa7 l POWER OF ATTORNEY If K!nW ALL MEN EY THESE PRESENTS: Thai BITUMINOUS CASUALTY CORPORATION, an Illinois stock insurance corporation, does make, corstlute and appoint, JEFF P. KING, JAMES E. KING, RANDALL L. MINNIS, OF DENTON, TX its true and lawful Altorneyls)-In-Fact with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds. undertakings, recognizances or other written obligations in the nature thereof, as IU'r WRITTEN INSTRUMENTS IN Al AMOUNT NOT TO EXCEED AN AGSREGAIE OF ONE MILLION DOLLARS($100000000)---------------- FOR ANY SINGLE OBLIGATION, - REGARDLESS OF THE NUMBER Of INSTRUMENTS ISSUED FOR THE OBLIGATION. and to tied BITUMINOUS CASUALTY CORPORATION thereby, and all of the acts of said Altorneys-in-Fact, pursuant to these erasers ratified and confirrned This 4pointment is made under and by authority of the board of directors at a special meeting held on Sapternlrer 1, 1888 This Power of Attorney is signed and sealed by facsimile under and by the autr«ority of the following resolutions adroted by he board of directors of the BITUMINOUS CASUALTY CORPORATION on September 1, 1%& RESOLVED FURTHER, that the chairman, president, or arty vice-president - surety, of the Corporation, in con)unction with the secretary or any assistant secretary of the Corporation, be and hereby are authorized and directed to execute and deliver, to such parsons 83 such olticers of the Corporation may deem appropriate. Powers of Attorney N the form presented to and attached to the minutes of this meeting, authorizing such persons to execute and deliver and atfix the seal of the Corporation to bonds, dlsrIakirgs, reoogni:ances. and suretyship oblgatans of all kinds, other than bailborxls, bank depository bonds, mortgage dohclern:y bcods, mortgage guaranty tends. guarantees of instaument paper and rote guaranty bords The said officers may revoke any Power of Attorney previously granted to any sorb person. The authority, of any Power of Atforrxry granted by any such officer 0 the Ccxpe;atan as aforesaid shall not exceed five million dollars ($5,000000,00), except tai bonds required to be filed as open penalty bonds, and fb) tortds filV+d with any court or governmental authority requlrutg an unlimited penalty In bonds filed in that court. RESDLVEO FURTHER that all bond, undertaking, recognizance, or iuretyShip obli lion shall be v9d and birdirp upon the Corporation (i) when signed by the chairman, president or art vice president - suety, orthe Coriwration and attested and Sealed (If a seal be TegWed) by art secretary or assistant secretary, of ('k) when sio'erli by a duly authorized atlorneyln-fact aTd sealel with the neat of the Corporatkln (a a seal is re,uked) RESOLVED FURTHER that ft signature of any of5cer desirytated above, and the seal of h,, Corporation, may be affixed by lacsimile to any Power of Attorney or certdication thand suthorbing the execution and delivery of arty band, uni$ rlaking, recognvance, or other suretystdp obligatuns of the Corponllon, and Stich signature and seal when so used shah have the sane force and effect as lhotgh manually affixes. IN WITNESS WHEREOF, BITUMINOUS CASUALTY CORFCRATIOf: has canoed these presents to be signed by its proper officer, and ila coruorate seal to be affixed th a 21ST day of _ A P R I L_`~ 1992 _ BITUMINOUS CASUALTY CORPORATION tMA Aatisrad gecr.xary Vice Pn>tde^I - soapy a STATE OF ILLINOIS, COUNTY OF ROCK 6L-A140 personally came before fns, _ 041 44 I~~YLEN__ On this 21ST day of- APR7l . 19_92 and~LAMES Id. CASEY, to me known to be IndhAduals and officers of the BITUMINOUS CASUALTY CORPORATION who exsculed the above instrument and they each acknowledged the exeraAlon 0 the earn, and being by me duty sworn, did severely depose and W,, that they are the said officers of the corWatfon aforesaid, and that the seal affixed to the above instrument 4 the seal of the corporation, and that said cofpOrats Oral andslgroturee as such officers were duly affixed and subscribed to the sald Instrument by the authority of the board of directors cl said" tbn. Rkr',~; "GFFI IAL SEAL' KRISTINA BOYYL.ES ryrfJ / Rkk' Slato of 6% - rktary A.b;c cornmea.vt Er sty is-sic 10/15/94 My commission expires. CEFi iFICATE L the undersigned secretary of the BITUMINOUS CASUALTY CORPORATION, en IIIW IS aleck insurance corpor0on, CERTIFY that the lorogoing and attached power of atlo r,ey remains in lull force and has rat been revolw.d; and furthermore, that the Resolutions of (he board of directors cat path (n the Power of Attorney, are raw in torte. r yiir.\ 093-8579 Signed and sealed at the City of Hock Island _ day of - f9 RAMEY, KIM$ i MIN)4IS INSURANCE scM ee a , e . e• a 10111,12211111 e a4 r onsc n p za ~ ass t a Exhibit "A" { { Demolition $ 250.00 1 _ Retaining Walls $ 400.00 / Sidewalks $ 1,350.00 $ 2,000.00 i 1 i I I, 'I I i 1 I oI~l~ p. , 1~ o ~ 0 o e ! ~ +T O oo~c~~~~aGGObGO~~~~oo j I I I i PROJECT NO. CONTRACT NO. 03' THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, D Nmx T.r+oepvrl+Jrf+i Sca t ~rs~i2~cT hereafter referred to as "Owner," whose business address is !3v'~ N. Gocusr 5c, 17c+v,v.ti 7ti 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- ordinances of the City of Denton, hereafter referred to as' i "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) l Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in i which case the provisions of this contract which refer to "Owner" of "Contractor" shall meat, the Owner as named above; or i PAGE 1 II Wherean, the Owner elects to make such Improvements hereafter set forth by contracting with L7 ~~U/u,lZlele_1-Ie~_.r~ /nJcr , whose business address Is !3~ x / I Ccu,,,~~ rX 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 made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by referenct,, to be Installed and constructed at Ny w Gcn*m 4.,r".y $C'1tV0f 5 i /V Uiv IV C; A. 1- rn Sf ~1 J- 1,0I(. Sc)N 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 It and III of the City's Standard _Specifications for Public Works Construction. North Central Texas, as amended, and all addendum% thereto, and all other regulations, ordinances or :pecifications applicable to PAGE 2 t i 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 C',y 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 interpretation of specifications. The Contractor shall furnish the City Engineer or, his representative with every reasonable facility for aster twining 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 Contractor8s expense. I 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 aaterials, 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 PAGE 3 I IMF (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 and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any. Improvements for which ten means or method of construction deer,' 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 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 i.. 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 f Improvements meeting the specifications of the City, shall be in favor of the CitY, and 1 shall be executed by a Y surety company authorized to do business in the State of f ~ Texas; or, (il) if the cost of completing the Improvements, at the time building permits are requested, is in an amcunt of $S0,000 or less, as determined by the City Engineer, cash money in the amcunt necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as es^row agent, pursuant to an escrow agreement Improvements insuring exception, the of Cityhi escrow agreement form shall be used. {b) Payment Bond1_ Assurance o_E_ Pay_mentI That prior to acceptance of the Improvements: I (i) a payment bond will be furnished in on. I 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 ind 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 Li Texas; or, (ii) if the total contract amount of all Improvements is $S00000 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 's not been submitted In accordance with (1) 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 Ioprovements 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 Engir,cer, stating that all bids, charges, accounts or I aims for labor performed and material furnished in connection with the construction of the Improvements have been 4aid in full and that there are no unre- eased 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 improveuents 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 bacom►, the property of the City free and clear of all PACE; liens, claims, charges or encumbrances of any kind. If, after I 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 favcr of the City, to insure payment of such clr.im, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or J 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 i 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 subcont"actors; or on account of any negligent act (,f fault of PAGE 7 i I I I th:e Contractor, his agents, employees or subcontractors In l constructi,.on of the improvements; and shall pay any judgment, f with costs, which may be obtained against the City growing out 1 t of such injury or damage, I (g) Agreement Controlling. That the provision of this II agreement shall control over any conflicting provision of any I contract between the Owner and Contractor as to the construction of the improvements. 3. Occupancy; One Lot Developments. Owner further agrees ~ - I as follows: (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 chat 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, I (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 t. Certificate of Occupancy for any building , constructed or located therein until all required public I Improvements have been completed and accepted in accordance i with this contract. ! 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE a I to accept the Improvements. 5. Venue and GoverniM 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, A4 day of .TZlG y , 19 7 t OWNER CONTRACTOR f?f{T~j v,✓ 1.S ~ ~ BY: BY: CITY OF DEENTON, TEXAS • 6Y: i J ATTEST: 0,441 ni / / J7 , i'Jl"kY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY: t s7_ r i PAGE 9 ~XNrB~T A NEW SANITARY SEWER REPLAT of the MINTER ADDITION BID FORM This Bid is submitted to: Denton Independent School District 1301 N. Locust St. Denton, Texas 18201 Attn.; Mr. Gilbert Bernstein The undersigned Bidder proposes and agreas, if this Bid is accepted, to en- ter Into an ag."eement with the Owner of the form included in the Contract uocuients to perform and furnish all Nbrk as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time in- dicated in this Bid and In accordance with the other terms and conditions of the Contract Documents. By submitting this Bid, the Bidder represents that it has read, undorstood and complied with all instructions to Bidders, Bidding Documents and the following addenda issued by the Engineer. Date: Addendum Number: The Bidder has familiarized itself with the nature and extent of the Con- tract Documents, Work, site, locality, and all local, state and federal conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. The Bidder attests that it has given the Engineer written notice of all conflicts, errors or citscrepancieu that it has discovered in the Contract Documents and the written resolution thereof by the Engineer is acceptable to the Bidder. The Bidder shall complete the Work for the following )ump sun pr tcgi ~IrG y~ s.~ N~ LUMP SUM CONTRACT PRICEAA, rd - %vk ! j,..~ !L I i (s3S(,Yo 9^ ;word!) (numbers) The Bidder aha 1 complete the Work for the use and en)oyment of the Owner within O _ calendar days following receipt of a written , Notice to Proceed (which will be issued by the Engineer). The Bidder pro- poses that for each calendar day completion of the Nbrk is delayed beyond the stated number calendar days, the Limo Sum Contract Price shall be reduced by (words) (numbers) (This Bid Form continues on the following page.) 4 NEW SANITARY SEVZA AEPLAT of the MINTER AUOITION U FORM (continued) 'Yr d I This Bid is suhWitted this date of J In 2 U L4' 1992. J Contractor By: tgnsture of Officer (11 a corporation) i Street Address city and Sfate 1 z)4 38Z-viz _ Telephone Niut>er (Affix seal below if a corporation.) 5 - NEW SANITARY SEvkR REPLAT of the MINTER ADDITICtJ 1 SIJM~STED ~IJSTAUCT~QJ OUANTI~T~E$ I The following list of construction quantitlee has been prepared by 8urke Engineering as an indication of the order of sary to carpleto the blbrk on thin Pro j magnitude of mshallpreparee- its own ostlmate grid base all activities on that estl"te. This 1 The Contractor shall ~ estimate was prepared solely for the -se 0 DreDae with a general indication of the S1zePLJ1 proproviding the Contr;~~oer~s )ect. Installation of New a- SDR 35 PV; Sanitary Sewer Pipe, caV1 eta with trench excavation, pipe protection, ccrrpacted backfill, trench safety, satisfactory pipe testing and stand of growing grass. Abandonment of existing sanitary 952 linear Feet Manhole Plug with concrete existing sani- tary pipe Construct new 40 diMt 3 Urrito Manhole (full depth,cr sanitary place) Cnplete in Construct new 61 2 Units Manhole (full depth~tcr sanitary place) onplete in Connect to exists 3 Units construct conn.r tescollary(caolet in place) omnlete 1 Unit (End of ESTIMATED CCNSTRUCTICN QUANTITIES, # r i F' r i. t i NEW SANITARY SEWER f REPLAT of the MINTER ACUITICN ??P4 EMENTA~_ Cp DITICNS 1 I ! In addition to other conditions and requirements cited in these Contract S1 { Documents, the Contractor shall cartply with the following conditions, i i• The Contractor shall durin provide for safe operation of traffic { g the duration of the WUr', This includes, but is not limited to, personnel working directly or indirectly for the Contractor in connection with this Pro pliers, and the general public, ject, materials sup. 2• The Work is subject to ins Denton, the Owner a•d the Engineeraa nd the approval by the City Surveyor, er 'Engineer' urd 'Surveyor' are terms defined elsewhere within, these Contract Documents.) 3, The Contractor shall submit a Trench Safety Plan to the City Public Works Department and the City Utility (Water/Wastewater Division), The Contractor Ispa rrhibi work on this pr:•ject until the Trench Safety Plan hasbeen from Y approved, Throughout construction activities the Contractor T shall be required to comply with the approved Trench Safety Plan plus all other applicable cif t safety requirements. Y. state and federal trench 4, The Contractor shall ccrVly with the attached City of Denton minimum wage rate schedule. (End of Supplamental Conditions,) 3 M i ) i' ) 'I 14 1 0 f' ~yr O`,~~ `a ro 0~ p o +r 1 ~'°Gaoaaaaa~ ~ I I ~ 1 i J I AM00997 I ' PROJECT NO. CONTRACT NO. <'~U i THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, Denton Independent School District hereafter referred to as "Owner," whose business address is I 1307 North _Locust Street, Denton, Texas 76201 f is the owner of real property located in the corporate limits Of the City of Denton, oc its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and ouch development trust 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 ensure 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 prima contractor, in which case the provisions of this contract VA ch refer to "owner" or "Contractor" shall mean the owner as named above; or 1 i t I I r ® Whereas, the owner elects to make such Improvements hereafter set forth by contracting with DBR Construction Company 4 _ , whose business address is ` 521 North Locust Street, Denton, Texas 76201 , hereafter i referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring 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 i the City's specifications and that payment is 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 Tomas Riveria Elementary School r the Cw;,sr, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows= 1. Covenants of Contractor. Contractor agrees as followas (a) Spgcific to ions, To construct and install the , Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the ty's Standard Specifigationa for public Works Construction. nth Control Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAS , f I I 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 i:nainem Znsoections. Tests jnd i Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of l specifications, 1 The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining 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, unauthorized 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, thri City shall have no obligation under this agreement to a ove or accept the Improvements. PAGE 3 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 SpecificatiQ1p J_QC 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 therei n shall mcan the City of Denton. (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 --Coanants of Owner and contract. Owner and Contractor mutually agree as follows: (a) Pgrformance Ronda! escrow Aareement. 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 Codei (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 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, PAGE 4 i (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 necesjsary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: Ass ry ance of P4Y_M9J1t. 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, guaranteeing 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 I 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 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 Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors yhp performed labor on, or supplied PAU 5 i 1 I I +i I 1 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 ii shall thereafter pay the contractor the retainage, only after I ^ontractor has furnished to the owner satisfactory evidence that a.ll indebtedness connected with the work and all sums of money due fcr 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 o_° the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is j made, or found to exist, against the Improvements, or land I dedicated to the City, to which they are affixed, the owner and 1 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, PACE 6 I lien, charge or encumbrance, in favor of the City, to ensure I payment of such claim, lion, 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 (104) 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 the Contractor, his agents, employees or subcontractors in construction j of the improvements; and shall pay any judgment, with costs, which , may be obtained against the City growing out of such injury or ~I damage, j (9) Agreement Qontrollina. 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. PAGE 7 T 3. Qccupancyi One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until If i all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $30000.00 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 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. PAGE 8 6. $S~~~essor a d Assigns. This contract shall be binding upon I I and inure to the benefit of the parties hereto, their respective i successors and assigns. ~ Executed in triplicate this, 1B_ day of _December__, 1992 j OWNER CONTRACTOR i BY:1"P4flf SL BY, 0 L 2L. -'A Ze4 CITY OF DENTON, TEXAS Y L. CI Y MANAGER ATTEST: I JE FER ALTERS LTY BECR£TARY I I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I ~ aY: I I PAGE 9 EXHIBIT A STORM DRAIN and WATER.INE TO'4AS RIVERA ELEMENTARY SCJHCOL 810 FOPM This Bid 1s submitted to: Denton Independent School District 1301 N. Locust St. Denton, Texas 76201 Attn.: Mr. Gilbert Bernstein r The undersigned Bidder proposes and agrees, if this Bid is accepted, to en- ter into an agreamint with the Owner (using the form included to the Con- tract Ooctments) to perform and furnish all Work as specified or indicated E in the Contract Documents for the Contract Price and wltliin the Contract Time indicated in this Bid and in accordance with the other terms and con• ditions of the Contract Documents, By submitting this Bid, the Bidder represents that it has read, understood and ewplied with all instructions to Bidders, Bidding Documents and the following addands issued by the Engineer, Date. October 11 1992 Addendum Ntntxr: 1 October 27,1992 " „ 2 OcLobor 2e,1992 It 3 I The Bidder has familiarized itself with the nature and extent of the Con• tract Documents, Nbrk, site, locality, and all local, state and federal conditions, Laws and Regulations that In any manner may affect cost, progress, performance or furnishing of the Work. The Bidder attests that it has given the Engineer written notice of all conflicts, errors or discrepancies that It has discovered in the Contract Documents and the written resolution thereof by the Engineer is acceptable to the Bidder, The Bidder shall complete the Work, including all supplemental tasks known or unknown at the time this Bid is submitted, for the following Lump Sum Price: One Hundred Thirty Six Thousand LLMP SW CCNTRACT PRICEsFour Hundred Eighty Five 6004$136,465100 (words) (numbers) The Bidder V4,1 carplete the Hbrk for the use and enjoyment of the Cmwner within _ 120 calendar days following receipt of a written Noties to Proceed (which will be issued by the Engineer). The Bidder pro• poses that for each calendar day completion of the Abrk is delayed beyond the stated number of calendar days, the Lwp Sun Contract Price shall be reduced by Three 4Yldred and Noil00 Dollars (6300.00). (This Bid Form continues on the following page.) I . 4 EXHILITT A STORM ORAIN arxi MTERLINE TaM S RIVERA ELEMENTARY SCHOOL 0;D FORM (continued{ This Bid is sutroitted this date of Novembor 3,1992 1492 D13R Construction Company,Inc. contractor By. 40 1Qnatur o Officer (if a corporation) PO Box 828 Street Address Elanton,Tx 76202 tatty and State 817/383-3007 Telephone Nunber (Affix seal below if a corporation.) •6• EXHIBIT A STREET AND SIDB ALK PAVEMENT TCMAS RIVERA ELEMENTARY SC XL BID FCfiM This Bid is 6uttnmtted to. Denton independent Scnool District 1307 N. Locust St, Denton, Texas 76201 Attn.; Mr. Gilbert Dernstein T he undersigned Bidder proposes and agrees, If this Bid is accepted, to on- ter tracItnDocvmrito in onperfo mtandpfurnivhsall Wbrkfso specified or indicated to the Contract Documents for the Contract Price and with)n the Contract Time indicated in this Bid and In accordance with the other terms and con• ditions of the Contract Docurents. By submitting this Bid, the Bidder represents that it has read, understood and complied with all instructions to Bidders, Bidding Documents and the following addenda issued by the Engineer. Dete., Octobor 11,1992 AddendlLn Nurtxr; 1 The Bidder has familiarized itself with the naturs and ewtent of the Con. tract Documental Mrk, site, locality, and all local, state and federal conditions, Laws'and Regulations that in any manner may affect cost, progress, performance or furnishing of the Nbrk. The Bidder attests that it has given the Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by the Engineer is accertable to the Bidder. The Bidder shall Complete the Work, including all supplemental tasks known or unknown at the time this Bid is submitted, for the following Lump Sum Price: Fifty Six 7'hoou,inr) LIMP SlM 004TRACT PRICE: P.' aj!j Jlundred s4xtyw try 000/)0R ($560860 100 (words) mortices) The Bidder 61091 cmmplete the Nbrk for the use and enJoyirent of the Comer Notice to Proceed (which willebeeissuedabyy thelEn iinneer). ThefBiddertres poses that for each calendar de c,t t p of pro the stated number of Calendar days,thel Sum the ntrrkac1t s Prdel ice bl be reduced by Three Nuridred and Neil= DollarrlS300 001e sul be (This Bid Form continues on the following page.) •a• EXHIBIT A STREET AND SIDOMLK PAVEMENT TCMAS RIVERA ELEMENTARY SCHOOL. BIO FOW (continu d£~ This (,id to StA nltted this date of Noveml)or 3, 1992. DBF. Construction Co ~any,Inc. Contractor i By., - "toe tur Off1 cer(1f a corporation) / P.O. box 828 Street Address Donton,Tx. 76702 C' and State 817/383-3007 Telepheena Nufiber (Affix seal below it a corporation.) i CGNSTRUCT1C14 of PUBLIC UTILITIES and PAVEMENT EXHIBIT A 1 Tc?4AS RIVERA ELEMENTARY SCml00L ESTIh1ATED GU:STRUCTIUI OUANTIT[ES The following list of construction quantities has been prepared by the En- gineer as an indication of the order of magnitude of the tPSwe racessary to complete the Work on this Protect. The Contractor shall prepare its own estimate and base all activities on that estimate. This Engineer's esti- mate was prepared solely for the purpose of provioing the Contractor with a general indication of the site of the Protect. $~orm Dra,),I} Installation of Class III Reinforced Concrete Pipe, complete with trench excavation, pipe bedding, compacted backfill, trench safety, satisfactory pipe testing and solid cover of growing grass; 24' 90 L.F. 118 L.F. 42' 482 L.F. Miscellaneous Items: 278 L.F. 360 x 12' Precast WE 3 Each 38' x 15' Precast WYE i Each 10' Curb Inlet 5' Square Junction Box 4 Each 8' Dlameter Storm Manhole 1 Each 2 Each i ~ 42' TYDe 'B' Headwall 1 Each 1 Cutfall Channel with Concrete Bottom 66 L.F. i Sack Cement Trench Backfill 410 L.F. 1 Tree clearing and removal from site 6 Each ■ Street Patch i L.S. Nurlluq Installation of 6' C900 PVC waterline complete with trench excavation, pipe bedding, compacted backf111, trench safety, satisfactory • Plpe testing and $tend of growing grass or WC pavement repair: 1@45 L.F. Miscellaneous Items: Connect to existing 6' water (straight extension) 2 Each 6'x6' Tapping Slseve A Valve iby City) i Each 1' Thick concrete saddle 30 L.F. 1 Sack Coment Trench Backf111 420 L F Fittings, complete to place: 45 Bends (61) 10 Each ' 90 Bends (6') i Each 84x6' Tee 5 Each 6' Cato Valve A Each 6' Plug i Each 1 6' Fire Hydrants 3 Each Extend and reconnect existing 2' waterline i L.S. Reconnect existing 3140 (or 11) services 3 Each New 3/4' do'nestic service, caiplete 1 Each Miscellaneous Fittings to route water),' I L.S. Street Patch i L,S ` iESTIMATED CCt4STriuCTIC11 QUANTITIES continue or ie following page,) l ~ I T ~ 1!