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1993
" DISCLAIMER W DETAIL t! THESE 3ftCIFICA?Yft MRE 2NGstI=-)Z IN TH! 'CITY' w Oli LIAA SPEC . ICATIOMS'. AMENOM bATM AMIL 1 " M CITY OFyOWON 3~0.Ky.dlFICATIOM$. ? SMC LOT I FOR pm a.v l 4 Y` I AILS • Y. 1 STA 0+00 E-M EXISTING STA 0+00 N-S f . 41 FIRE HYORANT~ CEN7ERLINE RAMP ; STA -0+03 N-S Af►RCYfn ExPwiloM MATERIAL iJ AL t>, Ei~All 8( Pt-&= EYfAY 4E• FOR EONST"71ON JOINT nppc ES 1 uRPOSCS EXISTING PP-~ T PNW At Jostm 4- T~A~ OMM NATEAIAL MAU ALS* 40' 'S A CUM Oq~ S1eErALlc 4CENTEALINE RAMP i an+~arMUCn~r STA -0+03 E-II St0E11ALK RAMP SEE WP, SAEA~' WPIMMAY 5 dE DETAIL OF SIDEWALK RAMP _"AX'0 I'12 oEMIc LOCATION +rv~ DRmt tI t+ux~~"Ul!Acco *9* tf„ pp: t jy p OTKR i/>tuC J1E ICAL < 1/2' LIP LIP TIfpTCAL MINIKN SLOPE 1M' PER FOOT Z/R' LIA SIOE~(ALK MW p. } MAX. SLOPE jo15, 0 INf 1-TEA STA 3+84,03 ~A 3+54,03 N-S EM OF SJ OF i TRANSITION CURB SIDEWALK AT IoG -1/2' LIP I I 30M PSI Ct}WPETE SHALE, SEAUSED ALL SIDEWALKS SHALL AECIEYE. AN " S£A IWlYA;IlAY APPAAVEO WHITE PIGMENTED CUAINd ~ If 1 :4• OE'TAIdS FAR COMPOUND 'AND A -LIGHT BA06M FJN;SH, „ 4 _ SIDEWALK RAMPS FUN WHEELCHAIR ACCESS !f V I SHALL BE CONSTRUCTCO.AT'ALL 'r DAIVEWAYS ANO.STRE41 IMTEp4ECTIONS., MY I K AN1J SI~IAAWL K RAI'ff' AD',r ;IAL S I~ 1' i 46 i i s fIR.R'1(YORANT - Ic1EI A-42A nk FQU1VAI r4n ! ~uuuq QI o r I II V 2-2 I12' NOSE NOIILES N I I Q s w l 11 L'a-T I I o I iQ Y M ! Q O O - _ • 21' MINA. I I I I 21 MIK S' X" ti II oI ; I ~ II 41-0 LOT 1 ' W , A14P, ` K GAYiV, i A'dP, BLOC 2 C67it t04 EL FILM EXISTING 302' x61 Q' : , -v.~ `_.Y^~.~'• BUILDING PDVIM COirCRETE THRU;T i x ' BLOCK, PP+OTECT CAAIN TO MAIN OPFNINO. Pty` 11„ • ~I .4 . h lil I I - And- STA 1+17 E-M~S\`~15\ O iV EXISTING WATER METER PRECAST CGCeETE BLOCK pN-- 00 I TO BE RELOCATED TO NORTH OF SIOEWAL.K BY CITY BAIE6 WE 5143 AT OWNER'S EXPENSE ' I r J „ 5' 8L E;fISTINb ' ~O~~Tf. FIRE HYDRANT ~ w r r... rr.+w Is OF ROW 'tPAM INS r rwrw wr.-r.~r w-.~rrr ;'f ..PROPOSED 16 U ~`-PHOI 3 ,t,•,,,, Es 1 4• 2 SEE DETAIL EXISTII METAQPI. -EXISTIFk INLET STA 3+20.5 E-W ENGINEER. 1 ENO SIDEWALX 1123 FORT W01 t i tt HATCH INTO EXISTING (817) 383-141( i CONCRETE SLAB STA SEO E-W mommummmod" 2+90 S YCAMORE 3 TREE I PROPOOSED FIRE HYDRANT BA 1 r - 1 CITY OF L 1 -1 DRAWN: _Y) Afolf s a ~ - L. t CHECKED: _._,2 M 1 w I s . >f ,i 4 n 1 ~e M u8MR8AG MOTU I, All ronmlrarllou shall b+ In arcurdance with the - 'try of hentnn 11tllity Line Construct ion 9peelficatlone, 1 • ~a 7, Cuntrsetut shill pre vide 'Ae Aulits plane to the Knglneer as that thr rryu wfurlLlre of th• enytnaeriny plans mAy IM corroclr-l rn rafler•t "Am guilt" rundltinne, 1• The Contractor shall tm. retl.lira(l to prr,vilir and maintain all n'ICessary warning and aAfety devices Mashing lights, r_• bArries'les, signs, Me, I to prolert the puhllc sAfety and ) '1 v ~•f heAlth until the work has u»n rcvnpleled Anti accepted by the rir I 1 ~d ~rl _ I 1t- rity, 3 1, The Incatruns of existing utilities shown on lhebe plAns Are Spproxir.Ato. It is the responsibility of the Contractor to J locAte And verify to the field any utilities that sAy SCALE, ~N f -30 ' conflict with his cunatructlon. At least 21 hours prior to beyinninq ronstructlon in the vicinity of underground J utilities, notify the following an applicablet City of Penton Mater/Masl•wnter till?) 1111-7185 , Denton Plectrlr (81)) 181.7165 i Lone Star GAS rrxqlany (817) 182-2571 Grp (817) 181-9100 SanmonA Cable (817) 566-2901 Williams Tele, Cass. Group 1.800-218-0131 ► VICINi`1'Y MAP *00 sm Q, Q ? ° t' ~ ' n 1- 'r J 1) 1 t- w 1 , ' b1r) - ter. S. i. i ELEC. fff • ~ IRAN TN 200( j ~ } f I ZO' CATCH BASIN- 2G BLDG ; 21 j UJ Lr) UIVL i V V s,_ 52 yy CN t%l G % J C7 J~ Ln FF 657.5 ' FF 657.5 F F 657.5 ~ \ r r GF2A~N LOADIfZ ~iGrdc v ~~IUFAcTi~QlI1C~ A~=EMBIVI r7ol w~Al~tt~tlblyr ~3Tr l~~' l Q I o 67 of i7 1 r r 7{L ( c A f- t i L d~ 17 BLOCK ~i f r 6~ - hbRTtl- r AmWr- ~l Ut'; V ~•r•J'; •gggggg•r~►. ~•r•.... ~~t.~~r•r~•r•r r r••t. INl(A ,i. 1, iii •eAe. r..•~~__~~_ "Moo 1 r.Wool .w.w.r.r.w.w.r.r. to to r. r. r•~r.r.w. r.w. r. w. w• ~ / , j F = 60b.b 7 t r S R~lrR O'sma Mjj%M Room to ` r G~1nE. fQnM PAVFT rU~'B CkC•ATE f ~ o~.~d 1 rn,~ V' j V St~F~"( SLOW Cl.>N~ITlOP.1 6S.10 F L =648.7 =648.7 J:A~kj 4r r. ~ K ~ r •~•r er_.wer •r ar - V \ll r. r.w r.w.r•. r. r• - w `T. r•w. r•r. r.w.w•w• ~ Ifr^p 0 r.••.•r•+••r•r.r.w•r.e~e,n~,f1,~ 648 2 i 01 ft."twooso t If K / 470 I_F 8 c i ` I ~ ~ /1 ~ f - i f ~ 'i r-•~ ~V ~ 1. ~ ~ ~1 ~ i ~ ! { G'' (,ATE- VALUE Lr- G" K=1uF. l1Yt~b.~I1 A~t~Y ~U,SLI`~1' Eki;Tl~i~~ FIk'E_ 4~Y'l~rti,11,j1 !4`> REPD ~ , wef r--- C)m& LV21MT l;~ rI~ 3" PU .J ~ I Ir'lrrAAY I f IOKAL LOPE + SLOT r . ur r 1 a y' PLAN \ fRONI CY LURA Knt•,.Alm Intl t'onsttucti„ne Cucrretc for th'" alAewnik A ehAl, fx I110U psi strenyth and shall Iw IIlarrd at a t' - M1ha I I tr ecrd under all sti~ralkop3vemfIovedrlmlmrraa to, ill anteun of 1'. A 1" q the hirlnras to 6' _ shall tKr rrtyuir•d %I cr.,seing driveways nr O-iIWiIER al,pm.u:hes, Reinfor,-lmi steel conflnltng of 6 K 6 oho C I IYPICALUEIAILFOR SIDEWALK ANU 6! wtte mesh or EI tAre on 16' centers shall LI URIIEPYtY CONnIEUKA itaI1e4 in the same rruM1sings as listed Atrovr. trS~~l l Ap{,roved e[ annion aatnr{Al Shall be placed every 10 if C'> 6 1 SInrr.WAI M PIVI 9 feat for consltuctlnn to int I,rt .ars an c tummy }o , nt a a 1. 1 vow - { r-~ a II I SI~WA,s shall to lAred At f f9ot intervals. Alan, whb.r the / or other alru,.•ture it shall he II' aldewal It nbutn a curb !1 S'~OLWALK se'Araled frown that atructurv! by the above spplrove, l / r {I R I e ~vAR~s~ cuae _ .1 _ p r ft JON F,r l I „ - I t CURS oxi,ansion tnsteIiAI, duwIel into u,e 0,ruclufe wiuf II LIP, to I bats on 71 Inch centers or a combination of the two 49 I t~tu to 4t! f k of t ( directed by ^ thr rn4Ineer. All sidewalks shall receive ( V~l.8 r r f~'• o~ : tt.e plg~arntrd rn,ring ro,rpo',nd After the too OF iVRA HIII SKIE%ALV. an Approved wit 9UU IUIMC klN. { (1S 9F o '01"I has to:en plAcrd, A light bruivn finish shall t,e o L- -c - 'S t1~1 1 Io l° L__ SLOM Of 1!4 PER applied of l cr the crncrrt,e gfne to set up. J r ~rl Of(Upg t- LIP Mfr - roof ro rlE.ute y OR STREET Sidewalk ramps lot wheelchair ncceas will IM kAW'1 B' V ;l~r " SMALA Rl~P pEiAIIS ~,Qy~$EEE_ conatrurtrd it All driveways And int•raectlal, r~t,, 1 i~ 1 r i d I ' in-on or RFS Y c l 1 1 , 1 /I 13 1 I r~xT- • ~ ~ F~ r T i ~r 1 fT 3 r 1 1 ' 1 i i i T ' ~ ElIIS~ING SAN11AR1 SEWER MANHOLC • _T a TOP ELEY 660.71 u I f . R 674.91 ~ s c R I P r l z a i r FIAE HYDRANT 1 { HATUI TEST STATION METF4 I! V6 II LONE STAR GAS N EXISTING 6' WATFH,LINC i ,1 I 1 1 -f - - - -j 1 1 4 r2 pp; ~I 1 MANHOLE 01 i ! + ~ .E... r - . 1- i t GUY t 1 r ' STA 0+00.00 77 1 Ij- CONTRACTOR TO VERIFY LOCATION T PRIOR TO CONSTRUCTION °p Y \ I ,F CITY TO SPEAK OUT EXISTING i" LINE AT CONTRACTOR'S EXPENSE I ' (I wAAr.0'sF++EH `as'FL E 675.30 ! CROSSI, ;6' L;T IL I rv f_ASFHLNT 1 i EXISTING FL 674.301 By VOL, Pq Hnrl z x I ij - i ' ' Q l~~ LOT 2, BLOCK A 2 r, i t i 21 MED-TEX SUBDIVISION I I{ ) 7/52 P.A. ff ~ ~ r0o;eie oa 3. i a~ - 1 y 690 t I i 688 I I I f-x IS T1, G 7 r ASHA:' I . I CRI4LWA+ i 686 ~ 'I . ~ I I 6,86 X;t•ir;G ' ASPNA,'~► fJN;YlMAY - 10 ; LF OF 8 684 PV S WERL N ~ E E 40 - - - i 682 ANNE E_ i pL 680 379•Z Ap% 680 S`A C4 7t I MAC 678 Ek IS' l tic, l I ~ NI17'ML'P I i AISTiNG 8' SAN. SENFk ~ CITY TO BREAK OUT I 0157iNG LANE Al 6?(7 i L0r+7RAf.~OR'S EXPENSE ••0 1 I a I +I I + CON 4.1 -57A 0400 10 SSA 674 r~. QNCNFTE t,NrASEM4~T a t0 of d - . -,0W r+i 16 , 0 Q) N w 0 z n W o~ o' %j q a Q V) LD OoN 001 O 01 ~p C) ZQ~. w toi ' ^I 0; OD 0CD Q h X _j CO~ C; N X Z!ID ~1D OESiCI ZOW W W 1D G DJ lD -0{50 a+aa~ 0+50 1+00 MEMO r ' ii y~ J IL Y J r~ f • p vOO~~~ccCfCQDcCppv~nIn Opp { '0~~0 o ~ a o oQO a o°000~~ N hoc°°°OOp caaa 1DEVELOPMENT CONTRACTS 1993 DEVELOPMENT CONTRACTS - 19y Applebee's of Texas, Inc. Austin Baker Ben E. Keith Beers Coburn Construction & Contracting Eagle-Picher Automotive Group, Orthane Division _ Elm/University Joint Venture I EPIC Development, Inc. (2) HCA Health Services of Texas, Inc. Hersman Development Corporation and Lybbert Properties (3) Doris Bean Johnson William G. and Carol L. Kernek Lone Star Par 3, Inc. Love's Country Stores, Inc. P&P Properties, a Texas Joint Venture Rancho Vista Development Co. Retail Buildings Inc. Schneider & Justice, Inc. Taco Bell Corporation (2) E.R. Wagner Manufacturing Company AAj%00097 PROJECT NO. ~CONTRACT NO. 217 THE STATE Of' TEXAS § COUNTY OF DENTON DEV- =2Mk:NT CONTRACT I I Whereas, ApPlebee's of Texas Inc hereafter referred to as "Owner," whose business address is 4551. W. 107th Street LSuite_100. Overland Park, Kansas bb207 is the e a of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wisitr~s to develop the property and such development must be performed ar. 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 i:ruvision 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" or "Contractor" shall mean the owner as named above; or Whereas, the owner elects to make such improvements hereafter set forth by contracting with Parkway Construction Company - , whose business address is 1660 S. Stemmons, Lewisville, Texas , hereafter I( _ l 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 the City's specifications and that payment is made thercCor) 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 N.E. Teasley Road d I-35, Denton, T% r 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 standards contained in Division II and III of the Citvrs Standard apegifieat ns for Public Works Construction North n ralTexas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 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 Enainger• 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 1 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 interpretat:;on of specifications. The Contractor shall furnish the City Engineer or his j representative with every reasonable facility for ascertaining I whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure --f t6c- 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 f` 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 1 (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 Sz~eciPications nr public Works Construction North Central TexaG - 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. 1 (d) Means ad~Methods of Constr ~r t < 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. t 2• Mutual Covenants of Owner and ro +nictor. Owner and Contractor mutually agree as follows: (a) .performance Bondsj_rscroy 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 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 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 ensuring 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, 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 to do business in the State of Texas; or, (ii) if the total contract amount o.', 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 band 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 who performed labor on, or supplied PAGE 5 } I material for, the construction of the Improvements, and, when requested, written statement from any or I each of such subcontractors or suppliers that they have been paid in full. (c) Retainaae; Final Pam- nts. (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 I 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 lions, 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 ar-3 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, PAGE 6 lien, charge or encumbrance, in favor of the city, to ensure 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 i 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 chara-ter, 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, hiv agents, employees or subcontractors; or on account of any negligent act of fault of 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 Co ol,JiU, 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 3, 9ccypancv One Lot Deve,Jooments. 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 Cade, 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. Co_ g_nts of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venus 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~tci gessor and Assigns, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective s+xccessors and assigns. Executed in triplicate this, 14- day of OWNER CONTRACTOR 1->A4 krJA~ Cpn~} etfA IDa. CD i APPLFREE'3 TF,XAS, INC/.' 7 CITY OF DENTON, TEXAS / l /51 BY: IT AGER A TEST: 4140 ALTERS, CITY SECRETARY PROPERTY OWNER DS PARTNERS, L.P, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: WAAD J. NADHIR, PRESIDENT THE BOSC GROUP, INC. BY, ~Z GENERAL PARTNER J PAGE 9 1 1 i I~ PROJECT NO. I CONTRACT NO. PERFORMANCE BOND Bond No: 5233848 THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Applgbgg's of Texas Inc. Kansas of Johnson County, Taurs, hereinafter called Principal and Safeco Insurance Company of America P.O.Box 13647, Kansas City, .-Missouri 64199 i~ a corporation organized under the laws of the State of ! and authorized to do business in the State of iexas, her~eina-fter 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 Twenty one thousand one hundred thirteen and 00 cents (S 21,113.00 1 Dollars, lawful money of the United States, for the payment of which nun well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and .severally, and firmly by these presents: THE Condition cil this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated jidt_ the day of nn~nhor , 19 in the proper performance of which the City of Texasohas an interest, a copy of which is hereto attached and made a part hereof, for the construo ion of. Construction of Public Sidewalk NOW, THEREFORE, if the ' Principal shall well, truly, ■nd faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agrcaments of said contract in accordance with the Plans, Specifications, and Contract Documents during the mriginal term thereof, and a.,-.y extension thereof which may be granted, with or without notice to the surety, PACE ONE . . 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 agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full farce 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 f 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 perfarmed'thereunder. IN WITNESS WHEREOF, this instrument is executed in tripplicate, each one of which shall be deemed an original, this the llt11 day Of _ November , 19 9~. PRINCIPAL SURETY Applpbee's of Texas Inc, Safeco Insurance Company of America T BY,II,I C~ BY: b ATTORNEY-IN-FACT'bue amar Ilo ATTEST: Alexander & Alexander of Texas, Inc. Countersigned- Cd SECRETARY Vice reaid~ e- i t NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE Oe BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO AAA019DF PROJECT NO. COYIRACT NO. _ PAYMENT BOND Bond No: 5233848 THE STATE OF TEXAS $ COUNTY OF DENTON $ THAT Applebee's of Texas, Inc. Kansas of Johnson County, FA, hereinafter called principal and Safeco Insurance Company of America _ P 0 Box 13647, Kansas City, Missouri 64199 a Corporation organized under the laws of the State off ' and authorized to do business in the State of Texas, here naftar called "Surety", are held and firmly bound unto the City of Denton, Texas, a municipal corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to i~1 the attached contract, in the penal sum of Twenty one thousand one Hundred thirteen and 00 Cents 71,113.00 Dollars, lawful money of the United States, Nl~ to be paid in Denton, 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. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated the 4 day of the proper performance o w ich the C ty of Denton`Tax19 q3 as, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Public Sidewalk PAGE ONE faithNOWJ mTHE aREFORE, kee he Principal shall well, trul be done and performed for a pen good repair the work contraeedato t acceptance in writing p rfod of one (1) year from the date of work and rep~n.ir by the city of Denton and do work any defective conditions all necessary arising from the improper work of the same growing out of or limited to, any settling, breaking, cracking oncludin condition of an g, but not excavation any of the work or part thereof arising fromdimproper backfilling, compacting or any condition, known or unknown, at any time during the of other cause or bond, which the city engineer, whose Judgment sha period a this hall be conclusive, determines to be the result of defective materials or labor; then this obligation shall be void, otherwise to remain in full force and effect, otherwise 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 Cit may materials as necessar y Y do said work and su Principal and Surat o y and charge the sum against they such Y on this obl igation. said It is further agreed that this obligation shall be continued one against the Principal and Surety may be had hereon for successive bracheshof thecconditionsoherein provided until the full amount of this bond shall have exhausted, avid it is further understood that the obligation to maintain said work shall continue been I period, and the same shall not be chap de dim said maintenance manner affected from any cause during said timenished, or in any PROVIDED, further that if any legal action be filed on this bond, venue shall lie in Denton County, IN WITNESS WHEREOF, this instrument is executed in triplicate, each One of which shall be deemed an original, this the of 1J0~1 r 19 day PRINCIPAL . SURETY API'te~ bees of Texas, Inc. Safeco Insurance Com i BY4 BY: ATT"y' AC T ` e amar111o hlcxnnder & Aae an(for of 'Texas, Tnc. CounteraT8 ncd_ . I /J PAGE V [ce I ~ TWO / esl.dei't I I ® POWER =C0 INSURAIVOE COaMANr O F A lNalllCA OF ATTORNEY CIrRAL INSURANCE COINPANr Or AMERICA Noatt OFFICE 8"ICO PLAZA SEATTLE, WAaNINOToN "in KNOW ALL BY THESE PRESENTS: Nor. 0762 That SAFECO MISURANCE COMPANY OF AMERICA and cM &tlon, does Owh hereby appolM GENERAL INSURANCE COMPANY OF SUE CAMARILLO; Kansas CIIy, Mlssourl; BRENDA LINZE; BIUS S rIn MIERI; each a yy~ Lee's Summit, Mlssour l; DALE A. GEBAUER; Reymor9, MI ssour l; r3 ga, Mlssourl ROGER , R, J. R. THOMPSON; Prairie Village, Kansas; STEVEN M. LANCC; FAIRWAYHYKeneesESNAM; Perkv I I Ie MO,; YYMk Mkkkkk MMMxIfYMkkY kk Its true and lawful •ffornsy(s)-in-fact with full authority to execute on its behalf fidelity and surety bonds or documents of a similar Character issued in the cause of its business, and to bind the rsspectlve company tlwsby,umdert+klnps and otfler IN WITNESS WHEREOF, SAFECO INSURANM executed and attested these preseMS COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each i this 30th day of Apr I I , t9 83 . w CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Artlole V, Section 13. - FIDELITY AND SURETY BONDS yw President, any Via* Presldont the Secretary. and President appointed for " Purpose by the officer In Charge of surety operatlor», shall each have aultwi to ~~ri-In-fact or under OVW by a With any Msletnt Vice OZ* ther dooutxxAS of simile character Issued b the authority to execute on behalf of the o o b rod surety bonds y bonds nd s such appointment the sipnatlcha y company in the Course of its business . , . On any iy~ fidelity and surely and of tf* uch Olm"O, the ssd, or a fm imllf affixed by faoslmlie. On any )n•erument conferring such ajewf or t on an ~ WkLnoing that the seal stall y, not be Mores may be Impressed or affixed of In anY OU1er oc bond or utt wever, cry to the val" of any such instrument or undertakimy,• mariner reptaduoerk provided however, Extract from a Resolution of the Bard of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by tat Secretary w an assistant secretary of the Crmpany setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (11) A copy o of tlw po er-of-attorney appointment executed Pursuant thereto, and the N(111) COMIf i OW sold pow r-of-attorney M1pointmeW is In full force and effect >Inature of the Certifying officer may be by faodmlle, and tat HM of the Company may be • faoskMle ther/0f,' t R. A. Pierson, Secretary of "CO )NSURANCE COMPANY OF AMERICA &W of GENERAL INSUMANCE do hereby oartlfY that the for" extracts of the By-Laws and of a Reespiutlon of f4 Scerd of Directors of~M o OF AMERICA, of • Power of Attorney Issued purstwM M1/reto, re true and correct and y,K both the BY-Laws, the Resolution and yes Power of Attorney are ar affil in full l tons se and aNaot ahor Pow and , IN WITNESS WHEREOF, I have hereunto set my had and affixed tat facsimile seat of said Corporation this 11th day of N vetnber 19 93 R•a7allF I7l7 ® I10914ta4d to darnark or SAFICO Cerpmotlae, 11-17-93 01,40P4 PROM PARXIWAY CCNST, G. C, TO 1W5668236 ?0021002 P. F32 ro~ros~l Page No, of I'Waa r LEMKE CONCRETE CONSTRUCTION C?ci ~i~ /4 415 B enterpprise Place ROOM, TOM x6262 lomme $17) 379$664 PAX (337) 379.65S3 wwrtrae ro arc T11taT rtv C.oNS~rz~xmn~_..-.._ ? -Qj?j-!9a9.._. 2r- CITT, eTAT[ AND YIP 0011, bN Ar4mn CT OATL Of AUNa JOD MIONL 1 01, We hereby aubinit spedfratlon s a nd affm des f or: 411001 CJ/~LC. CTu/~,~ ,eS . l G I Y &.,4j tnq pep 000 O~ A-me 0111916 4 Ills Il er' 4a A 4 40 SO44 04 fill 6 also A at f ropoaa hereby to iwniah materld eno labor cemNste in accordance with above SWIflcatbes~ for the sum oh dollars (S - l ymaMloNMaio at eleW1: U roA GA.i N aulrAnlaae b N a laeMYe. Ad cork is m taAatalrl in / +orrmAnfi1A i R~ aocaalmo if etahftd 90404M A" Wra114a of ewallYA MM bend 1960INT. AUlhor,Dad - PS P,0AI ho"04Vlra Ulm rnu. Will w ""thin" snly v9M wrmm ore►A rat Mcamri In S ytaluN htla chore ere am stow eN Rlmllo. u1 ryr..a•hr1 eanuntlnt 91Wn Wier, w "#Aa be1WW wr 44nt1k OrnN b (AIR, IM Ia,11ee the oth.r A"II IIM Inaunn I. Nol . This proqul aY be Or*«urlaw lyay N.Ane ty Wrrklnen'r eMn'NV,tbh Inwnn u, wiUWrawn by of If nol Itaglo wllhln OtyA. ri'Ktp~ t Of fri~IIJ0g T he aboro 9rices, lpedf:eafiom Rlsruluro and coed tl m adbikilory and are hereey aeapied. You au aWhoril d - 10 do the w0rlt M 104410141, hyaUM Will b4 IIIAee IA aYtlNfd abOne, oo~o~QonaoooooOO o~ 4 ~ d d d OpppO~ y r° N z e O~OO ~~~4d0000noo~°~ I 1 li AAAJOD97 PROJECT NO. yJ? I CONTRACT NO. ~G THE STATE OF TEXAS § DEVELOPMENT CONTRACT - COUNT? OF DENTON § Whereas, Austin Baker hereafter referred to as "Owner," whose business address is 20J S. Exposition St, Denton, Denton County Texas 76201 4 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 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 prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Owens Construction Co, , whose business address is 1216 Ft. Worth Dr., Denton, Denton County Texas 76205 hereafter 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 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 201 S. Exposition St Denton, Denton .ounty Texas 76201. the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants oP co tractor, Contractor agrees as follows., (a) Speci1ic4tions. To construct and install the improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Gitv's Standard Specifications-fns public Works Construction North Cantral Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and expressly incorporated herein b ordinances being by reference and being made a part of the agreement as though written herein. - (b) Aut it of City ! ---_n a' eer Its actions Tesrg a 9: ers. That all work on the Improvements shall be e good and workmanlike manner and to the satisfaction ofothe City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability Furnished, work of 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 specifications applicable thereto. An without suitable inspection b Any work done or materials used 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 regoest or order of the City Engineer or his representativ9 th4 City Engineer shall notify the Owner of such failure and may suspend inspections of su h 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 ~I 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 1 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 Improvements meeting the specifications of the City, shall be in favor of the city, and shall be exocuted by a surety company authorized to do busiue+.ss in the State of Texas; or, f PAGE 4 (ii) if the cost of r_ompleting the Improvements, at the time building permits are requestk~d, 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 ensuring completion of the Improvements. Without ~j exception, the City's escrow agreement form shall t be used. (b) Pvm?,nL__1gngL +ssurar:ce of P ent. That prior to acceptance of the improvements; (i) a payment bond will be furnished in an amount not less than one hundred percent (loa) 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 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 Develorment 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 havinU 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 r3giaest of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 material for, the construction of the Improvements, and, when requested each of such subcontractorsnortsuement from any or have been paid in full. PPliers that they (c) Retainaae- Final payments, provision (c) applies only where the Owner and Contractor are not as securit he same party,) That I Y for the faithful completion of the Improvements, i Contractor and Owner agree that the Owner shall retain ten of the total dollar amount of t percent he contract price until after final approval or acceptance of the improvements by the Cit~ shall thereafter The owner 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) nc mbran es, That upon completion and approva; or acceptance of the Improvements of the Cit become the ye the Improvements shall 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 made, or found or encumbrance is to exist, against the improvements, or land dedicated to the city, to which they are affixed Contractor shall , the owner and 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 lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. (e) aintenanc, a Bond. That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in 1 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) _Itm4unif c 1 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 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) Aareementgntr911jinu. 