~ Y EXHIBIT' A CCN STRUCTION of PUBLIC UTILITIES and PAVEMENT TC WS RIVERA ELEMENTARY SCHOOL F,ILMMATCD-CWAM UCTICN OuANT1TIES The following list of construction quantities has been prepared by the En. gineer as an indication of the order of magnitude of the tasks necessary to complete the 41brk on this Protect. The Contractor shalt prepare its own estimate and base all activities on that estimate. This estimate was pre- pared solely for the purpose of providing the contractor with a general in- dication of the size of the Protect. STREET PAVEMENT Remove existing M.WC pavement 640 S.Y. Misc. clearing, site cleanup and removal, complete i L.S. Lime Supgrade Preparation 11548 S.Y. Concrete driveways 7 Each Concrete curb and gutters 660 L.F. 5' hMAC pavement 1,320 S.Y. J SIDEWALK PAVEMENT 41 wide x 4' thick concrete sidewalk 1376 L.F. 4' wide x 64 thick concrete sidewalk 36 L.F. Curb ramps 2 Each (End of ESTIMATED CCNSTRUCTICf4 OIJANTITIES.I [IOND f'[TMIUM BASED ON Ii~INiI N,, . 891995-9j FIN A, CONTRACT PRICE BOND IXECIF1ED IN THREE ORIGINALS PROJIXT NO. 92-11 CONTRACT NO. 200 CONTRACTOR'S PERFORMANCE BOND r THE STATE OF TEXAS I COUNTY OF DENTON i KNOW ALL MEN BY THESE PRESENTS: That DBR Construction Co., Inc. of Y.O. Box 828 Denton Texas hereinafter called "Principal" and Irternaitonal Fldelity Insurance comyasry , a corpo- ration organized under the laws of the State of New Fersey 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 Denton Independent School District hereinafter called "Devoloper", In the penal sum of One Hundred Ninety Three Thousand 'three Hundred Fort Five and no/100------- 4S. I u money o the United tates* to be pairin Dento~on Countyy, 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 18th day of December , 19_2, (tile "Contract"), a copy of `wTTicl is attacchiU_Foretoand made a part hereof, for construction of Sturm Drain and waterline construction and street-and sidawalk~avemccet constructlan pro)cctc to 5vtVV Tom,I'a RivrIo r1cmrnlary Schnua nn Addition to tilt CIt1 licritnli, Ucfilon (:uUlily, 7rrxa { v NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any 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, i 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 some 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 , IM. day of December , 19 92 . PRINCIPAL DSR Construction Co.-L-Ine. BY: CRL A U --v 521 Noah Locust Strcet.,`_____ ` Donlon, Texar. 76201 I ' 000 N.~ s ~ ~a3ros SURETY International Fidelity Insurance Company BYs 1(f SECRETARY Chary;. ( Arsyst Attti rnsy a ct Pto. Box 36 Ne~warkk)NNeyv~Jersey 01101 ~ ' ' IA~PesS 11114.Fristop Rd. Dallas TX 7"52 ~a3`re s s NOTEi POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. BOND Him- AIUM 13AQE-D ON FINAL CONTRACT PRICE Bond No. 891995-92 PROJECT NO. 92-11 BOND EXECUTED IN THREE ORIGINALS CONTRACT NO. 200 CONTRACTOR'S PAY14ENT BOND i ~I THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I That DBR Construction Co., Inc. of P.O. Box 828 Denton , Texas hereinafter called "Principal" and International Fidelity Insurance Company a corpo- ration organized under the laws of the State of New Jersey 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 Denton Independent School District hereinafter called "Developer", and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvements here- inafter referred to In the penal sum of one Hundred Ninety Three Thousand Three Hundred Forty Five and No/loo------------ 193,345.00--------) ' 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, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WIIEREAS, the Principal entered into a certain contract with I)evclnper dated "rrurtre~t"}, as of the 18th day of Oecrml'o+ , 19 97 , (till, a copy of which is attached hereto and made a part hereof, for OOnStrUCtIOtI Of Storm Drain and waterlLie construction & Street and sidewalk pavement construction projects _ to serve Tomas Rivera Elementary School Addition to the Clty of 1?-enton, enton a0 ounty,exas; NOW, THEREFORE, the condition of this obligation is h that, if the Principal shall promptly make payment to seulcl claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants ds that term is used In Article 5472d, Revised Civil Statutes of Texas, as recodifiedpp in Chapter S3, Subchapltserin the prosecution rofethe work provldednfor labor and said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This Bond is made and entered Into solely for the protection of all claimants supplying labor and material in the yrosecution of the work provided for in sald 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 5471d, Revised Civil Statutes, as recodified in Chapter 53, 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 1 surety, for value received, hereby stipulates and agrees that no l change, extension of time, alteration or addition to the terms of I 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, and/orO DeveloperTland, that no final shalle&bridge between right City any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WIMtU ff , this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 18th day of Derem6cr. 19 47 , rl~ t NI:I EnI, hl.f~ (,i„ t t,r l Inn ~'n. i 7 BY: ECR 'TAR JWA " 511 North Locust Street Denton, Texas 76201 A ress WITNESS 'AS TVPRINCMAU-'~"' ress ~X~1 y~ZO/ SURETY International Fidelity Insurance Company Byl SECREURT"(SURITY) Cheryl( Hump rays Att rosy- ~F tct ~J i P.O. box 56 Newark, New Jersey 07101 > (Address)--__._.... 17174 Preston Rd. Dallas TX 75252 ress NOTEI POWER OF ATIORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. I ONT MA'OR IS PAYhJLN7 IMNIIII'1r ! 1 r [tltCrtl,tliunal f iclClitY Insurance C'otttllally ✓Ik III Y.H'.. ~lNII II 7/11411111 iR Nf v4A40,. N J 0110, Y v N 1 7 . BOND EXECUTED IN THREE ORIGINALS Bond No. 891995-92 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: T1lAT W1;, DBR construction Co„ Inc. P.O, Box 828, Denton, Texas as Principal, and IN]E.RNATIONAL FIDELl1Y INSURANCE. CONiCANY, a New Jersey Corporation of One Newark Center, 20th Floor, Newark, New Jersey, licensed to do business in the State of New Jersey and Texas as Surety, are held and firmly bound unto the 6tDentton Denton, Denton OL!Igee, in the full and just sum of District One Hunddred`N:onety Three Thous nd Three Hundred Forty Dollars lawful money of the United States of America torACpay;14 Odw}ilcQii;Weliandirul'y'Cobe'made,'ihcPrincipalandtheSuretybindthenuelves,theirsuccessors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED 7111S lath day of December, 1992 THE CONDITION OF 7111S OBIJGATION IS SVC11 THAT, WHEREAS the Principal enteral into a contract with the Obligee for Storm Drain and waterline construction b Street and pavement construction projects for Tomas Rivera Cslemcntary School, Denton, Texas AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with uid contract NOW, THEREFORE, If the Principal shall make any repairs or replacements which may become neceasary during tale period of one year from date of acceptance. contract of which defectiveness the ObUtIcessh all give the P neipal ndrSuitty writ nIn connection with otice withln ( 0) thirty days after discovery thereof, then this obligation shall be void; otherwise It shall be In full force and effect. All suits at law, or proceedings in equity to recover on this bond must be instituted wlthin twelve (12) months after the expiration of the maintcaance period provided for herein. , DBR Construction Co., Inc, Witnes IN11 RNAIIUNAI r114111Y INSURANCL COMPANY r~ (l1i1 I~ IMPORTANT NOTICE To obtain information or make a complaint: - You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800°252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 PAX 1(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Il i..001 6:4-7201) POWER OF A ITORNEY FROND No. 891995-92 INTERNATIONAL F1DFA i1Y iNSURANCE COMPANY II0\IL0lIl(f UNLNIt1\kFIPNIhk,2U1111IOOR NI WARK, 'NIT _tt' JI.k4Fi' l I KNOl4 AJI III I.IN M I f I F S I_ I'k F CF Ni INor INTI. RN ION1IL IIOf iI l}'INSLR\N(" F CU SI VANY aC~:,r1ylr,Irim ~rg:Im;cl and cn,ring uadvr the Lws cf the Si.ttc of New ICnar. and h Wing u,I prin l { a1 (,Hite i n n c c Ciro A New r r l , NCA J,rwy. Joa, h e lchq c a n and l,pI V.R. DAMIANO, JR., JAMES DAHIANO, CHERYL. HUMPHREY, SHANE ALLEN HUMPHREY DALLAS, TEXAS 9/92 it, lruu- wd la Aluf Jllamq, I in (attt „Cr ,c,I1.,1J Jd hsrl&r l roll l-n il, h, 1111 III-0, In I'. rod I l I N,pJ, anT m&II.1 1415111101 of III, Lem oily an J ruhuAnll[a,;,biigldl,p in the narurntic4erf%06khurc:nm;IyhealI"II:J.n; yuired, rJv unroll h}LIA"N'r'ute, Ili lc rIgu Ld inn.mnir alnroit ,awi,r-.tndIhe e,nusi,m„Ruch in.ovmcr 1111 rn punu In,C II'th. frC.cno,,hallhc,hhhnllI~upIII tha I Jld I,NI f RNA rION%I I1011.111'INSC:IL}NCI IoN IPAN'}'. a,Inll1il"Ixrlply-t.,ill inl:un lo IIuq,„c,.I'If IIIe.Itnltill , l be' n Jdlk lst.l:k•l!ud n,Aro.wt geJ h, It, I'Ll lJrlssl.•,tel,dli;"t• at I"princ;"tlotli:, ( ln.P..ar tVn.r . el,ur 1 i1n.;h r3i:d A, Pro 1 I ll n h, IC ( I.fi.n, I'r 11 Li .I Ilrn f: 1 k,lru IIh:11,1 ...I b, dec f411 If 11 ft A ~ n dI N I I R N V 14)IN Ai- I II)E111}'1 N N I k>V(I 111.11'VNAr r 111 tr, II Ir Il-J 4! 1 I hC1'c.ildn1 rot anj 111 1 cof'Ir,I,I,rrr.I1;<urIICA'I,tE'rr rt•:nr.Y.;,Ie I n Vr A•i d,,rrl,' e,rv Ln..h ell I rI rI IJ.'hnh 117 L -plm,lnt No' me"-url.,J I. r IheSo II. 1 ca e ill l•l rlll . I III, ( 1111 Ind atrlclI 1st S, l of the ( a~ .416 rl iLln, b„nh rot J ,n I; rltkings, e rot 1111 of Ir 11111 1 1 1 4 the, vntio, , IIIli II,.. In tic nInmt Ili„, I •,I, I. I:I lb t,9n"v'. ;l nrry runC. 11•,1 Ill To tt'.u50"kn r:r,a and rcWka Iha attrill un g'nrn I ur[h;'r this IAnl er uL Il.avn i, slgn ,.I dn,l a.,. -d I) 1,11,411111 par u.mr tit re'. lab„n of the It Wahl 11ir1,i,rn,d cab! ( ('11 "In) 1mILlj' 1 it a nlCennh JJIl ul1oJ and held no Iha 29:h lay td'Arril rs7 o "'bosh he h Ii,.wing I, lI ru a esnq-t. Now Iharefore the sign,rturel ,I'xtch oRiecr, Intl tine Sell nflbe t cuy'any nm) hr nllised to am yu.h jMroer ofaltorner ~r~nyccniiiv;ne eel.nlnp, rhetew by Llcsitnile• and any such pow-suf atlnmey no Certih Ccllc heiring wch funioulc ig mlues orfu si ni;e ,cal Shull he saliddild hinlingupon the Comp, l and any rueh power sa e,lvnned and eerlilieJ by faCIAll c,ignahi of and lar'11ntlr1 Wit hall he 1,did anti binding upon the Company in the future with recpod to any bond Or unda06d.ing to which it is au,00. IN 1 EST IMON}' W111114 OF-. INIFRINKPIONAL I IOF LI Il' INSURANCE COMPANY ha, eauw,! this in,trumenl to ~`OEilly ~yfG ba signal an.J its cogx,rute 1co1 In he ufliseJ by iw authori"d officer, Ibis lsf day of hl.ry. A.O. ! NI ~r INIIRNATIONAI U1 DFIJTYINSLIRANCECOMPANY SEAL r" y 51AIL OF INI JI RSFY C'nunty of fslcl C sc•vurile \'iee PLSidcm On Ibis 1If Jay of Slav 1'4)t. he fnrc one Caere the indis 4hn11 w ho at CC UkI the pre: rr I I r I i n,tru me Gl. IC me PCnoa J]ly An :I%l L;v I ,cing by me July sworn. said Ih n he is the Ihrreiit dCIL;nbcd nod 3uIhorin•d 0ievIt Of the IN TF R NA 110Nit, AL FLOE I"II}' 1NSURAN('C C'O%IPANY: x the Ne al AY a• 11, wlid i,I,l t umcnl is the ("oTorute 9ra1 Of said Comp m). that the ,aid Cvtpnrale Sill 11111 hi, ,iftl.Ih;e were Tolc alFiled by nrdcl of the ik •,,,J of Oirn,h'n Of 1ai,l CrnnJlJny. dWrel H,q yy, 1.GIA q IN 11.SIMIA!,) N'I11 Rl sly, I ha,c Irctcunln ,el I5y Ti and ;Irli,ed my Olri.i.If Soai, rot the Clly of NlNo It rk. NCw JBr,ey the 1Ia, and ycaor III,I aI'. e Arillcn fa0rA j r , 1 % tf ; Noi sti U J3 I lC •r F A NOT AkY 1'C'BI WifJF N'F1t' JI!k5la' 'fly Cmh nis,iun Fxpirrs luly 14, 1495 , ~rq v JE.R ss+ r I R I IT A \1111,N xr x111 I W rJA i.Ihe unT,r,ign:•dolfiv:r II IN I I. R NAI IONAL I Ill 1A I Y INSCRANCI. C40 M1fP.A.14 IT 14 rchyaWily Ihat I h.nrCUm. pared the Il,rcg11ng1up} urine Pnwcr of Allnm7 anti alil,hsvil, itil tfeuq,t of the S:C11u11ofrh1 81-0.sAs01,.Lill ('prnpdny aP,Ctfi. r1h In cell PoAerl,f A'Inrncl, with ncc ORRIIN,%I "ON 111 1 IN ,III ;IOMI 01st( L(1F .SA[] I(' IAll"INY.rndth,rt I hr,•,n1c 4ecl,npCl l ru:,rripk there, f,unlol IS,- whole nl t!rt sail lsrigleltl.. nnddhal the c,I i,l PcACr nf.}umucy hJS not have ICNI il, l and 1% o.rs i'l 1611 Dos JILT i1l"ll IN IISIINIOS') t1'IILNI(il.lh.rvaieirunlrcrlm)11.rndil,I,IBth fl,nf LleCUmbCr Ili 92 IN npn, tut x: 111E ta+e.e, ~•_.1 t.. mbr 1„,..r ,,r P-.c rn. r C.. ,.,,,,r t -':000CCCp OOV~,{ yro/t~ l ~ I IJ cr O r , Y ~ ~ OOQ~ I CCOQO~~CA I 1 I i ~ i i I f ALL002DS PROJECT NO. CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON $ whereas, Exposition Mills of Texas, Inc., hereafter referred to as "Owner," whose business address is 3400 Thanksgiving Tower, Dallas, Texas 75201, 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 I development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as i "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 Whereas, the owner elects to construct the Improvements without contracting with another party as prime contractor, in 4 which case the provisions of this contract which refer to ItOwner" or "Contractor" sh&ll mean the Owner as named above, and Owner agrees to complete, not later thanfdovember 11 199, the improvements set forth herein and described in Exhibit "S" I f I I attached hereto, the plans for the construction of improve- ments, which is incorporated herein by reference; or i 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 property constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH i 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 5320 IH-35 North, Denton, Texas, the Ocher, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree M as follows: I 1. Covenants of Contractor. Contractor agrees as follows: i (a) To construct and install the improvements as I described in the plans attached hereto as Exhibit "8" and to 01) complete such construction not later than ttovUm 1, 1991. Contractor/Owner agrees to construct such improvements in accordance with the procedures, specifications and standard contained in Division II and III of the City's Standard Specifications fox Public Wprks Construction _North central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to I ~ i PAGE 2 I i i I I 1 J 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 interpretation of specifications. i 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 i 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 r I1 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 r,ference; provided, however, for purpose of this provision only, "Owner," as used therein, shall i mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may )ose; 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 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 follow.ng security requirements shall apply, unless the development is a "one lot development," as defined by City's Development r:de: (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 Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company, authori.ged 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 moment. 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 f be In favor of the City, and shall be fh 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 amount, are for forraa"oneslot of development , contract defined by City's Development Code, and a payment bond has not been submitted in , accordance with (i) above, Uwner 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 by the City and that priortto acceptance of the Improvements, the Uwner and Contractor shall furnish a written affidavit, in a form provided by the City PAGE 5 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- 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 al foerp the labor on, or supplied materiwhformed construction of the the Im ~ provement; requested, written s end, when tatement ~ each of from an or such subco y ntractrs o or suppliers that they have been paid d in nf fu ull. (c) Retainage; FinaPayments. (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 Buis of money due for labor, materials, apparatus, fixtures or machinery furnished for and I~ 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 liens, claims, ch 's or encumbrances of any kind. If, after acceptance of t 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 i satisfied and released ur promptly post a bond with the City in f 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 I 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 r I the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costa, 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 j contract between the Owner and Contractor as to the construction of the Improvements. 3. Occupancy; One Lot Developments. Owner further agrees as follows: i (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 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 Cit_y . That, upon proper completion of the improvements in accordance with this agreement, the City agrees PAGE 8 to accept the Improvements. 5. Venue and Governin 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, t, it respective succe3sors and assigns. Executed in triplicate this, IC day of J&/~_ 199 . OWNER ~ CONTRACTOR i BY: BY: CITY OF DENTON, TEXAS B, ATTEST: E A ROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: / GAGE 9 r McCarty Construction Company GENERAL CONSTRUCTION 3912 E. MCKINNEY • CE*iTOV. TEAS 7620! _ at 71566.1599 FAX.TRANSMITTAL LETTER TO:-Hunt Petroleum o =at,inn I FROM: Bill McCarty ATTENTION: Mr. ,fax Gardner I DATE: 7-13-92 I NUMBER OF PAGES (INCLUDING COVER): 13 FAX NUMBER DIALED: 21a-922-tQ6o - I OUR FAX NUMBER IS: (817)898-1129 , COMMENTS: Max, find attached the material for exhibit 9 for ~ the three party contract. If you have an Y any questions, please call. I Tbanks, I EXPOSITION MILLS BIDTABULATION OFFSITE WATER Item Estimated Description and Unit Price Unit Total No. Quantity Unit to Words Price Prig 1 5,100 L.F. Furnish and Install 12-Inch PVC Water (C-900) Including Trenching, Embedment, Backfill, Concrete Blocking and Fittings, Complete In Place for the Sum of Dollars and Cents Per Linear Foot _25.911_- L23.5~ 2 82 L. F. Furnish and Install 20-Inch Smooth Steel Encasement Pipe By Open Cut, As Per Plan and Detail, Complete in Place for the Sum of 5oZrs and- u - Cents Per Linear Foot _30.00 _2.4512.00 3 1 EA. Furnish and Install l2-Inch Tapping Sleevc and 12-Inch Valve and Connect to Existing 12-Inch Water, Complete in Place for the Sum of Dollars and Cents Per Uv.h _3~1121 Q9„ r ;2,00 4 S M. Furnish and Install 12-Inch Gate Valve, Complctc in Pia cc for the Su in of Dollars and , CcnL Per Each 750.00 3,7:,7.00 5 1 EA- Furnish and Install 8-Inch Gate Valve with One Joint of 8-Inch PVC Water (C-900) Including Fittings, Concrete [31ocking, ate., Complete in Place for the Sum of Dollars and _ _ _ Cents Per Path 500.00 5CG .00 A-1 EXPOSITION MILLS DID TABULATION OFFS ITE WATER Item Estimated Description and Unit Price Unit No, Quantity Unit In Words Total r " - Fria Price 6 4 EA Furnish and lnstali 6-Inch Gate Valve, Complete in Place for the Sum of i Dollars and _ Cents Per Each - 450.00-_ i,~txi.na 7 4 FA Furnish and lnstafl Fire Flydrants uith 6-Inch Leads and Fittings, Complete in Place for the Sum of DolEanand ~ Cents Per Fach $ LUMP SUM Trench Sare ty for Water Line Installation, Complete In Place for the Sum of Dollars nnh Cents Per Lump Sum SU13 -TOTAL 0FF'SI7E WATER fig,"662 09 A-2 1 EXPOSITION NULLS BID TABULATION OFFSFM, SANn'ARY SEWER Item Fstimated Description and Unit Price Unit Total r No. _~aaatity Unit la Words _ Price Prig _ 1 340 L.F. Furnish and Install 8-Inch SanitarySewer Pipe (PVC SDR 35) Including Trenching, Embedment and Hackfill, Complete in Place for the Sum of D'Aars and - - - Cents Per Linear Foot 2 LUMP SUM Connect to Existing Manhole, Complete In Place for the Sum,),' Dollars and Cents Per Lump Sum 100._00 _100,00 3 2 EA. Construct 4-Foot Diameter Manhole with Stubouts, Complete in Place for the Sum of Dollanand Cents Per Each 750.00 4 LUMPSUM Trench Safety for Sanitary Scwcrlnstallalion, Complete in Place for the Sum of Cents Per Lump Sum 5411_00 500.00 SUB-'TOTAL OFFS[ 11: SAM rARY SEWER 11,820.00__ , TOTAL AMOUNT' BID 0FFSI IT WNITIt AND SANITARY Sl;%V iR 156,182 , 00 to TAI.CAI_L DA 11 DAYS CONS'1'!'.UCIION OF OI FSI Ili WATER AND SANITARY SEWER 60 A-1 `f I h i EXPOSITION MILLS BIDTABULATION ONSITE UTILITIES Item Estimated Description and Unit Price Unit ToW r _ No. Quantity _ Unit In Words Price Price I 2,27S L.F. Furnish and Install 8-Inch PVC Water (C-900), Including Trenching, Embedment, Backfill, Concrete Blocking, and Fillings, Complete In PLace for the Sum of Dolfanand ~4T^---- Centa Per Linear Foot 1&36 42,333.M 2 445 L.F. Furnish and Install 6-Inch PVC Water (C-900), Including Trenching, Embedau nt, Backfill, Concrete Blocking, and Fitting, Complete in Place for the Sum of Dollars aoil - Cents Per Linear Foot 1715-__ 3.631.15_ 1 3 FA. Furnish and Install 8" Gate Valves, Complete in Place for the Sum of Do]larsand Cents Perfiach 400'QQ___ ,11209.OQ 4 S EA. Furnish and Instill6"Gate Valves, Complete in Place for the Suns of Do11::rsaod Cents Per fade 300.00 1LSOQ,.Q~_ 5 S EA. Furnish and Install Firc llydranLs, Complete in Pl.kce for the Sum of Dollarsand_ CerimPcrfach 750.00 31750.00 6 IO L.F. Furnish and Install Concrete Encmcment, Complete in Place for the Sum of -rs -a nd- Dollar Cents Per Linear Font - 30.00 2110.00 A-4 FXPOSFFION MILLS l{l BID TABULATION 1 ONWE UTILITIES ]tem E.timakd Description and Unit Price _ No.~ ~uaotiry Unit fn Words Unit Total Pricy Price 7 2,425 L.P. Furnish and Install 8-Inch Sanitary SC WC!' Pipe (PVC SDR.15), Complete in Place for thoSitm of Dollars and Cents Per Linear Foot __2!719eZ_ _ _ '1$~ 540.00 8 9 E.& Furnish and Install 4.0' Diameter Manholes, Complete in PL+ce for the Sum of Dollars and - Celts Per Each 1400. M 1~.