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 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 i i all improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated I 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. CoyetltntQ if_QLtx. That, upon proper completion of the improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venub and C;overnina La-. 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 i contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 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, 26th day of AuQtist L993 OWNER CONTRACTOR BY: BY: CITY OF DENTO TEXAS BY:'i I MA AGER ATTEST: W NIFE WE ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOV.ITCH, CITY ATTORNEY BY / G Ile : rte'-.--- PAGE 9 7 L,'SSL PROJECT N0. CONTRACT NO. 'ME sTATE OF m(,\s ESCROW AGREFMENT IN LIEU r COUNTY UE UEN'fON 'y OF PERFORMANCE BOND (Development Contract-Improvements of $5U,000 or Less) WHEREAS, Austin Baker hereafter referred to as "Owllerhas undertaken to develop property within the City of Denton, Texas, or As extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executod a development contract to insure that anv 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 I 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 batik as escrow agent in an amount not Less tlian the amount necessary to insure completion of said .Improvements; I, NOW, MLREFORE, OWNER, City and First State (lank Denton, Texas hereafter called "Escrow Agent", agree as follows: 1. Amount, Owner, as a condition to receiving building per. mits for property loca;:ed at 201 S. ExposiAlon St., Denton, Denton Ounty Texas 76201 shall deposit the sum of Six 'Thousand Nine Hundred Sixty One anu No/100 Dollars 6,961.00 In cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more parta.cularly described in that certain development contract dated the 2601 day of Atuqust ___2 1993 between the City, Owner and Owner's Contractor, to which reference is made herein, 2. Notice of Deposit, 11o 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 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 watt, 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. f (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 sodlongrasetherreaccepted by maining funds the City treleasd Bare sufficient to complete the coristruction 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: Austin Baler 201 S, Exl>osttion, Denton, Tx 76201 ESCROW AGENT: F rst StaLe Bank 11.0. Box 100, Denton, Tx 76202 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonli_ ability 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 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 l 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 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. 6. Successors and Assixns. 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 IN WITNESS WHEREOF, the said city, Owner, and Escrow Agent have signed this instrument this 26h day of Au~twt 19 93 CITY OF DENTON OWNER J BY: BY: ESCROW AGENT BY., CONTRACTOR BY: ~ ter" PAGE 5 i LL - Cn~1l1ET Pays No VI 1 ply,, 11. U. Hox nE>0 n Argyle, Texas 782?.6 1f,A Offloo (817) 3800780 FAX (817) 38?--8974 G coH9TRUcTION, (tic. iRGA7l5~ti Ld je 1~ S PNON£ STnEI CA1! ace-~ NAME 811 3 2 Q..- 566 ____24-93 CI -...~...........r TY SrA1IANaiipcooF -Austin Bake~ales~ II1C, Joe LOCATION nricNllECT - 20J. Expos l ti on Mtn 5 r . OA T'•, QF Pi~AN5 toe ►11ONI WE ritnEaV elleMli ePIC1FICATION3 ANbE Denton axos STIMATIS Fun ~yievf ~ r Si.te._ 1 n~r:ovnnlents- Supplying labor, Materials and equipalent to complete the following, L. Excavate 0l city sidewalks as shown on sidew4lk plans, dated January 81 1990. Job #890149 by Metroplex Lngineering, 2. larrace existing grade from new sidewalks to existing building on Sycamore Street, 3. Supply labor and Materials to comlplete sidewlks. 4. Supply labor and materials to complete approximately 100 L.F. of curb and gutter on north and south and of parking lot on Exposition Avenue, LxcIusions; I. Seeding or sodding Engineering of any kind E fIn tf: `i 1. Property corners to be established by other;, It Is agreed that in anlving a1 the kbove prices for labor end materiels it le conldmplnlod by the partles that the same will be paid to the order of RAC CONSTF JCTICN, INC. at lie place of buolnoee In Denlon, 'Kelies, promptly as provided Wain, and In Iha event same Is not so paid we r,gres to pay lnforeat at the highest lawful rile on some amount from Its due date and In the event the earne In onllnoted throrph null or through an Attorney, the Probate Court or Bankruptcy Court, we agree to pay a ronsonabte attorney's foe thereor 1 Of $f tipAU hereby to lurnllh melerlEl end Isbat » complete In acohrdence withebeve lpecifieluorrl, for the svm el 1--1I~.S4tisl A .nDI A9ASKOLLFOLLOrddN/9sixty ne dol tars and no/100~~- dollen Is ti, 961 00 PYME NT f0el: MADE r All mel/ri11 it eVIrlAleed le I))e as MOCllrld. All wo, k_I" bb/ collqmleled In a '~+++nrw.w vlorkmlyd&l mInner Ietoldlrro Itl III Ird Rr/ellell• An Iltenl n er devbtbn from eboyc /pecan ,",...In.."111; lens applh will he ewteuled V-16 ' Only UPOn wrlll h OldIrI, Ind w111 became en Iwrr/ 0Mlrt► nvtr Prod lbove Alen Oluilr I ' 1111 /nlIlnell All1eI$Fm~1lAtt nonlrrhln u n Will", a ld ml or dellyI C lar Ar' 1'25 en bevoW Our tonitio . pWA/r to elrr tI . te r ~~dkp Md 01T,1r plc/epf y Nbyote; Th1101 N1m lb1 Ingiin Our wmktrt lu fuliv teveied by Wprkmen'e Co ",C: ik+n wllhdrewn it w n01 eeaotMIA M.___^, 1 tlnvl Artrttxntr at ralrfraaNl C end cnnd ION He fellnle Orv end IN her bhvylistidlfdllR~nu prrilini1m01 ~(r 1 Irod Io do the work et y,leafed, Payment wilt be mrde wr oullfnod Ibovl Eleeolure ~ s OIrI nl Acc►Mence_....-.._~~ " t .f r .n {F rr r nxw itj a 9t'-lM~. aSltltl N L7 N II It ~i ~ z n In !'1 11 -7 fl fIA~ D n~ I FJ Itf r k J . n 1 i tj ~ l){ N ~I L Ir ,t ` N it L ~ r N r ) 7 kk ~ m l Il It kY/HIS 'y M I. y W , ~11T7 TT' _ ''t►1~ {5~~11n,. f~ C.,' S '.f:.-..a K r W Tl P~ \y v I \\~.r. \ rr~~ y~\1I \ r 1'°i'-NIN _ y rJ lJ 1 1 l z~i'-er KAx ^I 01 9 y~ ll II ' - M ti AI LR o Z -,~C1T OD rQi a a Z C ~ U] J X9 • ~y r w c - IA x--------- 0 z G1 e n; _ x n y N J, C7 ~ r 44JJ : ~I ^ ~ JJ 5 C,.v. rn ~ v ra ~ ~ Q n rv n P ci ~ ~ ~3<<' H 'D rnN r ~"~j UX ~yMj DDD T 1111 pj~ u P M} ff 6 g~• ' In 1 I) nay \I f i J~ I I Pt i U i b ~ SMC OF 1.01 L 1 2 5TA 0400 E-N ANU N-S ~ I cri C: U OI f rr1 I • I G I t+ Gl q If N -J iJ -1 ,a t,0(rq I ,2~y I ~ I fIU51 b ~ I d •'9 J- N I r ~ ' l I r I ~ C~ U r~ P' ice. f _ _ _ ate! • t Ot{P---------- - GaAs - - Mkr. ~~a s , - a~I P ~ ~ a n -i a n - ~ ti\Zr M? C~ R ~D ~n i • OWN ~ ~ • • ~ ~ ~ ~ ~ ■ --^--111-_~ 5' R.o.w .fer r- Q4"C7~5UA/y'P ~r~:~T''.~..~~ GscrS[//tG8/'W4{P/ S 67 37 t I 1125.E ` ~2~FIQ b - -.J a~ . , Mk k INSTALL... r"; of t %J 2'' LJ.M. Gay) Di CAL i _-'u r ~ t i I n r. 1 i t _ i i - '=3~++ ~ r ~ - -1 i ~ r J ~ ! i. 1 i I i i ate., I v.► • / OV&-iAiV GTE . (817) 381-9300 Sanwons Cable Williams Tele, Comm. Group (817) 566-2901 1-800-248-0133 8" WATER LINE EXTEN (TENSION in FINISHED GRADE- _ SPENCER ROAD oao~~et SAD MECHANICAL TAMPING IN - 12' UFT PATH APPROVED to serve VATE.JA1 1S ACCEPTABLE. FACE Of CONC. POURED Q ~ •~+r) LONE STAR PAR 3 ADD FLUSH w/18ELL (OR AC 2500 P.S.I. CONC. AODMON COUPLING IF MAIN IS REACTION RING H, VON KMH IN THE I AC PIPE)- - , R• PLUG BLOCK r ~%I MARY AUSTIN SURVEY RVEY A-6 GRANULAR EMBED- MEAT APPROVED BY os CITY OF DEN ON b ENGINEER FOR P,Y.C• WATERMAINS GRANULAR EMDEDMENT "?SON k?PROVED BY ENGINEER FOR OUCTLE OR CAST DENTON COUNTY, TE) IRON WATER MAIN. 'f FACE UNDISTURBED ' 4' EARTH CUT J y. b' ROCK CUT MATERIAL 1 120 SHOWN NI_ 20' t_ 1RENCH_1MpTH G & l Q, % / O ONPLANS nsultant NOTE: EXTEND REACTION RING 12' BELOW SITE PIANNING • PLATTING AND 6' ABOVE PIPES CIVIL ENGINEERING y r LANAI SURVEYING WATER EMBEDMENT DETAIL REACTION RING-LINE STlJBOUTS P.G. Box 1396 • Lewisville, Texas 751 REV. City 6/1/93 (214) 438--0712 DR/,WN BY: RA'.8. fIATE: 05/07/93 SCALE: 1":=2 i f i t .1 i =j J F M a I 1 I j l A VENUS" , 7rC 6 r mod. ~ .O W K A m m N HI w Ft r ~ I \1 Bur ,~~n Z 2► IJ A y 1 rn r o O P ooco U oo ~OOOOO ` V OpOVd 0 y % 11 U O C= Q C7 O aO G C~ °°~~°°~oa M tooooo~G r aoDON I I AAA-C29 PROJECT NO.~ ~T'Y= CONTRACT NO. 1682 THE STATE OF TEXAS § 1 1 D VE OFMENT CONTRACT COUNTY OF DENTON § Whereas, Ben E. Kel th Beers hereafter referred to as "Owner," whose business address is f 7001 WIII Rogers Blvd, Fort Worth.,_ Texas 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"; L 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 anotker 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 r Cx ] Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Cnburn Constrtictlon E Contracting , whose business address is / 4800 Bryant Irvin Ct., Fort Worth, Texas 76107 , hereafter referred to as "Contractor"; and I 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 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 install,,-,d and. constructed at 2801 I,H. 35 ENorth, Denton, Texas 76208 the owner, contractor and City, in Ionsideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor, contractor agrees as follows: (a) ,gpgcificatigns. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard Specifications for Public Works Construction North entral Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 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 Enaineer 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 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 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, 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 Sgeciftcations 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 Cons nu4ction. 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) PYformance bonds Escrow Agreement. That if building permits are to be ibsued 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 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 Texasl or, PAGE 4 (ii) if the Cost of completing the Improvements, time building permits are at the 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 es the CityrowEngiagneerent, may be deposited with a bank as esc , pursuant to an escrow agreement ensuring completion of the Improvements, without exception, the City's escrow agreement form shall be used. (b) Payment Bond, As§ ram- o f P Y That prior to acceptance of the Improvements; (i) a payment bond will be furnished in an amount not less than one hunured percent (loot) 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 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,14 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 f connection with or labor performed and material furnished in Improvements have been the construction of the agthat are no unreleased recorded d liens u filed and ainsththe 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 who performed labor on, or supplied I PAGE 5 ' I I I , i 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. i (c) 8etainage: 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 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, PAGE 6 I. 'i lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Song. That prior to approval or acceptance of the Improvements hr 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 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 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 Controllina. 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 I 3' 9~~anoY' One nt DeVeln me t . Owner further agrees as follows: (a) That owner will not allow any purchasers, lessee, or other persor, 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. I (b) That if this contract applies to a "one lot development," as defined b ~ y 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• C~Venants of ~i+~., That, upon proper completion of the Improvements in accordance with thin agreement, the City agrees to accept the Improvements. 5, Ven a and Governing L;a, The parties herein agree that this h 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 i Ik 6. Successor Aid Assians. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, :L< day of OWNER CONTRACTOR BY HY - l ~y CITY OF DE ON, TEXAS Y. AGER ATTEST: J N bER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BY; PAGE 9 ,i 1 n k. i% I~ o~°~~oo°a~ oaD a°00~°00 pp ~ ro ~D O ~ ti O p O O ~ 0 Op~OOQ~ r o H t 0 ~ooO00 °0aaaaaooo° r" I P.02 ' A~.A019DE 1~ROJ~'CT t:o. 92050 CONTRACT NO. 1687. PERFORMAIICE B011D THE STATE OF TEXAS S KNOW ALL f1F.N BY THESE PRF,SENTS: COUNTY OF DENTON S That, Coburn Construction & Contracting 1 )f ` Tarrant County, Texas, hereinafter called Principal and 'Contractors Bonding and Tn5Urance Compai_~ a corporation organized under the laws of the State o~ W-as Tngton i and authorized to do businens in the State OE Texas, Mare natter 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 _Fifteen Thousand and _ no/100- (S 15,000.00 Dollars, lawful money of the United Statas, for the payment of which sum well and truly to be made we bind ourselves, our heics, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that., WHEREAS, tho Principal entered into a certain contract with Contractor, dated 21st the day of August , 19 93 , in the proper performanoe of which the City of Denton, Texas,--K-aa an interest, a copy of which is hereto attachad and made a part hereof, for the construction of; Sidewalk Improvements at 2601 I.N. 35E. North, Oenton, 1'exas NOW, THEREFORE, it the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the "ndertaXings, oovsnanta, terms, conditions, and agreenentx of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE t NOW, THEREFORE, if the Principal shall wall, truly, and faithfUlly cause to be performed its duties arid mae er CaUu Contractor to bake prompt payment to all persons, firms, sub- contractors, corporations and claimants k supplying labor and material in the prosecution of the work provided for In said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, 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 THAT said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect ita obligation on this Bond, and it does ofchange, alterationior addition to theytermssuch contractr,sornto the twork to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 25tF day of August , 19 93. _ _ PRINCIPAL SURETY Coburn Construction & Contracting Contractors Bonding and Insurance Company _ J BY!... Byl A ORNEY-IN-FACT Sinku ATTEST! SECRETARY r1OTEt DATE OF PAYMENT BOND MUST NOT BE PRTOR TO DATE OF CONTRACT. PAGE TWO ppl{Oly1) F PROJECT NO. 92050 CONTRACT NO. 1682 PAYMENT BOND THE STATE OF TEXAS 5 COUNTY OF DENTON 5 THAT Coburn Construction & Contracting of Tarrant County, Texas, het,eii after called principal and Contractors Bonding and Insurance Company I a (~vrporation organized under the laws of the State Of ~Idshj t r. IIII a.id 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 unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, struct:res or improvements referred to in the attached contract, in the penal sum of FiftPpn Thousand-anti- ja44ZU (9 15,000,00 j Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of well and truly to be made we bind which sum w and successors,jointly vand severally. THE Condition of this obligation is such that: WHEREAS, the Principal entered into a curtain coitraacctuwith Contractor, dated the 21st day of Au -t 1 in the proper performance off`" ww ich the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a 1:3rt hereof, for the construction of: Sidewalk Improvements at 2801 I.H. 35 E PIorth, Denton, Texas PAGE ONE 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 agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice oC which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this borsd, 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 WHER£OFF this instrument is executed in triplicate, each one of which shall be deemed an original, this the 25th day of _ Ag(Wtst , 19 93`_. PRINCIPAL SURETY Coburn Construction A Contracting Contrar.finrc S uran pntling..dnd lnti.~_Compan; Ryl A ORNEY-IN-FACT Linda W. Sinku ATTEST! secReTARx NOTES POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO I LIMITED POWER OF ATTORNEY READ CAREFULLY AND THE OESCAli THE AMOUN1SC COMPANY ACTORS ITED POWERaOF ATTORNfYAANEERASURE WILL VO D ?NIBS POWER OF ATTORNEYDIF YQU HAY E At`tDY QUES IONS ABOUT ORTWA TTTON FOR THIS RLIM XAS VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY IN IRVING. TIi and AT (807 x 1 1 22 ` T373~i 9ndNn._T 726-_ Penal Sums $ ! 5 r 6 O.01) AumneYNO. 8.2 Power No _-----_-----$7 2 5 19 3 2 9 4 Dale Approved'. Lmited Power of Atlor Y E v~re Robert E. Blaa4cbum Ap Pl ovi by: iwnt NUnN-_--- l>:araWUl ofpnnO paI;COBURN CONSTRUCTION 5 CONTRACTIIIG Name 91 Obligee: _C1TT-~E'CTON 1 TE~T~~ ~'f" Y-STScWaLK~ ZII~A'n_ -7=, 33E RJR' ~ ~Nq~~ TEX1i~"--__ Loul,on!!APDIiclble)t - - 1 ot'vi tapf'votlom narMmrw to t 4capgnhon uirQry~np~dandms~lhngvLoLtfi~$lpt+4.Vf1{I n a ' ~~L?H W r ~ l NICU w i' UUII~t lW{Jrt r " KNOW A41AGIrYTM1111% PRG'9WM mAf70NTTMt;I0R8rOf171'1GAND N"ANC6 TR \ in seas", mingcounly, mImngle". dal by""Pmwms maMo.eAnaHiM end Appoint its tu• Md lawful Ntarmy+Nacl we h full Paw and Aulh only hereby Willi in ma no.", P law and flaw. PC Mae ub, adtnowMdpA a M da IMr mw bend(s1 doer? a eaw.: And b bindMa Ca m pan y Itwaby of luliy Any; o all thill by it$ 1 11: and to rhm lane gwMUdreh loco boM was sipne6 by MaPraexfant srlad »rth rM aaporaSm waldtMCo mM yraard olh0uadoswdCO M~fORBhfiONCiHD AND ndcortmiry ell +r. mey do m IN pwnwa. 911d appoiMrrwm a nrda under and W aurnarny of IN Inlowinq mdunom adoprd by of INCoDMstmYPeaidardYadsar0dtoa to now LINDA W, SINKU with PowMd AVrhailyto al behalf olmwOpmpanyMOM Wstybondawnichmry "in homhmabnowmebeapprpratedbyRobarl4rWbvM1intwhy»nlwmsandaaadrgtosucnwrdAl onsto may baappAVadby gobertE Blackburn, R¢SDLYYTRJRTH01 MMasdl Paw of Amomy must the loon Ma spi dwimpoom at the bond townich a appi" I" nstnmol Ma principal, his name of to aios, IM Will sun IN bond n u n`lad, MaidennfY+nq of H+eAow olAttorrwy, and Ma nammard signature of Reboil & Ysckbur n; and may (axoaplbr a tad bondwAen owe if me number?, the idivin lyl nq numbso, of me number Hlanay+ II I" IN dNaphM Md Amours to sddy io al MAW era of ColYYral. A any. YHion ddefa the Wwr otAlfarrry MdromodihthNdaHhom Emarotmaxe RoEM¢rYCMbul ndwmneuux'Y MWIYYriffi RmYt robinLMatioumis Aurhoroed it Assail A mperifa app M his ado 402006; IN appinbMeiSiraYon ee+. to to Nwrfy sai m any wrdlw+Pow of Atom". n!Yna, a ambiivnon ArrDl t and po I11Y1 Mal, bow (us. a and lrirnrnedMeh'n in arms land fdm+l **xW 1iA0ADD d Mnd is qu IawMed by Me 9 mill rum o!w Administration; I the DMN sum of My pyr.M Vaanasiy rObunsolAnMavyn+a, geno Mdco bid bond whmhianolqusnrtMdbytMtknll Wsmael ois nt~ eembmngn porlimomol ondpynnMbonid Irk evarkmrna and Jdmirabmdnadtrendyurn lov M axau+Mn es mwd l for a job Wrwi wrwfwk ~ 41h IN co roMrsd : mili a o amwwardarhan4 e the bid d fend bond pawfilchroMy on any n+l soyrr oarfomphrmrroe adWdau bond, N( D+Mr o paymeM oWOftm to oM bond forl to Iw swulsd l aul to do bid bond it b►xasdlD.ybDAEQ. limes mst IorM in MaimmadYMy Damns resolution la any bond in in mmovM agud to the ar~LVYunBRTAY lose m1a above m A Of Of of of any my Y whgranted , Year WI p of credit credit end Of aulh 00 Air onty aalawMy reArmeudstvsmud is od is oysilaEY pNrN anel ' sacwRy by tools Oompny e s imduamwM to is I(* mw bond to long a 1 the Qaa1PNn and tnduMOl Mya*diMNa+m wi nawana to Ma Mlou of d iddfh'omol rommourMf:e OF coPaMrd Are so forth Ni IN Power of Amamry. lgirsid Remyro URTMY~MalmreuManlydM►9weteryollheCartpmytotarl Yaurhor iuryoAdO N4mmoealmoll rIONerWlvbf in Any pLinnood rweb d9ltionradINWmpan ¢ bow" Poison, Ma mgnan+w d the bmowlnP b 0 nor Ma Company wen MAW to IM aullosmb y nyl rwd*WM KWLYY9INR1Wthat thos{ynsluwfindlai titan afionthatINPower art Adornyit villinforce and OWJofFN Asia a Is waNrhensrrwaallP bAndIN"riAndNwdPoeatsJ~nay bill on nvyUnstadPower dAf asyco~i"this a WthslorApoing wwVone a a wall so the Upheld Pow at Mommony Mahea pj Man llnm noaagada. GOMPANYSIwronuMd?INNP~'bWMpMdbyRalwrt¢.rwayd"n,"mosoorporab"dtol RrIDLVWFIMfNYIthQmlQ►ml ~ TORrrONOWQAlWINIURngANCIN Istervis i Palmed lah"it Adopted foral to "day 1N marvolo ~May E 7".1 ~`1 3 r CONTRACTORS BONDWO AND INSURANCA COMPANY ,,ttt lM _MoC AMD Idll flip 0 Pi r' SEA~.rj STATrOfT¢XAS-- COUNTY Of DALLAS ~S N I N Gl rwsar latlvu od tsla oppol.tfon that exam W tM fatagoln¢ LIrNNd Power of ant/04/93 Aidammol ~dpprd ismald l.ondlyapvalPower Plobact S. ofAtom"tosum wrrw+~NO.ATO. d nar.YrnwntioMd. aridwlh 9~ lfwt WV We d b to wa~ ddi 9 n Power of Attorney. ad and dead of 2Nd corpoto0ion, for tl+e uswa and purpose+ day send yen Aii above wrMan. IN WITNrS6 WlfrRrOF, I haw flerau Lwj Pudtor trw of Taxh I" al yea PANY,tww klyoartiflues.orsor nI'wuofCortilwdo TMundersgrlad,actln undarauMorHYolthat RANCECOMPNTRACTmus obi 01NOANDisaNC¢ olOdGirwdPowerofAttcrn°Y oitYwE~aNUyoICONt'RACTOR990NDING ANDAN0 INS 1NflURAONd Paw~Ano~YNand ~fI~^O°ring aandafull, K~ d~car.cdcopY ivauad by aaW Cerrylany, and do** IwAby unbar oafttfy 1 *0 this Zn-,- day of AUG19_? Z -44 OIY¢Nunder harwf,Ml-T~t1 X _ A10,00ZNA, i v ~ ~ COBURN ~ CONSTRUCTION & 1. CONTRACTING TO: CITY OF DENTON EXHIBIT "A" I GENTLEMEN: Please let this letter serve as notification that the costs of the "Improvements" at 2801 I.H. 35 E North, Denton, Texas 76208, which shall be dedicated to the public, total j $15,000. I Sincerely, C B -CQNSTRU N CONTRACTING Douglas E. Coburn ti President I 4800 Biyant Irvin Ct. 1-1 Worth, f exas 7610 • (£317) 737.3903 r OOOOOOOQ Ofdd QQ e DOOO~ p ~ 01. d D a C3 C y C~ coon 4 I AAAOOD97 PROJECT NO. CONTRACT NO. THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas Eagle-Picher Automotive Grount Orthane Division hereafter referred to as "Owner," whose business address is (P.O. Box 1398) 1500 I-35 W. (At Airport Read) Denton, Texas 76202 r is the owner of real property located in the corporate limits of the. City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be 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) U 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 Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Northplex, Inc. 535 w. Purnell., Lewisville, Texas 75057 whose business address is hereafter 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 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 1500 r-35 W. Denton Texas 76202 Exhibit A: Easement sidomlk installation-reference engineering ((;&A Consultants) sulxnitted site plan, , the owner, contractor and city, in consideration o)' their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) Specifications, To construct and install tha Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard IM Specifications for Publ ri~+!orks Construction. North GSntral Texas, as amended, and,all addendlims thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) ~thority of ty Engineer inspections Tesfs and ` 2rd=. 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 specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performe3 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 4 replaced at Contractorts expense. t 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, the City shall have no obligation under this agreement to approve or accept the Improveme.: is . PAGE 3 (c) ura ce. To provide for insurance If, accordance with the insurance requirements a pplicable to contractors as for in Item 1.26 of Division I of the g provided WnrandarMi~tion r-- Cons Cion No th nt l provisions of which are a' as amended, the xprossly incorporated herein by reference, provided, boriever, for Purpose of this provision only, "Owner, $I ae used therein, shall mean the City of Denton. ~d~ Means~ind Methods of Cn~f,- methods of construction n o . shall be such as That the means and subject Contractor may choose; however, to the City's right to reject any Improvements for which the means or method of construction does not judgment of the Cit in the Y Engineer, assure that the Improvements were constructed in accordance with city specifications. z• HjLt e 60 O-~St4 Contras*nr. Contractor mutuall Owner and y agree as follows: (a) ~dnCe H(]htic • Escrow 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 Otone lot development," as defined by City,,s Development Code: (i) a performance bond in an amount not less than amount ned bsarY Lo compl the determi y the City ete the Improvements , as guaranteeing the full ands faithfullcompl submit tof 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 (ii) if the cost of completing the time building pdrmits Improvements, at the are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary Co complete the Improvements, as determined by the escrow ngi ee r, may be deposited with a bank as r agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the Cityfs escrow agreement form shall be used. (b) pa cent R0 a. *a,urance of Pa -a acceptance of the Improvements: nom' That prior to (i) a payment bond will be furnished in an amount not less than one hundred percent (loot) of the approximate total cast of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants sup material for the construction oftheiIm!-:olab~r ementsa 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 k.,tract amount of all Improvements is $50,000 or 1 as determined by e Engineer, or th,, Improvements, regard'essh of Cthe 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 Rnv and all debts due to any person, firm or corporation having material or .both in furnished labor, the construction of the Improvements shall be before acce fully paid and satisfied ptance 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 he dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied ,AGE 5 v r material for, the construction of the Improvements, and, when requestbd, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainaae x{ t ia~me~1LS. (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, materia.'s, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Fne- UMbr nggl. That upon completion and approval or acceptance of j-4e 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 cle,im, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure 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 ~l percent (10%) of the contract amount of the improvements, insuring the'repair and replacement of all defects due to faulty material and workmanship that appe-ir 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) Indemnif;cA*{on. 