~44,99 9 25 L. F. Furnish and Install 6-Inch Sanitary Sewer Pipe (PVC SD R 15), complete, in Place fog the Sum of Dollarsand ~ - Cents PerLinearFool -20.00 5p0.00 10 2 EA. Connect to Existing 8-Inch Water, Compicte it, Place for the Sum of Uollars and - CC nt's Per Ifa 111 - kf 600.00,_ 1,_600_.0_0 1 i LUMF SUM Trench Safety, Complete in Place 1 for the Sum of Uollars and Cc nts Pcr U-1ch 4C0.00 qt 0 00 TOTAL ANIOUN'rDI DONSIII?UIILIIIRS 120,365.00 TO FAL GUENDAR DAYS ONSt1ti u-nu IIIS 45 CG-9;; ry 9J pn iiu •11'n 199,1 J 4 A-S EXPOSFTION MILLS BID TABULATION WESTGATE UTILITIES I Item Estimated Description and Unit Price Unit Total No. uantity Unit In Words _ Price Price _ r 1 1,076 L.F. furnish and Install 12-Inch PVC Water (C-900), Including Trenching, Embedment, B.:kfill, Concrete Blocking, and Fittings, Complete in Place for the Sum of Dollars and Coots Per Lineal Foot 27.35 29,428.60 2 205 L.F. Furnish and lastnll S-Inch PVC Water (C-900), Including Trenching, Embedment, Backfill, Cuncrete Blocking, and Fittings, 1 Complete in Place for the Sum of Dollars and.' Cents Per Linear Fool 18.353.792.5a_ 3 150 L.F. Furnish and Install 6-loch PVC Water (C-900), Including Trenching, Embedment, Back011, Concrete Blocking, and Fittings, Complete in Place for the Sum of Dollars an1 ---Y--~-~- Cents Per Lincur Not 17_.55.,.__ 24532.50._ 4 3 EA. furnish and Install8-lncb Gate Valve, Comple to in Place for the Sum of Cents l'er 10.202.00. r 5 4 M. Furnish and lmtall 6-Inch Gate Vale, Complete in ITice for the Suin of Uollars and ` Cents Perlnch 300.00___,_ __11Z00.9.0 A-6 EXPOSITION MILLS 'BID TABULATION WESTGATE UTILITIES Item Estimated Description and Unit Price Unit Total No. Quantity Unit In Words Price Price i 6 3 EA Furnish and Install Fire Hydrants, Complete in Place for the Sum of Dollars and _ Cents Per Each _2,250.00 7 30 L.F, Furnish and Install Concrete Encasement, Complete in Place for the Sum of Dollars and Cents Per Linear Foot _60000__. 8 78 L.F. Furnish and Install 18" RCP CL. III, Including Trenching, Embedment, Backfill, and Fittings, Complete in Place for the Sum of Dollars and Cents Per Linear Foot -L4,M__ -1 16&.44- 9 30 L.F. Furnish and Install 21" RCP CL, III, Including Trenching, Embedment, Backfill, and Fittings, Complete in Place for the Sum of Cents Per Uncar Foo_t 18.42 5!,2 .CZO_ l0 60 L.F. Furnish and Install 24" RCP Cl- III, Including Trenching, I'smbcdmcnt, Backfill, and Fittings, Complotc in Place for the Sum of Cents Per Linear Foot .2.2-..44 1-, 346.40- 11 20 L. F. Furnish and Instill 30" RCP CL. Ill, Including Trenching Embedment, Backfill, and Fittings. Complete h, Pince for the Sum of F Dollurs anJ ~ Cents Per I.incar I'uM 30,00 600.00 A-7 E EXPOSITION MILLS j II I D TA BULATION WESTGATE Ui'ILITIES 1 Item Estimated No. uantity Description and Unit Price _ Unit Io Words Unit Total r Fria Price 12 25 L.P. Furnish and Install 42" RCPCL. 111, including Trenching, Embedment, Backfiil, and Fittings, Complete in Place fur the Sum of _ Dollars and Cents Per Linear Fol- 13 146 L.F'• Furnish and Install 48" RCP CL. III, Including Trenching, Embedment, Backfill, and Fittings, Complete in 11I3ce for the Sum of Dollars and Cents Per Liticar Ibr 14 354 `BL`Q4_'-..• .llaflll•E-4 L.F. Furnish and Install 54" RCP CL. fit, Including Trenching, Embedment, Backfill, a ad Fittings, Complete in Place for the Sum of Dollars and " Cents Per Linear Foot`-' 108.56_ 3Qr~3q,24 15 25 L.F. Furnish and Install 66" RC!' CL. III, Including Trenching, Embedment, Backfill, and Fittings, Complete in Place for the Sum of Dollars and Cents NrLinearFout 16 245.66 3r 641,50 I IiA. 2rurnish a nd Instal! 6.0' Dianoc 0.'r hta Whole, _ Complete in Place for the Sum of bullarsand _ _ Cents Per Such-' 3, 202.00 0 A-$ i EXPOSITION MILTS { DID TABULATION WESTGATE U'T'ILITIES Item Estimated Description and Unit Price Unit _ No. Quantity Unit Total In Words pace Price 17 1 EA. Furnish and Install Type "A` Junction Box, Complete in Place for the Sum of Dollars and Cents Per Each 1, 350 00 -11250.0Q 18 I EA. Furnish and Install Type "B" Junction Box, Complete in Place for the Sum of Dollars and Cents Per PAC 1,350.00 1,350.00 19 1 E.A. Furnish and Install Y% 3' Precast Grate Inlet, Complete in Place for the Sun, of Dollars and Ce n is Per Each 1,200.00 I , 200.00 20 2 FA. Furnish and Install 8,0' Curb Inlet, Complete in Place for the Sum of Dollars and--- Cents Per Each - 50_0_.00_- 3,000.00 21 1 EA. Furn M and Install Sloped I leadwall for 24" RCP, Complete in PLYce for the Sum of Dullirsand CenIs Ile rIi.ch 2,000.00 2,000.00 22 LUMP SUM Trench Safety, Complete in Place for the Sunt of Dollars and _ Cents Per Lump Sum - .500.00-___ -.SU0.00 - SUII- I01-AI, N'I?S'i( X1 I: U"I 11,111F,S 112,859.00 C6-9;91 ~t P51M nf.Yl;91 N 19 A-9 EXPOSITION MILLS 'SIUTABULATIOU WE$TGATE PAVING Item Esll;naled Description and Unit Price Unit Total No. Quantity Unit InWords Price Price 1 3,325 C.Y. Furoish and Install Compacted Fill Material, Complete in Place for the Sum of _ Uollars and Cents Per Cubic Yard _ 3,14 _ 3.925. 2 5,685 S.Y. Furni,h and Install 8- Inch Reinforced Concrete Pavement, 3000 PSI, Including 6-lncb Curb, Complete in Place for the Sum of Uollars and Cents Per Square Yard 4e948.4f 3 7,236 S.Y. F'urni;hand Install 6-fnchLimeStabiLud Subgrade, Complete in Place for the Sum of Uollars and - ~ ~ Cents Per Square Yard 25 4 134 'Pon Turn sh and Install Ilydrated Lime, Complete in Place for the Sum of Uullarsand _ Cents Pet Ton 75.00___. 1f. m.Q0 5 s0 L,F. Furnish and Insult Concrcle Street Ileader, Complete in Place for the Sum of llollars and _ Cents Per Lincar Fmt 20.00 11000.00 6 LUNIPSUM furnish and install Traffic Lane Marking and Traffic Sigm as Per City of Denton. C umplcle in Place for the Sum of r)U[];1 T5 and CcntsI'crLumpSum 2,000.00 2,000.00 A-la EXPOSITION MILLS BID TABULATION WESTGATE PAVING Item Fstimaied Description and Unit Price Unit Total No.__ uantity Unit In Words Prix Price i - - 7 LUMP SUM Furnish and Install 6-Inch Top Soil, Seeding or Sodding for Parkway andMed[ans Complete in Plato for the Sum of E o I l rs and Cents Per Lump Sum w 7,500.00 _ 71500_00 8 170 L. F. Furnish and Install 6-Inch Schedule 40 PVC Sleeves, Complete in Place for the Sum of Dollars and Cents Per Linear Foot 10.00 11700.00 9 2 EA. Furnish and lnstan Barrier Free Ramps Complete in Place for the Sum of Dollars and --'Cents Per Each 250.00 500.00 10 525 S. Y. Furnish and install 5 0' Concrete Walk' Complete in Place for the Sum of Dollars and Cents Per Square Yari -9,450.00 11 142 1. F, Dowel Into Fisting Concrete Pavcatcnt, Complete in Place for the Sum of Dollars and - Centsl'erl,incarPout 5.00 71U.Ch? 12 137 Ton Furnish and lnstull'I'ypc "A" I for Mix Asphaltic Concrete Pavemcn4 Compic is in Placc for the Sum of I)olhrsand _ _ Cents per Tort 40.00 5,480.40 A-11 EXPOSITION MILES BIDTABULATION WESTGATE PAVING Item Estimated Description and Unit Price Unit Total No. Quantity Unit In Words Price price 13 91 Ton Furnish and Install Type "D" Hot Mu i Asphaltic Concrete Pavement, Complete In Place for the Sum of Dollarsand _ Cents FerTon 4Q~~0.__ ~ part n~ SUB-TOTAL WESTOATE PAVING 1614.9 00 TOTAI.AMOUNTBIDWESTGAT 14"53 t TOTAL CALENDAR DAYS WESTGATIi 61) 'Includes S' Walk Onsite e A-12 , BhS 12887 16 h PERFORFiANCE BOND I STATE OF TEXAS COUNTY OF Dallas I KNOW ALL MEN BY THESE PRESENTS: That Exposition Mills of Texas, Inc. of the City of Dallas County of Dallas , and State of _ Texas r I as PRINCIPAL, and The Fidelity and Casualty Company of New York as SURETY, organized under the laws of the State of New Hampshire and authorized to do business in the State of Texas to act as surety on bonds for principals, are held and firmly bound unto tho! City of Denton, Texas, a municipal corporation in Denton County, Texas, hereinafter called OWNER in tha penal sum of Five Hundred fifty-one thousand and no/100 Dollars ($551,000,0 for 9 the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 16th day of July , 19_92 for the construction of Exposition Mills Factory Stores Public Improvements which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that-if the said Principal shall faithfully perform said contract and shall in all Lespects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to AAA00sE6 PB-1 i M I the Provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 6th Legislature, Pegular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent I i as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the ter~as of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have I signed and sealed this instrument this 1Gth day of July 19 92 I _ Exposition Mills of Texas, Inc. The Fidelity and Casualty Company of j Principal Surety New Yo:-k By: ti ~C)l~vcf~_v Max J. rdner By.= Attorne -in-Fact Holly Hart Title mrr_aaurg~_~_ Title _ Attorney 3400 Thanksgiving Tower Address - i Address 600 N. Pearl St. #1400 Dallas, Tx 75201 Callas, Texas 75201 A11A009E6 PB-2 , Witness as to principal: Witness as to Surety: (SEAL) (SEAL) i The name and address of the Resident Agent of Surety is: B. R. Goodenough Sedawick Janes of Texas, Inc 3811 Turtle Creek Blvd, Dallas Texas 15219 i NOTE: Power of Attorney of Surety must be attached. Date of Bond must not be prior to date of Contract. AAAOOBBb PB-3 Y ~ i PAYMENT BOND STATE OF TEXAS COUNTY OF Dallis { That Exposition Mills of Texas, Inc. f of the City of Dallas County of Dallas and State of Texas , an prin- cipal, and The Fidelity and Canualty Company of New York a cor- poration organized under the laws of the State of New Hampshire and authorized to do business in the State of Texas to act as surety on 4 bonds for principals, as Surety, are held and firmly bound unto the City of Denton, Texan, a municipal corporation of Denton County, Texas, as OWNER, in the penal sum of Five hundred fifty-one thousand and no/100 Dollars 551,000.00 ) for the payment whereof, the said Prin- cipal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the owner, dated the 16th day of July / 19 Q7_, for the construction of Exposition Mills Factory Stores Public Improvements to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITJON OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; , PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or t) the work performed thereunder, or the plans, specifications or arawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed { thereunder. IN WITNESS WHEREOF, the said principal and surety have si ned and sealed this instrument this 16th day of July q 19 Exposition Mills of Texas,~lnc. The Fidelity and Casualty Com i Principal Y_~ynY of Surety New York By: ~a,~Ci~~t, By: Max J. a dner . Attorne -in-Fact Title Tr a Title }x{ Attu:,nHart Address 3900 Thanksgiving Tower Address 600 N. Pearl St. #1400 Dallas, TX 15201 Dallas, Texas 75201 Witness as to principals Witness as to Surety, i (SEAL) (SEAL) Th~v name and address of the Resident Agent of Surety is: B. R. Goodenough Sedgwlck Janes of Texas, Inc. 3811 Turtle Creek Blvd. Dallas, Texas 75219 NOTE: Power of Attorney of Surety must be attached. Date of Bond must not be prior to date of Contract. Payment Bond Page 1 r AM 06C 7 E 1 I MAINTENANCE BOND STATE OF TEXAS COUNTY OF Dallas KNOW ALL MEN Jr JheSE PRESENTS: THAT Exposition Mills of Texas, Inc. j of D-~ a-i-S of the city of Dallas ` , the ty .td State of Dallas , Principal, and The Fidelity and Casual as ty Canr~ u„W v to do business in the State o s, a corporation n dauthorized o hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas th3 sum of Fift -five thousand one hundr d any Dollars (10% of the total amount of the contract -m nSti. h7no_nn), for the payment of which sum said principal andsurety edohereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Exposition Mills of Texas, Inc. has entered into a written - contract with the said City of Denton, dated the 15th day of July, 1992, to build and construct Exposition Mflls Factory outlet Stores Public Improvements which contract and the plans and specifications therein mentioned, adopted by the city of Denton, are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and vet out in full herein; and WHEREAS, the contract, provides that the Principal will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City and do all necessary work and repair of any defective conditions growin- out of, or arising from the improper construction of the improvements 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 or backf.iliing, compacting, or any other cause or condition, known or unknown, at any time during the period of this b cover ond, it being understood that the purpose of this section is to materials l work defective labor performed r by isaid Principal. of defective case tthe said Principal shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may perform said work in a the same ccordance with said contract and supply such materials and charge obligation and against aid hPrincipal and surety n shall sbe surety on subject to the MB - 1 i damages in said contract for each day's failure on the part of said Principal to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Principal shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. i It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Exposition Mills of Texas, Inc. as Contractor and Principal, has caused these presents to be executed by Exposition Mills and the said _The Fidelity and Casualty Company of New York as surety, has caused these presents to be oxecuted by its Attorney-in-Fact Holly Hart and the said Attorney-in-Fact has hereunto set his hand this _ 16th day of __fly -r 19 2 SURETY: PRINCIPAL: The Fidelity and Casualty Company Expositi n dills of Texas, Inc- _ n f At _ BY. f l C Ilo ly Hart ptlQrnQx _ _ Max J.t~ ardner, Treasurer Attorney-in-Fact 'A-' - MB - 2 The Fidelity and Casually Company of New York GENERA! POWER OF ATTORNEY Know ail men by these Presents, That THE FIDELITY AND CASUALTY COMPANY OF NEW YORKhas made, constituted and appolnled, and by these presents does make, constitute and appoint i Hotly Hart of Dallas, Texas its true and lawful allorney for it and in its name, place, and stead to execute on behalf of the said Company, as surely, bonds, undertakings and contracts of suretyship to be given to All Obtlpees provided that no bond or undertaking or contract of soictyshlp executed under this authority shaft exreed in amount the sum of i Five Million (5,000,000) Dollars This Power of Atiotney Is granted and is signed and seated by facsimile under and by the authority of the following Resolut ion adapted by the Board of Directors of the Company on the 13th day Df January, 1989. "A[SOLV[D, rhal nk Chaimun nr the Mmrd, Iht VV r Chalimm or Itw surd The hndeol, an ExKutlve Vice Presidem we Senior Vice NOdenl a a vice hevldent or t:v Company, be, and rnar each or any of H,em h, oulhorited 10 eaecult Powen of Alrorney pualitylna the ahomey named In the Raven Pow" of Amaney to ececvie In behaH d the Company, Lands, vndenatinp and a9 conlrao, or iuretyshtp; and that an A lsranl Vice Nesdent, a SeDelary or in Asrhtam Sectelary be, and that exh or any or Ihrm hereby N. oulhalred to toted the exrruron of any ouch P~ of Aaorney, and to anach theetio the rear or Ur Company, FURTIftR RMLVID, that the URnaiurn of such orrKera and she sear oche Company maybe All roan yy ouch Power of Allwney a so any cenlrrrate ieLUnR thnelo by 1 fuslmrk, and any such Power of Anorney a ceMifiu le beads(t wch racslmile slRruturrr or facslmae wa l shall be v ahd andbindlna upon the Company when w eAL ed and x, the future 1 will, rnpecs to any bond, undemasirs of cm,ex, or lweryshlp io which his anached" 1 In Witness Whereof, THE F OF LIT Y AND CASUALTY COMPANY Of NEW YORK has caused its official seal lobe he;eunioaffixed, and these presents to be signed by one of its Vice Residents and attested by one of its Assistant Vice Presidents this? day of play, , f9yO. 39 Attest; 900 THE FIDELITY AND CASUALTY COMPANY OF NEW YORK BY • lLJ A"AA J D.LSanta, AwhiarwYkenes)denl EmA a. Aslew, Y,ce Arr+ldenl STATE OF CONNECTICUT COUNTY OF I IART FORD On this ? day of May 19 gobefoie me personally came Emil 0. Askew, to me known, who being by me duly sworn, did depose and say that he Is a Vice Pret ident of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the corlxxation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument Is such cutporote seal; that it was so affixed by order of the Board of Directors of said torporation and that he signed his name tllerefo by like order, d,s )Anp OsORIA D. RUNS NOTARY PUBLIC CERTIFICATE my rommiwon r,plre+ Ma¢h Al. s99) I, the undersigned, an Assistant vice rresidetst of TI IE f IDELITY AND CASUALTY COMPANY Of NEW YORK, a New }fampshlte corporation, DO HCR.BY CEhTfFY that the foregoing and atlached Power of Allorney remains in full force and has nor been revoked; and furthermore that tl;e Resofutir,n of the Board of Directors, set forth In the said Power of Alrorney, is now in force. Signed and seated at the (own of Fafmington, In the Slate of Connecticut, Dated the 16th aYof Jul)' ,1412 , IS PUh C'. ~ I. Dennis Lane, Ass'n4ol Vice Pitidenl Ly ,tyISN i•.....•` Printed in U.s. A. I X00 ~ + "r n~0 0 O~ is a a G~~~~o0 coon l i 21931 PROJECT NO. 1,203 CONTRACT NO. ff'/ THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S ' r Whereas, _ Fjoxl Lion, inc. hereafter referred to as "Owner," whose business address is 2110 Executive Dr.. Salisbury. NC 28144 , 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 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 whit:, 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 owner as named above; or 11AC7 1 1 x *I Whereas, the owner elects to mako such Improvements hereafter set forth by contracting with EMJ CORPORATION f whose business address is 1303 WALNUT HILL LANE, SUITE 130, IRVING, TX 75038 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 made therefor; WITNESSETN 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 South Past oorner, of windsor Drilro and N. Locust Street _ (Lot 1 Dlock 1 Food Lion T-2 Addition the Owner, Contractor and City, in consideration of their mrrtual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. contractor agrees as follows., (a) ~ecifications. To construct and install the Improvements in accordance with the procedures, specifications 1 and standard contained in Division II and III of the City's Standard Syectfications fer Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 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 Engineer; Inspections, Tests and Orders. That all work on the Improvements shall be performed I iq 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 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- ised 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 .allure 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 tho Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Divisio,z 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 aid 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 J 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 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 %ot 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 7 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 surety company authorized to do business in the State of Texas; or, (11) if the total contract amount of all Improvements is $501000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development,', as defined by City's Development Code, and a payment bond has not been submitted in ' accordance with (1) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in tho construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City PAGE 5 v Ii labor all bids$ charges accounts,ortclaigms that 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 dedlCAted 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 pr!ce 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 ur 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 M - I 1Mj i 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 frog 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 it subcontractors; or on account of any negligent act of fault of PAGE 7 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, r (g) Agreement Controlling. That the provision of this { agreement shall control over any conflicting provision of any i 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 otter 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 i 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 devolopment," 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 to accept the Improvements. i S. Venue and Governing Law. The parties herein agree that I 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 accorda*ice with the laws and court decisions of the State of Texas. i b. 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, 11 day of ru,RCti 19 92 OWNER Flood Lion, Inc. CONTRACTOR EMJ CORPORATION BY: ~ BY: JP Jamee E. Martin, Agent J Y J LL , CE PRES DENT CITY 0 N TEXAS n Y: ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 J EXHIBIT A RIGHT TURN LANE QUANTITY UNIT PRICE TOT Sawcut 260 LF 1.50/LF $ 390 Turn Lane Lime stbl. 8" 244 SY 2.34/SY 571 6" RMAC "H" 244 SY 16.00/SY 31904 2" HMAC "D" 244 SY 5.00/Sy 1,220 $6,085 SIDEWALK 1544 SF 2.00/SF $3,088 WATE H 8" Tapping sleeve and valve 1 EA 800/EA $ 800 8" PVC 487 LF 17.65/LF 8,596 6" PVC 18 LF 14.50/LF 261 8" x 6"x 8" Tee 3 EA 375/EA 11125 Hydrant 2 EA 90/EA 11920 6" Valve 3 EA 350/EA 1,050 $13,752 STORM DAATNAGE 15" RCP 56 LF 20.00/LF $ 11120 Sloped end sections 2 EA 19.00/P,A 3,800 18" RCP 444 LF 32.00/LF 14,208 Manhole 1 EA 3000/EA 3,000 Headwall 1 EA 1200/EA 1,200 RIP RAP 75 SF 2.50/SF 187 $230515 Total Public Improvementet $46,440 DS\0311.mmv I I~ I 1379L PkOJECT NO. CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That EMJ Corporation of 1303 walnut Hill Lane, Suite 1300 Las Colinas, Irving% Texas 75038 Texas hereinafter called "Principal" and Firemen''s Insurance Company of Newark. New -Jersey , a corpo- ration organized under the laws of the State of New Jersey 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 Food Lion, inc. M _ hereinafter called "Developer", in the penal sum of Fort Six Thousand Four Hundred Forty and No/100 lawful money o t h! 11 1 n to tales, to a pa in`6entonn ountyj, 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. certain OBLIGATION THE Principal entered into THIS contract such that WHEREASd, the as of the 11th day of March , 19 92, (the "Contract"), a copy of which is attached ereto and mane a part hereof, for construction of Public Is rovements to serve Food Lion T-2 an Addition to the C►cy o Denton, Denton County, exas; a i NOW, THEREFORE, if the Principal shall well, truly and faithfully perform Its duties, all of the undertakings, covenants, terms, conditions and agreements of during the original term thereof said Contract , and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any 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 topp the work to be performed thereunder or the ittscobligation anying It does hereby waive notice affect 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 11thday of March , 19 92. PRINCIPAL , f19,1 Corporation /sr~~ITcTFliLT_ BY: 1303 Walnut Hill Lane Suite 130 -"ZA3aress Las Colinas, Irving, TX 15038 CONTRACTOR'S PERFORMANCE BOND/PAGE 2 r I e: I E S -GCU~t- 3v 3 VII,,wv Ar e,ss ` SURETY New~3e;s,8ylasurance Coepsa~ o~yark, BY: Paul F nBrock~ act 823 Chickaaau a Avenae Rossville CA 30741 ress 8`. 2_3 Chickamau a Aveaue Roasvi 11e, rC 30741 NOTE: FOWER OF ATTORNEY OF SURETY hJUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, CONTRACTOR'S PERFORMANCE BOND/PAGE 3 I Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Paul F. $rock stead to of its true and lawful attorney, for it and in its name, place, and and contracts of suretyship to be given to execuleton behalf of the said Company, as surely, bonds, undertakings 1 All 9bllpers provided that no bond or undertaking or cor tract of suretyship executed under ;his authority shall exceed in amount the sum of This PowerofAtlorneyIsgranted adissigned and Teri Mililory sealed byfacilmil udlerOctlars adbytheauthorityofthefollowing Resoiutionadopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 17th day of Jan'rary, t989; '1USOEVED, Chi, Ire Minnan of ak Boyd, the yk:e CMinron d the Board the Pr.