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 parson, 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 of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growf.ng out of such injury br 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. PAGE 7 i i 3. 4ccunancv• One Lot eve op nts . 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. Qgvenants o CLtv.,. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and ernina L.aw. The parties herein agree that this contract shall be enforceable in Denton County, Texas; and if legal action is necessary in connection therewith, exc.:usive 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 6 6• A~Mzc! seor This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 24 day of Ma 19 93 I OWNER Eagle-Picher. I Orthane Division CONTRACTOR rthplex, Inc. yer - BY: - ro eC t rktager CITY OF DENTON, TEXAS Bye CI MANAGER ATTEST: J IFE WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHh CITY ATTORNEY BY Derr L.AMBEAr Profs& WmaoN C D Y 211 VC I10Y 0 I4 104 R1 u 6E YE1 it C06111C IDY! b96 W. PURNELL 6 L EWC/YILLE, TX nK? - 21*4"64, FA% 214126,1212 PAGE 9 I 0oOO O~ooO~C~ova 40(JGppO 0 C3 O ° " O ~OQOOOOOp~ N Q~AoOOOOO~ oaaa V AAAOOD97 a PROJECT N0. ' "O 3 CONTRACT NO. -e~- THE STATE OF TEXAS § DEVELOPMENT 9ONTRACT COUNTY OF DENTON § Whereas, Elm/University Joint Venture hereafter referred to as "Owner," whose business address is 8525 Ferndale Rd., Suite 2090 Dallas, Texas 75238 _.._0 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 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 prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or 4 Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with AZ~01,e (1163„1 :,.>>7.c:?~~. whose business address is l c)ri r'K ~)r/!=rJ r~ ,ail, T j`jC Si. hereafter , J~ referred to as "Contractor"; and fE 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 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 7 LJ 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) Sneuif{cations. To construct and install the improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City~s Standard Specifications for Publ Works r~gnsruction North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such PAGE 2 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 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 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, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 E ,r (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, howover, for purpose of this provision only, "owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construct on. 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 Covenantp 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 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 (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 ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, 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 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 u complete list of all subcontractors who performed labor on, or supplied PAGE 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) getainaae: F raj aavmen-s. [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 ..pproval or acceptance of the improvements by the City. The Owner Enall 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 w 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, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure 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 (108) 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 F 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 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. PAGE 7 I 3. OccuR ng-y: 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 i.f this contract applies to a "gone lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the I improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building ~f 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 Governi maw. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection t-kerewi.th, 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. Successor and_Assi ns. This contract shall be binding upon and inure to the benefit of the parties .hereto, their respective successors and assigns. Executed i•.i triplicate this, day of J. 19, OWNER CONTRACTOR BY: BY: I CITY OF DEN;PON, TEXAS / j BY: AN AGER *IY ATTEST: J IFER ALTERS CITY SECRETARY APPROVED AS TO LEGAL FOP.M: DEBRA A. DRAYOVITCN, CITY ATTORNEY i j 8Y: PAGE 9 1~.33L PROJr',CI' ~+0. COYT,~ACT ;40. THE SPATE OF TEXAS g ESCROW AGREEMENT IN LIEU COUNTY OF L`h.:vTO:i y OF PERFORMANCE 80ND (Development Contract-Improvements of $50,000 or Less) WHEREr?: Is W- h'ill.itigtia11 T.TI v hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial Jurisdiction; ,nd :'UREA: -)wner has, pursuant to tree 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 wtiich are to be dedicated to the public, hereafter referred to as "Improvements", are constructed a..d completed La accordance with the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes i 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 $50,000 or less, in lieu of posting a performance: bond, escrow cash money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; IHEREFORE, OWNER, City and AbramS Contre National. Vank - - - nereafter called "Escrow Agent'', agree as follows: 1. Amount. Owner, as a :Qndition to receiving b buiidinF; per- mits for property located at - l06 It'est llniversit Y, Donton 'T 1exas shall deposit trte sum of One Thousand F;id}~t_Ilundred and No/100----------_----- ($_].,800.00 in cash money, with Escrow Agent, said sum oeing in rn amount, as determined by the City, necessary to insure e comp!; tion of all Imprc-vements wnicti are to be dedicated to the public; said Improvements being more particularly desr:rioed in that certain devclopmenC contract dared the day y of March 19 9~) between - , the City, owner and Owner's Contractor, to which reference is made herein. 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 Agent. 3. Release of Funds. Escrow Agent shall not re cease 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 c ompleted and approval in accordance with provisions determination of of t which shalbe development made nbyathe City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, auth-,raze, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved ar 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 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: W.w Willinriham TIT _ ✓I 6525 ^erndale Road, Suite 204 ESCROW AGENT: Abrams Centre National Bank P•U. Dox 749200 Dallas, '1'X 75374-91,00 A n: b1 1. hove 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonliabilit of Escrow -&e -nt . 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 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 deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereiinder 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 sub8cance satisfactory to the Escrow Agent and executed and binding upon all interested parties l 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- 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 c-)nnection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 y IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this C day of March 19 93 I CITY OF DENTON OWNER i BY: BY: t~'. W.iL.linct aIT1ITI I I ~ ESCROW AGENT ABRAMS CENTRRt- NATIOL!j, BANK . BY I PAGE S 11HF'__lt_ a. 71 E. ir-: 1 I I i5k7;.'!11F,L ~1N ~~~J~i-1a p 1=~1 Eom4oMERCtAL BUILDERS 1101 N. Carrier Pkwv„ Suite F Grand Prakie, *remw 750150 Metro: (214) W-M Fax: (214) 262-OM EXHIBIT A March 30, 1993 Mr. 13111 Willingham, III E,Im/University Joint Venture 9325 Ferndale # 204 Dallas, TX 75238 RF: Blockbuster VideG 20b W, University Denton, TX Detar Mr. Willingham: The cost to construct the public sidewalks for the referenced facility is $1,800,00, Sf' you have any questions, please contact me. ~j Sincerely, I William S. Moore WSM;Ja cc; David Ayers, City ofbenton ~~f ~~r ~1. ~_L~~~~ F p <v~ / ' t t o J - ~ 4 y ~ ~ ~o ~ ~ a~C~ F r ~O On,~ ,y ~ + O`. ~`~~caaacoc~°o f ~ r.J AAAUUUVi PROJECT NO. y3 CONTRACT NO, THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, EPIC Development Inc. hereafter referred to as "Owner," whose business address is 3333 Lee Parkway Dallas, Texas 75219 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 ensure that ~J all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to tte 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 Ih without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" 1 or "Contractor" shall mean the Owner as named atNove; or Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Austin Conmierclal, Inc. whose business address is 3535 Travis Street, Suite 300 Dallas, Texas 75204-1466, hereafter referred to as "Contractor"; and , Whereas, OwnL- 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 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 b} reference, to be installed and constructed at _ 3535 135 East South Benton, Texas 76206 I 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 standards 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 such Improvements, sud PAGE 2 a specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b} Authorit o Cit En ineer; rns^nctions, -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 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 specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. J Upon failure of the contractor to allow for inspection, to test materi.al;: furnished, to satisfactorily repair, remove or replace, if ro directed, rejected, unauthorized or condemned work or materials, or to follow any other request or -4ider of the City Engineer or his .+_•epresentative, the city Engineer shall notify the Owner of, such failure and may suspend inspections of such work until such failure is remedied. If such fai?.tire is not remedied to A 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 Ceztitral 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 Improvement:: for which the means or method of construction does not, in the Judgment of the City Engineer, assure that the Improvements were I~ 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 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, PAGF. 4 (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,oo0 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 ensuring completion of the Improvements. Without exception; the City's escrow agreement form shall be used, (b) payment Aond Assurance o a e That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the improvements, guaranteeing the full and proper protection of all claimants supplying labor material for the construction of the Im r'vem ntand 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," j 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 f connection with the or labor performed and material furnished in 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 who performed labor on, or supplied PAGE 5 r i 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) petainaae; Final PA=ents. [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 delicated to the City, to which they are affixed, the owner and Conrraactor 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, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure 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 accepta~)le 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 I ~ executed by an approved surety company authorized to do business in 1 the State of Texas. I (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 i 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 of the improvements; and shall pay any judgnient, with costs, which may be obtained against the city growing out of such injury or damage. (g) Bareement Contro>>;aq, 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 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 $3,400.00 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'. 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 ownezw shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public I 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 ,jnstrued in accordance with the laws and court decis<,ons of the State of Texas. PAGE 8 6. Successor and Assigns. 'Phis contract shall be binding upon and inure to the benefit of the parties herato, their respective successors and assigns. Executed in triplicate this, 24th day of August OWNER EPIC Development, f CONTRACTOR Austin Commercial, In,;. BY: BY : ~~W( WQI2MlG~ 7 antis Sapienza, Jr. Facili es Manager Steve Warwick, Vice President CITY OF DENTON, TEXAS B'~:, / -rp~~> lam, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL, FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY - C/ BY, PAGE 9 _'F''! FFf:'hl -1_if riCF UTIL1TiE_IF Ti i hL15T 1 Pd UI911E=FC1. f`. 5 I-V1BIT A SUPERIOR UTILITIES, INC. CONTRACMRS July 19, 1993. I Austin Commercial, Inc. RE: Water b Sewer Utilities P.O. Box 2879 Denton Regional Medical Dallas, Texas 75221 Center - Phase I City of Denton, Texas Pupil is Work Attention; Peter Durbin Gentlemen: We propose to furnish ali labor, equipment, and materials required to install Water, Sanitary Sewer, and Storm Drainage facilities for the referenced project in accordance with unapproved plans prepared by Wier & Associates, Inc., as follows: F WATEF; 1 4" DR18 PVC Pipe w/Fittings 44 If $ 16.00 $ 704.00 2 6" DR18 PVC Pipe w/Fittings 120. If 18.00 2,160.00 3 8" DR18 PVC Pipe w/Fittiings 2,292 if 20.00 45,840.00 4 8" c150 D.I. Pipe 18 If 24.00 432.00 5 Connect to Existing 8" W.L. 1 is 300.00 300.00 Stubs in 2 Locations 4" Gate Valve 1 ea 500.00 500.00 6 6" Ga.e Valve 6 ea 600,00 3,600.00 7 6" Gate Valve 4 ea 700.00 2,800.00 8 Standard Fire Hydrant 6 ea 1,600.00 91600.00 9 Coordinate Installation ot,4" 1 is 500.00 500,00 Water Meter & Vault by City 10 Waterline Ductile Crossing I is 1,000.00 1,000.00 11 Trench Safety Systems 20 If 1100 20.00 12 Erosion Control I is 200.00 200.00 13 Stabilized Sackfiil 366 cy 20.00 7_320.00 SUB TOTAL $ 74,976.00 ~I SANITARY SEWED 1 Connect to Existing 12" Stub I Is $ 500,00 $ 500.00 2 8" SDR35 PVC Pipe 18 li 18.00 324,00 3 10" SDR35 PVC Pipe 323 If 20.00 6,460.00 4 10" D.I. Sewer Pipe i8 if 35.00 630.00 5 4.0' Diameter Std. Manhole 2 ea 2,400.00 4,800,00 6 Erosion Control Faci?ities .1 is 200.00 200.00 7 Trench Safety _Systems 359 It 1.90 359,00 8 Stabilized Backfill 79 cy ,.20,.00 10.00 SUBTOTAL 14,853.00 continued P.O.Box 810545 • Dallas, Texas 75381-0545 • 214-352.5891 , FAX 214.352-3968 i I " l -;_~5-; i~_ i]5:`;af=f1 r-n r;l1 =_'FEIi,i: L~ iL.:TIF=z, IIN~, T[i ~ST11I iiI~P1Ei.Ci_ P,iJ3 EXI11131 A Denton Regional Medical Center Page 2 IV STORM DRAINAGE 1 18" class III RCP 160 if $ 30.00 $ 4,800.00 2 54" class III RCP 1,108 if 1.10.00 1.21,880.00 3 4'x3' Culvert 48 1f 100.00 4,800.00 4 Type "P" Headwalls 2 ea 31000.00 6,000.00 5 Special 5'x7' "Y" Inlet 1 ea 31500,00 3,500.00 6 Type "C" Headwall at 4'x3' 1 is 2,000.00 2,000.00 Culvert Outlet 7 Special Manhole Riser & 18" 1 is 2,600.00 2,600,00 S.D. Stub 8 Retention Pond Outlet Structur I is 12,000.00 12,000.00 9 Convert 3'x3' "Y" Inlet and 1 Is 1,000.00 1,000.00 Provide R.C.P. Lateral 10 Rem Concrete Pavement & Repl 1 is 3,000,00 3,000.00 with Asphalt Pavement at Colorado Blvd. 11 Erosion Control 1 is 500.00 500.00 J 12 Trench Safety system 11180 if 1.00 11180.00 13 Stabilized Backfill 773 cy 20.00 15,460.00 14 Concrete Rip Rap @ Access Ramp 28 sy 60.00 1,680.00 15 Uni-Green Revetment @ Ramp 250 sf 5.00 1,250.00 16 Phase 1A Riser Pipe 1 is 500.00 500,00 17 Phase 1B Sed. Basi:. Drain I is 800.00 800.00 SUB TOTAL $ 182,950.00 V TOTAL WORK TO BE PERFORMED $ 272,779.00 .,PAYMENT & PERFORMANCE BONDS $ 4,662,00 ,ADDITIONAL.,PAYMENT & PERFORMANCE BONDS $ 369,00 GRAND.TOTAL $ 277,810.00 NOTE 1: All Engineering is to.be.furnished by owner or General Contractor, NOTE 2: Laboratory services furnished by Owner or General Contractor. NOTE 3: Water meters and deposits are NOT included. NOTE 4: Landscaping & Paving Replacement is NOT included. Respectfully submitted, SUPERIOR UTILITIES, INC. Billy B. Faust President BBF/gw TC.i17i1. P.~):S 1379L PROJECT N0. CONTRACT NO, CONTRACTOR'S PERFORMANCE BOND }BOND 1C, R4-2862 THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: T gat AtLStln C mnarri 31 Tnr of _P.0. Box 287U I i Texas hereinafter called "Principal" and ~h Agri Coripany a corpo- ration organized under the laws of the State of Texas and authorized to do business in the State of Texas, hereinafter called "Surety",.are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and Epic Development, Inc. 1 _ hereinafter called "Developer", in the penal sum of 'Itoo Hundred Seventy-Sevrn niousand, Fight. fhndred Tc,e and nn/ QO,'--------__ 7'c?77 Rio f1Q~h'nnh'n': lawsul money of the United Stites, to be pai. in Denton c.outity, 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 4t:h day of Aunist 19 93 , (the "Contract"), n copy of which is attached hereto and maae a part hereof, for construction of Water, Sta:itary Sewer "Ind J O)_Tll DraitYlQC 11Tproveoent.; to serve _ Denton Regional Medical Center Addir_.i.on an Addition to the City of bentan, Denton :.ounty, Texas; NOL' TH~REFOR~, if the Principa_ shall well, truly and Faithful lly es, all of the undertakings, termrfs coindtisti covenants, pe, o rm o dnsuti and agreements of said Cantrac [ during the original term thereof, which may be granted by the and any extensions thereof without notice to the Suret City and/or Developer with or y, and it h^ shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City any the Developer from a'_2 costs and damages which each may suffer by rras°n of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the De eloper may incur in making peakirsngons good fi any default, and shall promptly make aym a, rms p ent to materials for subcontractors and corporations furnishing provided for in such orming ct bor nathe Prosecution o the work modification thereof 7 auth , then shall or otherwise to remain in full this obligation stealZ be full force and effect. vole; PROVIDED FURTHER that c this bond, venue shall lie ir. -Denton legal actQonebe filed upon Surety, for value received hereby County T_xa , and one said change, ext:nsion of t me a-stipulates end agrees that no i of he .,1.tzact or to the w°a lon or additio: to the terms _ specifications accompanying thetosamepshalZmedn thane under affee its obligation on this bond, and ; t does herebv waive notice o: any such change, exte'tsion of Lime, alteration or addition to the terms of the Contract specifications, or t0 the wort, or to the IN WITNESS WHEREOF, this care, day each of one of which Aug us t shalll bet its y umemed aneo-iginal, nthislpthe ~ iS PRINCIPAL AUSTLN'' ",TR(,JjV MIC, SECE~ PRO IPA By Steve WarTiick P-0, Box 2819, I),, J.las, Texas /5221 Address} ` CONTRACTOR'S PERFORMANCE BOND/PAGE 2 L ' ffTNE55 TO P INCIPAL 3~~5 bra cy ~,t~ „mil was r7sao~{ lAadress/ i i I f ~ SUR.ETY ARIT'I5H AMERICAN MSURANCF OUVANY tt~ o Y- -ract 3535 Travis, Si.ii.r_e^ 300 Dallas, Tells. 75204 A Tess " w ITS k TGIS URBT2 3.1 535 T TravisSuite 300 Dallas, Cl*! T}aS 75104 lAasress) NOTE: UST-R O NOT F ATTOR PR BE NIOREY OF DSURATEjTYOF COMUSTNTRBcACT, AT"'ACHED. 1),k OF BOND M UST TO CONTRA MRI S PERFORMANCE BOND/PAGE 3 1~78L PROJECT NO. CONTRACT NO. BOND NX). AA-2862 CONTRACTOR'S PAYMENT BOND j THE STAT' Or T---;:AS 5 SNOW ALL MEN BY THESE PRESEN?S: COUNTY OF DENTON 5 That Austin Conwrcia'1 Inc. of P.O. Soh 2879 T Dallas II Texas hereinafter called "Principal" and Sricish American Insurance Companv a corpo- ration organized under the laws of the State of Texas r and authorized to do business in the State of Texas, hereinafter called "surety", are held and :irml~ bound unto the Ci ) of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and Epic Develcnmnt Inc. hereinafte- called "Developer", and unto all persons, firms and coroora.ior.s who. may furnish materials or perform labor for the buiiding or improvements here- inafter referred to in the penal sum of ltx Hundred Seventy-Seven Thousand, fight- liLmdred Ten od no/100------------.._--_^~~ 277,81U,OOtimy'.%`~' lawful money of the United States, to be paid in Denton Count),, 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 Ausiu't 1993 (the "Contract"), r ~I a Copv of which is attached hereto and made a part hereof, for construction of Wa?,er, Sani.tarv Sower and St:orln Drainage InprOVemenrS to serve Denton Regional Medical ,~'ent:er Addtt:iri, an Addition to the city ooon, Denton County, -e ,xas, NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as recodified in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in, said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect: This Bond is matte and entered into solely for the protection of all claimants supplying labor and material in the prosecution o~ C, I the work provided for in said Contract, and all such claimants sh.3.l have a direct right of action under the bond as provided in Article 5260 Revised Civil Statutes and Article 5472d, Revised ..w Civil Statutes, as recodified in Chapter 53, Subchapter I of L-4-0 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 l 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 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 1.4t1i day of August 1993 PRINCIPAL AUSTIN C:O;,!"iF?,RC;IAL, INC. J CONTRACTOR'S PAYMENT BOND/PAGE 2 5 Cf.ET,4I: P: 1PAi.) Steve Warnick V' President P.O. Box 2879 Dallas. Te} 75221 (Address NITNES S TO Pk NCI.AL t actress SURETY I BRITISH AM1, ICAN INSURANCE. COPB'ANY f S~iCRETAIKY ISUFFTI) A..orne} - n-. act 3535 Travis, Suite 300 Dallas, Texas 75204 ~Aaaress N T N E S S A5 TLI SUF,£TY 3535 Travis, Suite 300, Dallas, Texas 75204 (Aa ress) 4 NOTE: PDW-,R OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST N07 BE PRIOR TO DATE Or CONTFJ.CT. CONTRACTOR'S PAYMENT BOND/PAGE 3 BRITISH A:YIFRICAN INSURANCE CONIFANY POWER OF A17ORNEY Corporate 1{eadytarters, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALI, MEN BY TFIESE PRESENTS: That BRrEISH AmFRICAN INSURANCE COMPANY, a Texas corporation, dons hereby appoint: - - - George Hulsey, Tony J. Jackson, Dawn Knight, John P, Olesow of Dallas, Texas - - its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, reegnirutce and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to oind the company thereby. IN WITNESS WHEREOF, British American Insurance Company has executed these presents this day of 4-/-t)_--_, 1993. Ala John P. Olson, President STAT% Or TEXAS ti ('JUNTY OF DALLAS On this .21 day of 19y~, bnforo me came the above named officer of British American tnsunnce Company, to me persururily known to be the individual And Officer described herein, and acknowledged that he executed the foregoing instrument arnt affixed the net of acid corporalion thereto by authority of his office. ~!e KAREN R. HALL t r WY ooraweloal tlinRfa f~I July 6, 1905 Notary ublic In and For the State of Texas 1 CERTIFICA,rE The appoinlnxot is made under the authority of the following resolution, adopted by the Execnlivc Committee of dre Boant of Directors of Brilish Amcriran Insurance Company at a meeting held an the 25th of March, 19811. 'RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint oily one t„ 11ore suitable persons as Attorney(s)-in-Fact to represent and act for and on beh<lfof the Company subject to the following provisions: 1. Andrrwy-in-Fact m:y be e, n toll power and authority as outlined in the Power of Attorney for end in lure name of end hchalf of the Company to execute„ acknowledge and dedivr. tideiity and surety bonds and other bonds, consents of surety, consents to modifications of surety ear C,. .4 may be required in the ordinary course of businass, all notices and documents eaticeling or terminating the Company's liability thereunder, and any such instruments executed by any such Atturney-in-Fact shall be binding upon the Company as if signed by the President and sealed and Attested by the Corporate Secretary. The. facsimile signatures of the offices and the scAl of die Company shall be valid and binding upon the Company to the execution, incaution and sealing of shy insiruineM appointing an Attonrey-in-Fact.' 1, Dawn Knight, Assistant Secretary of British American Insurnnre Com;lsny, do hereby certify that the shone and foregoing is a true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; and, ht« hennoo, the resolution of the BKeenlrVe Committee of the Board of Direours, as set forth in the Power of Altnrncy, is now in force. iN WITNESS WHEREOF, I have hereunin set my hand and affixed the seal of the corpotetion this _ 2401..._-, day of _A 19_93 ~l~J(. ~it,..♦L _ Dawn Kni,v moi>ilant Sv;retary IMPORTANT NOTICE AVISO IMPORTAN'TE To Obtain Infor,oatlon or mike a cornplallltl Para obtener inform,winn o para someloc' Una rfuefa: You may coartact your agent. Puede comunicarse con su agent - You may call British American Insurance cde flarrlac al numero de, telefono Gratis de Company's toll-free telephone num!:a for British ed ed puAmerican Insurance Company's Para information or to make a complaint at informacion o par:., someter una 0(30 al 1-800.964.4242 1-800.964.4242 You may also write to British American Insurance Usted tambien puede escriblr a British American Inssuiance Cornpany' Company at: P.U. Box 1590 P.O. Box 1590 Dallas, TX 75221-1590 Dallas, TX 75221.1590 OR OR 3535 Travis, Suite 300 3535 ;'routs, Suite 300 Dallas, TX 75204.1466 Dallas, TX 7' 204-1466 You may contact the Texas Department of Puede comunicarse cr n of Departamento de Insurance to obtain information on companies, Seg,,ros de Texas para obtener Informncion acera coverages, rights or complaints at de companies, coberturas, derechos o quejaS al 1-800.252.3439 1.800-252.3439 1 You may write the Texas Department of Insurance Pue14 escribir al Departamento do Seguros de P.O. Box 149104 Texas Austin, TX 78714.9104 P U Box 149104 FAX d (512) 475-1771 A05tin, TX 7 87 1 4-9 1 04 FAX # 1512) 475.1771 PREMIUM OR CLAIM DISPUTES: DISPUTAS SUBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your prornium or about a claim you should contact the Si tiene Una dispute coneeinionte a ski prima o a agent or the Company first, If a dispute is riot Un reclamo, debe comunicarse con el agente o la r resely you may contact the Texas Department pcDmpailla uede ontoncesrtcomuinlcno so arse coal of dispula, Of Insura rance. (TD II ATTACH THIS NOTICE TO YOII',i POLICY. UNA ESTE AVISO A SU POLVZA. "this notice is for information only and does not hecome a {fart or condition of the attached Este aviso es solo pare proposito de informacion y document. no se convierte en parte o condicion del documento adjunlo 7 076CL PROJECT NO. CONTRACT NO. CONTRACTOR'S MAIN'PEIJAPIC£ BOND BOND No. M-2862 - (DEVELOPMEI;T CONTRACT) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COLNTY OF DENTON § That Austin Cour erci.al, Inc. P.D. Box 2879, Dallas, T6}$s 7,5221 of Dallas County, Texas, hereinafter called Principal and Britis ; American Insurance CcvpanY a Corporation organize unoer' he laws o the State o Texas and authorized to do business in the State of Texas, hereina ter called "Surety", are held and firml.v bound unto the City of Denton, Texas, a Municipal Corporation, in Deriton County, Texas, hereinafter called "City"in the penal sum of 'Avon tV-Seven Thousand, h Seven Ifundred Eighty-One and no/100--------------------- Dollar (~;-e27,781.OC~'- , aw u money o the tates, the sal su- m b ng ten percent (10%) 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 me day of August , 1993 , in the proper performance oz which the City or Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: - Water. 5a,jj,7 n, Sewer and orm Dra c r,r r u~3„L.~uga or .;j_z to,serve Denton , Regional Medical Center Addition Denton Denton Cou)-Ly, Texa,; CONTRACTOR'S MAINTENANCE BOND-PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (l) 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, breakin0a, 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. In case the said Principal shall fail--to maintain, repair or reconstruct any defective condition of the work as determined herein, it i.s agreed that the U ty may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation, It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it it 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 legs-1 action be filed on this bond, venue shad lie in Denton County. i.N WITNESS WHEREOF, this instrument. is executed in tripli- cate, eac:z one of which shall be deemed an original, this the day of 19 PRINCIPAL SURETY AUSTIN CO MRCIAL, INC. BRITISH )V IIT,ICAN LNSURladCE (:(MIANY ATT RN E} _ IQ F' n.CT - / CONTRACTOR'S MAINTENANCE BOND-PAGE TWO NOTE: POW-H, OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT'BE PRIOR TO DATE OF CONTRACT. ATTEST: i SECRETARY I i r i _J CONTRACTOR'S MAINTENANCE BOND-PAGE THREE I3RPI'ISIi AMERICAN INSURANCE COMPANY Corporate Headquarters, 3535 Travis, Suite 300, Dallas, Ter,as 75204 POWER OF ATTORNEY KNOW ALL MEN BY TIIE,SE PRESFNTS: That 131 id AMFRICAN INSURANCE COMPANY, a Texas corporation, does hereby appoint: - - - George Flulsey, Tony J. Jackson, Datvn Knight, John P, Oisson: of Dallas, Texas - - - its true and lawtal Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizance and other Iherehy. contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company IN FITNESS WHEREOF, British American Insurance Company has executed these presents i 1 this - E .,~L day of 1993, I John P. Olsson, President STATE OF TEXAS - r"OUNTY DALLAS ' On this ..21 dray of known to be the end L d and nRicer d herein, anherom me d ackn wcedge the above e named udodfe foregoing nt British 'sAi earn n Insurance Com .an Ihenro by authunq' gf hie ofTicr.' and aflixed the seal oy, to f mid e cnet~lly qsration KAREN R. HALL WY 00"W"" tantars 1 My 8, 1885 Notary '''ublic In and For the Slate of Texas URTIFICATE Tim appninfmant is made nraler the aolhudfy of the following resolution, adopted by Ihn Execglive Contmince of the Board of Direciore of British Amt insurance Company at a Inceling hall oil the i5th of March, 1980. rican 'RESOLVED, that the President shell be and is hereby vested with full power and aulhonly to appoint anyone or more suitable parsons ns ,Allorney(s)-in-FAct io represent and act for and on hdhelrol'the Company subject to the following pnwitious: I. ABomey-inFLet nay be given fulf power and authonly as oudiacd in the Power of Anome execute, acknowledge and deliver fidelity and surety hands and other hoods, c the ordinary and Company course of business, All notices and dtKwnenrs canceling or terminating life Corlr;rpany'seliabilitynthereunder. And any m ch urumelts se h executeddby any such Auorney-in-Face shag be binding upon the Company as if, toed by the Prcaide nl ofd scaled and ellesred by the Cor)mnlo Secretary, -s. The facsimile hying eof the ofBocs and the ant nl'Ihe Company shalt be valid and binding upon the Cum an any irThe mast appointing an Alf the act.' P y in the oxcrution, attestation and tasting of I. Dnwa Knight, Assistant Seererary of Brilish Amertean Insurartca Company, do hcmbv certify that the abnva and lixegoing is a Ime and correct co of Attorney executed by said Company, which is still in force and effe;L and, furthermore, flu resthi ion of the Execmive Carnmitlec of the !bard of Dimcron, as scr forth in the Power of Murray, is now in furce. copy `f a Power IN WITNESS WHEREOF. I have hereunto Mt my hnnd and if xod the Baal nl'lhe corporatism Ibis ---day of Dawn Knigliii, A%4stanl Secretary IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complairw Para obtener informacion o rata sorneter una q(I eja: You may contact your agent. Puodo comunicarse con su agent You may cats British American insurance Company's toll-free; telephone number for Usted puede Ilarnar al numoro de -elefono gratis de information or to make a complaint at British American Insurance Company's Para informacion o Para sorneter una queja al 1.800.964.4242 1-800-964.4242 I You may also write to British Arneiican Insurance Usted tambien puede escribir a British American ompany at: Insurance Company: 11.0. Box 1590 P.0 Box 1590 Dallas, TX 75221-1590 Dallas, TX 75221-1590 OR OR 3535 Travis, Suite 300 3535 Travis, Suite 300 Dallas, TX 75204-1466 Dallas, 1'X 75204-1466 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurane© to obtain information on companies, Seguros de Texas pars obtener informacion aces coverages, rights or complaints at de cornpanias, coberturas, derechos o quejas al 1.800.252.3439 1-800252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Se(juros de P.O. Box 149104 Texas Austin, TX 78'114-9104 i'.0Box 149104 FAX k 1512) 475-1771 Austin, TX 713714.0104 VAX N (512) 475-1771 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or about a Claim YOU should contact the Si tione una disputa concernrente a su prima o a agent or the Company first. If a dispute is not un reclarno, debe comunicarse con el agente o la resolvea, you may contact the Texas Department compania prirnero, Si no se resuelve la disputa, of InSUIanCL. puede entonces corn unicarse con of departmento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ES'IFE AVISO A SU POLIZA: This notice is for information only and does not become a part or condition of the attached Este aviso es solo Para proposito de informacion y document, ne se convierte on parte o condicion del documento adjunto. .+►/;III3~~. CERTIFICATE OF INSURANCE ISSUE DATE IMM'D"Y) _ 08/24/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BRITISH AMERICAN INSURANCE CO. POLICIES BELOW, 3535 TRAVIS COMPANIES AFFORDING COVERAGE SUITE 300 DALLAS , TX 75204-1466 COMPNYA BRITISH AMERICAN INSURANCE COMPANY LETTER COMPANY B INSURED LETTEH AUSTIN LOMMERICAL, INC. oanPANY LETTER C I P.O. BOX 2879 C DALLAS, TEXAS 75221 COMPANY LETTER D COMPANY E LETTER COVERAOE9 ( THIS IS TIC CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL 1 HE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, a CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION L7R DATE (MMIUDIYY, GATE (MMIDDIYY) LIMITS GENERAL LIABILITY GFNEHAL AOOREGAIC $ 2 000 000 A X COMMERCIALOENERALLIABILITY CGL-0104293 12 /'?1J92 12/31/93 PROOUCTS COMPIOPA66, 3 2,000,000 CLAIMS MADE X OCCUR. r PEPEONAL A ADV. INJURY S 1 , ,000, , 000 OWNFR'S A CONTRACTOR' S TROT, FACH OCCURRENCE. $ 1, 000, 000. FIRE DAMAGE (Any one Ilrol S 50 , 000 MED. EXPENSE (Anyone pww) S r nnrl AUTOMOBILE LIABILITY CCIABINED SINGLE °7""'v'•" A ANYAUTO CAL-0104293 12/31/92 12/31/93 LIMIT + 1, 000, 1,000,000 1 X ALL OWNED AUTOS BODILY INJURY $ SCNF.OULEU AUTOS ITeI Corson)n) X NON AUTOS X SODAY INJURY $ NON OWNED AUTOS IPer onclrloml GARAGE LIABILITY ~ VROPE HfY OAI,IAGH S EXCESS LIABILITY EACH OCCURHFIICE 3 UMBRELLA FORM AGGREGATE 3 OTHER THAN UMBRELLA FORM I~ X STATUTORY LIMITS W WORKER'S COMPENSATION IA AND WC-0104293 12/31/92 12/31/93 EACH ACCIDENT 1 500,000 ' D15EASE---POLICY LIMIT 3 500, 0p0 EMPLOYERS' LIABILITY OISFASE.-EACH LIAM OYLE 3 y~P n OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVENICLES!SPECIAL ITEMS RF:UTILITY Oy V EMfi'NTS TO SERVE DENTON REGIONAL MEDICAL CENTER, SOUTHERN FALLS PHASE ONE. CITY OF DENTON IS AN ADD'L INSURED ON THE Al, & GL POLICIES, AS THEIR INTERESTS MAY APPEAR. CITY OF DENTON IS GRANTED A WAIVER OF SUBROGATION ON WC POLICY. CERTIFICATE HOLDER CANCELLATION CITY OF DENTON SHOULD ANY OF THc ABOVE DESCRIBED POLICIES BE CANCELLED BEFORF THE PUBLIC WORKS DEPT. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDUAVOR TO 215 E. MCKINNEY MAIL .3 0_ DAYS WRIT-1 EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENTON, TEXAS 762p1 (.EFT, BUT FAILUFIE To MAIL SUCH NOTICE SHAD. IMPOSE NO OBLIGATION OR LIABILITY OI' ANY KIND UPON THE COMPAPJY, ITS AGENTS OR REPRESENTATIVES, AUTRORIZED REPRESENTATIVE ACORD 25•S (7190) GACORD CORPORATION 1990 r~f;rU rr , CCC,,,, 17) Z3 d opCC^nu " t OD~~cO i1000GC,L~~ { I 1 PROJECT NO. ! /,~fJ _ CONTRACT NO. THE STATE OF TEXAS 5 PPVFF,OPMENT CONTRACT COUNTY OF DENTON 5 Whereas, EPIC Development,_InC. hereafter referred to as "Owner," whose business address is 3333 Lee Parkway, _Dallas, texas 75219 , 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 tc as "City"; and i Whereas, as a condition to the beginning of construction of I 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 specificati.ons, standards and ordinances; and [select applicable provision as follows) C~ Whereas, the Owner elects to construct the improvements i without cont:c-t:inq 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 Whereas, the owner elects to make such improvements hereafter set forth by contracting with AUStln C`:ommercial_, 1nc~ whose business address is 3535T raviS Street, Suite 300, Dallas, exas~ 75204-11t6 hereafter 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 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 hezeto and incorporated by i reference, tc :.e installed and constructed at I` 3535 1-351' South, Benton, Texas 76205 - the Owner, Contractor and City, in consideration of their mutual promises and covenants contained he-.-ei.n, agree as follows: 1. Cavenaa.`ss of Contractor. Contractor agrees as follows: (a) Specificatdgns. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the C `s -14Itdarc& Specifications for Public__WOt~ks Cort_,truction~North Centnal Texas, as amended, and all addenriums thereto, and all other regulations, or.dinancet; or specifications applicable tic such Improvements, such PAGE, 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) uthor_ ity of City jjn ineer j nserections Tests Ind 0 ders. 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 i 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 i 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 I 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 undor this agreement to approve or accept the. Improvements. PAGE 3 (c) ID =uz•ance, 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 ~ndard Specifications for Public woks Constructz'on~ North Central. Teas, 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 ethods 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 fcr whi. c h the means or method c.. construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with city specifications, 2. Mutua Covenants of Ow e and_ cont tctol:, Owner and Contractor mutually agree as follows: (a) Performance Bonds: Fad pw A-cr-reement. 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 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, PACE 4 (ii) if the cast of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the i 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 ensuring completion of the Tmprovements. without exception, the City's escrow agreement form shall he used. (b) Psi_M nt aondj Assurance of pa meat. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1.00%) 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 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 ?t:y Engineer, Owner or Contractor. Shall. furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 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) Retain Final Pa ymen s. (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 pPraent of the total dollar amount of t li ha 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 ~1 1 sums of money due for labor, materials, apparatus, fixtures or machinery furnished { for and used iii the performance of th+ work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion an acceptance of the im d approval or provements of the city, the improvements shall become the property of the City free and clear of all liens, claims, charges or enctimbrances 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 s,atisfi-ed and released or. Promptly post a bond with thn city in t)-.e amount of such claim, PAGE G i lien, charge or encumbrance, in favor of the city, to ensure 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 Ij the State of Texas. f (f) In emnification. To indemnify, defend and save f, 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 of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (9) tlg~eemnt__C~ritrolira. 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. PAr,F, 7 3. Occu ancvt One Lot Devel menu . hollows; Gwner further agrees as 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 damages, but such licfuidated Payment shall not be deemed approval of such occupancy and Lhe 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 Cit Y s Develo Performance or Pment Code, and no payment bond was required or submitted for the improvements that are to be dedicated to th ~ shall. not be a public, the owner issued a certificate of Occupancy for any building constructed or located therein until all required public ~J improvements have been completed and accepted i this contract. n accordance with 4• Coves_o ~y That, upon proper contpletian of the Improvements in accordance with this agreement, the city agrees to accept the Improvements. S• yADUP and Goyerninrr r ~~-_dw• 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 Penton county, Texas. The terms and provisions of this contract shall be construed in accordance with the decisions of the State of Texas. laws and court PAGE, g 1 6. Lgcesser and Ass; -------__~s_, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, ~ AL2_ day of OWNER EPIC bevelOj)6e1)t, Inc. CONTRACTOR Austrn Cwm:mercial, Inc, BY: ~ Francis Sapie rajr~,---~----. 8Y: Facilifies Manager Steve 4Yarnich Vice-President CITY OF DENTON TEXAS 7 8Y' CIT AGER ATTEST: w J F Ft ER , CITY SECRETARY- APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 PROJECT: DENTON REGONAL MEDICAL CENTER PUBLIC PAVING IMPROVEMENTS EXHIBIT A DATE: 09/09/93 I I I I DIRECT LABOR I DIRECT MATERAL i SUBCONTRACTOR 1- TOTAL ~ I UNIT I MATERIAL UNIT SUBCONTRACTOR I I4_' PUBLIC DESCRIPTION SIDEWALK _ 19454 ~ SFM i f _ _-UNIT- k LABOO ~ 0 I 1 0.00 { 1.45 19,514,10 1 19,514.10 16' CONCRETE APPROACH 1 38601SF I1 1 0.001 I 0.001 4.481 17,292,801 17,292,8011 CONCRETE MATERIAL 1 261 ICY 11 1 0.001 42.501 11,092.501 0.001 11,092,5011 I 1 11 I 0,00 1 1 0.00 1 I 0.00 1 0.00 1 I I 1 0.00 f i 0.00 1 0.00 1 0.00 I 1=a::.rroeoco=or===vs:=nee=e=za ec==ace ^===ao,=_=::rs:=.oo=:e x:,are:eanr,m==r=o==oe=~=_e=s:=co==eacccs:ccnocs_scs:ras=v aaaall SUBTOTAL I 1 11 0.00 1 1 11,092.50 1 I 36,806,90 1 47,899,40 11 I SALES TAX 7.25 I I 1 0.00 1 1 80421 1 0.001 804,21 11 [TOTAL I I I 0.00 I 1 11,696. x 1 1 1 36,606.90 1 48,703,61 11 ===oo=oe=s:brooer==oocaco=c=evoom:o=o=es:=zo:m=rc=v=c=c'.vncxono=ce.:=c=os:= crs:.e=rr==o=ec.===.=rco=e:osssee==oaaaa~ac11 ~1 1379L PROJECT N0. CONTRACT NO, CONTRACTOR'S PERFORSIANCE BOND F3GiNDISO,(l~r-~ j ; THE STATE OF TEXAS 5 COUNTY OF DENTON S KNOW ALL MFN BY THESE PRESENTS; i That AuS-_ (in ConirnerClc~L-_--~_-- 01 P.O. Sox 2879 Dallas Texas hereinafter called "Principal" ar.d British Amerr^ c.an„surance/ Com arm . a corpo- ration organized under the laws of the State of Texas and authorized to do business in the State called "Surer " of Texas, hereinafter , are held arid mlond u no the ty of Denton, Texas, a Municipal Corporatian ibnuDentont County,C1T xas,, hereinafter called "City", and EPIC Develo )rnent Inc hereinafter called "Developer", in the penal sum of Forty Eight Thousand, Sever) Hundred Three and 61/100's _ law ul money o t e Unite Sta`s ' to ,e Texas, for the , Payrin Denton County, 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. PrinciipalOenntq;ed intol{aSceert_ai,nTcontractuwith hDeveloper WHEREAS, as of the ?Hd day of Septrriber 19 ~ a copy of w is is attacie ereto and made ~a (part hereof, for construction of 11a0f] Irrrpruvements to serve Dentor, Regiur,trl fvlerlical Center Acldilion on to City o(. i)enton, Denton Cc - - an Addition to >iuity fcxas; I NOW, THEREFORE, i£ the Principa3 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 lie shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harnless 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 person,, Eirms, 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 j 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 I the terms of the Contract or to the work or to the ` specifications. ~J IN WITNESS WHEREOF, this instrument is executed in tripli- cateeach one hi h shall be deemed an original, this the day of , 19C PRINCIPAL /uistin Cormnercial, Inc, - - ~fv~ BY SEC Y YRINCIPAI, Steve Warnick, Vice Presirlenl ~P.O. Box 2879 T A(la CC55J CONTRACTOR'S PERF'RMANCE IIOND/PAGE 2 ~I WI'T'NESS 10 PRINCIPAL 3535 frav Street, Suite 300 Dallas, Texas 75204 _ A dress I I I SURETY Hritish American Insurance Co. - _ I BY: SECRETARY RL (7-- - L1 torney-~ a t i ~ 3535 Travis St, , .Suite 300 Dallas, Texas 75204 I ' -'~~A3~ress I WITNESS RE Dall 3535 Travis St. , Suite 300 Dallas T s exas 75294 ress NO'T'E: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE' OF BONA MUST NOT BE PRrOR TO DATE OF CONTRACT. CONTRACTOR'S PERFORMANCE BOND/PAGE 3 i BRITISH AMERICAN INSURANCE COMPANY Corporate Headquarters, 353.5 Travis, Sisite 300, Dallas, Texas 75204 WrR OF ORNF:Y KNOW ALL MEN BY THESE PRF,SENTS: That I MISH AMERICAN INSURANCE COMPANY, a Texas corporation, does hereby appoint; - • - George I-Ii:lsey, Touy J. Jackson, Dawn Knight, John P. Dlsson, of Dallas, Texas its true and lawful Attorney(s)-m-Fact, with full authonty to execute cn its behX bonds, undertakings, recognizance and other contracts aI' made ...nity and waling;; obligatory i;, th.. nature Iherzol', issued in the course of its business, and to bind the company Iherehy. IN wiTNESS WHEREOF, British American Insurance Company has executed these presents this day of~ 0 1993, I ` John P. Olson, President STATE OF TEXAS COUNTY OF DALi.AS § On :his -21 day of 14~, hel'nm im came the above named Arcer of 11614 American Insurance Company, to nic peno.ally known to be the individual and nlTice hca herein, and acknowledged that he executed Use foregoing insimirtri and affixed the seat or mid corporation thereto by aauhonly of hie office. FKARIN=HA HALL w couttxeton Lam L2 JOY 6, 1995 Notary' ublie In and For the Slate or 1' ;xa, CERTIFICATE .lie af:; of nanient is made under the audionty of the following resolution, adopted by the Executive Commineo of the Bolin of Directnrs of British Ansaricen fnsurance Company at a muting held on the :5th of March, 080. 'RESOLVED, that the president shall he and is herehy vested with full power and authority to appoint any nos or more suitable persons as wonicy(s)•in-Faa to represent and act for and on behalf of the Company subject to the following provisions: I. Attorney~in-Feat my be given full power and sahonfy as onnirwd in die power of ,Vtom,ey far and in ttw name of And on behalf of the Company to ex; dn, acknowledge Ind deliver fidelity and surety bonds and other bonds, cousenLs of nurety, consents to modifications or surety contracts as may he required in the ordinary crxarae orhusiuess, sit notices and doeumems canceling or ienninnsing the Company's liability tlorrunder, and any aneh instruments sa executed by any such A4omey-tr Psct shall be bSrsdiog upon the Company as if signed by the President and scaled amp auested by the Corporate Secretary. -The facsimile signatures of the otfices and the seal of the Company shalt he valid and binding upon the Company in the execution, atiestation and tiding of any intrument appointing an Ailonney-in-Fact.' Ih I, Dawn Knight, Assistant Secretary of British Americnn li m imoce Company, do hrrdty certify that the above and foregoing is a pale end ;enact copy ofa Anwar of Auomey executed by mid Company, which is still in frime and eft'cm arid, funhunnare, die rewhnion of the Executive Cmminince of Iho Board of Directors, as set forth iu the Power of Attorney, is now in fuse. IN WTTNU" WHEREOF, h have hereunto set my hand and mixed the .ced of the corporelion thim__22nd daynr 5el)t(inher v 93 Dawn KnigWt, A4", ant Swrelriy I O763L PROJECT NO, i CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MFN BY THFSE PRESENTS. i That Austin Commercial InC. _ P.U. Box 28?9, Dallas, Texas 75221 of Dallas County, Texas. ::ereinafter called Principal and British American Insurance ':urn rrn~r a Corporat on organize un er t e aws o' Che State o T 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 scum of. 1=our Tfiorrsand, Licht Hundred Sevent and 36 100's 3-11A.1 ) Dallers, aw u money of t e Un to States, the sa sum be ng ten percent (107 ) 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 i such that: WHEREAS, the Principal Witered into a fortaip contract with Contractor, dated the1 day of -F t) 19 , in the proper performance o._ which the City or pannton c , Texas, has an interest, n copy of which is hereto attached and made a part hereof, for the construction of: having improvements to 5 •rv, _Q.Q"tt FZPtlinii;il A,rQc1:c,aLA4444w~--- °nton, Denton Courrty.,_Te CONTRACTOR',' MAA.NTENAVC 'BOA!D-PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be clone 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 tiny 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 e 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 In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that thi. obligation shall be continued one against the Principal 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 tine. 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, one of which shall be deemed an original, this the day of 19, PRINCIPAL SURETY Austin Commerical, Inc. British American 1rsurajj BY: (A M',t BY: " ~ ~-fit f ~t ~.,•~Q F - A'I r Kt~I ~I FAGT CONTRACTOR'S MAINTENANCE BOND-PAGE TWO NOTE: POWER OF ATTORNEY OF SURETY RUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: 1 SECRETARY j~ I I I, Ii 1 J CONTRACTOR'S MAINTENANCE BOND-PAGE THREE BR1TIS11 AMERICAN INSURANCE CONIMNY IaOWF:R OF ATTORNEY Corporate Headquarters, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALL MEN BY THESE PRESE=NTS: That BRIf15H AMERICAN INSURANCE COMPANY, a Texas corporation, does hereby appoint: • - - George Hulsey, Tony J, Jackson, Dawn Knight, John P. Oisscm: of Dallas, Texas - - - its true, and lawful Altomey(s)-in-Pact, with full authority to execute on its behalf bonds, andertakings, recognizance and other contracts of indemnity and writings obligatory to the nature thereof, issued in the course of its business, and to bind the company thereby. - IN WITNESS WHEREOF, British American Insurance Company has executed these presents this clay of -LS!----~ 1993. John P. Olsson. President STATE OF TEXAS COUNTY OF DALLAS § On this 4.L day of v lgv. befog me came the above named officer of Relish American Insw rice Company, to one personally known to be the individual and officer descnbed herein, and acknowledged that he executed the foregoing inswnri-nit and affixed the seal of said corporation thereto by authority of Isis ofrice. KAREN R. HALL ky 00MMitM ORN July 6, 1595 Notary Public In and For the Slate of Texas J.-_ - CERTIFICATE ~f 'Ilse appointment is wilo under the authonry of the following resolution, Adopted by the Executive Commiuce of the Board or Dimxtors of British American hwirauce Company at a nteciing held on the :5th of March, 1980. 