+idenl, in Exerutise We Resderi or a Senior We Preu'dani a a We lit"WeM of the ComyvnY, be, and durea,.h a any dlMm hereby h, a uthcyirrd to aecute Powm d,tRUrtwry r♦wli hiM 7hr anarwr namedin Ba ' en Power ar An FIREMEN' S INSURANCE COMPANY OF NIMARK, NEW JERSEY,bon(fk undefUkrip adailcontrachof"emty and Srcmary be, and that each many of them herby Is, authohued to attar the ececuim of any such Power of Aharic , that anMAhtant Vke PrnfdeMYa S Comp I~beMBdthe fURTHEA RESOLVED, IMI the Y ud to ah the rein the real of thr Company n Aawstanl fxsFmge, and+nYSUCh Puwa ofAtturtrenady tcenilktl beariF~+B sucahx kluBnaWrnCom a xnslmmlk va)rMAbe val.dardtti'rdµvu~o)y,y a to any ceni!kue reLtir>, therrto by withre+DMto any bond, undMakirp a <anhaaidwntyshfp to which N b atlxhed,'• nB Do Company when r.., affixed andin the fuWre In Wftiness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JE RSEY has caused its official seal to be hereunto affixed, and these presents lobe sigrxd by one of its Vice Presidents ad attested by one of its Assistant Vice Residents thi ~l day of 19 90 JWVAry Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY 40 0~ - By O.E. Banu Arshtam wo Residero r7Q._. i E EmR 8, AtEtw, We Rndrnr STATE OF CONNECTICUT COUNTY OF HARTFORD I Onthl~, dayof 19 ,before me sworn did deposes ythatheisaVOM)sidenlo(NIIREMEN'SINURANCECOMPANYOFNEWARK,NEWJERSEYetheborneritiloynclescribed In and which executed the aboveInstrument, that he knows the seat of the said co roralion;that theseat affixed tothesaid instrument Issuch capofate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his mine thereto by like order, o srr~ r J N01 xAr e -0 ~NOTARYY PUIDC S CERTIFICATE My Cmmhskm Exprc Mmh J t, 1 99a 1, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NE WARK, NEW JERSEY, a New Jersey t orporation, DO I IEREBY CERIIIY Ihit the furegning and attached Powrr of Attorney remains in full forte and has not Fxcn rcvuked; and furlhermore that the Resolution of the Board of Directors, set forth In the tail Power of Attorney, is now In force. Slgncdad sealer} at the town of Farmington, the Stale of Connecticut. Elated the 11 thda of r 7irc 19 9221 < BONDUt5E ~ ,ASE IR lane.A, T, Vka Fymkirnl Printed in 1.1 SA 1378L PROJECT NO. CONTRACT NO. r CONTRACTOR'S PAYMENT BOND I i THE STATE OF TEXAS S COUNTY OF DENTON ; KNOW ALL MEN BY THESE PRESENTS: That EMJ Corporation of 1303 Walnut 11111 Lane, Suite 130, Las Colinas, Irving,Xx 75038 Texas hereinafter called ""Principal" and Firemen's Insurance coo an ' of Nevirk Nev Jerse a.corpo- ration organized under the laws of the State of Nev Jersey 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 Food Lion, Inc. hereinaiter called "Developer", and unto all persons, firas and corporations who may furnish materials or perform labor fLr the building or improvements here- inafter referred to in the penal sum '2rty Six thousand Your Hundred Fort and No/100 46,aa0.00 lawful money of the United States, to be paid in Denton County, Texas, for the paymen• 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 11th day of March 19 92, (the "Contract"), i a copy of which is attached hereto and made a part hereof, for I construction of Public Improvements to serve Food Lion T-2 an Addition to FrT i the City o enton, enton ounty, exas; NOW9 THEREFORE, the condition of this obligation is such that, if tho Principal shall promptly make payment to all I claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that torm is used in Article 5472d, Revised Civil Statutes of Texas, as recodified in Chapter S3, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in, said Contract, then this obligation shall be null and void, otherwise, It shall remain In full force and effect. This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution M of the work provided for in said Contract, ani all such claimants shall have a direct right of action under tho bond as provided in Article S260 Revised Civil Statutes and Article S472d, Revised 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. [he 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. PROVIDED Developer T and thetPrno final incipal shall abridge between the right the City any beneficiary hereunder, whose claim may be unsatisfied. ' tripli- deemed i executed cate, each Nono off which h tshallinstrument original, in this the 11th day of March 9 lg 92 PRINCIPAL W Corporation CONTRACTOR'S PAYMENT BOND/PAGE 2 v AV SECR'TA R PRINC P L BY: - 1303 Walnut Hill Lane, Sulte 130 A ress Lae Colinas, Irving, 1X 73038 I A R 1 3C).1 VktAL 'j A LA~C ressj---__ sue, 136 I>zV~wG , i x SURETY Firemen's Insurance Com an New J4fse P Y °f Newark, BY: ~t orney. n- act Paul F. Brock 823 C- hlck~auga Avenue Roasvtlle CA 30741 CCSS 823 CuickmMu a Avenue e Rossville, CA 30741 NOTE: POWER OF ATTORNEY OF ~'RETY MUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO Dh.E OF CONTRACT, CONTRACTOR'S PAYMENT BOND/PAGE 3 Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, Thal the FIREMEN'S INSURANCE COMr ANY OF NEWARK, N'EW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Paul F. Brock of Rossrilte, Ceorgia j its true and lawful xney, for it and in its name, pla(e, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretysir.p M be given to All obllgces provided that no bond or undertaking or conlract of suretyship executed under this authority shall exceed in amount the sum of t i i I Ten MililuT 0D,D00,000) Collars h pp This the Board of D re Ion u! e FIREMIN'SINSURAN Cand scaled by faCSiMilO Undler E COMPPANYOF NEWARK, NEW I Rthe authority of 11he SEYat a meeting duly called and held onthe 13th day of January, 1989; "RESOLVED, Thar The Clubman d the Board, t'ie Vke C'hairrnan of die Eaed, ;he PreskleN. an E.ecutise Vke Pir,46.-nl a a Senior vkt President or a Vke Rrsldent d the Company,be,ardVtWrxhaanydthMNe"ebyh,aulrson:MTOesuutePow~rsdAnanr quililyinrlheam, nvtnarnodinthe}(IvenPoweiolAtlurne)tuesecurehbeMNdthe FIREMEN'S INSU"ICECOMPANY OF NEWARK NEW'ItUY.l*Nh,unckitakinpand all contrach dsu~ely-sh,p and Ilwt an A istant Vke Resident,aSe.!etan a an AsahTanl SecMary he, and Put exA nr any d than hereby h, autha red to a irsi the execution d any such Pow" of Anonwy, and to anxh Thereto the teal d tM Company FURTHER RLSOIVI D, Ihat the siputuns d sue h flits m and its, sed d the Co npany may be Al ised to any axh Pawn d Ana+ey a roant cenirKale relninB therrto by facsimile, and any so<h Pk cir dAManey orcenikate beano wr h lxOnile signatwes a lxsimife seal shall be sah and dndirl upon Ow Company when sn affiml and in do fulure with resix-010 any bad, urdertakina a mntrxi d sureip to whkh It n artxhed," In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal lobe hereunto affixed, 19 these presents lobe signed by one of its Vice Pesidents and attested by one of its Assistant Vice Presidents thist~ day of Ja ear PO y Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY BY Dl.Rants,Aasht.,aWaPrnldenl r-r'ipa~e EmillAekea',We Nesdent STATE OF CONNECTICUT ) COUNTY OF HARTFORD !r On this daY of 19 , edore me personally carne Emil B. Askew, to me known, who being by me duly sworn, did depose ii;Aythatheisal44.`I`rAidento(kfblREMEN'SINSURANCECOMPANY OFNEWARK, NEW)ERSEY,theca ration described In and iahlchexeculedthe above lnslrumenFthat heknowslhesealofthesaldcaporation;that thesealaffixedlothesaid Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. a OCALA b, SHKINS ")W Pat CERTIFICATE My rrrimlxknt txplres is n ft, t991 I, the undersigned, an AssMint Vice President of the F IR[MEN'S INSUPANr( COMPANY OF NEWARK, NEW itRSEY, a New Jersey cox wration, DO IIt RE BY C[RIIFY that the fun-going Ai Id.wached Power of Altorney renmins in lull forte and has nett been res AH, and furmermore 'h it the Resolutiun of the Board of Dirvkfors, sot forth in the said PuAti of Atlurney, is now in fort eSigned and scaled at the town of Iatrnioglon, the 5hd: of Connecticut, Doled the 111lhda of Narcls ,1') 97 a~ N >aF I fknnh tare, Ks1''sUnl Vke Aeon- kyr~ 21 BOND 411SL it Primed in U.S.A. v J~J 0r, t'/d y P o~OkOpCON ~~~~~00 f 1,1y:il PROJECT NO. M CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, tyon ttoN 1NC. 1 hereafter referred to as 140wner," whose business address is i 2110 EXECUTIVE DRIVE, SALISBIIRY, NC 28144 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 04.4 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 thq 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 a'3 named above; or PAGE I l I Whereas, the Owner elects to make such Improvements hereafter iset forth by contracting with SIZELOVE CONSTRUCTION COMPANY , whose business address is 3217 COUNT3Y CLUB, GARIAND, TX 75243 ~ - , hereafter referred to as "Contractor"; and i 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 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 1505 E. HCKtNNhY QENTON, TX 76201 ~ 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 PAGE 2 such Improvements, such specifications, standards, regulations and ordinpnces being expressly incorporated herein by reference 1 I and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspections, Tests and J1 Orders. That all work on the Improvements shall be performed 1 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 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 it 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 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 r 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 and methods of construction shall be such as Contractor may cFoose; subject, however, to the City's right to reject any Improvements for which the means or method of construction dins 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 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 requiFements 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 fuli and faithful completion of the PAGE 4 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 form shall be used. (b) moment 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 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 tb 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 1 En !Weer accounts,ortclaims tfor labor bier charges, material furnished in connectionf with and construction of the Improvements have the bee paid in full and that there are no un re. leased recorded liens filed against the Improvements, or Isnd to which they are affiz•.o, 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; Anal 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 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 liens, claims, charges or encumbrances of any kind. If, after acceptance) of the Improvements, any claim, lien, charge :r encumbrance is made, or found to exist, against the Improvements, or land dedicatzd 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 (10%) of the contract amount of the Improvements, insuring the repair ana 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 fcr 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 the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgmei,t, with costs, which may be obtained against the City growing o,:t of such injury or damage. - (g) Agreearent Controlling. That the provision of this agreement shall control over any conflicting provision of any I contract between the Owner and Contractor a 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 perso:, to occupy any building within the development until all Improvements are completed and accepted by ti.e 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. Thal, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE 9 to accept the Improvements. S. Vcnue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and it 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. I 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, day of O✓~j; OWNER CONTRACT f 8Y' i~l~ ~y~ BY: , Fccqb-01" )1(c, CITY 4(0FEIN, TEXAS ATTEST: Jr FZR' W ~EC~Lf r APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY r BY: PAGE 9 E 214x34 g,p4 SIZELCVE CONST CO r 521 P01 NOII 10 I S42 12:42 12FwTO /E CONSTRUCTION CO., INC. P,O, Box 476237 Commerclal Concrete Contractor Garland, Texas 75047 Phone (214) 840.0504 1 Mobile (214) 608.1683 RE.' ~opoGo.v sree~ r ao ~ i ~t7 NC rLG7L: ~t~e r~ FU/L .C ~~7'` TurQ,►✓ lrgn~ I, /~,,/p ~/OG~tJr9 tct s ih I 1 i i { PROJECT NO. CONTRACT N0. 1- CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That SIZELOVR CONSTRUCTION COMPANY, INC of 3217 Country Club Road Garland Texas hereinafter-called "Principal" and FIDL•'LITY AND DEPOSIT ' COMPANY OF MARYLAND corpo- ration organized under the laws of the State of Maryland 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 O?nton County, Texas, hereinafter called "City", and _ Food Lion, Inc. hereinafter called "Developer", in the penal sum of SIXTEEN THOUSAND AND NO1300-------_---- aw ul money o t e- n --l.fi..11n onr~ Texas, for the payment of which ssum well and Iru y nto nbeomade, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE Principal0entered into THIS LIGATION is such that WHERFAS, the as of the - 4th day of a copy of which is attar a ereto and 1 1992 the made ,a (part'hereof, tor, construction of Turn lane on sidewalk, 05 F. McKinney; Denton, Texas - to serve Food Lien Store the City of Denton, Denton County, Texas; an Addition to f 4 NOW, THEREFORE, if the Principal shall well, truly and faithEully perform its duties, all of the undertakings, covenants, terms, conditions and afire;ments 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 satiefy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer j 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 h 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 II` the terms of the Contract or to the work or to the specifications. j IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the _4th day of _Noynmhor 19~ . PRINCIPAL SIZELOVE CONSTRUCTION COMPANY INC. a SECRE ?.R R _ BY: z1~7 Country Club Road Garland, Texas 75043 AT ress CONTRACTOR'S PERFORMANCE BOND/PAGE 2 , ' I WITNESS AS TO P I~CIPA A ress i 1 SURETY FIDELITY AND DFPOS11' COMPANY OF MARYLAND BY: L t40e; n- act. aymon Dyer 409 E- Centerville Road Garland, Texas 15041 TAAd3ri s-sf E T---- u s 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 I /aL PROJECT NO. CONTRACT NO. CONTRACTOR'S PAYMENT BOND I THE STATE OF TEXAS S COUNTY OF DEN ON KNOW ALL LIEN BY THESE PRESENTS: S That SIZF,LOVE CONSTRUCTION COMPANY INC. of __3217 Country Club Road Garland _ Texas hereinafter called "Principal" and FjjFI jTY AND DEPOSIT ' COMPANY OF MARYLAND a corpo- ration organized under the laws of the State of _____Maryland 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 Food Lion, Inc. hereinafter called "Developer", and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvements here- inafter referred to in the penal sum of SIXTEEN THOUSAND AND NO/100------------------ 16.(00.00 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, 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 4th day of November , 1992 , (the "Contract"), a copy of which is attached hereto and made a part hereof, for construction of Turn lane on sidewalk, 1505 E. McKinney; Denton, Texas to serve Food Dion Store the City 6 e n t on, enton ounty, Texas; an Addition to i thaENOW~ THEREFORE, the condition of the e P this obligation is such Pt1y make claimants, as d fi edin Article 5160 Revised Civil Statutes of Texas and all claimants as that m is used in payment to all Revised Ci , as reco vi l Statutes of Texas ter Article 5472d, Subchapter I of the Texas Property Code dified in Chapter 53 materials in the prosecution of the work , supplying labor and Contract, then this obligation shall be n 11Pandlyo dfor in said it shall remain in full farce and effect, otherwise, of alllclaimants smaduppelyaindngelntabeorredaindnto solely material in for the the protection osecution of the work provided for in said Contract, and all suchrclaimants shall Articlea5260 dRevi ediCivilfStaction atutesunand Articled 5472d, Civil Statutes, as recodified in Chapter 53, provided in Texas Property Code, as the case ma Subchapter IR of Revised 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 the spectficatlons accompanying the same shallrindanyewisedaffec~. its obligation on this bond, and it does hereby such change, extension of time, alteration oriaddition 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, each one of which shall be deemed an original, this the _4ttL_ day of 14 PRINCIPAL SIZEL, U_ yf__CONSTRUCTION COMPANY, INC. CONTRACTOR'S PAYMENT BOND/PAGE 2 SECRETARY PRINC PAL BY. < <1r 717 Country Club Road Garland, Texas 75043 `-e s is V r Wi:NESS AS TO PRI IPA TAM ress SURETY FIDELITY AND DF,POSIT COMPANY OF MARYLAND U JCU' R ~TttCt' BY: SECRE AR Att me y-ln- ac Raymon R.Dyez 409 E. Centerville Road Garland Texas 75041 ress WAcoa na w SURETY ~.r y+r7`nn „Gps }1 /n I Vii, A ress NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. CONTRACTOR'S PAYMENT BOND/PAGE 3 0763L PROJECT NO. CONTRACT No. CONTRACTOR'S MAINTENANCE BOND - • (DEVELOPMENT CONTRACT) I i THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SIZELOVE CONSTRUCTION COMPANY, INC. 3217 County Club Road; Garland, Texas 75043 Of Dallas County, Texas, hereinafter called Principal and FIDFLITY AND DEPOSIT COMPANY OF MARYLAND P O. Box 1227• Baltimore, Mar land 21203 and authorized to ado zbusiness in the 5tateho£STexas~ herernaater called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, f hereinafter called "City"in the penal sum of Sixteen Thousand and No/100------------ ( 16,000.00 ) Do ars, aw Tu- I-money o the united States, the sa sum a ng 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 November 1992 in the proper performance o-fwhich the ty o Dent 0n, Texas,,has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Construct turn lane on sidewalk 1505 E. MCRinfleV; Denton Texas - Food Lion Store CONTPACTOR'S MAINTENANCE BOND-PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and `f 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, otherwise to remain in full force and effect. i i In case the said Pvincipal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may di said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continues 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 E;ave been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOi-, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 4th day of _Noyember , 19 92 - PRINCIPAL SURETY FIDELITY AND DEPOSIT COMPANY 1 SIZELOVE CONSTRUCTION COMPANY INC. of Maryland BY: BY: Aim b ➢DRN Raymon R. Dyer CONTRACTOR'S MAINTENANCE BOND-PAGE TWO NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. I ATTEST: S E ET" ARY CONTRACTOR'S MAINTENANCE BOND-PAGE THREE ,I The F11)l11'1'Y ANI) Dlil'OSI7 COMPANY OF %1AHYL,iN1) e COLONIAL ANILRWAN CASUAL] Y AKD SIIRFI l it 'i AiP,M' Companies Holkw Di I'wl ; BA141INPIR1 . MD 2120 POWER OF ArrORNEY Rso" Al I All N 1 Ili Ni IlkI si %is That the I-1IIt I.II1' :INI) DI I4ISII CUVP:1 111 AlAR11 ,NI., will IIle C4,1 r'. A'. Alai FI, 1N ('NS+ Ni 11 aNII Si kit n ('uw'1~5..'+r w'r.d eels of Ilie State . f hiar)I:md. by C. M. FECOT, JP., Slrr-I'resWcnl. and C, W. ROBB INS ~Ssskiint Secretary, in par,uau.c of aulhorit) gnml,d he ArYxk V., Section 2 III the respedo c Hl I kills of slli,' Cornnarue.. which arc set I'arth on I ker.e side and are herchl ccrld icd In he in full lice and etleci fin the dat: IldrOlL Jo herch) nominate. consfilute. lint Ja Davis, Perry Max, Raymon R. Dyer, Melba Butcher and Sus wand e l of Garland. Texa5,E9GH. the true and la'Alul actin and Morney-in Fact ul each. tI csecule tk nd ddi%cr. liv. and or n, heh,,l1 as .urc%. and as Its a.l and decd any and all bonds an rtak' o.,EXCEPT bonds on behal IF of Independent Executors, Community ivors Community Guardians.... And the elerunon ul su,h ,Inds or undertakings pmm,:e of le ~~Trcx•nts, sluill he as hhnlillg upr n said l'. nq Ines. u. lul and amply. 1a all intents and purptues. as if 11 I Ikon d1 ;Ile, ated and a, knowWlFcd h, ncc I,Sala'ly Q11 "l" "I[Ili n I 1 a ~ the re.ikeUlC C,+m panics at their nfl~lt'l'e 10 are, FiJ O'1l•Ir t+NR prOfkf Ih'h~+rl.. phis power of attorney revl~~ that 's. ed on behalf of Jack W. Davis, etal, j dated, April 8, 1991. ~ IN \lli NI sS Ilk Hl FlIrII. the said \'iJerds Assistant Se. n•IariCS h.lse he rcun71r vah+e ohs 1 their n,lir,cs and allnnl fe Uct-A.nare Seale at the Wid hill. As r) D CuSIPANY nI MNP1tSS❑ and the (Ill uNit A+n ki NN Cltit.111 ,NII St kI IN ClratP4>1'this-. isl: Ill.... January I) l)2 Anilsl 414.1111 ANTIIIF.PU.SIT((111Piisq Ok'Z& I residrr COLON141, &%IERICAN CASUALTV AND 'RETY ( UNIP ANY {SEAL 9) l~ -Cr~ \7"'^!s4. B ~'u'~tT Alraranr S.'creran ire Prewd, V STATF (IF S1ARY_LAND I CIlY OF B1t. TWORF I SS I In Ih IN 15 t dal -t January A tl. 1992. Marc the rlih„rifxr. a ?.own I'uhh, +I the Slat: ld Slan Lvld. In and Iilr he Cus of eallinnore, duly ,n nmis,iornd and qualified. came ,he ahnse named Vice Presidems and Asss unl Seacurie, of the I mi l l ill, AND DepOS1T COMPANY OF h1AR1'LAND and the COLONIAL ASIIRICAN CASUAL fY AND SURETY COMPANY, to me per sanallc km,.n I(, be the Indrviduak and olficen deacrll+ed herein'uld who esecured the prrceding in;mrnent, and t1c) eal:h admlw IcdgaJ the ekk,ikwnn of the ,ana, and lying ny me Jul) s,snrn. eevcral!y' and each for bimwlfdcp.+wm and with, that they arc the said r+ffkcr. of the Companies ar )roaW. and thin the seal, afF acd to the preucdlns instrument are the Ca,tporale Oaf s of said Companies, and that the said Cor,.'rare St°ds and Iheir e'pnuture, as such nff,cls were Jaty Atfi\cd and suhwinbcd to the kid instrument by the autharn, and dineuron of the said C'orlwlration 1% TT.STISI"Nsl' \A HI.RI'OP. l hacc hctiunlo wl any hart l and al"I my Otlieiul C.!y7f R m' Ihu, l ,n,I athee wnncn •wvrr'. roanPuSh' CAROL J. FAUR ''sC!Yt Aly coonmVssion eapircc AuS45 L.. 1 19.92 CERTIFIC'A1 F. 1. Ihu onda,igned AwMird Selrctary ufine FiUFUfY AND Uf 1'11511 01SIPANY 01' NIAR1'I.ANO and the :'I I ONIAl- AMI IlICAN a CAS(A(.T1' A,NI) SI RETI' k'(I,NIPANY do berth, cer;irs flit Ibe original Power of Alnrrnc) of whnh the IorcOoirlg is a lull. Iru, :nJ %orrvil eapy.I,infull1.recand,Ifr,t ou IlkdaleoP Imscer'ali,ale, and I kh, tiloher ar ray Lh.a dlr I, I: Presidenl, i elf, ul' I W11.Ild 1'1'wcr Ir All mlel weft like PR" Iddul, yk', mrh auilloril b) the llimr,l al Direr: I,Ir, 41 applin1 uuy AtAin- In I-ao as rr- Jrd in Aoidc A'I, Skowli y nt II`e resp.,lne Hy law,o, the I IDI' 111 It AND 1) N NIF('rlA1PAN), ' 01 SIARYI.AND Arld Lin COI OfJLAt. Aa11 . RIL'A% CASVAI'11' ANII SL RI I1 CIISIPAN't Ili, kertlrirale may N' srenld 1-1 0,slnllk unJi r and In an4ola, II rCwlul10an rill I'IC Il0b11l of lirk,o......t III, IItM111) ANII DI 111+11 LI INIP-AN1' (II klAR1I.ANII at a nr'Can, dull c'aCed and held rn Ih,' Rrth dry Ill July. I'HN an,l oI OW Idiot rn Unahn. ,r1 Jill Lul ONl ll ASIi.RIC AN C ASL.ALl I' AND St':9I.11' CY SIPAN I' at a rncctrng July killed and Will ,in the SIh dal ,n Ilr.ra l4 r, 1a9l RI Y ILA Ft1 'l hail the ru,sI n I de or mCShamn l IN 'Oil lihl anVd sIgrl arurs of am Assistam Se, n9an of the Coospam, wller'rcr nil ad, hr I, I,, 1, r; h:Ir I I wiWrW,er apltvrine op, In a adrnIlp,1 dopy vl n+y r. wd1 4 1 vi,nuay IIWI'd by the VI nnINn), NhdII he said and haahnp urya+llic Toni pan, wr1'I I!'r siwo lone and e11,,I a, I lkwu'h and I.Ill, ~Jit i,, it IN I1 51 IS11 IN1 11 11 lit 101 1 hall ! r, miI . II,. F J m,. n,111 c and a'.'l,rd _ ,.v lu.r e, ,d rhr .,r,l I mq',rr ,gyn. yr'rl Jds 1101 cr hilit j` / 7.. I fl 168-2874--~~~~~Vh_L~itr.