'k ESOLVED, that the Presidenr slsall be and is hereby vested will, full power and authority to appoint any one or more wirable persons as Auomey(s)-im Fact to represcm and act for and on behalf ol'rhe Company subjccl to the following provisions: I. Aunmey-in-Fern nay be given tall power and authority sit outlined in the Power of Atwmcy for and in the ru irn of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, cnnunu to modifications of sanity contracts as sruy b: required in the onlinary conrae of burine.s, all notices and dexumenta canceling or ien chuting the C impany's liability thereunder, and any such inslrume Ma so executed by any such Atiorsaeyin-Fact shall be binding upon the Company as if signed by the President and scaled and annealed by the Corporate Secreuary. The facsimile signatures of the offices and the wai ut'the C.ontpany shell he valid .rod binding upon the Company in the execution, aoation q-d sealing of any instrument appointing an Auorncy-in-Fact.' I, Dawn Knight, Assistant Secreury or Britisls American lnsurame Company, do hereby certify that the above and foregoing is a inn and eoneo copy of a Power or Attorney executed by said Company, which is still in force and effect; and, funhenrsore, the resolution of the Executive Cononnlee of the Board of Directors, r as set forth in the Power of Attorney, is now in force. IN WITNESS WHFREOF, I hove hereunto set my hand and affixed the > al ortho coaponlion , this 2211(1 de,ror_ _S cyllernll01._ 1993 Dawn Knight. A4"' ant Seo:wtary rV `y p F D p ~''(,7n vGy "r~0 o 4 j 0 ~ ~ \ O J JLJ U I i I i I I I AAAOOD97 PROJECT NO. , CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON § Whereas, f1C:A Elea 1 Lli iBrvi c, I exa!: , Luc . n hereafter referred to as "Owner," whose business address is _ 201 NoiLh t301uie 13rue, Denton,rvxas 7620] 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 berinni.ng 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 ~---t [select applicable provision as follows' -1 Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor., in which rase the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or 1 C Whereas the Owner e lects to make ;uch 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 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 the City's specifications and that payment is made therefor; WITNF,SSETH As to the Improvements to be dedicated to the public, as I specified in Exhibit At attached hereto and incorporated by !3 reference, to be installed and constructed at . c '14, Aildll 1 "11 the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Coyenants_of__Contractor. Contractor agrees as follows: (a) Specificat_i_ons• To construct and install the Improvements in accordance with th,iprocedures, specifications and standards contained in Division II and III of the City_'s_SClnda.rd Spec_icat,ons_for Public Works. Construction North_Cent,xa_1_Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PACE 2 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_af _City_ Fnyineer;_.lns~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 i Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of Ali materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish t i he City Engineer or his representative with every reasonable facility for asr;ertaining whether or not the work performed was in accordance with the f 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, the city shall have no obligat.,on 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 Specif_=cations_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 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. Mutual Covenants- of Owner and Contractor, owner and i 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 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 (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 rank as - escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. i (b) Payment 3ond1 Assuronce of Payment, That prior to acceptance of the Tmprovements; (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, 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 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," j 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. chi Improvements by the City and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written aff_idaiit, 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 egainst the [mprovements, or land to which they are affixed, that are to be dedicated to the public, That., upon the reques~ of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who perfo,.•med labor on, or supplied PAGE 5 `11 3 i i i 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. i (c) Neta%nagei__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 P~nprovements, Contractor and Owner agree that the owner shall retain ten percent I 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 I I I ' otherwise satisfied. (d) Encumbrances. That upon completion and approval. or j acceptance of the Improvements of the City, the Improvements shall ~.J become the property of the City free and clear of all liens, I claims, charges or encumbrances of any kind. If, after acceptance of the improvements, any claim, lien, charge or encumbrance i.e 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 tho City promptly cause such claim lien, charge or encumbrance to be satisfied and released or J promptly post a bond with the City in the amount of such claim, PACT; G + I lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance pnd. 'Chat 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 tho 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 I ~ the State of Texas. (f) IndemniCi.c tOn. To indemnify, defend and save harmless, the city, its officers, agents and employees from all j 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 sct of fault of tho Contractor, his agents, employees or subcontractors in construction of thu improvements; and shall pay any judgment, with costs, which mal be obtained against the City growing out of such injury or, damage. (g) hq_r.eempnt,. Contrpl_:1i_ng. That the provision of this: agreement shall control o`er any ccnflictinq provision of any contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 I 3. Occupancy-Qng_L,ot__Deyel^opme_nts. 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 Cert:iticate of occupancy for any building constructed or located tl)crein until all required public l improvements have been completed and accepted in accordance with this contract. 4. Cw_enants__of__City. That, upon proper completion of the Improvements in accordance with this agreement, the city agrees to accept the improvements. 5. Venue and Govern in I,aw. The parties horein agree that this `l- - contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, (,.xclu;i.ve venue shall lie in Denton County, 'T'exas, The terms and provisions of this contract shall be construed in accordance with tnc laws and court decisions of the State of Texas. PAGE, F3 II 6. succ@lssor. and-Msign:_. n'hi-s contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. N~vrnil,~i 19~- F,xeruY.ed in triplicate this, day of OWNER CONTRACTOR It(FS IIc~:ll.b Seivica.y of f'i~a;a!;, i:nr ;opI)(.11 ,i n ~cua~lcuet_iori, fnr. BY: _ 4 BY., i f CITY OF DE ON, TEXAS B - - CIT ANAGER III ~ ~ ATTEST: / I J FER W ERS, CITY b.EC-IRETARY Lj APPROVED AS TO bEGAL FORM: DEBRA A. DRAYOVTTCEi, CITY ATTOVNEY BY: RAGE; 9 NOV - 115 -9.3 rt0H z 3 r Q~ Ol7 r) N I` W P~P/d~~4--LIgL~15L7111 CONSIRUC110N, INC, P.O. Box 219227 Houston, Texas 77218.9227 (713) 371.3100 i ! I EXHIBIT "A" ANfrAgY SEWER 3 SIDEWALKS UNIT TOTAL SANITARY SEWER COST COST EIGHT INCH SEWER 380 LF 33.4' 12 MA 4HOLE ,x'00 r EA 1,60a.00 3,000.00 SIDEWALK 244 LF 10.00 2,440,00 TOTAL CONTRACT AMOUNT $18,140 00 II PROJECT NO. CONTRACT NO. . THE STATE OF TEXAS § ESCROW AGREEW3NT IN LIEU COUNTY OF DENTON § OF PERFORMANCE BOND (Development Contra(lt- Improvements of $50,006 or Les;; ) WHEREAS, HCA_,_ Health Services of. Texas, Inc., hereaf.fer referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial ]'uri< li ~dic•tior,; 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 I sewer lines, drainage faci 15-ties or other i.mproveitrentr, which are to be dedicated to the pubIi.c, hereafter referred to a:., "Improvements", are constructed and completed it) accordance with / the specifications, standards and ordinances of the City; and WHEREAS, Owner wisher to receive 1,uilding permits for said property prior to the completion and approval or acceptance of the Improvement, by the City; and WHEREAS, in order- to receive such building perraii,r; Owner may, where the cost to complete the Improvements is 550,000 or in lieu of posting a performance bond, escrow cash money with s hank as escrow agent in an amount not less than the amount necesa,ary to insure completion of r;7id Improvornent,; NOW THEREFORE, OWNER, City and Heritage Title company of Austin, hereafter called "Escrow Agent.", agree as follows; 1 Amount., Owner, as a condition to receiving building permits for property located at. 250.1_~cr-pt:ure~ ~ertt_o» Texas shah deposit. t:re :3um of F_,g.hteen Thousand_One._Hundred. Forty and xx[_I.OO Dollar:; ($18A410.00 -.1., 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 arw to be dedicated to the public; said Improvements being more particularly described i in that certain development. contract dated the 11th clay of Nov_emhe_r, 1493, between the City, Owner and Owner's Contractor, to which reference is made herein. i i' f 2 Ngttca of _1'?posit, No building permits shall be issued ~ by City for the I property herein described until Ej;crow Agent notifie. City, in writing, that cash money, in the amount specified her:eirr, has been deposited in an escrow account, with Escrow Agc?rtt. 3. Relea_s_e of_-E'rxnds, Escrow Pgent shall not release any or a] I of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release suol: funds as provided for herein as follows; (a1 the City Engineer shaII authorize the release all the escrowed funds when a I I Iml)rovement-r,, are completed and approves] in accrordance wit:l~ provisions, of the de veloprner,t. c•ontL_,-I t1,e page deg°erminrition c,f which shall be made by the city Engiwhose judgment shall be bi.nding on a ll pantie hF•reto, (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the esr,rowecd funds to the Owner if, and as, the Improvements are complet,d and approved or accP,pted by the City in stages, so long as the remaining funds not released are ,ufficient to complete the construction of the remaining I~iprovements which have rot been, but are required, to be completed and accopted or approves{ by the city. Notices. Any notice to be sent., or required to be ,:ent or given under this agreement shall be sent. +:o the addree,s of the I i partius hereto, as follow:: f r CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: NCA~__Heal._th_.S!Irv ices._of_._Texas 'nc, u? ESCROW AGENP: Her tage_Tit.lc Company of Austin ~ 1`.~-~.✓~r.H.lG.fi!~(11~~/S`~~.~1 ./`~cSII,v, ~Es'r~'~ i 4, 1''ee.s_, Owner agree, to Pay any and all fees or ::o;:ts charged by the Escrow Agent in connection with this Agreemon`, S. Nonli abi.l i. ty o_f. _i;sc rc,w Agent . The Esc: ow Agent 511,11 1 lave no responsibility except for the safekeepi„q and dPlxvery of ti;c amounts deposited in tho Escrow Account in :.aCCOI'danC. e with thin agreement, The Escrow Agent shall notbo liable for any act dons, or omitted to be done under this agreement or in Page 3 connection with the amounts deposi,tec, 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 parities to this agreement, the Escrow Agent shall not be required to act and shall riot be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at it;; discretion to do either or both of the following: I (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by recei.pt of a written document in form and substance satisfactory to the Escrow Agent. and executed and binding Upon all interested parties hereto (who may inc)I!dc; the subscribersthat the question, dispute or disagreement has heen resolved; or (il) file a suite in interpleader and obtain b;t find judgment rendered by a court of competent jur.i.ed.ict.i.orl, an oreler 1 biliding all parties interested in the- matter. E• SuccP-S-snrs_arnd_A_ssi-qns, Thi,l agreement shall be bindiny u o J p n the ..uccessoes and assigns of the - 7. Ventre. The parties hereto agree that is, any legal action is necessary in connection with this agreement , us, excl ive vE r1 I1 t? shall lie in Denton County, Texas. Pack 4 IN WITNESS WHEREOF, the said city, Owner, and Escrow Agent have signed this instrument th.tis /Q.th day of November, 1993. CITY OF DENTON OWNER ffi HCA, Health ~ ~ It c Services of Texas,Inc. B Y: (L~ f+~~"~ 1 BY Z - - _~4~tnM71 v 4~ Kenneth B. Ferguson ESCROW AGENT Heritage If e Comp Y,'of Austin BY : Gary` armer i i Page 5 .O'ti,yJJ.~F4~DLECVT,~n fl m ~ o :zl Cr~ y V/ G' o r u `'1'~?Q000 uGCGCS r i 1 i f t AAAOGF23 PROJECT N0. CONTRACT N0',7/~ _ THE STATE OF TEXAS § COUNTY OF DENTON EVIELOPZENT CONTRACT lfar:;ai~n~ Dcv,rlul'mcnC Corpurrrt (un Whereas, nod ],y },l,rrP PruprrLles - - hereafter referred to as "Owner," ( 00 K"'v"d 1'""` whose business address is 48(f 1r'vCu~, 'f,.xas 75(1{9 A vL,, Texat>> 76226 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 devel- opment must be performed in accordance with the applicable ordi- nances 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 contra° c.t is required to insure trot all streets, water and sewer lines, drains ,_..J ge 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 with- out co!ltracting 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 t ;-L„,r~l `,_12513 the improvements set forth herain and described in Exhibit. "B" attached hereto, the plans for the construction of improvements, which is incorporated herein by reference; or whereas, Owner and Contractor recognize that t!ie 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 property constructed in accordance with the City's specifications and that payment is made therefor; I WITNE88ETH 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 ~~unCinr, x;d-e 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 agreeE. as follows; (a) To c~,nskruct and install the Improvements as de- scribed in the plans attached hereto as Exhibit "B" and to complete such construction riot later ~ han r)(,toh_,r I',) I99 - Con- tractor/Owner agrees to construct such improvements in accordance With the procedures, specification, and standards conr_„ined in Division II and Ill of the City's Standard specificat_~on„U for ~u is works Consttu~to_;_Ntrth Central 'texas, as amended, and all addendums thereto, and all other regulations, ordinances or speci- fications applicable to such Improvemente,, such specifications, standards, regulations and ordinances being expressly incorporated PAGE 2 herein by reference and being made a part of the agreement as though written herein. (b) Autl ~r.ity of City, Engineer; Inspectiorls1 Tests_,And Orders. That all work on the Improvements shall be performed in a I good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide a-] 1, 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 faci.l ty for ascertaining fI whethei or not the work performed was in accordance with tho speci- fications applicable thereto. Any work done or materials used I 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 ox, replace, if so directed, rejentea, unauttr,ri.zed oa condemned work or materials, or to follow any other requnest or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may skispend 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 obli- gation under this agreement to apprive or accept the Improvements. (c) Disurance._ To provide for insurance in accordance with the insurance requirements applicable to contractors as PAGE ` provided far in item 1.26 of Division I of the 5t.anddrd_5pecii- ficat p s for Public works Constr,rrti~otL North Cgntral 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) [ipan5 ahcl htetho~s o.COnstruFtion; 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 Covenant ~w er ~r~dntractoz_. owner and contractor mutually/ agree a follows; (a) EgLtgrman 's1• escrow _ Afire vCent._ That if building permits are to !ed for the development prior to completion and acceptar it improvements that are to be dedicated to the public, thr~ irillowing security requirements shall apply, unless the development. is a "one lot development," as defined by City's Development Oode! (i) a performance bond in an amount not less than the amount necessary to complete the Improve- ments, 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, (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 PAGE 4 I the city Engineer, cash money in the amount rminy to complete thc~ Improvements, as nece ed by the City Engineer, may be de- dFosetiermntE-d 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 I3c,ndi F~ssu~~nce of_ a kmenc. That prior to acceptance of the Improvements; (i) a payment bond will be furnished in an amount n ot less than one hundred percent (loo`s of app cost ofr x the imate total cost of the contract the full and Improvements, guaranteeing the proper, protection of, all claimants supplying labor and material for the con-, struction of the Improvements, shall lie in f favor of the City, and shall, be executed by f approved surety company authot•ized to an business in the State of Texas; or, do (iiJ if the total contract amount of all Improvements is $50,000 or less, as determined ~ by the Cit regardless of Engineer, nrontraoct amount P are mfor ya ~i "one lot development,'1 as defined by City's Development Code, and a payment bond has not been submitted i.n 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 Improve- ments 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 marerial 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 requeut of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor PAGE 5 on, or supplied material fox. construction of the Improvements, and, ,I.,an requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainacre_L_ Final_Payments, [This provision (c) applies only where the owner and Contractor are not the same i 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 appr.ov, acceptance of the improvements by the City. The owner shall tit tter pay the Contractor the retainage, I only after Contractor h furnished to the owner satisfactory evidence that all indebtec% s -oiinected with the work and all sums of money due for labor, materials, apparatus, fixturas or machinery furnished for and used in the performance of tho work have been l paid or otherwise satisfied. (d) Encumbran4-es_ 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 en(aumbrance is made, or found to exist, against the Iriprvvements, 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 sat.i.sf Led and release"' or promptly post a bond with the City in the amount of such claim, PAGE 6 lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge o.r. 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, ensuring due to fa+ilty material the repair and replacement of all defects and workmanship that appear within one year from the date of acceptance. The bond shall he in favor of the City and shall be I executed by an approved surety company authorized to do business in the State of Texas. (f) ,Cndemn f icatL7o i. To indemnify, defend and save harmlesa, 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 y person, persons or property on account of the -J operations of the contractor, his agents, employees or sub- contractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be ottained against the City growing out of such injury or damage. (g) Ac~~eenlept_=:ontr2dJ]9 That tt,e 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 I 3. Occuiar_ y; Ooe Lot Deve.loment_s. Owner further agrees ris 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 $3,00G.")o as liquidated damages, but such payment shall not be deemed approval of such i occupancy and the City may take whatever action ne--essary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development code, and no it performance or payment bona was required or submitted for the improvements that are to be dedicated to the public, the owner shall riot be Issued a Certificate of occupancy for e,ny k•,ui.lding constructed or located therein u;itil all required pub]..ic improve- ments have been completed and accepted in accordance with the s ' contract. 4. Coven,r1t.. of That, upon proper ccmpletion of the Improvements in accordance with this agreement:, the City agrees to accept the Improvements. 5. VeV4e Act Goye U- q irL 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 l.ie in Denton County, Texas. The terms and provisions of this contract: shell be consvrued in accordance with the laws and court decisions of the State of Texas, PAr,r 8 v 6. Successyr and_.,lssign;, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. - Executed in triplicate this )()CI, day of _ nu;;ttst 1993 . OWNER CONTRACTOR 1 / BY. V` J 04 - BY: ke Herrmur, Ursman tlevelopmont Corpot'ei toil f000 Rnyal Lyme CITY OF DENTON, TEXAS vyr~,' Lc t.r 7',01) 14l c....= Cr! i i* "5 I.joT ~~Pt eT r ~Y n t , I Chi L l'y e' Yropc t t 1, BY: f 484 (c,pppper (an_vnn Road Cl iI~%N`G (/JER Ar,n,glt., 'I'cxas R-220 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, ' J APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 'J BY: i r l PAGE 9 i EXHIBIT "A Fstimated infrastructure costs for the }lunters Ridge development: I , Grading $ 7,650.00 l,) Approximately S I W C. Y, of CUT 4 - Sub-total UO If, Sanitary Sewer $ 59,3W.00 1.) Approximately 2580 L,F. of 8", SOR-35, PVC pipe and appurtenances 2.) 8 standard 4' manholes 3,} I cleanout 4.) 21 - 4" service laps III. Water, $ 55,200.W 1,) Approximately 2200 L.F. of N", AWWA 0900, 150 pressure class, PVC pipe and appurtemmms 2.) 5 fire hydrants 3,) 21 - I" service taps IV. Storm Sewer $ 23,050.00 I.) Approximately 18 L.N. of 18" RCP, Class III 2.) Approximately 252 L.F. of 21" RCP, Cuss {11 I 3.) 2 - 8' curb inlets 4,) 2 - It)' curb inlets Sub-tolal II, 111, and IV .60 V, Paving $ 78,800.00 L} Approximately 5.161 S. Y. of 6" lime stabilization 2,) Approximately 4496 S. Y. of 5" HAIAC pavement .1.) Approximately 1871 L.F. of 24" concrete :urb/gul(er 4,) Approximately 818 S.N. of 4" colorc4.1. patterned concrete Sut-to(al Of V $78,400 (x) V1, Sidewalks $35,5W.00 I,) Perimeter (Teasley 1,mw & Lillim Miller Pky.) - approximately 7438 SJ7 2.) Inlcrior - approximately 81,18 S.F. Sub-total of VI $:15,5(Hla;O I'Q"fAL ON 1, 'I'HROIIUF{ VI. $~2~58 5(1l1_tx) ~Jy\~Jf F 0 £ v~~~~n ~n jam.` a~~ _ ti c~ ~ ~ O ~ O ~O \ ' ~ U 0 _ _ ~~~0 N T 4 CCD ! OCv~~i L C ~ C~~~v~ I i~ I PROJECT NO. CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON $ lIe ntntln Uavc lopmenL ('.%n'~>ura L 1 un Whereas, _nruf 1.14.hut PropurC)c: _ _ hereafter referred to as "Owner," whose business address is 6000 Xoya Latic, 3ratnF;, Tcxara 75039 48/1Canyon Roach Arw;ylo, 'fextu;lb"L 2h 0 2 is the owner of real property located in the corporate limits of i 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 t ~I 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) [T 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 ne)med above; or ~I Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with _ Smntl n"if_ C113,1)i11-att io" whose business address is 11.0. ]Sux 1770, Ilo:nuil<:, 'Cc;ta7bZG' hereafter referred to as "Contractor"; arid 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 the city's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as J specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at flu"to'A!; ui It;e the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covena tl ss_pf_.gpDtrgctn;. Contractor agrees as follows: (a) Spit icatj-orrss. To construct and install thn j-- Improvements in accordance with the procedures, specifications and standards conU,ined in Division II and III of the ~ Y'_b_ State d as amended, and all addendums thereto, and all other regulations, ordinances or spec-, if ications applicable to such Improvements, such PAGE,' 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Futho.rity of City Enaine!er n"ections,Tesfis_ and Qrders. 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 specifications. Tha 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 repleced at Contractor',, 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 i 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) nsurance. To provide for insurance in accordance with 1 r the insurance requirements applicable to contractors as provided i for in Item 1.26 of Division I of the Standard Seci icatiL for Public Works Construction. North_Cen r k xas, as amended, the _ 1 ~ 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) deans -and _~(ethods of ConsGruct'on. That the means and methods of construction shall be such as contractor may choose; j i 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 I constructed in accordance with City specifications. 2. utua _ Covenants of Owner__anCl Cent actor, owner and contractor mutually agree as follows: (a) tormance Bonc3s Escr w A reeme~t. That if buii(linc permits are to be issued for the development prior to completion and acceptance c>f 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 deL.ned 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 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 (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 zscrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form a;:aiZ be used. (b) Payment Bopdi AssuMancg. of.~ayp t. That prio. to acceptance of the Improvements; I (i) a payment bond will be furnished in an amount not ' less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, 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 they city Engineer., or the Improvements, regardleso 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 labcr, 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 he dedicatQd to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish 3 complete list of all subcontractors who performed labor on, (-)r supplied PAGE 5 i I material for, the constr,act.ion of ttie Improvements, atjd, when requested, written statement from any or each of such subcontractors or suppliers ers that they have been paid in full. (c) RetainLUj- Final Pa_~Lmgrlts, [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 cwne.r agree that the Owner shall retain ten percent I~ 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 t t pay he Contractor the retainage, only after contractor has furnished to the Owner satisfactory evidence that all indebteO.ness connected with the wcrk 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 r.r I otherwise satisfied. I i (d) Fncumh a ces• That upon cu7nletion and approval or ~J acceptance of the Tmpr.ovements 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 enc,imbranre ii, 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, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) ~faiten anc_on _q. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in fore and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, incur.-i,rg 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) dem ation. 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 receiv,.ad as ~J 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 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) Qg~~ment ,~o~q rj 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 3. Occupancy; one Lat__ne L lopments. Owner further agrees as follows: (a) That owner will not allow any purchasers, :Lessee, or ether 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 ^ontract applies to a "one lot development," as do°ined 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; improvements have been completed and accepted in accordance with this contract. 4. .govenant y, That, upon proper completion of the Improvements in accordance with this agreement:, the City agrees to accept the Improvements. 5. i!~nu+j and Goverrj w. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclus•'Ive. venue shall lie in Denton County, Texas. The terms and provisions of this contract shall to construed in accordance with the laws and court dEC!.sions of the State of Texas, PAGE 8 6. Successor__ind Aesi(;m,. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate -this, i30i day of S ternit~r_- 1.93 OWNER CONTRACTOR: Smimount. Corporoi ion Bf: BY: .d 4ze W-1 - ~L L ,f e Herman >'[csident TliLwlas acber, ti rdww DevejupiTie M Corporotion vice-President: )00 Royal Laiw CITY OF DENT MW, TEXAS Irv{nl,~rexas 5039 BY: C;~rLs. t.ybber:, ret+idenl pit.. 1 ~~C (A r l s 1,ybhrrt ropert i os I 484 Copper Canyun finad CI Y MANAGER %igyie, 'Pexns 76226 ATTEST: J N FER AUCEKS_ CITY SECRETARY 1 1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTOR14EY ~i • r BY: \ I PAGE 9 F:x iii,, i'r A ALI& 7 f---. SUIVMOUNT MEFRO 8,7/d'0 O55 CORPORATION r-Ax 6 r 1/64 0:3 GEV~RAL -C!J'M10"0HS NO. 1047 TO: Fier:°;man Development Corp. Date: September. 21, 1993 Attn: Mr. Steve Stamos 600 Royal Ln., Suite 100 Irving, Texas 75039 II DESCRIPTION OF WORK FOR WHICH QUOTATION IS GIVEN i Sunmount will provide material, labor and equipment necessary to perform the following improvements to Hunter Ridge in Denton, Texas. A) Lime treat 6 inches of subgrade. E) Apply prime coat (M3 1). j C) Install 5 inches of Hot Mix Asphaltic. Concrete (3 1/2" TYPE A + 1 1/2" TYPE: D). I+ We quote you the following price for the work described above: I ITEM 1387.'IMATED UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1 5" HKAC PAVEMENT 4,496 Sy $8.00 $35,963.00 2 6" LIME TRT. SUBGRD. 5.361 9Y $3.15 $3.6,887.15 3 Curb e,id 24" Gutter 3,011 LF $6.50 $19,573.50 4 Concrete Sidewalk 1,222 SY $JF ')0 $23,218.00 Bond Premium I I1S $9U0.00 $900.00 $ 96,544,65 Notent 1) '[.he price quoted above does not: include ai,y pavement marking,:, :3eeding or other lands.:aping. Hersman Development Corp September 21, 1993 Page 2 2) This is a unit. price proposal, payment will be made based on the actual quantities measl)red in place. 3) Price includes no sales or use tax. A) Subgrade to be * or - ,2 foot and balanced wlle:n we moa/e in. T}tis qur.tatiun will not be binding upon us unlm acecprc I in writing by the Purchaser withi.i "days TERMS. Net d0 days. h late paymem chsrga of 1 112% per month (I8% atmual rate) fmm the date of imroice will he added to all unpaid halaucra river 30 days, hot eat rn cacecd the )egad rate c slbbshcd In this Miele, This gnotation does not 'nolude any appliaeh'; rale3 or use lax 'rax will he billed unless a signed exemption ccrtifc;sue is on We with us, for this project, 7 SUNMOUNT CbRPC FZATI N I BY if Title: Vice President I ~ Thomas R.YI',arber 1 e re accept the above quotation 1 Date: ~1L?R14~~ _ III ` _ ! i AAA319DF PROJECT NO. CONTRACT NO, PAYMENT BOND THE STATE OF TEXAS § COUNTY OF DENTON 6 THAT Sunmaunt, l;orporatiozt , P. 0. ROx 1770, Roanoke, TX 76262 Denton of County, Texas, hereinafter called principal and Seaboard Surety Companv, B rat Hills Rd t. Route 200, Pedminf.ter, N. J. 07921 a Corporation organized under the~laws of the State of New York 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 unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of \inrv 51x rl,ou"and, / give lhmdrad Sortlf Lour & O /100 ($^40,544,05 ) Dollars, lawful money of the United States, to be paid in Denton, 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. THE Condition of this Obligation is such that: WHEREAS, the Princi ahentered into gertain contra t with Contractor, dated the i day of (L.4Q , 19_, in the proper performance of which the C ty o Denron,Texas, has an -nterest, a copy of which is hereto attached and made a part hereof, for the construction of: Paving, !unter Ridge, ilanton, TP,xaS PAGE ONE v NOW, THEREFORE, if the Principal shall well„ tr.uly, and fai*.hfully cause to be performed its duties and make or causc., Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter ke made, notice of which modification of the surety is hereby expressly waived, 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. h AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, shall in anywise affect its obligationton,thisoBond, andtit 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, this instrument is executed in tripl ate, each one o which shall be deemed an original, this the day of PRINCIPAL ~ SURETY i Sunmr~unt Cnrr~ora[Lnn 1 i _ Siliho.~rci 5•~urer~v Con>> i amv - BY: Ba BY: - Thomas R, B a r b e r ATTORNEY-IN-FACT AACCT V : ice President ATTEST sceve stddnn:, SECS E GARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO AAA019iDE PROJECT NO. CONTRACT 140. PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That SllnmA nllt (;or!)o YACion VJ-«___-_ I of --vent-" County, Texas, hereinafter called Principal and. f~24~L~.~'~etY Gbn~~ iiv. 1lYrnr. 111113 Rd. ~ rlU6 iledmtnste.e, N. j. 07921 i a Corporation organized under the lsws of the state of tCew York 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, Lareinafter called "City" in the penal sum of Ninty Six Thousand, Five Ilnndred foray fourand65/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such that: WHEREAS, the Pr'~ipal entered in a certain contr ct with Contractor, dated the day of 19_~, in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of, Paving, Hunter Ridge, Uentnn, 11,:xan NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Cont:rnct in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, f PAGE ONE I I 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 agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the te:-ms 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 W).TNESS WHEREOF, this instrument is executed in triplicate, each o~ A of which shall be deemed an original, this the day of ~D~z F 14 PRINCIPAL SURETY Sun3n„unt Corporation Seaboard Surety. Company _ BY:/~~/ BY: - 7 110R a F3 1; . Sat b e r ATTORNEY-IN-FACT 3/ice Pretildeut Steve 6iddon5 ATTEST: ~ J SECRETARY NOTE: POWER OF ATTORNEY OF SURE'T'Y MUST BE ATTACHED. DA'T'E OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO ti 7 1l, PftOJ E:CT N0 . CONTRACT idO. CONTRACTOR'S MAINTENA,dCE BOND (DEVELOPMENT CONTRACT) f THE STATE OF TEXAS KNOW ALL q BY THESE Pll5SENTS. COUjgTY OF DENTON That Sunmount Cor{tor.atiop P. _;,bx 1770 1;onnokc - T e x a s a s 7 0 2 6 2 - of Denton - County, Texas, hereinafter called Principal i and Seaboard Surety Comi~ny Burnt 1f_llr, iOAd f, fto11 y0(; --_L~.-.L~------------.-.._.._----- Bedminster, N. J. 07921 _ aCoorporation orf;anire7~uncTer the laws ok the State- o ~w 5'ork and authorized to do business in the State of Texas, hereinater called "Surety", are held and firmly bound unto the Cicy of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City"in the penal sum of _ Nine Thousand, Sixliundred Fifty Pu1,r64,/100 ($9,b511 1 [301 ars, aw u money or the Un~.ed States,-the `sa~c7`sum being ten percent (1010) 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 in a certain contr ct with Contractor; dated the 1 ~t day of __r 19 in the proper. performance owhich the City o Denton, Texas, nas till interest, a copy of which is hereto attached and made a part hereof, for the construction of: Pavinn, hunter I;ii!ar, Denton, I - CONTRaMOR' S MAIJTKNANCE BOND-PAGE ONE NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain :Arid keep in good repair the work contracted to be done and performed for a period c£ 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 )f any of the work or part thereof arising from improper excev,t-lon, backf.illing, compacting or any other cause or condition, known or unknown, at any time during 1-.he 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 f be void, otherwise to remain in full force and effect, In case the said Principal shall fail to ma,-~ncain, repair or reconstruct any defective condition of tine work as determined herein, it is agreed tnat the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Suzety on tnis obligation. It is further al;re.ed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had herein fcr successive breaches cf ttie J conditions rerein provided until the full amount of this bond f shall have been exhausted, and it is further understood that the i obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be cnanged, diminished, or in any mane, r affected from any cause during, said t;;me. PROVIDEv, 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. :;e deemed an original, this the day of _ 19 PRINCIPAL SURETY sun;Pount corpora Lfoi) P.I!nlmard sttreLV 13Y BY: Th ~mn ;t, ,Sarin AT OKNEY IN-F,ACr Vlce 1'rvr;i,1vnt Steve 's. Siddons CONTRACTOR'S MAINTENANCE HOND-PAGE TWO NOTE; POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. 'DATE 0f: BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: SECRETARY - 4~ 1 I ~I I~ I ~ I CONTRACTOR'S MAINTENANCE BOND-PAGE THREE. Certified Gopy SEABOARD SURETY COMPANY No. 1,1541 ADM(NISTRANVE OFFiCES, BEDMINSTER, NE1N JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thal SEABOARh SUf~ETY COMPANY, It corpora;IOn of the Stale of New Ycrh, has trade, constlluted and appointed and by these presents does Iinake, constitute and appoint Robert C. Siddon3 or Robert C. Fricke or B(Fttyo Ann Rogers or T,inda Couey or Jessica Kendrick o.r: Steven B. Siddons of Austin, Texas Its tr.re and lowf ul Attorney- in-Fact, to make, execute and deliver on Its behalf insurance policies, surely bonds, undertakings and other Instruments of simllar nature as follows. l4ithout himitati ons Such rnsuralial po!ICles, surety bonds, unde,rlakmgs and instrurnents lot said purposes, when duly exeeuled by the aforesaid Atlornr)y-in Fact, shall be bindlnq upon the said Company as fully and to the same extent as it s'ryryect by the duly authorized officers of the r'onlpany and sealed whir i!s corporate seal, and all the acts of said Attorney-in-Fact, pursuant to the authority hereby clfven, Eire hereby ratified and confirmed 1?us appointment is glade pursuant to the following 8V .-aws which were duly adopted by the Soard of Directors of the said Company on Oecr_rnber 81h, 1927, with Amendments to and Including January 1!i. 1982 and are stflf in full force and ellecl ARnCLP. I11 sFCT1oN f Tok:ies, bonds. reeognlancee, stipulations, consenter of surety, undrrwriling undertakings and Insrrurit relating lhefeto. Iii s, rranc p(l¢Gi es bonds. recto r n iz Arc es, 511 puiatal nS. cCr, r-/115III 5Urelyow dto n(le rwr i l i no uPth,ct flN or l yso It It e Con,prny. mid le leas es. a y, Of+me n l; a l w o l het wham, relalinq m any way therelu or to any claim or loss fitFrt,vi shall he signed ,n Me n,,,,e and on behalf of Ihu Company lal lit, lnet,huFro, on of the Hoa.d. hln President it Vice-Ilraslriont or e ResideotV,co - Pre!,iden l and by l It(' Secruu,ry rn ASSS(r(Ser seta. y. a nOS Uuni Sec re li ry r1r a (4-,r; ;rlr M AsS151a^i shcto ary_ or ini to, ar) Atiu,It, y-In4 3LI fo1 111(' rofl) pany anpVUlIold and If I11`10 r 11 'ld by tllrr Gil airrnaIt of ;ho Hoar' irll' Prc(i -,It or a V¢. rPrns~denl to maAe such alpnBlllre of (CV by suC' )JVm, Ihr e's w represent al Vas as the Boardony Iroln 1,Ine I., time detcnrnnc Tn _ seal d the Company Shall if appropriale ho aflr 1 the refo by a' (such I IflcQf. Altor(,cq,,n-I , 1 cr reprp;,.nlaLv[` Itrt WITNESS MUHEREOF, SEA80AHO Si)RE1Y COMPANY has caused Ine5e presents to be sinned by one of its Vice- Pre;ldenis, end its corporate seal to be hers;unto affixed and duly atlesled by one of its Assistant Secrelanes. ttlis 7 t,h dayo1 Miter 19 93 ofi SE-ASO f1D SI RFTY OOMPANY, , A55ts nflsry ~ e~Presidelrt STATE OF NEVJ JERSEY its COUNTY OF SOMERSET On till.: 7th day of Ma N 13 93 before my personally appeared Michael B. Keegan a Vice-Presidenf o` SFABOAHD SUf1ETY COMPANY, with whom I am personally acquainted, who, heln;r by me (July sworn, said that he resides in the State of LaeW ~I?1 £y tt)af he ra i, Vice-ptesldent of SFA80ARD SURETY GOMPANY, the corporation described In and which exec lted tho loregoino tnslion,luni, that he knowsthe corporate seal of the Said Company: lhal the seal affixed to said instrument 'lssu-h corporate soaf; thatit w,vr ioaffixed by order of the Eioard of Dir(ctors of said Company ¢u~~dth~tTir f}Tz (1+ys~!arne Thereto act Vice-PresldClnt pf aid Company by like authority frr i Lft ~A S...I 2 _.f.. ,.K ~ i:1u.11) ,q hl n.., IY96 - W lair 1'rd'v: CE4,TIFICA T'"E ir.lurati S1,1rrl 5ech.lar,crSfr,BOAHl,611igeFY (,OrOPANV dare r.tyrteudnrh,q lhl nq, a l Pn wo, n l A¢omevnf 1;1, lPt f~mr,r.,,nnr b hl4 lrur ; Ire fCopy if a l(oh rr~a„ d attic, p1„ (del, ,I 111i,, rr11,, O'. I I i I...I'I•.corldyP,atl,a'Hf,,1'1 Pr raunf who rr4-.u I IliI P,P Sa id f'owur rA All,,(„ y Aa, i 01 Ihr, ('Pli, _ aUlrl'!, ".11 Uy IC L' HU'H,] lr rlin:,r;1 , r., „y,1 L nnq -Ids, d per r nr.ri ni A I{le VII ,.,,I :,r• , f 1r, it,, o_a,r6 oil F:nHra r, p[, <,I U~prv f))IrSnANIF Y lrry l'.r rbl r., Ir. r,'Al, !I a' .0 .,.•nir lI, l:rr.', J, .p ;7e r 1n it W(li,lrr tlr r'dir.f II .h 'y, I,,rt r,l lnr tr l ill y - r'. iris°Ir r. 01 11l rLroc i ' 1dl ilEsr7A. f(fl'sl lPj IF Cr If;PP N~ nt r,, r,dy ra 1+, a'r7 trr7'SI'It Ilir: n ipsl,.. , I('.;(,I '1F Cl 1, ih,o r t t, 'f { rYrl i;c_ r11,l,I r rl^ ,.i:r' c.(l 11 n,.' C , 1 , I' ,I It i gnat , r J1 pr. i1r da, '..r Oar; ur I,v r ;1'.1 11,IIl LnrreRrir 1 IILOp( f.bi.nSb41„'n1 L'rr"ulr_71) Ibr, P•15 lr nl, ii _ n V , f'n.5'Jr a. pur5r,d r,, In ArhCh"a'll , i I I',r })y,i a+s a f; l; n, r i li(r I ii II IF) r; rip 1'. aR,rtns:, .laI ern S nn the 1 1 r tl,I (I,I I:r I tor, t., Ct,nna . un 1 h1,nA ,I .,11,ro;rd 'r1 uni,v t,k .c.,!❑'InlJhr rr!„try(, mclr,r VIII-, -,,,rIi111,,l in fartsAnilII!/II 're'f h'• r1. I r L. r. pIr IF,,13J,1-IId,^:1 t, 1 0L Si IIt1,I fNilhryc1, 0N, II 1111 1 FV,r ,rv(' ar,d an;,ruvaA IN WfITNF;SS WHEREOF, I hao,o h,3reunlo 5el my nand !aid afflxe.d tlv:, : 11',aate sun! of t'ne (:cmpany to Iherv present;, IhIS / day At5i3lanl 'I' F1 ('1111 i fo,r4°,', rHr, l C`~~J~~~ ~ f D E' ~~~J Y T ~ ~ ~ J 2 p~ / c.~ O ~ Q r ~ ~On~ y T ~ OUJ v~~ p y S V~ G~~CQCGOGG'~~~0 i li II I ~ i II i AAAOCD97 PROJECT NO. CONTRACT NO. THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTUN § Hersman Development Corporation Whereas, and Lybhert F'ro~erties hereafter referred to as ')wner," whose business address is 6000 Royal Lane, irvinj;, Texas 75039 484 Copper Canon Road, ArLy1e, Texas_ 76.2.26 E is the owner of real property located ir 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 here ~ aLt;er referred to as "City"; ancf 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 tha Improvements without contracting with another party as lime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shal, mean the Owner as named above; or Q Whereas, the Owner elects to make such Improvements hereafter set firth by contracting with 11 & w Utility Contractors whose business address is 1.325 Ponder W~-F_lower Mound, Texas 75028 hereafter referred to as "Contractor"; and f Whereas, Owner and Contractor recognize that the City ha~5 an i interest in ensu.,ring that the Improvements subject to this i agreement, which will, upon completion and acceptance by the City, become public: propert are Y. rv erl P p y 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 i 1 reference, to be installed and constructed at hunters Ridge the owner, Contractor and City, in consideration of the' - ir mutual promises and covenants contained herein, agree as follows: 1• C'vvenants of Contract.,or. Contractor agrees as follows. ( a ) ~gp-Ecificati-gms- To c~,;tstruct and install tale Improvements in accordance witn the procedures, L•pecificatiohs and standards contained in Civi.sion II and III of the City's Standard S ecif j..cati_ons_.for Publ4_c _4 rks-Con structiQn_~_. Nort-h__C~?ntr ,l _Texas, 10 as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and ordinances being expressly incorporates herein by reference and being made a part of the agreement as thcugh written herein. (b) Authori+~y_of _Citt r)etineer; Inspect _gnsTests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City I f Engineer or his representative. The City Engineer sha:l decide all f!f questions which arise vas to the quality and acceptability of materials furnished, work performed, and the interpretation of i specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for asrer.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, 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 ouch failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve cr accept the Improvements. PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors a,; provided for in Item 1.26 of Division I of the Standard Sneciic ions for Public Works CoDstructio-n,_North Centraj-'Lexas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," s used therein, shall mean the City of Denton. (d) Means and Methods of Cnnstructi~on. That the means and methods, of construction shall be such as Contractor may choose; I subject, however, to the Cityls 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. M~LL-Vza_2 Covenants__of owner_ and Contractor, owner and Contractor mutually agree as follows: (a) performance Bcnds: 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 deveJopment," as defined by city's Development Code; (i) a performance bond in an amount not leas than the amount necess&ry 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 (i.i) the time cost of completing the Improvements building permits are re amount of the $50,000 or less guested, is i at in an City Engineer , as determined by te to complete the , cash r money in the amount necessary City Engineer may be de as determined by the escrow agent, Posited with a bank auts ensuring comple ton of suant to an escrow agreement exception, the Cit the Improvements. witho be used Y s escrow agreement form shall (b) Payment Bon(-! Ass_`ance_ op~Pa ment. That a7-eptance of the prior to Improvements; i a payment bond will be furnished in an amount not less than one hundred ~ approximate total cost of thrcen_ (100$; of the Improvements he contract cost of t protection of guaranteeing the full and proper er imants material for thelconstr c oon supplying labor and shall be in favor of the Improvements, executed b of the city, and shall be e do business app`oved surety company authorized in the State of Texas; or, (ii) if the total contra 50,000 $f the or ct amount of all Improvements is Engineer less, a;; determined by the City or the Improvements, regardless of the contract amount, are for a "one lot development, 11 i 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 material or both having furnished labor, Improvements In the construction of before shall be fully paid the acceptance of the Improvementsrld satisfied and that prior to acceptance of the ImprovementsY by the 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, or Contractor -,hall furnish a complete subcontractors who ~ Owner performed labor on, list of all , or supplied PAGE 5 (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 ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment jondi_Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, 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 sur,.:ty 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 Owner and Contractor shall furnish a writt-an 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 who performed labor on, or supplied PAGE 5 ~I material for, the construction of the Improvements, and, when requested, wri;:ten statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainaae, Final Pa ents, (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 I approval cr acceptance of the improvements. by the City. The owner shall tnereafter pay the Contractor the retainage, only after. Contractor has furnished to the owner satisfactory evidence that all indFebtclness connected with the work and all sums of money due for l:bar, material,, apporatu,;, fixtures or machinery furnished cr r; i;s _ca .ifi c.h~. performance of the work have been paid or J i:i) r n~q~.nL)): anr. s. Treat upon completion and approval or c, "oV)tanv ci( Che Improvements c.t tht. City, the Improvements shall bucomv th- L)roperty of the City free and clear of all liens, claims, charges or encumbrances of any kind. Tf, 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 Cit•r promptly cause such claim lien, charge or encumbrance to be satisfied and released nr promptly post a bond with the City in the amount of such claim, PAGE. 6 lien, chargD or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond.. That prior to approval or acceptance - of the Zmpravements by the city, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten ! percent (lot) of the contract amount of the improvements, insuring the :repair and replacement of all defects due to faulty material and workma+iship 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. i (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 damage: received as ~J 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 subcontractorsJn 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) reemPnt_Contrnll-I That the provision of this agreement shall control. over any conflicting provision of any contract between the Owner and Contractor as to the construction cf the Improvements. PAGE 7 J' 3. Uccupancv ne L~jt_Develorrents. 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 r restrain such occupancy. I (b) That if this contract applies o a "one lot development," as defined by City's Development code, and no performance or payment bond was required ::r 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 i constructed or located ttserein until all required public imorovenonts have been completed find accepted in accozdanc:e with this contract, 4 . Cn N!_c n nts__ uf__City. That, upon proper complet ion of thF Improvements in accordance with this aclreement, the City agrees to accept the Improvements. 5. Ve3jue_and Gover iingT,aw. The parties herein agree that this; contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclu.,ive venue shall. lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws Find court decisions of the state of Texas. PAGE; 8 6. Successor and Assigns. This contract shall be bindir;g upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 13th day of 2993 OWNER CONTRACTOR; II 4w Id Utility Contractors i 33 Y BY: ~i. L.., Jak ersnran, rF-e dent - ,ficiiael SS ~ 4.'. Jlezsman Development Corporati-on Pres{.c1enL 6040 Royal Lane CITY Or DFN )H, TEXAS Irvi y, e>:af, 7539 4Y 4 r s ,y t esi ent Chris LybberL Properties g B4 opp i C.anyt~ qq`1d C Y MANAGER ~rJ Y~e, pfe?aas gb2b ,TTE;ST: A I~-t ~ ` yJ 1fIFE WALTERS, CITY SECRETARY i J APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY I / I i PAGE 9 f I H&W Ut tI tv Contr a r,t ors 214°394842 P,02 1'X1rIijla ' H & W UTILITY CONTRACTORS This agreement is made and entered into on this 25th day of August, 1993 by and between H d W Utility Contractors, hereinafter referred to as 'H d. W' of 13?