•,,~r Isrr rl rNl, D n O~V 1 + A0 O ~ i ~ O ~66 O I ~G}~ O ~ O 0 ~a ~ i E ~,,I i 1 i I I 'C1bJ1 i i r PROJECT NO. CONTRACT NO. 1 THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, _ FOOD LION, INC. hereafter referred to as "Owner," whose business address is 2110 UECOTIVE DRIVE, SALISBURY, NC 28144 , 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 j ordinances of the City of Denton, hereafter referred to as r "City"; and i Whereas, as a condition to the beginning of cogstruction of said bevelopment, 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, I i,ereafter referred to as "Improvements," are constructed in 1 accordance with the City's specifications, standards and ordinances; and h [select applicable provision as follows) 1-1 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 PAGE 1 Whereas, the Owner elects to make such Improvements hereafter eset forth by contracting with EROWN EXCAVATING CUVANY, INC. , whose business address is 4416 CAREY ROAD, FORT WORTH, TX 76119 , hereafter ! referred to as "Contractor"; and Whereas, Owner and Contractor recognize that th% 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 specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1550 MSTi1CRINNEY _ DENTON, Tx 76201 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 Ili 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 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 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 wlthou• 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, unauthcr- ized or condemned work or materials, or to follow any other request or order of the City Engineer or his represertative, 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 r (c) Insurance. To provide for insurance in accordance with the $insurance requirements applicable to contr ctors as provided for in Item 1,26 of Division I of the Standard 5peciEications £er Public Works Construction North Central Texas, as amended, the provisions of which are incorporated herein b expressly y reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the Citq of Denton, (d) Means and Methods of Construction, That the means and methods of construction shall be s:lch 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 Cont_ rayar, Owner and Contractor mutually agree as follows: (a) Performance Bonds- Escrow A reement. That if ~ building permits are to be issued for the development prior to i 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," , I 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 byggon the City the fr,11 andl1fal*hful submitted completiraofeethe PAGE 4 I I I I Improvements meeting the specifications of the City, shall be in favor of the City, snd shall be execuceu by a surety company ut orized to do business In the state of a Texas; cr, (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of SO 0 or determined by the CitysEngineer, 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 F„t ent. 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 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 W 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 I 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- leased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. i 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 L 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 tho 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 liens, claims, charges or encumbrances of any kind. If, after acceptancq of the Improvements, any claim, lien, charge or 1 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, ifen, 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. tion. 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 4 as sustained by any person, persons or property on account of the operations of the contractor, his ag.;nts, employees of subcontractors; or on account of any negligent act of fault of PAGE 7 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 Controlling. That the provision of this ~i agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the I construction of the Improvements. I 3. Occupancy; One Lot Developments, Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy ►ny 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 su:h occupancy and the City may take whatever action necessary to restrain such occupancy. (b) T hat 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 constricted 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 r i I i III to accept the Improvements. 5. VFnue 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. TLe terms end provisions of this contract shall be construed in accordance with the laws I and court decisions of ti:e 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, i~ day of /v619 9Z OWNER CONTRALTO BY '1t~ll/ally I;~ BY: CITY OF DE TON, TEXAS BY. , ATTEST: w 0 444wlemu APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY BY: cJ PAGE 9 4`e Excaswing Company, Inc. October 20, 1992 r EMJ Corporation 1303 Walnut Hill Lane Suite 130 Irving, Texas 75038 Attn: Mike Vltek Re: Utility Bid, Denton Food Lion, Auora b McKinney Gentlement We; propose to fur,iish the necessary labor, equipment, material and supervision to complete the following work on the above referenced project: Sanitary Sewer (Public` 1. 1 £A Build Mahole Over Existing Sewer Storm Drain (Public), 1. 89 LF Triple 18" RCP With Concrete End Treatment Total $6050.00 Respectfully Submitted, BROWN EXCAVATING CO., INC. l +',I athy iUtility Estimator 4416 Carey Raid Foil Worth, Texas 76119.42:0 P.O. Box 24404 Fort %Vorlh, Texas 76124-1404 (817) 457.7757 Metro (817} 654.0055 i ~I PROJECT NO. CONTRACT NO. 330--1=-D CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON ; KNOW ALL MEN BY THESE PRESENTS; f T h a t _ BR01vN EXCAVAI'ING_COMPANy INC. k of P_ a 2404 Fort , Texas lereinafter called "Principal" y '-'-`tth and WAS:.tNGTO`ATIONAL INSURANCE COMPANY a C ration organized under the laws of Orpo the Stale of Arizona and authorized to do business in the State of Texas, herei_ nafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation In Denton County, 'texas, hereinafter called "City", and -FEU CORPORATION 1 Suite 130 Irvin_S, ~ 303 Walnut Hill Lane, TX 1.03_`- hereinafter called "Developer", in the penal sum of Six Thousand and Fifc _ y Dollars and no/100_ aW uT mo en y o t e nite Texas cater, to a p i- 6eon00°Unty we b ind for the paymenour of ourselves helrsh sum well and truly to be made, successors, Jointly and severally,efirml b administrators and THE CONDITION OF THIS OBLIGATION is such hthstp WHEREAS, the Principal entered Into a certain contract with Developer dated as of the _29th day of October a copy Of Wfi';C-7i is attac a ere o ena ma 9e a pare "Contract") , construction of Part hereof, for Sanitary S and Storm Drain to serrve Denton Food Lion the Denton Audra 6 McKinney City O7-', Denton ounty;'~„as~ an Addition to NOW, THEREFORE, if the Principal shall well, truly and ! faithfully perform Its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof whici may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract and sha11 fully indemnify and save harmiess the City and the Developer from all costs and damages which each mate suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer a 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, stbcontractors and corporations furnishing materials for or performing labor in the prosecution o the work Drovided for in such Contract, and any authorized extension or modification thereof, then this obligation shah 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 acy such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specificati-+ns. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this t,ie loth day of November , 19 92 , PRINCIPAL BROWN EXCAVATING COMPANY, INC. J rE~ P.O. Box 24404 Fort Wore , TX 76124 ~A3dresss CONTRACTOR'S PERFORMANCE BOND/PAGE 2 I SS AS R re s 1 SLQETY WASHINGTON INT~ ITIONA; INSURANCE COMPANY BY n ct`racy ticker P• 0. Bo` 11y28 For, Worth, TX 76110 M1 f Fh 2465 Forest Park Blvd., Ft. Worth, TX 76110 tAC ress NOTE: pUER O ATTORNEY OF MUST NOT T BE PRIOR SURETY MUST BE ATTACHED. DATE OF BOND j TO DATE OF CONTRACT. CONTRACTOR'S PERFORMANCE BOND/PAGE 3 PROJECT N0. _ CONTRACT N0. 33033-203 CONTRACTOR'S PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON 4 KNOli ALL MEN BY THESE PRESENTS: That BROWN EXCAVATIN- C COMpgNy. INC, of P. p, Bcx 24404 Texas hereinafter called Fort Worth "Principal COMP rincipal" and WASHINGTON INTERNATIONAL ration organized under the laws of a corpo. and authorized the State of called " to do business - Ari Denton aona Buret in the State i , Texas, a' are held and firml °f Texas, hereinafter a Municipal Corporation bound unto the City of hereinafter called "Cityu in Denton Count , Y. Texas, Suit e CORPORATION, I3O3 Walnut 0, Irving,' TX and EMJ 75038 Walnut hill Lane and unto hereinafter called "Develop ali materials or Persons, firms and ' Perform Iabor for the corporations who ma Inafter referred building or improvem ntfurnish to in the coal here- on! no/100 sum of six Thousand and gift " Y Dollars lawful mone 6,O5O.pO Texas Y °f the United St, to Eor the payment o ates ourrsselv be ) ue bind esour paid in Denton f which sum ue11 County, successors, jointly'. heirs c and truly nd severall exe utors, administtratorsMade. THE CON Y, firmly by these and Prfn DITIO,N OF THIS presents. cipal entered into a OBLIGATION contract is such as of the 29th chat IVIIERF.AS, day of certain the October ntract ulth Developer dated 1 19 92 , (the "Contract,,), I a copy of which is attached hereto and made a part hereof, for construction of Sanitary Sewer and Storm Drain to serve Denton Food Lion, Audra b McKinney the City T Benton-` enton ounty, exas; an Addition to NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make claimants, as defined in Article S160, Revised payment to all Texas and all claimants as that term is used invArticleu5412dE Revised Civil Statutes of Texas, as recodiffed in Chapter 53, Subchapter I of the Texas Property Code, su i in lbo and 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. of alliclaimants supplyingelabordandtmaterial inrtheeprosecution of the work protection provided for in said Contract, and all such claimants shall Articles S160 Revi ed iCiivilf Satcation Article d 547drovRevised Civil Statutes, as reccdified in Chapter 53, 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 specifications accompanying the some shallrindanyewisedaffect 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 heneficlary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed it+ tripli- cate, each one of which shall be deemed an original, this the , 10th day of November 19 92 PRINCIPAL BROWN EXCAVATING COMPANY, INC. CONTRACTOR'S PAYMENT POND/PAGE 2 J I 5 AR } eY: al _e"'o ell0- -L F. 0. Box 24404 Fort Worth, TX 74124 't~FfAZrfP~L--- ress SURETY WASHINGTON INTERNATIONAL INScP,ANCE_COMPANY BY: horn y- n= 4r -Tucker P. 0. Box 11428 Fort Worth TX 76110 TE r e s s b 2465 Forest Park Blvd,, Ft. Worth, TX 76110 ~~'d3r e s s NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, CONTRACTOR'S PAYMENT BOND/PAGE 3 PROJECT N0. CONTRACT NC. 3303-2030 CONTRACTOR'S MAINTENANCE BOND J (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 4 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS; That BROWN E'XCAVATIN PA ~M dY. INC _ oE Tarrant County, Texas, hereinafter called Principal and WASHINGTQN INTERNATIONAf tue>>o~~ OMP e orporat on organize un er t o aws o t e state o Arizona and authorized to do business in the State of Texas, here na ter called ",Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City"in the penal sum of -Six_fituldrsd_FSxE---- Do21- ars a,n4 1Qp bo are, law7u mi peel. - t e n sum TrI 605. ) Len percent (10x) of the total amount aofs,thehh- ereinafsum ter pen- tioned contract, for the payment of which sum well and truly to be made wi3 bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHER,EAS, the Principal entered Into a certain contract with Contractor, dated the 29th day of October the proper performance-OT-which the~ty-o r-VenLoR, Tex s,'has en interest, a copy of which is hereto attached and made a part hereof, for the construction of- -and Storm8in to Serve Denton F d Lip -_--.nKinneyL.Dentqn, Texas CONT'RACTOR'S MAINTENANCE BOND-PAGE ONE f NOW, 5'HEREFORE, 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, inclng, but riot limited to, udi any settling, breaking, .racking or other defective condition of any of the work or nA- from improper excavation, backfillin t thereof arising g, coac cause or condition, known or unknown, at panting or driny other ime period of this bond, which the city engineer, twhoseujudgmenht shall be final and conclusive, determines to be the result of defective work, materiels 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 Principal and Surety or this obligation. It is further agreed that this obligation shall be continued one against the principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be 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 10th day of November 19 92 PRINCIPAL SURETY ~ BROWN EXCAVATING COMPANY, WASHINGTON INTERNATIQNAL 11i;.~Rf.~CC COMPANY BY:t~1LLL~,~/r~ _ BY: F A~ Tracy Tucker CONTRACTOR'S KAINTENANCE BOND-PAGE TWO { { 1 NOTu: POWER OF ATTOPNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. J F ArTEST: S k1':TARf F COPJrkA(:'COR';; MAINTENANCF, BOND-PAGE :IIREE -T Caner at WASHINGTON INTERNA110NAL INSURANCE COMPANY POWER Of ATTORNEY KNOW Alt MEN BY TNESE PRESENTtt That the Washington Inttrn:tional Insurance Company,e corporation orgenlzed and existing under the laws of the State of Arizona, and having Its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint • • TRACY TUCKER AND DELBERI TUCKER its true and lawful attorney(s)•in•fect to execute, seal and deliver for and on its behalf so surety, any and all bonds and trdertskinga, recognisances, contracts of Indemnity aril other writings obligatory in the nature thereof, which are or ray be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said Washington international Insurance Company is fully and amply, to all Intents and purposes, as If the acme has been duly executed and acknowledged by its President at Its principal office. This Power of Attorney shall be limited in amount to S2,00,000.00 for any single obligation. this Power of Attorney Is Issred purausnt to authority granted by the resolutions of the Board of Dlr,ctors adopted March 22, 1914, July 3, 1980 and October 21, 1986 which read, in pert, as followst 1. The President may designate Attorneys- in•Fact, and authorize then to execute on behalf of the Company, mnd attach the Seat of the Company thereto, bonds, and udertakfngs, recognizances, contracts of indemnity and other writings obligatory In the nature thereof, and to appoint Special Atterneyt•in-fact, who are hereby authorized tc certify to copies of any power•of•attorney Issued in pursuant to this section and/or any of the Sy-Lows of she Company, and to remove, at any time, any such Attorney in-fact or Special Attorney- in-fact and revoke the authority given him." 2. The signatures of the Chalrmen of the Board, the President, Vice President, Assistant secretary, lreasurer and Secretary, and the corporate seal of the Cony, way be affixed to any Power of Attorney, certificate, bond or undertaking rot0ling thereto, by facsimile. Any such Power of Attorney, certificate bard or undertaking bearing such facsimile signature or facslmlle seal affixed In the ordinary course of business ahall be valid and binding upon the company. IN TESTIMONY WNERB~ i~ International Insurance Company has caused this Instrument to be signed and i.s corporate seaftb~: ~YrffjAa~„/•.jf'~athorited offl this 7th day of October, 1992. AI INS E COMPANY Y dCORPORATE Z+j WAS G INTEA XJ~ k ~Y SEAS. ,~ti✓/~ I4,yay~G'., AR DNA : ~41 ftev n ArYon, vice President j STATE OF ILL1NOly/•'~""'~~•~ vi tauNtr or toe( )t`~~`~.•• On this 1th day of October, 1992, before ee came the individual who executed the preceding Instrument, to e+ personally known, and, being by me duty sworn, said that he it the therein described and outhorlted olficer of the Washington international Insurance Company; that the seat affixed to sold instrument Is the Corporate Seal of sold Comp"; EN TESTIMONY WHEREOP, 1 have hereunto set hand and affixed any Official Seal, the day and year first above written. "OFFICIAL SEAL" CHRJSiINE ZME7SKY litine 22aretsky, Not ry Pub Notary Pwb6t, still al Illinois (y My Commission Exp rag tuber 1996 ' Mf (felm, usA 110;res 10.7*0TIr ICAIE STALE OF 1Ll Nt Ols )~~"M"""'^"• COUNTY OF COOK ) 1, the undersigned, Secretary of 1WA5Ni NDTCN INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full forte and hog not been revcked, and furtherrrre that Article III, Sectlon S of the Sy-lows of the Corporation, and the Reaolutlcn of the $card of Oirectors, set forth in the Power of Attorney, are force. Signed and sealed In the County of Cook. Oat" t Othdo, Nov t 19 92 . Lew s M. Motile, Secretory CCC IOQQOOOGC o ~ Ca ~paC2~Or~ 0 OOO ~ ~ JOB O ~ s Q _ g ooo~DO ro r o t }'QQ~ - G>pp H, t p0 ~ OQ~000000~ I 1 4Li/J1 PROJECT NO. CONTRACT NO. .1e2 THE STATE OF TEXAS S COUNIY OF DENTON DEVELOPMENT CONTRACT S Whereas, Mr,.! Mrs. Alan Goldfield hereafter referred to as "Owner," whose business address is _ 3101 Carmel Street; Denton, Texas 76205 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 applicablel; ordinances of the City of Denton, hereafter referred to ass. ".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) IXNxxxx I 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" or "Contractor" shall mean the Owner as named above; or PAGE 1 r f I ICI Whereas, the owner elects to rsake such Improvements hereafter set forth by contracting with _ whose business address is 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 accordance with the City's specifications and that payment is made therefor; I WITNESSETH As to the Improvements to be dedicated to the publics as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at the wast end or Southmont Drive in Southmont Subdivision, the Owner, Contractor and Cityi in consideration of their mutual promisos and covenants contained herein, agree as followst 1. Covenants of Contractor. Contractor agrees as follows: i (a) Specifications. To construct and install the ' Improvements In accordance with the procedures, specifEcations 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 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 Enginters 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 Interpretation of specifications. The Contractor shall furnish the City Engineer orj his representative with every reasonable facility for ascer-1 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 he ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for 1A3pection, 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 1 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 (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 V incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton, (c) 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 doe{f 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 Contractor mutually agree as follows; '(a) Performance Bonds; Escrow Agreement. That if building permits are to be issued for the uevelopment prior to r 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: (1) 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 therCI,Y9 shall ee be ing the specifications of shall sh in favor of the City, and authori be toe uted by a surety company Texas; or, business in the State of (ii) at th if the cost of completing the Improvements, the time building permits are requested, is in an amount of $50 by the 000 or less determined the amount , as 1 City Engineer, cash money, Improvements necessary to complete the Engineer ' as determined by the City escrow ' maY be deposited with a bank as agent, agreement pursuant to an escrow in-iring completion of the escrroiweareement Without exception, e be ion, the. Cityls g used, (b) Pa ment Bond: Assurance of Pa ment, That prior to acceptance of the Improvements: (i) a payment bond will be furnished in dn, amount not less than one (1001) of the approximate total cost percent .i contract cost of the Improvements thee. ranee- Ing the ful and proper protections of tall claimants su Y g labor and material for the construction, of be in favor of the he Improvements, shall executed City, and shall be executed dbio do approved surety compan T authoriz exas; or, business in the state of (1!) if the total Improvements Is contract amount of. all determined by the $Cit000 or ,less,' as Improvements, regardless of inset, or the amount, are for a " lot develo entt ~ract defined by Cit one y's Develo m en Payment bond has not ben t Codem, and as a.cordance with (i) above submitted in Contractor agree and guarantee thatnen and all debts y and c.Irporation having1efurnanrson, firm or or both in ishedelabor, material mproe I btgents shall construction of the satisfied before be fully paid and actance Improvements by the Citceand t of the acdeptance c£ the Improvementshat prior to Contractor esall furnish the Owner affidavit, in a firm provided a written by the City PACE S 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- leased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. i That, upon the request of the City Engineer, Owner or Contractor shall furnish "a complete list of all subcontractors who performed labor oni or supplied material for, the construct on 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 samet~ 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 II Contractor the retainage, only after Contractor has furnished 1 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 u:,ed 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 PAGE 6 I i 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' r affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien char g 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, t+ in the amount of ton 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 cor,psny 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 I I i I the Contractor, his agents, employees or subcontractors in . construction of the improvements; and shall pay any judgment, with costs, which may be obtained sgainst the City growing out of such injury or damage. 1 (g) Agreement Controlling. That the vrovision of this I r 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 Cot Developments. Owner further agrees as follows: (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 actiun 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 p0lic, 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. Covenants of City. That, upon proper completion of the Improvements in accordance with tnis agreement, the City agrees PAGE b I to accept the Improvements. i S4 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 constried 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. r!o ~ I Executed in triplicate this, day of r OWNER CONTRACTOR BY: BY: NOT APPLICA6LE 1 CITY OF DE TON, TEXAS B ll!1 ATTEST: JrITE G~'Y:RE1AkY ApFn)VED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, City ATTORNEY BY: PAGE 9 EXHIBIT A i to the DEVELOPh1ENT CONTRACT CUL-DE-SAC PAVING PROJECT A. GOLDFIELD ADO'N. DENTW, TEXAS This Exhibit itemizes the cost estimate for public improvements at the Goldfield Add,n. It has been prepared by Brian Burke, P.E., the design engineer for the new Cul-de-sac paving project. NOR( 119W L) ESTIMATED COST 1. Fire Hydrant and Water Meter Relocation $3,000 2. Paving per Plans and Specifi. cations 24,000 , 3. Engineering 2 000 4. Surveying 2,000 Subtotal = $31,000 5. Miscellaneous & Contingencies 0 15+6 41650 ESTIMATED TOTAL a $35,650 * Refer to the attached BID TABULATICN for this project. End of EXHIBIT A. , r' / CUL-DE-SAC PAVING PROJECT A. GOLDFIELD AWN. DENTCN, TEXAS BID TABULATION for Proposals Submitted on 16 April 1992 Contractor Lmtrv agm Price Calendar Days 1. American Paving and Striping $22,976.00 45 Proposed daily reduction in Lurp Sun Price for delays = $200.. Declared exclusions, exemptions, etc.: None. The proposal appears to be complete and responsive. 