•5 Ponder Way, flower Mound, Denton County, Texas 75028. and Hersman Development hereinafter referred to as the 'Customer'. The purpose of this Agreement is to state the terms and conditions under which H G W will provide services and materials to the Customer. i The work to be performed by H d W is genermlly described as folloNs: I Installation of water and serer lines, and storm drain at ilUnters Ri Subdivision, Denton, Texas, dye i 11 3 W shall provide the following materials: ~ II :nstailation of approximately 2200 Ft, of 8' 0900 CL150 pipe 21 servia;s, four (4) fire hydrants, valves, necessry appurtenances, ar,d ~J concretm backfill. Bid per plans dated 8-3-93. Sub-Total Water: $55,159,78 Installation of approximately 2,580 ft. of 8' SDR-35 Pipe, 21 services, eight i8) manholes, one (1) cleanout, trencn safety, and concrete back- fill. Bid per plans dated 8-3-93, Sub-Totai SEwzr: $58,280,54 Installation of approximately 18 Ft, of 21' RCP Class III, 25'1 ft, of 18' RCP Class III, two (7) manholes, two (2) 12 ft, curb Inlet,, one (1) 10 Ft. curb inlet, one (1) tie-in to existing curb inlet, one (1) 8 ft. curb inlet, one (1) tle-In to existing curb inlet and concrnte b,ckfill. Bid per plans dated 8 3 99. Sub-Total Storm: $23,045,91 1325 Ponder 'WAY flower Mound, TX 76028 H&W Uti1 itv Contractors 2145394E42 F.63 Exclusions; Staking, removal and replacement of concrete in Lillian Miller Parkway, power pole and guide wire relocation in Lillian Miller Parkway, and city fees. Any materials not listed above necessary to complete the job shall be billed at cost to the Customer. TERMS OF pAYMEHT, The customer shall pay for the services and naterials provided, Including any additional materials required to complete the job as f follows; Iota I for Water, Sewer and Storm Installation; $136,486,23 t J Co ~ ~ng~_WiGh~~~2I Icabie_.5gjujas. It Is the intention of H & W to comply with a 1! applicable statutes, ordinances, and regulations concerning the job. If at any time such compliance is impossible for reasons beyond its control, H A W shall state the reasons therefore in writing to the Customer. If the Customer is unwilling to provide the funds necessary to allos compliance with applicable statutory authority, H & W may, without further liability, terminate this contract at once, and shall be indemnified by Customer for any penalty or fine incurred or assessed against H & W for such violations. I H&w utirit Y contr a4t or 2147,,,i94e42 P.04 ~Dli own on itio_ns In the event H & W encounters rock or other unknown subterranean conditions in performing its duties under this agreement, H & W shall notify the Customer of said conditions prior to commencement or comple- tion of any work which will result in any additional charges to the Customer. H & W and customer shall agree on the charges to be Incurred as a result of such unknown conditions and shall modify this agreement accordingly. In the event H & W and Customer are unable to Agree on a modification, H & W shall be relieved of all further duties hereunder and shall be paid for all services and materials provided prior to I discovery of the unknown conditions. ~ i f ' lt~cas~gsr to Apply I i This agreement shall tic construed under and in accordance with the laws of the State of Texas, and all obligations cf the parties created hereunder are performable Ir Denton County, Texas. Legal_ r~onstructfon In case any one or inure of the provisions contained in this Agree- ment shall fc:, any reason be held to be invalid, illegal, or unenforce- able in any respect, such invalidity, Illegality, or unenforceability shall not eftect any other provision therof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had ntmer been contained herein. H&W UtiIIt y Con tr act. ors 2145394842 F 03 Prio_ r Aaregment 5ueerceded This agreement constitutes the sole and only, agreement of the _ parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. i Executed at Flower Mound, Texas, on the date and year first above I written. R I H & w V i LI TY CONTRACTORS BY; l 11 CUSTOMER ~yv,w o~ ~)A-o-t ccjy corp5:haynes/sdb I A AIV' ' C E PRO,; ECT NO. CONTRACT NO. PERFOFC~~PIC:E }3oND BOND NO. 382-2459 THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENT;: COUNTY Of DENTON 5 That-H.1 W UTILITY CONTRACTORS _ 1325 PONDER BAY, FLOWER MOUND TX 75028 _ of DENTON County, Texas, hereinafter galled Principal and UNIVERSAL SURETY OF AMERICA _ P. O. BOX 1068, HOUSTON, TEXAS 77251-1068 a Corporation organized under the laws of the State of TEXAS and authorized to do business in the State oe 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" in the penal sum of ONE HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED FIFTY AND NO/100-------- 136 550.00---- ' ~ - - _L~A_ Dollars, lawful money of the United States, for the payment of wkiich sum well and truly to be made we bind ourselves, our heirs, executors, administrators, dnd successors, jointly and severally, J and firmly by these presents: THE Con:itton of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated 13TH the day of SEPTEMBER 1993 in the proper performance of which tl.e City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: SANITARY _SE14ERj_W ERA AN , 'TQRIy'R__~jQTs To __R, ~ iUNTERS_IDGE NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and. agreements of snid Contract in accordance with the Plans, Specifications, and Contract Doc.,ments during the original term thereof, and any Pxtension thereof which may be granted, with or wit':out notice to the surety, PAGE ONE and during the iife of any guarant' required under the Contract, and shall also well and truly cause to be performed and fulfi,lied all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVICE;7 further, that if any legal action be filed on this bond, venue shall lie in Denton County. M o, that said Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms off the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in tripi`cate, e,::ch one of which shall be deemed an original, this the 247Fi day of SEPTEMBER 19 93 PRINCIPAL SURETY H & W UTILITY CONTRACTORS UNIVERSAL SURETY OF AMERICA BY: fll;S, PRESIDENT ATTORNSY- IN-FACT PAULINE L. LESCH ATTEST: % i i 'c r ~E4RAkRY ;TOTE., POWER OF bTTORNEY OF SURETY MUST BE ATTACHED. DATE OE' BOND MUST NOT Br- PRIOR TO DATE OF CONTRACT. PAGE TWO UNIVERSAL SURETY OF AMERICA EffORTANT NOTICE To obtain information or make a complaint: 'You may, contact Sam 5icola, Vice President of Operations, whose direct dial number is 713-722-4660, You may also fax us information at 713-722-4601. You may also call Universal Surety of America's toll-free telephone number for information or to make a complaint at: I-8W-392-%97 i You may also write to Universal Surety of America at: P.O. Box 1068, Houston, Texas 77251-1008. You may contact the 'Texas Deparurtcnt of Insurance to obtain information an companies, coverages. rights or complaints at: 1-900-252-3439 You may also write the Texas Department of Insurance: P.O. Pox 144104, Austin. Texas 78714-9104, Fax #512-475-1771. i PRENIJUN1 OR CLAINIS DISPUTES: Should you have a dispute concerning your premium or i about a claim you should contact the company first. if the dispute is not resolved you may contact the Texas Depanmentofln.surance. AT"rACH THIS NOTICE rO YOUR POLICY: This notice is for information only and does not become it part or condition of the atttiOcd dtxurnent. 950 Echo Lane Suite 250 Houston, Texas 77024 713722.481X1 Fax 7 1 3 722-4%1 Mailing Address P.O. Box 1068 Houston. Texas "7251.11)(38 - - A iL-% CI OF PROJECT NO. CONTRACT NO. PAYMENT BOND BOND '10. 382-2459 THE STATE OF TEXAS § COUNTY OF DENTOr1 § f THAT H & W UTILITY CONTRACTORS 1325 POPRL'R !JAY, FLOWER MOUND, TX 75028 of DEtdTON County, Texas, hereinafter called principal and UNIVERSAL SURETY OE' AMERICA I _ P. O` BOX 1068, HOUSTON, 'N:XAS 7'7251-1068 a Corporation organized under the laws of the State of TEXAs and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, exas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perforr,i labor upon the buildings, Structures or improvements referred to in the attached contracr, in the penal sum of ONE HUNDRED 'N?IRTY STX l THOUSAND i:TVE HUNDRED NIFTY ,AND NO/100---------- / 136,550.00••`^) Dollars, lawful money of the United States, to be paid in Denton, 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 severa).1y. THE Condition of: this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Conrrac or, dated thr, 13TF! day of SFPTE;•1BF.R 199`; in the proper performance of which the City of Denton, .'exas, ras an interest a copy of which is hereto attached and made a parr. ';erect, 'or the construction of SANITARY SEWER, WA'I'I'1R, AfJD 5'I'ORN SEWFR_IMPROVI':MENTS TO SERVE - HUNTERS RTD E PAGE; itlE Now, THCREFORE, if the Princis l faithfully ,;hall well, truly, and caase to be performed it; duties and make or cause Contractor to make prompt payment to all persons, firms, sub_ contractors, corporations and claimants suEplying labor and material in the prosecution of the work provided for in said contract and any ana all duly authorized modification of said Contract that may hereafter be made, notice of which modification, of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, "iat if any legal venue shall lie in Denton County, Texas~n be filed upon this bond, AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work I the Plans S es perform ed thereunder, p cifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby naive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, i IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 24TH day of SEPTEMBER 19 93 . PRINCIPAL 5(IRETY H & W UTI.LITX_ML'LTRAC'TOE,~-.__ BY: BY: E H YNES, PRESIDENT ATTORNEY-IN-FACT ATTEST: PAULINE L. LJ ,Cf{ T' t~RY i ~ 4r~l ;TOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, PAGE TWo AAA419F1 PROJECT NO. CONTRACT NO. BOND NO. 382-2459 !r CONTRACTOR'S MAINTENANCE BOND ! (DEVELOPMENT CONTRACT) THE STATE OF TEXAS § COUNTY OF DE?iTON KNOW ALL MEN BY THESE PRESENTS: § That H & W UTILITY CONTRACTORS 1325 PONDER WAY FLOWER MOUND TX 75028 of DENTON County, Texas, hereinafter called Principal and UNIVERSAL SURETY OF AMERICA P. O. BOX 1068, HOUSTON, TEXAS 77251-1068 a corporation organized under the laws of the State of TEXAS and authorized to do business in the State of Texas, h-&reinafter 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 THIRTEEN THOUSAND SIX HUNDRED FIFTY FIVE. AND NO/100--------------1513,655 00 Dollars, lawful money of the United States, the said sum being percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Conditio.i of this Obligation is such that., WHEREAS, the Principal entered into a certain contract with Contractor, dated a 13TH day of SEPTEMBER 1993 in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENTS TO SERVE HUNTERS RIDGE PAGE ONE NOW1 THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any o: 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. In case the svid Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreec! that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. it is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton Cc;unty. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 24TH day of _SEPTEMBER , 19 93 PRINCIPAL SURETY H & W UTILITY CONTRACTORS UNIVERSAL SURETY OF AMERICA BY: 7l 11 MI AE S. NES, PRESIDFAT ATTORNEY- IN-FACT PAULINE L. LESCH I~ PAGE TWO i I NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND ' MUST NOT BE PRIOR TO DATE OF CONTRACT. I~ ATTEST: T "C ETARY PAGE THREE y UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 O GPA 382 ti459 For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know All Alen by Tbrse Presenrs. That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Pauline L. Lesch em sc n Cornell Jose ewton of Lewisville and State of Texas its true and lawful Altomey(s)-in-Fact, with full power and authonty hereby conferred in its name, pl a and ste d, to ex ute, ackno ledge and deliver Bonds not to exceed ~250,U0(~, unress such is accompanied y a etter o authority signed by the President, Secretary or Executive Vice - r)reesl end - Universal Surety of America, and to bind the Company thereby as fully and to the same extent as if such bonds weresigned by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the sppid A$q~pey(s}in-Face may do within the above stated limitations, and such authority is to continue in force until Junr, S~, 1YJ Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Slu-vent I Surety of America at a meeting held on the I Ith day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Anorney(s)-In-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seat of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." In Wlrness Whereof, Universal Surety of America has caused these presents to be signed by its President John Knox. Jr, and its corporate mal March ,A.D., 19 90 to be hereto affixed [his _ day of ,m, ^+<k UNIVERSA R A „ By: . John nox.Jr, President State of Texas County of Harris 11-.1. e/ On this Ist day of March , in the year 9Q-, fore me Wendy W. Stuck--y a notary public, personally appeared John KnC 1r . personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed it. w s y:;' Notary Public I, the undersigned Secretan of Universal Suret,v of America. hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company. and do hereby further certify that the said Power of Attorney is still iu lurce and effect. GIVEN under my hand and the seal of said Company, at iiouston. texas. this 24TH day of SEPTEMBER , ly 93. Secretary COMPLAINT NOTICE: Should any disputes arise regardingeither your premium or a claim, contact Universal Surely of America at 1812 Durham, Houston, rexas77007or bycalling (71If863-7788. Iftheprohlem is not resolved yott mac also write the Slate Board of Insurance. P.O. Nos 14Q091 • Austin, rexus?8714-9091. Fax (5121475-I 771 Ihis notice of complaint procedure: is for information only and does not become a part or condition of this bond. %rts inserumrni issued in recess of the penalty stated abosc is tutalk %md and tuthout any %ahdity, CERTIFICATE OF INSURANCE issue QJTE (MMIpPfYYI I PRODUCER f THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND !i CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1,1111A 111" IN r"It;PIJfY P.OLICIES.BELOW_.._.._ u DI N I uIq f rile E "l I I. COMPANIES AFFORDING COVERAGE roMPaNY r11Hl:-R l- I U 1.IJ.:; tiO I.EiTEN A r LIFT I OMPANY TI" i I'l t' ([)Mf'AN [J ~ INSURED C ISvb kll Tl.l f'f ! nNff, M I R 1 Hr`?'YI'II COMPANY C J FJ 1 J 1'I~II'? 17 0141~1 I I`I'I IT l i"'r I'(IIJC?I I+ Id r'1 `f LEI TED f I.r)hJl 4 of )I N[ COMPANY LETTER COMP,xrv E LETTFFl COVERAGfi8 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE I ISTFO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REDUIREF'ENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY "AVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LT R POLICY HUMBER DATE IMMiUDIYY) DATE IMh11DDYYI LIMITS E GENERAL ~ AGGREGATE ._..~._-.~_..•~•_~_.0_,~ 1)OE~N G GENERAL f I '1100 .UUU COMMERCIAL GENERAL LIABILITY PHODUCTS CONI AOG, S I. • 1,00 ,DUO CLAIMS MADE A OCCUR, r' PERSONAL A ADV. INJURY S -'OU ~UO(? OWNER'S d CONIFlACiOR 5 PROT EACH OCCURRENCE, $ I~U() . 000 FIRE DAMAGE (Any one Ilre) S [ U UUSJ EXPENSE fIN~'_,E_ ~ I AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT °I ,1)0f,pl)U j ALL OWNED AUTOS X SCHECULED AUTOS BODILY INJURY IPm pereonl X FIRED AUTOS EO AUTOS BODILY INJURY ODWer DLY NONOWN S GARAGE LIABILITY PNOPERTY DAMAGE S EXCE8a LIABI LITV U T I F r ; C r? / r)!y EACH OCCURRENCE S r 7 UMBIELLA FORM AGGREGATE S 1 .400. 000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION T 777'77/77 A~,T STATUTORY lIMl79 y`••~~~....... AND EACH ACCIDENT i DISFASE-POLICY LIMIT ll'(.' l 444 EMPLOYERS' LIABILITY ❑ISEASE EACH EMPLOYEE S ~-'1 ~ t)(J O TIE OTHER I I f i 111 JI +DESCRIPTION OF tlPERATI0149fLOC ATION 9IVEIIICLESISPECIAL ITEMS 09RTIPICAYR HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO C I I (JF ' N UI'I MAII DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE III I `E f1(.I'. I II 1, LEFT. f1UT FAILURE- TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION JR i?I' N I UIJ I I +1 ;'s r L;AUILITY OF ANY. KIND UPON HE CO ANY ITS AGENTS OR REPRESENTATIVES AUTHORIZED q R N yl N l _ J ~ACORC :~•d f7/90~ ---aDACORD_C10IRPORATIOIj lw j i i " v D oppp ~ r o p0 a E3 o° d 'o OO ~ 0 0~~~~0pQu . 4QOOp0~p0 aaa l AAAOOD97 PROJECT NO. CONTRACT NO. , /V2 THE STATE OF TEXAS DEVELOPMENT CONTRACT COUNTY OF DENTON 5 Whereas, Doris [3q.,ii Johnson hereafter referred to as "Owner," whose business address is P. 0. Box 1603, Denton TeX19 ..7.6.209 is the owner of real property located in the corporate limits of the City of Denton, or its rutraterritorial 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"; attd Whereas, as a condition to the beginning of construction of nnid 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 reforrod to no "Improltomontn," 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 contr.nctincg w.i.th 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 1 Whereas, the owner elects to make such Improvements hereafter set forth by contracting with 'rim Beaty Builders, in(:. whose business address is j P 0 Box 68, Denton.-Tx 76202 , hereafter 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 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 Doris Bean Johnson Sub-Division #2. Southeast corner of Frame Street and Uland Street. the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 7.. Cgvonmtv 2L.j~ ractq~. Contractor agrees as follows: (a) Specifi at o ss. To construct and install the Improvements in accordance with the procedures, specifications and standards contained In Division II and III of the City's Standard Specifications for Public wqrks C ns Xuotion, North Cent ral,-Te-9-4-9, no mmondod, and n.1 .l. nddendums thereto, and all other regulations, ordbinnCen or 11p0c.1.C.1,cnt,1.ona applicable to such Improvements, such PAGr 2 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 Engineer; Inspections Tests and r 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 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 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, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 Z (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 Contractg_r. 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 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 (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 ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, 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 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 F 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 plblic. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 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) Retainaae• 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) Encumbra es . 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, PAGE 6 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance, (e) Maintenance Bond, That prior to approval or acceptance / of the Improvements by the city, to furnish a maintenance bond in r 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 Texan, (f) Lndemnification, 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 of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage, (a) Agreement Cont nll~ne, 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 f 3. 9ccupancv• One Lot follows: Devn~opments, Owner further agrees as (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 $31000.00 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 City0s 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 o Cit.. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5- Y&QU&-And Govern' nn j 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 i I 6. Successor and Assigns. This contract shall be binding upon I and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, " day of/ , 19~ OWNER CONTRACTOR BY: Byc-: CITY OF DENTTEXAS B ' CI Y MANAGE ;ATST: IFE ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY, PAGE 9 i f I l~ s•l~1~► .rA TimBEATY November 1, 1903 Ms. Doris Bean Johnson p. 0. Box 1603 Denton, Texas 76202 RE: Concrete Work - Doris Bean Johnson sub-Division 42 !Dear Ms. Johnson: I hereby submit the following bid to provide labor, ,natcrial.s and equipment to install. concrete at the above referenced location as described below. i pour 610' of 4'wide sidewalk with curing compound $4,284.00 Pour three 20' approaches $3,4'76.OU Pour 90' of curbing and 20' radius $2,076.00 Includes raw-cutting existing street and asphalt bacltfill Dirtwork and removal of debris $7.,050.00 - - - - - - TOTAL BID PRICE $10,886.00 - - - Note: This bid may be withdrawn or revised by Tim Beaty Builders if not accepted within .10 days. Any alteration from the above specifications than involves eNLra cost will be executed only upon written orders and will. become an extra charge over the bid price. All ag:eoments are contingent upon strikes, accidents or delays beyond our conLrol,. A Worker's Compensation and General Liability Insurance policy of One M.il.l.lon Dollars is carried by Tim Beaty Builders. Plenso contact me if you need further information. Sincerely, i'lm Beaty P.O. BOX 68 DE1,4TON, TP" 76202 (817) 38i I 1233L PROJECT NO.~ (a CONTRACT NO. BLS r• THE STATE OF TEXAS g ESCROW AGREEMENT IN LIEU COUNTY OF UENTON § OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, _ n°ris Benn Johnson _ , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial ih jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the cl.ty of Denton, Texas, hereafter referred to as "City", executed a I 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 tue 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 $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; NOW, THEREFORE, OWNER, City and I , hereafter called "Escrow , agree a- follows: Agentn 1. AmouIt _ Owner, as a condition to receiving building per- wits for property located at ----ll.-QZ-.t s e o n J o h n s o n 1) //2 shall deposit the sum of thousand of ht hundred eighty -IU ffvc and 00/100----- 10 885 0a), in Dash 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 public; said Improvements being more particularly descrined in development contract dated the Itic November day Of 19 93 between the Contractor City) Owner and Owner's to which reference is made herein. 2. Notice of Deuosit, No building permits shall be issued !'Y t%Lty lic,r Ciw notifies City, in prupu wrirtitynliuruin kluscribu d until "scrow Agent g, 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 MIL uf, Chu usevowod funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for hereikl as f:otlows: (a) the City Engineer shall authorize the release thu uscr,,wed funds when all Improvements are PAGF. 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 andm the escrowed are scomto the pleted 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 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: Doris Bean Johnson P. 0. Box 1603 ESCROW AGENT: 4iii 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement, 5. Nonliabilit 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 nor, 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 question, dispute, or disagreement has been roaolvod; 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 mattur. 6. 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. PAUL" 4 IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of py~y, 19. CITY OF DENTON OWNER BY., 8Y:~~~' ESCROW AGENT By PAGE, S ACOOM OF: DATE At' M+-~Fl~II-"~C(,`~~~,""'--"-" CMCRBAHD OCHER l11'M9 APF qE ~_.:`...__.__z__._. CENF0 FOR DEP09~"9UBxCt fO tNE 7 $A tM3 CITYIBTATE 10c,10O NJHy tUy9 _!IP.__^, dl1 EEd1'VIN WN AORFEMFN/, Depositor's Copy DASH CHECKS . ~`itiSLl'7"17b7ifArlAl[7A(R31iNR4iDfiif7WF~ 0311 t Gc,G~OC~Cppp ~~oO~p~ o P o ~ ~OoOO~O~ d ` ~ fl Cl cs p ~~DOO°~ y r o t e+ OO~~~ °°0~poaaaaaoo°~° i AAAOOD97 PROJECT NO. "U CONTRACT No. s THE STATE OF TEXAS S DEVELOPMENT COT C COUNTY OF DENTON S r ' Whereas, William C. and Carol. L.°k I hereafter referred to as "owner," whose business address is 912 Miduita 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 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 constructt.i in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] Whereas, the owner elects to construct the Improvements i 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 *Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Lowell Cummings, Inc. whose business address is 431 Southfork Lewisville, TX 75067 , 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 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 4~irfrtp-4~xe {~~eE-~~• rr ALST} ...1 .....f at-tee' ed ..J A 1 v l L ~rt-~iw~ rr~~ t _ i 11 • - C1RH I I R i 1 Y .1 j the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as followst 1, o enants oP Contractor. Contractor agrees as follows: (a) U-acifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Qityl Standard I dons for Public Works Construction ff=th Central Texag, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such Qf` Lots 1 5 2 Block One Chiquita Addition PAGE 2 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 Cites Engineer: Tnanections, 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 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 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, the city shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 (c) insurance. To provide fnr insurance in accordance with the insurance requirements applicable to contractors as provided I~ for in Item 1.26 of Division i of the Standard Spegifications fQK j _ Public Works Construction North central Texas, as amended, the E 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. f_itual 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 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 k (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 ensuring 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 percer`: (100%) 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 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 "gone 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 prier 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 who performed labor on, or supplied PAGE 5 material for, the construction of the improvements, and,hwhen requested, written statement from any or eac of such subcontractors or suppliers that they have been paid in full, (c) e a e' Final a nts. [This provision (c) applies only where the owner and Contractor are not r ~ as securit he same party.] That y for the faithful completion of t Contractor and Owner agree that the Owner shall retain mtenVe percent of the total dollar amount of the contract peoent price or acceptance of the improvements by until after final shall thereafter Y the City, The owner pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence all indebtedness connected with the work and all sums ofmone that for labor, materials y due apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) 211Q a__ n es- That upon acceptance of the n completion and approval or 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 dedicated to the Cit or land y, 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 - f such claim, PAGE 6 lien, charge or encumbrance, in favor of the city, to ensure payment of such clat.m, lien, charge or encumbrance. (e) Maintenance Song. 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 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 of the improvements; and shall an pay any judgment, with costs, which may be obtained against the city growing out of such injur or damage, (g) Agrg~g ent Cg=olling. That the prevision 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 3. Occupy cy; 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 to accept the Improvements, 5. Venue and GOyerning 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. Succ s Assigns. This contract shall be binding upon acid inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, ZZ day of ja" ~ _ , 1983-- OWNER CONTRAC R BY: MJ _,ICJ William G. `K~e=r=n~eQk ~ BY. BY. CITY OF DENTON, TEXAS ~-L Carol L. Kernek BY CkYAG R ATTEST: 1 J IFER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 r 1233L PROJECT No, CONTRACT NO, THE STATE OF TEXAS § COUNTY OF UENTON ESCROW AGREEMENT IN LIEU OF PFRFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, William G, and Carol L. Kernek 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 Improvements by the City; and WHEREAS, in order to receive such building permits Owner t 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; NOW, THEREFORE, OWNER, City and First State Rank of Texas hereafter called "Escrow Agent", agree as follows: / 1. Amount. Owner, as a condition to receiving building per- mits for property located at Extension of Chiquita Street shall deposit the sum of ._~..1uL_Th n~ a .7 it l la °nr3~nY_ O, in cash money, with Escrow Agent, said sum beirig in an amount, as determined by the City, necessary to insure I 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 -4th day of J uuazY , 19. _43, between the City, Owner and Owner's Contractor, to which reference is made herein, 2. Notice of DeRosit. 