2. Jagoo Public Co. $230900.00 14 Proposed daily reduction to Lump Sun Price for delays = (zero). Declared exclusions, exorptions, etc.: None. The proposal appears to be complete and responsive. End of Bid Tabulat,,on. . 1233L PROJECT NO. CONTRACT N0. ` THE STATE OF TEXAS COUNTY OF DENTON 4 ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND (Development Contract-Improvements of $501000 or LEss) WHEREAS, Mr, dlrs A172 Goldfield referred to hereafter as 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 City of Denton, Texas, hereafter referred to as "Cityexecuted a development contract to insure that any and all streets, water are nd sewer to be lines, drainage facilities or other improvements which dedicated to "Improvements" the public hereafter referred to as , are constructed and completed in accordance with tie specifications,,stan~ards and ordinances of the City; and WHEREAS, Owner wishes co receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WHEAUS, in order to receive such building may, where the cost to complete the permits Owner , Improvements is $50,000 or leaa, in lieu of posting a performance bond with a bank as t escrow cash money escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; NOW, THEREFORE, OWNER, City and hereafter n agree as follows: called Escrow pgent", , Anount, owner, as a condition wits for property to receiving building per- t' located at Lot 1 Block A Gol the City of Denton, Texas) dfield Add'n, (to sum of Thirty-five thousand six-hundred fifty d no/100 dollars deposit the 35,650,00 in cash money, with Escrow Agents in an amount, as determined b said sum being by the City, necessary to insure completion of all Improvements which are to be dedicated to the t Public; said Improvements being more particularly described in that certain development, contract dated the ry' 19 ~ day of A~~sbetween the City, Owner and Owner's Contractor, to which reference is made herein. 2, Notice of Deuosit, No building permits shall be issued by city for the property herein described until Escrow Agent notifies City, in writing, that cash mone specified hareia money, in the amount has been deposited in an escrow accoun ' Escrow Agent, t with 3. Relssse of Funds, Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writings A0 release such funds as provided for herein as follows: (a) the City engineer shall authorize the ralesse all the escrowed funds when all Improvemerts are PACE 2 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 specified sums of the escrowed release of Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so Iong as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but re required, to be completed and accepted or approved by the City. 3.. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address tf the parties hereto, as follows: ! CITY: City Engineer 215 East McKinney Denton, Texas 16201 OWNER: Mr. d Mrs, Alan Goldfield 3101 Carmel Street (OentoJ 76eQ5) ESCRON AGENT; First ate Bank ?!1 S. Locust nenton lexa 01 4. Fees. Owner' agrees to ' pay any and all fees or costs charged b Escrow Agent in connection with this Agreement. 5. NoeYiabilii• of Escrow A enc. Tho Escrow Agent shall have no responsibility except for the safekoeping and delivery , of the amounts deposited/'in the Escrow Account is 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 PAGE 3 i f I if I f i J connection -With the amounts deposited, in the Escrow Account i 1 except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement I arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the of the Escrow Agent hereunder or the righLa of the part estito this agreement the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, , and the Escrow Agent has the absolute right at its discretion to do either or both of t,he following; I (a) withhold and/or stop all further performance under this agreement until the E„crov Ageoc is satisfied, by receipt of a written document in form and executeda and tbindingry upoto the Escrow n all interestedgent and hereto (who may include the subscribers) parties question, dispute, or disagreement 'hashat the resolved, or. been (b) file a suit in interpleader and obtain by final judgment rendered by a court of competesit juris- diction, an order binding all parties interested in the austter, 6, 5uaraaaora and Assigns, This agreement shall be binding upon the .ucceaaors and'aasigne of the parties hereto, 7. Venue, The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 r- I IN WITN$SS WHEREOF, the said city, Owner, and Escrow Agent have signed this instrument this day of A~l 19 ~ CITY OF DENTON OWNER BY: ESCROW AGENT / BY: ESCROW AGENT: F1rs State Bank I PAGE S I i Gj~,, . ~ ° E<<On 0 e b f t 21931, PROJECT NO. J'V-06 CONTRACT NO. 5~L THE STATE OF TEXAS ; DEVELOPMENT CONTRAC T COUNTY Of OENTON 9 Whereas, hereafter referred to aso"Owner," whose business address is 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-i 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 in.ure 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 ( 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 abovo, or PAGE 1 I1 Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with ~ • , whose business address is aa~ AVAgOd' el SIN 7V ?j4 hereafter referred to a "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 made therefor; WITNESSETN 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 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 It and III of the City's 1 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 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 Engineor; 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 interpretation of specifications. The Contractor shall furnish the City Engineer or. his representative with every reasonable facility for aster 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 inspectl,as 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 (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 and methods of construction shall be such as Contractor may choose; subject, however, to the City': right to reject any Improvements for which the means or method of construction doesi 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 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 e.nat 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 I III 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, I is in an amount of $50,000 or less, as Y 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 ant 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 $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 (1) 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 shill furnish a written affidavit, in a form provided by the City PE.CS 5 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- 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 i 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. (G) 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 thed 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 f 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 7 liens, claims, charges or encumbrances oc 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 eacumbrance, (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) Indeunification. 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 su5conteactors; or on account of any negligent act of fault of PAGE 7 the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall an pay any judgment, ~ 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 construction of the Improvements, 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow aay purchasers, lessee, or other person to occupy any building within the developments 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 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 I to sccept the Improvements. 5. Venue and Governi',ig Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and I 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 i and court dectsilns of the State of Texas. b. Successor and Assigns. This contract shall be binding upon and inure to the benefit of t,.i parties hereto, their respective successors and assigns. Executed in triplicate this, day of / / 19 OWNER l CONTRACTOR / Ltc"4-- BY: BY: Owe CIYOFDEN ON, TEXAS BY j/ ATTEST: 7EN APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 I f . WAYNE AttEN C OMIT,., iMi pRl'„u .IIG May 13. 1992 Dick Hansen 4640 Allencrest Lane i Dallas, Tx 75244 i RE: NAPA AUTO PARTS STOPE j Dear Mr. Hansen I We are Pleased to offer a quote for the following: i - 4 x 87 Concrete Sidewalk to meet Clt,, f speclflcatlons. FOR THE SUM OF 9 522.00 We look forward to working with you on your project. Accepted Accepted L _ ♦ mac. ' Wayne /Allen - President genmej Corporation Wayne Allen Construction Co., Inc. Date Date NOTE : Amount of this proposal is already Included In our Contract dated April 09, 1992. A.• i I 1233L PROJECT' NO. CONTRACT NO. THE STATE OF TEXAS 9 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON § OF PERFORMANCE BOND (Development Contract-Improvements ' of $50,000 or Less) WHEREAS, !kR H//" hereafter i referred to as "Owner", has undertaken to develop property I within the City of Denton, Texas, or its extraterritorial i jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that 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 Improluwats by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 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 NUW, THEREFORE, OWN6d, City and w 2v1Aa r hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at r ~s eve shall deposit the sum of ( 51200 in cash money, witn Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the say of 194; 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 Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow A8 , 3. Re 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 authorize the release all the escrowed funds when all Improvements are PAGE 2 t c provisions ompleted and approved in accordance with determination of of t which shall be development made contract; athe 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 sodlongrasether reaccepted by maining funds the City treleased stages, 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 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: llae en/ ESCROW AGENT: _ 4. Fees. Owner agrees to pay any and all fees or costs charged b Escrow Agent in connection with this Agreement. 5. Not~ility 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 th'.a agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in PAGE connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If ;iny question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the t, question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of tr.e 'following: i (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final Judgment render;d by a court of competent Juris- d Oft iction, an order binding all parties interested in Natter. b. S wre and Aesi ns. This agreement shall be binding J upon the succefsors and assigns of the parties hereto, 11 7. Venue. The parties hereto agree that if any legal action I is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 I I IN WITN$SS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of _ r 14 I CITY OF DENTOtr OWNER i BY; tfG.r MrJEaI BY: ~ /rENMEL- ~°creP ESCROW AGENT { { BY. k _ +r" PAGE 5 i i oooFaol 0 O ` sa a O V O Q °oo m f ~O~aacooaooo~°o I i I I lil PROJECT NO. CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON / S Whereas, b0l, '~✓/~1 hereafter referred to as "Owner," whose business address is PC 't I I 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 I develo+raent must be performed in accordance with the applicable i j 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 Owner as named above; or PAGE 1 1 1 1 Whereas l the Owner elects to make such Improvements hereafter Beset forth by contracting with , whose business address is referred to as hereafter Contractor"; and Whereas, Owner and Contractor recognize an interest in ~ that the City has insuring that the Improvements subject to this agreement, which will upon completion and acceptance by the City, become public property, are properly constructed accordance with in the City's specifications and that payment is f made therefor; WITNESSE'M As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and i ~h y I reference, to be Installed and incorporated b constructed at `"`T`'' 1 c s t zc the Owner, Contractor and Cit ' Y, in consideration of their mutual promises and covenants contained herein, agree as follows: 1• Covenants of Contractor, Contractor agrees as follows: I (a) Specifications. To construct Improvements in accordance with and install the ' and standard contained the procedures, specifications I in Division II and III of , Standard S ecifications for the City s Public Works Construction North i Central Texas, as amended and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 5 such Improvements, such specifications, standards, regulations and ordin#n;es being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of Clt En sneer Ins ections 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 j acceptability of materials furnished, work 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. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthor- lxed or condemner 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 Cc) _ Insurance, To provide for insurance in accordance i with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Stara ~ 5 ecifications 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, "Owners' as used thrrein, shall h mean the City of Denton, (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may I choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in tha judgment of the City Engineer, assure that t Improvements were constructed he in accordance with city j specifications, 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds Escrow A ree.aent. 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, UAIess the development is a "one lot develo ment," as defined by City's Development Code: a performance bond in a than the amount necessary amount not less Improvements, as determined o complete the by Engineer, shall be submitted uaranteeing the full and faithful completion of the 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, if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $SO,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 al claimants supplying 1 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 a uthorized to do business In the State of Texas; or, (11) if the total contract amount of all Imptovements 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 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 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 aid in full P and that there are no unre- ~ leased recorded liens filed agr.inst the improvements, or land to whit); 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 h 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) Retsina e• Final g 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 rttain 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, j materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise i 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 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 aF_ixed, 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 ::om 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 Savo 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 i the Contractor, his agents, employees or subcontractors in constractIOn 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) ~reement Controlling, That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor construction of the Improvements, as to the 3. ,Occuoancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any buildin until all Improvements are g within the development completed and accepted by the City, and that upon violption thereof will pay the City $3000.00 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 tot 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 two the shag! not be issued a Certificate of occupancy ublic, the Owner p constructed for any building or located therein until all required public improvements have been completed and accepted in accordance ' with this contract. 4. Covenants of Cit That, upon proper completion of the Improvements in accordance with this agreement, the City agrees , PAGE 8 j 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 v.jnue 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 tine State of Texas. 6. Successor aad 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 A',) ~ lge" OWNER CONTRACTOR BY: BY: CITY OF DENT N, TEXAS 7 B ATTEST: (IM 12wi' 7CRY APPROVED AS TO LEGAL FORM: ' DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY B Y' 04 PAGE 9 "JJL PROJECT NO. CONT i-" THE STATE OF AACT NO. TEXAS g CUUlPTY OF DENTON 9 ESCROW AGREEMENT IN LIEU (Devalopmenr Coil MANCE BOND Of ~5O,O4Oroct-Improvements WHEREAS, r Less) referred to as "Owner", ' hereafter has under within the taken to develop Jurisdi City of Denton► Texas, or Property ction; and its extratirritorial WHEREAS, Owner has ► pursuant Of Denton, Texas to the ordinances of , development hereafter referred to 11the city contract to Insure as Citylt, executed a and sewer lines that any and al , drainage facilities l or streFts water to be dedicated to Other improvements which "Improvements" , hereafter are constructed referred to the specifications and completed in as standards and accordance with WHEREAg ordinances of ' Owner wishes to receive building the City; and prcpart the Y prior to the completion permits for said Improvemen and aP rov Il is by the City; P al or accePto and nce of WHEREAS► in order to mays where the receive such building cost Co complete g permits Owner less, in lieu of the Improvements is $50,000 or with posting a performance a bank as escrow @ bond, escrow agent in cash money amount necessary nos to insure completion of said Im rove a than the P emerta; i NUW, THEREFORE, OWNER, City and , Th l7' l ~0 agree as follows: hereafter called "Escrow Agent", I. Amount. Owner, as a condition to receiving building per- wits for property located at ?G S shall deposit the sum of ! ~t~r L P /YiiN qi'(' ~ ~:ld lC„ n S (a in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the I public; said Improvements being more particularly described in that certain development contract dated the tid [n/~ ~3 C% day of ` 19~, between the City, Owner and Owner Contractor, to whicli reference is made herein. 's 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in iriting, 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 authorize the release 1 all the escrowed funds when all Improvements are PACE 2 1 PCompleted rovisions nfd t approved in accordance with determination of which shall men tmade nbract; the Engineer whose judgment shall be bindin the City parties hereto. g on all (b) The City Engineer, may, but is not required to, specified, sumpser gdically, the release of Owner if the escrowed funds to and r approved # andorsacthe Improvements are completthe ed so Iongg as the remFinin by the City in stages su~:ficient to complete t heunconst not construction released 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 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: 61le . t~- s ESCROW AGENT: _ _~T Sl h ~i,JY t~ Tr r r 4. Feu . Owner agrees to pay any and all fees or costs charged bT the Escrow Agent in connection with this Agreement, 5. Noaltabilit of Escrow A ent. The Escrow Agent shall have no responsibility except for the safekeeping Of the amounts deposited in and delivery 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 PAGE 3 i connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds de Account, the Posited in the Escrow proper interpretation of this agreement, the dues of the Escrow Agent hereunder or the rights of the partiestito this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settkeds and the Escrow Agent has the absolute right at its discretion to do either or both of the following; (a) withhold and/or sto this agreement until the all further performance under by receipt of a Escrow Agent is satisfied, substance satisfactor itten document in form and executed and bindin y t to o the Escrow Agent and hereto (who may g upon all interested parties question, disputeclude the subscribers), that the resolved; or P ' or disagreement has been (b) file a suit in interpleader and obtain Judgmeionnt rendered by a court of competency final dict, to order binding all parties Interestediin the mat tor. 6. Successors and Asst na. This agreement shall be binding upon the Successors and assigns of the parties hereto. 7. Venu¢, ' The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton Countys Texas. PAGE 4 ti IN ~ITNtSs WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of 19 lam' jam, i CITY OF DENTON OWNER BY: BY: l 6/ ESCROW AGENT BY: vp~'-' -Sw` I , 1 PAGE 5 m!raaalca:~:s~►.ru•~aa:s~l3r~~~~~.~~r~~r~!rsx~Er:a~ ~:ra!I~a~~w 10 4 8 6 6 THIS CERTIFIES THAT TkTa Zndn TYPE OF CERTIFICATE 90 dayfi - ss a 442-38-2058 ADDRESS 515 S. Carroll Ste B Denton, TX 76201 HASDCPMPTtD WITH FIRST STATE BANK rlransiaTe°ltji,I1, 'idki,j;: $1.1200.00 Iwe..u u»r MOW* D0tAk5 -7 1 Issue Date hLturlty Cate Dayti Mns ht. Rate Y,L Payable Deposit ht. to Acct. 1 Mail ht. Ck. Sp;, Inst. rv k, 11-30-92 02-28-93 90 da 2.85 at mat. X T Pr 10 yryW ~}~I[ iM YI,~L mrtvlrcnAnr, {~j®~' ~~J?y~ M r 1(JN~i~N~A1yu.~rC 1 ~I(~.1AT _ O ndF16r[IfST1[/~~O ~V7(A TN M~II,IIIII (MTL w-1.~wr, I rl-h~,b wd ddewyiwl, 11,ry1) p r :"iw{/,~~ M.Yn fh1 A11RbMfVlm 1M CRAI[IIr■1,V V,11V1>Y61lpna R/ '~Atiw Do not re 7et`C1 ^r ~1~ HRiilOUlKtR lease WlttlOllt ,4:G1+ ~ tanau aav~.tt ar grout . fMR City of Denton 1 ' I I Y I EXHIBIT 'A' 270' of 4' sidewalk to City of Denton specificatio.ls $1,200.00 c J rry C rk, ,E. Cv~.± ~ P o rC r:~ , ro O Q a 0 ooh p r ° v t ` D00~ p~~1CQ06000~ 21931 PROJECT NO. CONTRACT NO. THE )TArE OF TEXAS S DEVELOPMENT CONTRACT COUN7t OF DENTON S 1 Whereas, Don Johnson hereafter referred to as "Owner," whose business address is P.O. Box 50009 Denton, 2lxas 76206 , 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 porforoed 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 followsl I I 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 PAGE 1 i 1\'x,7 T Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Mason-Harrison-7arrardZnteiprises, J d/b/a sonic whose business address is 1 P.O. Box 22775 Oklahcau City, OK 7312301775 , hereafter 4 referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this ICE 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; WITNHSSETH 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 Lot 1, Block 1, Sonic Addition, an Addition to thou City of Denton, nxas being further described in Exhibit "A" 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 to accordance with the procedures, specifications and standard contained in Division Il 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 h I I i I 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 r 4 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 interpretation of specifications. The Contractor shall furnish the City Engineer or, his representative with every reasonable facility for aster 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, reiecte-1, 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 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in It-m 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 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 doe31 not, in tho 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 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 "gone lot development," as defined by City's Development Code: (1) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined bygg tLe C.lty theinfuli andllfaithfulbmcoopletionraofeethe PACE 4 I Improvements meeting the specifications of the Clty, 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, (li) 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 lmprovements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of they 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 uthoriozed to do business in the State of a Texas; r, (it) if the total contract amount of all Improvements is $509000 or less, as determined by the City Engineer, or the amount, ares,forr aga' oneslotodevelopment," 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 persor, fi: corporation having furnished labo., .pt or both in the construction of tno Improvements shall be fully paid and satisfied before acceptance by the City and that prior tthe acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City PAGE S . 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- 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, j 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 they 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 I satisfied. l (d) Encumbrances. That upon completion and approval 1 or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all I { 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, li•a, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of tho 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 contrtct 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, th* City, its officers, agents and employees from all I 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 PACE 7 I 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 Controlling. That the provision of this r f agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. i Occupancy; One Lot Qavelooments. Owner further agrees as follows: (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 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 tot 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 r R 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 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, day of i 19 OWNER CONTRACTOR BY: BY: CITY OF ENT N, TEXAS F B, ATTEST: e APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. 0. PAGE 9 4 F i C Hammett & Nash Inc 6AAY HAMM I I R[GlST[RL D PPOFLS&O 31tlNA1. P.O. 80X 1552 • DENTON, TEXAS 76202 LAND suev[ron (817) 3870506 (817) 5665427 TA 01446 FAX (817) $65.0436 'N. S. NASH R[OIST[1110 POMF[SS*NAL LAND SURV[YOR TA 01 SOS ' LA SJS1S R[DIST[R[D PROr[[SONAL VOL SNOIN[[R I TR 014311 AM 01443 LA 040141 MS SJSN April 30, 1992 k CITY OF DENTON 215 E. McKinney Denton, Texas 76201 RE: Lot I, Block 1 Sonic Addition, an addition to the City of Denton, Texas Dear Sirsi We estimate the cost of installation of one 4' wide sidewalk, 1281 long to be around $1,000.00 Please feel free to contact me if you have any questions. I Sincerely,-- / AA'MMETT & NASH, INC. W. S. Nash l , I I i 1233L PROJECT N0, CONTRACT NO. _ THE STATE OF TEXAS 9 COUNTY OF DENTON 9 ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, Donald W. Johnson hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City'', executed a development contract to insure that 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 Improlikwats by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting a performance boud, escrow cash money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; NI NO'W0 'rHEAEFORE, 0WNER9 City and Texas Bank by W. Clay Jonus , hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- ~j mite for property located at Lot 1, Block 1, Sonic Addition, an !I Addition to the City of Denton, Texas shall deposit the sum of One thousand dollars and no/100 1,000.00 _ in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all improvements whicit are to be dedicated to the public; said Improvements being more particularly described in i that certain development contract dated the 30th day of f April , 19 92 , 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 Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Ag 3. Re 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 authorize the release all the escrowed funds when all Improvements are PAGE 2 M completed and approved in accordance with provisions of the development contract; the determination of which :hall be nade by the City Engineer whose judgment ;hall L)e 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, so long as the remaining funds not released are sufficient to complete the construction of the I 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 seat or given under this agreement shall be sent to the address of the parties hereto, as follows: t CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: Donald W. Johnson P.O. Box 50009 Denton, Tx. 76206 ESCROW AGENT: Texas Bank by W. Clay Jones P.O. Box 1977, Denton, Tx. 76202 4. Fees. Owner agrees to pay any and all fees or costs charged b 'Escrow Agent in connection with this Agreement. 5. Niability 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 PAGE 3 connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and subatance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent Juris- dLFtioo, an order binding all parties interested in >liiterm 6. 3 rs and Assi na. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action I is nocessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this i day of I9 i CITY OF DENTON OWNER BY: B Y( ESCROW AGENT BY 4 < Texas Bank lay Jones • I 1 PAGE 5 i CC 0 m~ 00004 ` f poO L s d O O b 0 ODOO~_ O ~-~L!°°ooaaaooo~~oo I j i I I I 21931 I I PROJECT NO. fa CONTRACT NO, THE STATE OF TEXAS S ' COUNTY OF DENTON DEVELOPMENT CONTRACT S Whereas, L s I +i hereafter referred to a "Owner," whose business address is 310- e, 7. 2 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 ordinances of the City of Denton, hereafter referred to as "City"; and 1 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) I 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 PAGE 1 Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with --T J~ oC -A. /'c. whose buness address is r, In 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 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 ~C ,Or 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)eciEications. 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 Constrvction, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 sucn Improvements, such specifications, standards, regulations and ordinance- being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority cf City Engineer; Inspections, Tests and Orders. That all work on the Improvements shall be performed r 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 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 appiicablP 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 t«e 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 III 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 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 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 roaa; (i) a perfc.mance bona 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 a 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 shalt 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 surety company authorized to do business in the State of 'rexas; 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 Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shalt furnish a written affidavit, in a form provided by the City PAGE 5 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- leased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. 1 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) Aetainage; 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 i 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) Encumi b_ rances, 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 i I 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 1 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 I satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor I 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 ind 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 i 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 1 I subcontractors; or on account of any negligent act of fault of i PAGE 7 ~I 1 I 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 Controlling. That the provision of this agreement shall control over any conflicting provision of any i contract between the Owner and Contractor as to the construction of the Improvements. 3. Occup_ ar_ icy;_ ne Lot Developments. Owner further agrees as follows; (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 developmentas 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 i 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. 7 Executed in triplicate this, ,16 day of C Z/Z x 011 OWNER CONTRACTOR .'T ~c~ BY: BY: 1 CITY OF DENTON, TEXAS Y: A TEST: l j CI-IT ~SECK ETARY Z'~f , APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. BOND NO. 241403 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we JAGOE-PUBLIC COMPANY as Principal , and the SEABOARD SURETY COMPANY, a New York corporati m, havins its principal office and place of business at City of New York, New York, as Surety, are held and firmly bound unto LODGE CONSTRUCTION COMPANY 15303 Dallas Parkway, Suite 1310, Dallas, Texas 75248 , as Obligee, in the sum of ---Four Hundred Seventy-Two Thousand, Five Hundred Sixty Nine and 60/100 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, adminis- trators successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 25th day of June , 18 92 WHEREAS, the above bounden Jagoe-Public Company has entered into a contract with Obligee for Construction of Water, Sanitary Sewer and Drainage Improvements to serve the Estates of Forrestridge, Section I in the J1 City of Denton, Texas I as is fully and at large set forth and described in the said contract aforesaid. NOW, THEREFORE, the condition of the above obligation is such, that If the above bounden Principal shall well and truly and in good, sufiiclent and workmanlike manner, perfurm or cause to be performed the said contract, and each and every of the covenants, promises, agreements and provisions therein stipulated, and in each and every respect comply with the conditions there- In contained, then this obligation to bm votd; otherwise to remain in full force and virtue. No claim, suit or action by reason of any default shall be brought against the Principal or Surety after two years from date hereof. If this limitation Is made vold by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. The Principal shall be made a party to any suit or ac. tion, and be served with process commencing the same if the Principal can with reasonable dili- Bence be found. No judgment shall be rendered against the Surety in excess of the penalty of this Instrument. JAGOE-PUl 4c CGMPAfiY i SEABOARD SURETY COMPANY room elf% BY_. Rosemary Weave , Attorney-in-Fact E SEABOARD SURETY COMPANY HOME OFFICE; NEW YORK, N. Y. DUAL OBLIGEE RIDER 4140,, TO PERFORMANCE BOND BOND Number WHEREAS, on or about the 39th day of May '19 92 , Jagoe-Public Company as Contractor, entered Into s v.ritten agreement with Lodge Construction Company as Owner, for the construction of Water, Sanitary Sewer and Drainage Improvements to serve the Estates of Forrestridge, Section I in the City of Denton, Texas 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 r { WHEREAS, the Owner has requested that i 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 atid the Surety to join with the Owner in the execution and delivery of this Rider and the Contractor and Suret+ 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 to 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 obliSatlons to the Contractor be performed; provided, however, that the aggreti-ate liability of the Surety under said Bond, to the Owner and the Co-obligee, as their interests mry appear, is limited to the penal sum of the Bond snd provided, further, that the Surety may, at its option, make any payments under said Bond jointly to the Owner and the Co-obligee; end further provided there shall 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, S. Except as herein modified, said Bond shall be and remain In full force and effect, SIGNED, SEALED AND DATED this 25th day of June , 19 92 LODGE ~COHST TI0J3..~ iOMP~I~i.X........-. h, O N FE JAOOE- UBLI MPANY 1 COh7RAC OR 2 ,r SEABOARD SURETY COMPANY r ~/ver * 0V ~ II.,.I.A- By ea .I .......,irrYI.K.~ `T RosemaY WW, 1 roewr eo: SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: SEDMINSTER, NEW JERSEY STATUTORY PAYMENT BOND - TEXAS (Private Work) BOND NO. 241403 KNOW ALL MEN BY THESE PRESENTS' THAT _ JAGOE-PUBLIC COMPANY Original Contractor (hereinafter catled the Principal), as Principal, and Seaboard Surety Company, a corporation organized and existing under the laws of the State of New York, and authorized to do business in the State of Texas, with its pi incipal office In the City of New York, New York (hereinafter called the Surety), as Surety, are held and firmly bound unto _ Lodge Construction Comoanv (hereinafter called the Owner), In the amount of Four Hundred Seventy-Twg Thousands Five Hundred✓S1xty Nine and601100------------ --DOLLARS 472,569,60 ) (here Insert an amount equal to total contract) for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered Into a certain written contract with the Owner, dated the 19th day of pay _,19 92 to Construct Water. Sanitary Sewer and Drainage Improvements to serve the Estates of Forrestridge. Sect which contract Is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT IF THE SAID PRINCIPAL shall promptly pay claimants lot all labor, subcontracts materials and specially fabricated materials performed or furnished under or by virtue of said contract and normel and usual extras thereto (not to exceed 15% of a said contract price), then this obligation shall be void, otherwise to remain In full force and effect; labor, subcontracts, materials and specially fabricated materials shall be construed In accordance with Section 53.001 of the Property Code, added by the Acts of the Regular Session of the 68th Legislature, 1198a PROVIDED, HOWEVER, that the Owner having required the said Principal to furnish this bond In order to comply with the provisions of Sections 61201 st seg of the Properly Code, added by Acts of the Regular Session of the 681h Leglslature,1983, all rights and remedies on this bond shall Inure solely to such claimants and shall be determined in accordance with the provisions, conditions and limitations of said Real Property Code to the same extent as If they were copied at length heroin. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument, this 25th _ day of June ,19 92 JAGOE-PUBLIC COMPANY (Seal) if (Pr' cipal, tt'" (t'Ytle) SEABOARD SURETY COMPRNY The for o7hg bond Is hereby approved. BY. ()rte i ( V, r Rosemary Weaver _Iy1 . Attorney-in-Fact L E _ J TRUCTION COMPANY l (Owner) BY. 15303` 1 arKtirJ Suite 1310, Dallas, Tx, '15248 ~ _ Address (Date approved) FainIIO"6 Iii Certified Copy SEABOARD SURETY C0W ` r t No. 11205 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY Ut~ 7 F~ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the Stateof New York, has made, constituted and appointed and by these presents does make, constitute and appoint Jerry P. Rose or Linda O'Nale or Robert Stoeck or John R. Stockton or Rosemary Weaver of Dallas, TeXaS i t s tr u e and lawful At tomey-i n-Fact, to make, execute and deliver on Its behalf Insurance pot icles, surety bonds, undertakings and other Instruments of similar nature as follows Without Limitations Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-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 seal; 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 lollowing By-Laws which were duly adopted by the Board of Directors of the said Company on December Still 1927, with Amendments to and including January 15, 1982 and are still to full lorce and effect; ARI ICLE VII, SECTION I. ;I `Polk let, bonds, reeognUanaa, slipwal ons, eon/ants of surety, underwriting undertakings and Irelrumernts relating IMnlo. Insurancepoill bonds, recognitancet, stipulations consortb of surety and underwriting undertakings of the Company, and rateeses, agreements and other whlings relating in any way thereto or loony claim or loss thereunder, (hall be signed in Ine name and on behalf of the Company sal by the Chairman of the Board, the President. aVice-President or a Resident Vice-PresideMand by the Secretary an AssistanlSecretary.aResident Secretary ors Resident Assistant Secretary; or Ibl by an Attorney-Im-Fect lot the Company appointed and "Itiorlnd by the Chairman of the Board the President or a ifoo-Presidenl to matte such signalufc or ici by such other officers or reprosenlatlvu as the Board may from time to lime determine The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fed w representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of, its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .fish day of December..... 19..91 n a„xl rr Attest. SEABOARD rSURETY COMPANY, B y Se ( oaetaZy~~ al A Vice-President STATE OF NEW JERSEY 113- COUNTY OF SOMERSET On this ..41h day of DeCeMber . , 1991. , before me personally appeared M Chae1, .8,-Keegan. a Vice-President of SEABOARD SURETY COMPANY, J with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Slate of NeW.. JeZBey _ ; that he is a Vice-Prosident of SEABOARD SURETYCOMPANY, the corporation described In and which executed the foregoing instrument, that he knows the corporate seal of the said Company; that the seal affixed to said Instrument is such corporate seal; that itwassoaffixed byorder oftheBoard olDireclorsolsaid gop any;andthathesignedhisnametheretoasViee-Presidentof said Company by like authority. rLLICP M, 7UB .VCS cs M r~A9.~ NOTARY PU9Lt,_ Or I1'.'if (wall a r MY Con.tnlssion Expire; L nJ 4, i59G 1(yy F r r~ '11l'lfa Ub1~C ' ~M,c cERTIFtcATe 5V Line un mgned ASSiHAnt Sec:retuyol SEABOARb SURETY COMPANY do herebyc ff omoy of which the lwegoe~gro a lull, true and correct copy is in full force and etlecl on the dale of this Certificate and I do further Certify that the Vice-Ples dent *no executed the said Power of Allorney was one of the Officers authorized by the Board of Directors to appoint an attorney in-fact as provided in Ankle VII, Section 1, of the By-Laws of s SEABOARD SURETY COMPANY This Certificate may be signed mind felled by facainule under end by mulhorily of the fullowing resolution of the Executive Committee cl the Board of Doctors of SEABOARO SURETY COMPANY at a meeting duly called mind held on the 251h day of March 1970 "RESOLVED hl Thal the ole of a citinled facsimile of the corporate seal or the Company and of the signaluer of an Assivan1 Secretary on any certit,cahon of the Cofreclnesl of ■Copy of on lrtstrumenl exncidnd bythe Presidenl OF a Vice Proficient pursuant io Article VII, Slchon 1. of the ey-Laws appomling and muthoriz og an artormoV ri-fact to Sign in the name and on behalf of Nn Company surely bonds umd%irwntmg undertakings or other instruments described m said Arttclo VII, So lion 1, with ble effect as if ouch seal and such olgnalve had Ueen manually affixed and made, hereby is euthorited snd approved" a WITNESS WHEREOF, reuhio set my hand p anlxed )he corporate seal of tg Company to these presents this ft, s have he ~ r IN r lU day of L L_ 19 r~, . ,tea a o •~aMtA~ Asst lent Scctsttry corm eli tnev rbl, T0; Lodge Construction Company DATE: 5/19/92 We propose to furnish the necessary labor, material, equipment, end incidentals to construct the following work as per plans •9140-OTE prepared by Dal-Tech Engineering Company Description of work: Water& sanitary sewer improvements; Drainge improvements. Location: Forrestridge Estates, Denton, Texas Quantities and prices: Install 12" PVC Water Line @ 520.00/LF 1,872 LF x $20.00/LF = $ 37,440.00 Install 8" PVC Water Line @ $15.75/LF 150 LF x S 15.75/LF = $ 2,362.50 Install 6" PVC Water Line P $ 14.70/LF 1,292 LF x $14.70/LF = $ 18,992.40 Cast Iron Fitting @ $2,100.00/Ton 360 Ton x $2,100.00/Ton = S 5,460.00 12" Valve @ 5840.00/Each 3 Valves x 5840.00/Each = $ 2,520.00 U Valve @ 5525.00/Each 1 Valves x 5525.00/Each = S 525.00 6" Valve @ 5378.00/Each 8 Valves x 5378.00/Eoch = $ 3,024.00 Firehydrant ua $840.00/Each 5 Firehydrants x $840.00/Each = $ 4,200.00 8" Connection to EX. Line 0 5525.00/Eoch I Connection x $525.00/Each = S 525.00 Services, 1" @ $475.00/Each 46 Services x 5475.00/Each = $ 21,850.00 2" Blowoff @ 5420.00/Each 3 8lowoffs x 5420.00/E8ch = $ 1,260.00 Testing Lump Sum = 1 1.050.00 TOTAL = $ 99,208.90 18" Class I I I Reinf. Conc. Pipe @ $26.75/LF , 312 LF x $26.75/LF . $ 8,346.00 21" Class III Reinf. Conc. Pipe @ 530.45/LF 970 LF x 530.45/LF = $ 29,536.50 30' Class III Rein(. Conc. Pipe @ 542.00/LF 482 LF x 542.00/LF = $ 20,244.00 33" Class I I I Reinf. Conc. Pipe @ $46,20/LF 24 LF x 546.20/LF = $ 1,108.80 4' Inlet 0 51,312,50/Each 2 inlets x S 1,312.50/Each = $ 2,625.00 5' Inlet @ 51,522.50/Each 2 Inlets x 51,522.50/Each = S 3,045.00 10' Inlet 0 $1,942.50/Each 4 Inlets x 51,942.50/Each = $ 7,770.00 Construct TYPE "8" Headwall @ $315.00/CY 3.23 CY x 5315,00/CY = $ 1,017.45 Pipe Connection ! $420.00/Each 5 Each x 5420.00/Each = $ 2,100.00 5' Diom. Storm Sewer MH @ $2,100/Each I MH x $2,100.00/Each = $ 2,100.00 5" Conc. Riprap @ 530,71 /SY 20 SY x $30.71 /SY = $ 61420 Remove Ex. Conc. Riprap and Hdw1. Lump Sum = S 315.00 Trench Safety Lump Sum = S 630.00 V 1 , k Detention Pond Complete w/outlet Lump Sum = S 32,245.00 (including 450 LF of "V" Ditch with 3:1 Side Slopes, Outlet Structure DBL. 30" Outlet Pipe end all other eppurtenent items as shown on the plans) TOTAL = $111,696.95 8" PVC SDR 35 San. Sewer Pipe # 27.25/LF 5,439 LF x $27.25 = $148,212.75 8" PVC SDR 26 Son. Sewer Pipe @ 52.75/LF 568 LF x $52.75 = $ 29,962.00 5' Diem. MH @ 3,650.00/Each 7 MH x $3,650.00 = $ 25,550.00 5' Diem. Drop MH @ 4,200.00/Each 2 MH x $4,200.00 = $ 8,400.00 4' Diem. MH P 1,260,00/Each 10 MH x $1,260.00 = $ 12,600.00 4' Di am. Drop MH @ 2,260.00/Each 1 MH x $2,260.00 = $ 2,260.00 8" Plug @ 04.00/Each 1 Plug x $84.00 = $ 84.00 j Trench Safety Lump Sum = $ 12,600.00 Services @ $380.00/Each 46 Services x $380.00/Each = $ 17,480.00 Connect to Ex. B" 8 $315.00/Each I Connection x $315.00/Each = $ 315.00 8" Stub Out P $525.00/Each I Stub Out x $525.00 = $ 525.00 Connect to Ex. MH @ $525.00/Each I Connection x $525.00/Each = $ 525.00 Testing Lump Sum = $ 3,150.00 All manholes under new paving area will be left 18' below finish grade as per City specifications and will be adjusted to finish grado by others. TOTAL = $261,663.75 GRAND TOTAL = $472,569.60 For your conventence, the above quantities have been estimated. However, this proposal is on a unit price basis with payments to be mode on the actual measured quantities of work completed. Payment will be made in two Installments: First installment will be for 60X of estimate not to exceed SOX of the total contract and will Include any material on hand. This amount shall be paid within 10 days after being submitted. The second and final Installment will include 100% of all work done and will be paid within 15 days after all items have been completed as per plans and specifications. It Is also agreed by both parties to this agreement that any and all costs of litigation to obtain monies due contractor shall be at the expense of the owner, and the Items installed under this proposal remain the property of the contractor until the contractor is paid in full. This proposal Is also based on all engineering, grades and alignments being furnished by the owner, together with all necessary permits from the City, County, State or other Interested parties. Ali-messnte3ttrig will, be pefd forbyVner, k 2 Your acceptance of this proposal by signing and returning one copy to us within (10) ten days and the approves by us of your credit and arrangements to pay, will constitute a contract between us. This proposal is subject to cancellation if o National Emergency or other activities should cause materiois to become unavailable. I ACCEPTED: (Owar JAGOE-PUBLIC CO. (Contractor) 8y. By. Title: ✓ " r ~u ~,p~_~n Title: Bonk Ref. Date: For State Soles Tax Purposes: _ Material $ 188,664.02 Labors Equipment S 283,905.58 I Contract Total $ 4720569.60 i i I 3 -~_T---- _ - ~,_,~,.l~~I _y I L~c1c~~~ Ikr~ t2c V' 1 S"~ 3 - S S"c-f. C ~ i I i s a i I ~HToDo o j ooooo~oOC o N t ~ooOO ~QQOOQCCO i I 1 r i ICI PROJECT NO. O CONTRACT NO. 3 THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, M RRVty M oRd►r- hereafter referred to as "Owner," whose business address is ZL%L Vim? ~aw QC~rr. 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. 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 tIto City's specifications, standards and ordinances; and (select applicable provision as follows) Whereas, the owner elects to construct the Improvements w thout 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 PAGE 1 W J Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with _ whose business address is J , hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has 7 an interest in insuring that the Improvements subject to this i 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; f WIMSSEM As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and Incorporated by I, reference, to be installed and constructed at--T d C&C:Y1 0 ftrcl W ITw~fII i the Owner, Contractor and City, In consideration of their mutual promises and covenants contained herein, agree as follower 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 reguintions, ordinances or specifications applicable to PAGE 2 h 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 I l 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 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 thn Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedi the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. I PAGE 3 i i 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 { I 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. I (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 I 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 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 f i f f Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company Texas;ioz=d to do business in the State of (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 Iavmenr, That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an 1 amount not less than one hundred percent: (1001) of the approximate total cost of the contract cost of the Improvements guaiantee- 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 Improvements by the City and that prior to acceptance of the Improvements, the O,rner and Contractor shall furnish a written affidavit, In a form provided by the City PAGE S 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- 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 inde'jtedness 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 f I i 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 i satisfied and released or promptly post a bond with the City in the ,mouni of such claim, lien, charge or encumbrance, in favor i 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 (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) Indemnification. To indemnify, defend and save i 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 i 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 . 1 I { the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, ~I 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 1 contract between the Owner and Contractor as to the construction of the improvements. 3. Occupancy; One Lot Developments. Owner further agrees i as follows: (a) That Owner will not allow any purchasers, lessee, I 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 I liquidated damages, but such payment shall not be deemed I I approval of such occupancy and the City may take whate,-„► 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 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 r _ • and court decisions of the State of Texas. 6. Succ_and_1ssigns This contract shall be binding upon and inure to the benefit of the parties hereto, their i respective successors and assigns. i! Executed in triplicate this, _ day of _ELig OWNER CONTRACTOR BY: BY:~. CITY OF DENTON, TEXAS BY. ATTEST: 'MY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: so PAGE 9 F Cl6nn Biffar Concrete Contractor Route 1, Box 1325 • Krum, Texas 76249 (317) 492-3342 STA FEMENT Morgan Const. L 1_ Ee t 1 R W there i 300 lin, ft. Denton City sidewalk x $2100 est. coot L ~ ~B~Z i f E f 11.131. PRUJECT NO. CON'£RACT NO. THE SLWE OF TEXAS ~ ESCRUw AGREE:41' 114 LIEU i CO U10Y OF DEJ10ii y OF FERFOKMAUCE BOND (ilevelopm(-ot Contract -Improvements of $5U,OOU or Less) i WM%'RP;A5, ficvicr 11orjlnn hereafter - - i referred to as "Owner", has uudertaaken to develop property. I ~ within the City of 0ento", Texas, or its extraterritorial jurisdiction; and W11FREAS, Owner has, pr,rsuniit to the ordinances of the City I of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that 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 I "Improvements", are constructed and completed in accordance with toe specifications, standards and ordinances of the City; and WHERFAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WIIISREA5, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting; a performance bond, escrow cash money •fith a bank as escrow agent in an nnouut not less than the amormt necessary to insure completion of said Improvements; I t IM II flora, 111EREFORE, Olrtdt;ft, City and ~ I ICSI. StaLr fl;ink. ~ hereafter called "Escrow Agent+t , agree as follows: I L. Amount. Owner, as a condition to receiving building per- mits tur property located at the cnrnur of Roil and Withers 1)ootoii, 'Icon`' ,;hall deposit the sum of ltru 7luinr+dirnl 0nr MUM 1011aI , 1 rin U(I ) , in CdSh money, with Escrow Agent, said sum being; in tin amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more pnrticularly described in that certain development contract dated the 60h day of Fehru_u_y , 1992 between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued i by City for the property herein described until Escrow 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: tloe City Engineer shall authorize the release all the escrowed funds when all Improvements are PAGE 2 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 Enf",Ineer, may, but is not required to, authorize, periodically, the release of specific(] sums of the escrowed funds to the Owner if, and as, the Improvements are completed f and approved or accepted by the City in stages, f so long as the remaining funds not released are k sufftrient to r-omplete 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 or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East I"IcKinney Denton, Texas 76201 OWNER: Narvi.n tlornan 22116 W._ 0gk_t IJgnton,~tex, ESCROW AGENT: First State Bank_ 101 S. Locusts licit torrs'Iex=Is 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonliabilitty of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts depoisited 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 PAGE 3 connect ton with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the Funds deposited in the Escrow Account, the proper Interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be hell liable for refusal to act until the question or dispute is ;ettled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader ;nd obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matter. 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 1. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 ~I i h {I ~h GaCQC a f o Og 0~1 c~ o o° 0 4 F a ~°oooooaaaoot6+o r i 21931 PROJECT NO. > a CONTRACT NO. ~~5r THE STATE OF TEXAS S COUNTY OF DENTON DEVELOPMENT CONTRACT g Whereas, Mason-Harrison-Jarrard Enterprises hereafter referred to as "Owner," whose business address is f P.O. Box 22775, Oklahoma City, OK 73123 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and IYhereas, 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 with the City's specifications, standards and ordinances; and [select applicable provision as follows) i 1 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 I PAGE 1 i 1 I? Whereas, the Owner ele:ts to make such Improvements p hereafter set forth by contracting with Hammett A Nash, Inc. whose business address is P.O. Box 1552, Denton, Texas 76202 , 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 I agreement, which will, upon completion and acceptance b i y the City, become public property, are properly constructed in accordance with the City's specifications and hat payment is 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 730 Fort Worth Drive, being Lot 1, Block 1 Chicken Country Addition, an addition to the City of Denton, Texas. 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 S ecifications for Public Works Construction North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 a 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. I~ (b) Authority of City Engineer; Inspections Tests and 1 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 nis 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 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 agreement to approve or accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance I 1) 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 j Texas, as amended, the provisions of which are expressly incorporated herein by refereice; provided, however, for purpose of this provision only, "vwner," 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 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. I 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) performance BondsyEscrow Agreement. That if I 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," i 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 the full submitted PAGE 4 improvements meeting the specifications of the City, shall be in favor of the City, and shal be executed by a surety 1company authirized 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. I (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 cgntract 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 auth ;iozed to do business in the state of (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 d I~ ebts due to any person, firm ' 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 andepContractor thshaImprovements, a thewriOer tten affidavit, in a :orm provided by the City PAGE 5 Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with .ihe 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; Finai 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 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 F liens claims, charges or encumbrances of any kind. If, after h acceptance of the improvements an claim any , 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 (104) 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. M 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 i 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 Contro111nR. 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 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 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 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 - ~I venue shall lie in Denton County, Texas. The terms and of this contract shall be construed in accordance with the laws p s 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, a'/- day of OWNER _ CONTRACTOR BY; - 8Y: ~ Ga d-Lig foo 33 yy rr KASONHARRI Q JA ~RD ENTERPRISES HAMM 1 aNASHt INC. CITY OF DENTON, TEXAS BY ATTEST: ~l I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i By PAGE 9 1233L i f PROJECT NO. CONTRACT NO. THE STATE OF TEXAS g COUNTY OF DENTON § ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND I (Development Contract -Improvements of $50,000 or Less WHEREAS, MASON-HARRISON-JARRARD ENTERPRISES referred to as 'rOwnerrr hereafter , has undertaken within the to develop property City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant of De to the ordinances of the city nton, Texas, hereafter referred to as "City", executed a development contract to insure that 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 $309000 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 Improvemerts; r i NOW, 'THEREFORE, OWNER, City and MW Bank ,,f~,•,,,rr~;,,, hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at 1130 Fort Worth Drive, Denton Texas shall deposit the L+L I" 1 suLa of __~Thousand and 00/100 Dollars f in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements wnich are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated theI day of L&105;, , 14?,)- , between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall bo issued by City for the property herein described until Escrow 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 finds 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 authorize the release all the escrowed funds when all Improvements are I PACE 2 - ,r I I I I , i completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City ngineerherete judgment shall be binding on all E partis o. (b) The City Engineer, may, but is not required to, I authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed sodlongrasetherreaccepted by maining fundsenottreleased gare 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, j 3, Notices, Any notice to be sent, or required to be sent 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: Mason-Harrison-Jarrard Enterprises P.O. Box 22775, Oklahoma City, OK 73123 ESCROW AGENT: First State Bank of Denton 4. Fees. Owner agrees to pay any and all fees or costs charged bz; the Escrow Agent in connection with this Agreement. 3. Nooliability 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 PAGE 3 r f i f I connection 'with the amounts deposited, in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any i other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the L question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matter. b. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Deaton County, Tenas. PACE 4 I I, IN WITN$SS 14HEREOfI the said City, Owner; and Escrow Agent have signed this instrument this Wr-day of 19 . CITY OF DENTON OWNER BY: _ BY David Ligh t MASON-HARR ON-JARRARD ENTERPRISES 0 ESCROW AGENT BY: I PAGE S EXHIBIT NAZI Hammett & Nash, Inc OAFV W. HAMM6TT u. Rimtn4ca rnorunonAL LAND iURVt ToR AA. BOX 1552 • DENTON, TEXAS 76202 Tx 41041 (817) 387X 0506 0,817) 56 6 5427 W. S. NASH RE]LLT[RED rA0F91110,.k'- LAND sVRVtrOR T3 41603 LA •1136 RE011TERED /ROMISION" CIVIL ENOINECR Tt 444311 AN 41 M LA 440 August 28, 1992 31 M8 41311 Mr. David Tightfoot MASON HA?RISON JARRARD ENTERPP,ISES P.O. B0'c 22775 Oklahoma City, OK 73123 RE: Lot If Block 1, Chicken Country Addiiton, City of Denton, Texas Dear David: We estimate the cost of installation of the 41 wide sidewalk and 18" RCP with the safety ends to, be approximately $4,000.00 Please feel free to contact me if you have any questions. Sincerely) 720 HAMMETT 6XNASH, INC. by W. S. Nash , i I r `\g;'zi">f~r~+`•;?~a.yrs~~f~yl;pr~,,,.;.~.,.1, ~..1 104423 I 11115ORNIESIHATMd3Qlrtr=,l.S9TI=JM-rard F7171 ,er riees-F~^crt+w Acct nrEurCERIIf K IE_90 days__., _ _ss► 73-1185736 ADDRESS T P Box 22775 O~klahma City, Oh 73123 ILSfIf"OSIIFIRPIIII FIRST STATE BANK DO 1111, ~F,AGD WITITOM WM711,N ALYMORI2ATICN 1 /l~fF-W'TYY-~.~-~y.'C11I;73 C= D117AM $4,000.00 Ri'V V I I ~I~I OENTON ~ --v lil Intl 11111 rn"'n„""' Y,un nlu rMLARS pule pair hlahwry ball. IT, , M'A I« ReU' Irt. Pal aLIc IL p, nd kr. ,u 4. t I A1nd h1. 1'k d nt. Icy 4L14,1 . 0831-92 11-29_9290~days. 05 at ma x~ to rr,r, ❑WUI.I aUAril Ilw ~pwY.. ~ r. I[Y Uqu«wAT,I,( 11NM+n,f nn„ ,ll NLL tI Ta ~,n'~r'T "fT'~' •rIW,MIII ,f,Nll l,lp Vlle lrl.I ,!"k'hr B ,a 41, '/Ipf 1„rn II II INIW GI« al, n1, /L , . r 'Or This CD may W released to the City Il. I n „ , I l « 1 1 . llv,r f w,.. _ ,rr .I reN Y of Denton for eonstxoction to the Sonic Drive In in acoordance with the attachfxi Escrow pr7reemcrlt , I 1 I oo~~C,~o OCG~cC~O O~ ~ ~ ' 000 i ~O ti ~o O 0 O a i p r O y t` ~oOO O I C I j 2'.3:11 PROJECT NO. °y CONTRACT NO. _ THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas 41(,hitf(. ,T VcLL e R ~r~ ~N~1rte Hr~i hereafter referred to as "Owner," whose business address is 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 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 whic,. 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) 1- I 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 PAGE 1 Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with << Nth A r E whose business address is 20 s,ACA llln~jv~tL. T~ hereafter referred to as "Contractor"; and Wherer,s, Owner and Contractor recognize that tho city has an interest in insuring thet 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 specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at /VOA 4 fo/1E rz~ ft cAA~.5 4; e, A 0 9/lf/",efS 37 f-0 19GG4 /1afA Ae Rn 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 I~ such Improvements, such specifications, standards, regulations and ordinances being expressly incorpcrated herein by reference and being made a part of the agreement as though written herein. (b) Authori_ tY of City E_ ngineer; Insnecr _____L__i o n s. Test; 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 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 wkrk 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 agreement to approve or accept the Improvements. PAGE 3 I R r E (c) Insurance. To provide for insurance in accordance h with the insurance requirements applicai.+le to cor,tractors 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 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 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 h specifications. 2. Mutual Covenants of Owner and Contractor. Owner and E Contractor mutually agree as follows: f (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 aPP1Y, unless the development is a "one lot development," 1 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 f I I Irt,pruvement9 meeting the specifications of the City, shall be in favor of the City, and authorized to executed do bus iness d in surety y State company 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 r 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: a payment bond will be furnished in an amount not less than one hundred per:ent (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 tha Improvemerts, shall be ir. favor of the City, and shall be executed by an approved surety company II 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 boi.i has not Coen submitted in accordance with (.i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or I 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 furvish a written affidavit, in a form provided by the City PAGE 5 I i i i I I i li I j Engineer, stat iag 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- leased recorded liens filed against the Improvements, or laid to which they are affixed, that are to be dedicated to the _ public, j That, upon the request of the City Engineer, j Owner of Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied material for, I.he construction of the Improvements, and, when requested, written state,aent 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 and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the Lity free and clear of all f liens, ci;ims, 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 past 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 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 cf any injuries or damages received 1 as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account o: any negligent act of fault of PAGE 7 a v the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, { with cos.s, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling, That the provision of this I~ r 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 1 Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, 1 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 by City's Development Code, and no i 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 1 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. 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. b. Successor and Assigas. This contract shall be binding upon and inure to the bf.nefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 30- day of OWNER CONTRACTOR BY : Q/A~ BY: CITY OF DENTON, TEXAS e ~ BY: '44 ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 / WORK DAYS POGct'~'US - ~y/~G° (p ~K~i1~TL/NB BID NO. PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL $ n G 414-1-" /ivd 1.45-5.6c 44- / U / ('h') $ -11 yR •r G ~.eB ~ylwi i Vr / OD r, $ 1 $ ! o0 w6la" 7d7Z.DO s ~~p /oc. S a vb R,~bunrlp 04 DO I t,~ I G rc 4, o o ea S $ ol 00 " Nrrex~Ss~ev/cs boo $ J s ~lyb' GA,!!~ry ~~cert /L .Ere" .M's/Nd 9n•Oa /f' s IG~ /(•3 s Li /L "BaeE 90. ca tF $ G " v~otve- 3.oo ov s 35 03 slue! c,7 , emover Cewe, 23-00 s $ I p / c S oc "Co NC, ~,8/rdW,Oy Z9 DO g $ 1 / al $ ,J iU a ~As~✓ Svar Car WV, oo GF $ 3 J .5`o s ,QS/N ~i 1CLN Z , DO ',~AHt $ 6 IL1►• S ~O goo E'rcy✓.PrroN ~,eor~enir /05.0o L~` $ y~'~l.~~,d i1 ~xef i^ s / s a 7. oo s $ / s s / s S fir. /,~7 S 3r~37~s^i P - 4 Juil cc 5. c:c7 ~RUII UPRR CONT. AND R/E PAGE ,C02 UNION PACIFIC RAILROAD COMPANY CONTRACTS 6 AM ESTATE OEPARTMENt ROOM 1 10Q 1416 DDDOE NEBRASKA A!NII>Yt00 OMAIN -1100 t44j 271-17S3 FAA (u72) 2t1.5490 June 22, 1992 13B3-54 i KR ROQKR KILICINSON MITT OF DMMN 215 9 MCKIRM ST DtftN TX 16201 Door Mr. Wilkins= Please refer to application notifying the Railroad Company of the City of Denton's (hereinafter the "Utility") intention to construct a water pipeline crossing within a public right of way at Bile Post 72 .75, Page Raid, Denton, Texas. eogintering infoaaa-- tion submitted by the Utility has a boon t revi~ewt23 and the the Ntny approves the proposed crossing Railroad he Cio Exhibit "A" print dated J 9t 1199Z• iittie-utide~ietood t~het ° the utility bed shall reimburse the Railroed Company for all expeasea incurred by the Railroad Company for employment of fla9mon, inspectors and other employees r the right of war and property of the Railroad equsgas to protect Coi' of and/or from the construction, maintenance, ir' renneewaall~es arising out reconstruction, relocation or removal of the utiL~ line. The utility ` modification sha ity sha, reimburse tha Railroad Company for such y ll preoenteti.n cf bill for such expenses within thirty (30) days after expenses. The Railroad Company has authorized the installaf.ion of fiber optic cable facilities on its property in certain areas, prior to using the Railroad convany'a property covered herein, you should cotitact the Rail roaomp 1-900-336-9193 to determine if a fiber ^crtn cable is btuied on theC dsubjeancytat property. When you or your representative enter the Railroad Companr's property, a copy of this letter must be available at the site to be shown on request to any Rallroad employee or official. t JUII 22 92 8:c^6 FRO11 UPRR CONT. AND R/E FADE.©03 i In order to protect the Railroad rrapauy's property as well as for safice,reasons? It is imperative that the Utility notify our 9upQrintendent's { Manager - Administration P. 0. Box 9857 Ft, North, Texas 16107 (817) 878-4553 or (817) 878-4554 r . a minimum of forty-eight (48) hours in advance of any construction on, along, or across the Railroad Couipany's right of way and/or tracks. incerely, fit. GtCL rector - conttacta i 1181 ~c 3~ , c FF?!ill LdFRR, 4911 r. HIlD P.. E HbE . UOJ PLACE APlot Of INDICAIINO NOAIN fm W0404•8 DIRECTION RELATivt TO CROllINO REY, OS•Or•90 APPLICATION FOR ENCASED NON-FLAMMABLg PIPELINE CROSSING v NDM ALL AYAILA/LE OMNSIONS WST Wt kO SCALE_ FILM IN to EXPEDIII THIS APPLICATION, ~ wow dV''1 IIIl~10f1 lTl 11 1 wrp 1 1, ]1 0 Ff. 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