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 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 IN 111 completed and approved in accordance with provisions of the development contract; the Engineerawhoseo Judgments shallb be abindin the city parties hereto. g on all (b) The City Engineer, may, but is not required to, authorize, periodically, the specified sums of release of the escrowed Owner if, and as, the Improvements aurescompleted a and pproved or accepted by the Ciey , so long as the remaining funds in stages sufficient t not released are 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. Notes. 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 1 215 East McKinney Denton, Texas 76201 OWNER' Will ill") G. and Carol L. Kernek _ 912Clif aita ESCROW AGENT: First Statc Bank of Texas 101 Soutli Locust 4. Fees. Owner agrees to p ay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonlisbilit of Escrow A enC. 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 I willful misconduct. if any qu%stion, 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 f 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 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. 6. 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 ,r shall lie in Denton County, Texas. I PAGE 4 i i i i IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this -,2q" day of prlt~/i~~ , 19 / r CITY OF DENTON OWNER f BY: El Y : ESCROW AGENT BY: t11c J. Cohen Vice President First State Bank of Texas I PAGE 5 , LCI ENGINEERING DAVE BOSTON HOMES El Paseo January 29, 1993 Denton, Texas Regarding: The KERNEK RESIDENCE 1 East End of Chiquita Street Denton, Texas PROPOSAL We propose to Completely Install an approximately 32 foot Extension of Chiquita Street, Denton as an Entry to the New Kernek Residence per City Stantards Attached and with Proposed Substitution of Subgrade Select Fill for 6" Lime Stabilization. LUMP SUM_ $5,000.00 Thank u ' LCI Engineerin Lowell Cummin LI-WISVILLF • DFNTON • RICHARDSON • DALLAS • 214/644.0882 ~ -F. oOO~~pC oO~CQOp6 ~G~pO OOGa pp~ o° ~ y ,,gga Q r p~~°0oooooaaaooo°°~~~ I f r I AM00097 1 PROJECT NO. CONTRACT NO. ;2d b THE STATE OF TEXAS § COUNTY OF DENTON DEy ELOPMENT CONTRACT $ Whereas, _ 9 SY~3,E .~/2 3 ,Yale hereafter reZerred 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 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 elector 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 I Whereas, the owner elects to make such Improvements hereafter set forth by contracting with whose business address is 7y - 7. ~ hereafter 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 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 e f?2 the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants 2f Contractor, Contractor agrees as follows: (a) Specifications. To conqtruct and install the Improvements in accordance with the. procedures, specifications and standards 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 such Improvements, such PAGE 2 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 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 I 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, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 v (e) 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 - r 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 lwpeovements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds: &scrow 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 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 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 ensuring completion of the Improvements. Without exception, the city's escrow agreement form shall be used. (b) PayMent Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants sup,alying 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 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 unrPleased 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 who performed labor on, or supplied PAGE 5 ti i 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) eetainaae; Final Pavments, This ( provision (c) applies i'- 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 evidenca 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 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, PAGE 6 lien, charge or encumbrance in favor of the City, to ensure payment of such claim lien, charge or encumbrance. (e) a' to o • That prior to of the Improvements by approval or acceptance ~ Y the Cit Atance form y' and substance acceptable to furnish a maintenance bond in percent (ipg) of the contract amount to the of the City, in the amount of the repair and Improvements, insuri ten ng 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 sure' the State of Texas. Y company authorized to do business in (f) • To indemnify, defend and save harmless, the City. its suits, actions or officers, agents and employees from all 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 of the improvements,. and shall Pay any judgment, with costs may be obtained against the C which damage. City growing out of such injury or (g) A9 agreement That the provision of this shall control over contract any conflicting provision of any between the Owner and Contractor as to the construction of the Improvements. PAGE 7 3. Occupancy; One Lot peveloaqgnts. 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 th^ 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. goyanants 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 Lag. 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. PkGP, 8 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, L day of 19 OWNER CONTRACTOR . BY: B~Y'i ~ ITY OF DE OWTEXA BY:~ !/e ITY MANAGER ATTEST: 14 N FER TERS, CITY SECRETARY LJ i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 'PAGE 9 I PROJECT NO. CONTRACT NO. _ i THE STATE OF TEXAS ESCROW AGREEMENT IN LIEU COU14TY OF DENTON § OF PERFORMANCE BOND r (Development Coutract-Improvements of $50,000 or Les,) WHEREAS, .1077E ST z ql,) ,t/c', hereait.eL referre- to a3 "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 devel.)pment 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 accords.,::_- with the specifications, standards and ordinances of the City; and WHEREAS, Owner wines 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 cult to complete the Improvements is $50,000 or less, in lieu of posting a performance bond, escrow e..sh money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; NOW, TREREFORE, OWNER, City and hereafter tailed "Escrow Agent", agree as follows; 1, Amount. Owner, as a condition to receiving building per- mits for property located at 9Wie 'e J1,5r u/, dF AW -2P l91D S, 260,0199) 47 4 ~Ioc/c.~ ~o>~eS111f ~1k3 9~rnn,shall deposit the sum of AO. 4110usa0Vv QAJ I~Qlypa_c !-2FTy N114t74411) ,t_M d0 q/30 - in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements wnicli are to be dedicated to the public; said Imp,.;~vements being more particularly described in that certain development contract dated the a day of _ , /(1 , 19LI -2) , 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 Zscrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been dcoosited 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 autnorize the release all the escrowed funds when all Improvements are PAGE 2. i completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released axe 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 7//6201 OWNER: 37-Ae I-A) ESCROW AGENT: ~,~sr S77a7 f f~i~~%~ 7772, ~<<~c~~(~~/sx /'0- /38r 106 4. Fees. Owner agrees to pay any and all fees or cot;ts charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow A;~nt. 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 PACE 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 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 +-endered by a court of competent juris- diction, as order binding all parties interested in the matter, 6. Successors and Aesi~ns. 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. PACE 4 1.14 WITNtSS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this 02 day of JU Al E, , f 19 I CITY OF DENTON OWNER. BY: BY- 'po ESCROW AGENT i BY: /1'V))( 7 Z PAGE S JOE WADC CONTRACTING CO., INC. 7.700 SHERWOOD LAP OMT1OM TX 701:)4 June 9, 1993 ~1lNr®rf A Denton Gnlf CgntLBe Nel%an We uruoose to furnish, all matr.rials, lndur, tools and I eqtjinment to romplete the following work: Joh & Location. Wzte,- Improvements - Dpntun Gol{ Centor D escriptloh3 1, 9" PVC Water i_ine-Appr-or. 2:00 I.f, @ $16,00 $3420o.00 2. 8" Bate Valve 1 ea. @ $459.00 $450.00 Tau for Water Service 1 ga. C t500'00 $500.()4 Total S4, 1g .00, Tiarmsr Payment Due on Como eti.on ACCFPTEDi _ py" DAZE r 6 CONTRACTORe Jop Wade Cori tractirio Co., Inc.. BY: ~rAT~-:: CIS _ <y -'OE WAD-2 CONTRACTING CO., I?d G, ?OD SHCFH'v+lCj(?D LAfiJCf.~r r;; 731 U June 9, 1993 Denton Golf Center k 0. H. Nel%on 1 We oruoosv to furnish all matarials, labor, tools and eouipment to complete the following work; Job & Locatian; Water lmprovementn Denton Got; Center 1)rscriotion: 1. 9" PVC Water Line-Aoprox, 200 1.4, Q $16.00 $3..7.00.00 2. 9" Uatp Valve 1 ea. @ $450.60 $450.00 Tap for Water Service 1 ga. @ 2500.00 3500.00 Total 54,150,00 Tormsr Payment Due on Completion ACC.PTEDI _ DATEr CONTRACT Ri Jos Wade `Contracting _ Co.. Inc. By, ~ JDe Wa Frp6idc~nl. DATE, a r O0°oG~t;~p4 CGpCpp0000O 000 O { dO % OO o c° 0 M p ~ 1 AAAQC''97 PROJECT NO. 3 f c' CONTRACT NO.+J THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON § Whereas, 4*0 yrk~ 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 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 prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or r 1 « Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Rl W? eCuT,F'U('1wQN, ` r whose business address is So--o. raoin ( K at t _ FJO2, hereafter 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 the CJty'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 410 (1) :r-L the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows; 1. Covenants of Contr cto . Contractor agroes as follows: (a) Specification. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard Specifications for Public forks Construction. North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such PAGE 2 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 Enaineer Inspections Tes s a 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 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 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, 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 f' 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 Ce al TeMs, 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 Constructions, That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any ?mprovements for which the means or method of construction does riot, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of owner and Cc tr4ct9r. Owner and Contractor mutually agree as follows: (a) Performance Bonds, Escrow AgreexUt. 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 improvements mebting 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 PAGE 4 h (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of X50,000 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 ensuring completion of the improvements. Without exception, the City's escrow agreement form shall be used. (b) P_~yment Bot}c~;_ _Assurance o-L_Pavment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper II protection of all claimar a 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 Stace 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 beeii 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 who performed labor on, or supplied PAGE 5 4 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.) That as security for the faithful completion of the Improvements, Contractor and owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) cumbrances. 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, 1 PAGE 6 1 lien, charge or encumbrance, in favor of the city, to ensure 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 i percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that app,iar 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 Sta+.•i of Iaxas. 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, employeeo or subcontractors; or on account of any negligent act of fault of 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) Aareemen coat olli,ni, 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 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That owner will not allow any purchasers, lessee, or I other person to occupy any building within the development until all Improvements are completed and accepted by the Ci"f, 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 Citv. 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. Su cess_or and A_nns. This contract shall be binding upon ~ and inuro to the benefit of the parties hereto, their respective successors and assigns. Ex(cuted in triplicate this, 3-Z_Ir day of 20 c / l' , i 9 93 OWNER !n'VF-/J- ndU~ '4~ .Irez?es' CONTRACTOR C47'4cr.f CoArOP. (oRp, BY: a BY: CITY OF D IFpN, TEXAS C T MAN G R ATTEST: ER W TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY BY., ji ~t PAGE 9 X78 '~J 15t'5-4 PHILLIP HUTCHIIIG.; HaAH~AAAAAAA p,L EXHIBIT A CATALPA CONSTRUCTION CORPORATION 924 Sweetgum Creek, Plano, Texas 75023 (214) 517-3811 Fax (214) 517-2788 August 12, 1993 Proposal to: Love's Country Store Re: Store No. 217 P. 0. Box 26210 Int. Hwy 35 & Serv. Rd. 156 Oklahoma City, Oklahoma 73126 Sanger, Texas (405) 751-9000 Fax 749-9110 We are pleased to quote the following sanitary sewer force main, gravity line and lift station improvements to serve the above referenced project per the drawing prepared by Hammett and Nash Engineers, Inc., dated May 17, 1993: Force Main 1. 12,080 LF 4" DR 18 PVC 2. 3 SA 2" Air Release Valves 3. 2 EA 2" Combination Air/Vacuum Valves 4. 508 LF Bore w/s" Steel Casing Subtotal Force Main $123,984.00 Lift Station 1. 1 EA Duplex Hydromatic 5 HP Grinder Lift Station L. 1 EA 5' Dia. Metering Manhole & Chart Recorder Subtotal Lift station $28,422.00 Gravity Sewer Line 1. 240 LF 6" SDR 35 PVC 2. 100 LF 4" SCH 40 PVC 3. 1 EA 4' Dia. Manhole 4. 1 LS Remove & Replace Existing Pavement Subtotal Gravity Sewer Line $10,964,00 Total This Proposal $163,369.00 Prices include: Workers Compensation and general Liability insurance, labor equipment and material necessary for a complete installation, mechanically tamped backf ill with excavated material. Prices do not include: Engineering eurvey, soils testing services, adjustments to existing utilities. Work may commence within 10 days from approval to ;proceed and should be completed within 46 working days thereafter pending favorable working conditions. Estimates to be submitted monthly with payment to be received by the following month lose 10% to be retained until acceptance of these improvements. Overdue payments to accrue 1 1/2% interest per month until received. If you may need any additional information or cervices, please do not hesitate to contact us, Re ectfully submitted, Philli M. Hutchings, Pekoe. Catalpa Construction Corporation We appreciate your business! r (CERTIFICATE OF INSURANCE ISSUE DATE PRODUCER ~02~93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Locklon Insurance Agency A NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE ES NOT MEND. EXTEND R ALTER THIE COVERAGE AFFORDED BY THE POLILIC ES BELOW of Ifouston, Inc, 14505 Torrey Chase Blvd. COMPANIES AFFORDING COVERAGE Houston, TX 77014 INSURED COMPANY CREDIT GENERAL INSURANCE COMPANY OF TEXAS CERTIFIED SYSTEMS, INC. 3218 HWY 67, SUITE 201 COMPANY MESQUITE, TEXAS 75150 CLIENT COMPANY COMPANY Catalpa Construction Corp. COMPANY 924 Sweetgum Creek Plano, Texas 75023 COVERAGES THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED 0 R MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 S UBJ ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE LTA POLICY NUMBER DATE (MIDO NE PDATE (M D0,YYI DATE MbpNy} DATE (MAVDOA'1~ UM(TB GENERAL LIABILITY ODUCTAOOMPeO COMMERCIAL GENERAL LIABILITY PRGENERAL CLAIMS MADE OCCUR. PEERSONARSONA P & ADV,rOP AGO, { OWNER'S { CONTRACTOR'S PROT. L ADV. INJURY S EACH OCCURRENCE { FIRE DAMAGE (Arty ono NN) { AUTOMOBILE LIABILITY HIED. EXPENSE (Amy wo Dwim) { ANY AUTO COMBINED BINDLE { ALL OWNED AUTOS LIMIT SCHEDULED AU TOS HIREDAUTOS (pyDIPL.YryIp1jURV { NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY (Pk ecddenR ~ PROPERIYDAMAOE I EXCESS LIABILITY UM BRELLA FORM EACH OCCURRENCE I OTHER THAN UMBRELLA FORM AGGREGATE { WOAX IRS COMPENSATION RTATUTORY LIMITS I A AND TWC-200.011.01 7.1.90 7-1-94 EACH ACCIDENT $1,000,000 EMPLOYE RS' LIABILITY DISEASE•POLICYLIMIT f 1,000,000 OTHER DISEASE•EACHEMPLO1TE { 1,000,000 DESCRIPTION OF OPERATION&LOCATIONSNEHICLS SPECIAL ITEMS Coverage applies only to CSi employees leased lo: Catalpa Construction Corp. CERTIFICATE HOLDER CANCELLATION City Of Denton SHOULDANYOFTHEABOVEDESCRIBED POLICIES BECANCELLED BEFORE . McKinney THE EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILLENDEAVOR 215 EDenton, Texas '76201 TO MAIL g, DAYS WAI NOTICE TO THE CERTIFICATE HOLDER NAMED Att: Jennifer Walters TO THE LEFf0U LUgE TO MAIL CH NOTICG SHALL IMPOSE NO y OR AEPF JESE City secretor OBLIGATION TY OF Y KI GPON THE COMPANY, 1T9 AGENTS ESE AUTHORIZE REPRESENTATIVE oGOQOG~ro 4CODGpp~o p~O~, ~Q ti a G7 a o Q C y ppp0 o M t ~ + ~d0 1100, QOOOOD~~oO I 1 AAAOOF23 PROJECT No. CONTRACT N0.G - THE STATE OF TEXAS S DEVEI,QPMENT C0ETRACT COUNTY OF DENTON S Whereas, F & F Properties, a Texas Joint Ventuc hereafter referred to as "Owner," whose business address is 700 Daltas Dr. Denton Texas 76205 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictidn; and Whereas, Owner wishes to develop the property and such devel- opment must be performed in accordance with the applicable ordi- nances 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 Whereas, the owner elects 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 November. 1, 1222, the improvements set forth herein and described in Exhibit "B" attached hereto, the plans for the construction of improvements, which is incorporated herein by reference; or 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 property constructed in accordance with the City's specifications and that payment is made therefor; AITNS68ST8 As to the Improvements to be dedicatad 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 Owner, Contractor and City, in consideration, of their mutual promises and covenants contained herein, agree as ` follows: I. Covenants o Contractor. Contractor agrees as follows: (a) To construct and install the Improvements as de- scribed in the plans attached hereto as Exhibit "B" and to complete such construction not later than November ! 1993 Con- tractor/Owner agrees to construct such improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City0s StBnda_r.! SbeCf a fnna f 4 WOYk6 onstr~?Ct nn tu.-...wi. entra_ 8 as amended, and all addendums thereto, and all other regulations, ordinances or speci- fications applicable to suck) Improvements, such specifications, standards, regulations and ordinances being expressly incorporated PAGE 2 herein by reference and being made a part of the agreement as though written herein. ~ (b) u t of City weer: Ins- ec~t o ..A_3'es_ is aka -Orders That all work on the Improvements shall be Performed good and workmanlike manner and to the satisfaction Ofthe City Engineer or his representative, The cit y y Engineer shall decide all questions which arise as to the quality and material acceptability Of s furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facilit whether or not the work facility for ascertaining performed was in accordance with the speci- fications 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 s until such failure uch work is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obli- gation under this agreement to approve or accept the Improvements, (c) lriaurangoL To provide for insurance in accordance with the insurance requirements applicable to contractors as PAGE 3 provided for in Item 1.26 of Division I of the Standard e> a fications fobpublic-Wo rr1Ss_ConC} uctioh . North CentraL Texas as amended, the provisions of which are expressly incorporated herein 'i by reference; provided, however, for purpose of this provision E only, "Owner," as used therein, shall mean the city of Denton. (d) Means and Methods oP C~~ 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. Mtl~ual r~,venants Qf owner and Con a ~oL owner and contractor mutually agree as follows: (a) L' 4rmance Bond Es +~w Aareaman* 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 it) an amount not less than the amount necessary to complete the Improve- ments, 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, (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, a,s determi,nod by PAGE 4 t the City Engineer necessar l cash money in the amount y to complete the Improvements, as determined by the City Engineer, may be de- posited with a bank &s escrow agent pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the city's escrow agreement form shall be used. ! (b) 3'avment Bona• nssurrs op pavm n~ ~ --•-~L That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full 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 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, "one riots development," as defined by fora Development Code and a Y City s been submitted in accordance with(oI has not Owner and Contractor agree and ) above, any and all debts due to an guarantee that corporation having furnished labor,~~material 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 Improvements, the Owner and Contractor shall furnish a' written affidavit, in a form provided City Engineer, stating that al 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 who performed labor PAGE 5 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 been paid in full. (c) Retainacxe: FinaL P . 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 totLl 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 Owne: 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) Fl~cumbnces• 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 wh!ch 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, PAGE 6 lien, charge or encumbrance, in favor of the city, to insure payment of such claim, lien, charge or encumbrance. (e) X-5!i0tenanQe 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, ensuring 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) IndemniP;mat;an 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 sub- contractors; or on account of any negligent act of fault of 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) 8greement ~nt+~i>~~ 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 3. Occupancy; One of 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 improve- ments 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 Govern ng i,aw 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 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 12th day of April , 1992.3 OWNER CONTRACTOR BY: ~CBY J. ou t9i Jr. Trim Lee CITY OF D TON, TEXAS _Q / BY . ~iL C MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: (Ing. a APP VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 9 1233L PROJECT NO, CONTRACT NO, - THE SPATE OF TEXAS g COUNTY OF DENTON ESCROW AGREEMENT IN LIEU OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, P $ P properties, a Joint V _ entuie , 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 Improvements 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 leas than the amount necessary to insure completion of said Improvements; r Now, 'T'HEREFORE, OWNER, City and _1 irst State Bank nereafter called "Escrow agree as follows: Agent", l• Amount. Owner, as a condition to receiving buildin mils for propert g per" y located at 3612 L, h1cAill1jey, 1)erlton, Texas 76201 Shall deposit the sum of -_..Fourousand five hundred and 110/ 100 dollars 4,S00 00 -1A_4y in cash money, with Escrow Agelnt said an amount, as determined b id sum being by the City, necessary to insure completion J, all Improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the day of Agri 1 , 19 93 between the City, Owner acid Owner's Contractor, to which reference is made herein, 2. Notice of Deposit. - 1No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in tine 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 all the escrowed funds when all Improvements are PACE 2 i i completed and approved in accordance with provisions of the development contract; the Engineerawhoseo judgments shall be abindingthon Call 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 complete(). and approved or accepted by the City in staRFs, so long as the remaining funds not releasedd, are sufficient to complete the construction of the remaining Improvements which have not bee,n, 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, Texts 76201 OWNER: P F I' F'ro~arties a 'texas Joint Venture I J, Fouts, Jr. Trustee ESCROW AGENT: First State yank of D 4. Fees. Owner agrees to pay any and all fees or coats charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Arent, The Escrow Agent ?hall 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 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 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 tho 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 i IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this 27~/ _ day of April 19 93 I CITY OF UENTON OWNER BY: BY: T. r uts, ,I r. rii ee ESCROW AGENT By PAGE s Hammett & Nash, Inc GARY W. HAMM@TT • REGISTERED PNOFES SIU IIA I. LANO SURVEYOR P.O. HOX 1552 • DENTON, TEXAS 76202 TX NIS4Y (817) 3870506 (817) 5665427 FAX (817) 5650436 W. S. NASH REGISTERED PROFESSIW4AL LAND SURVEYOR TX OW3 LA 1/202• REOISIENED PROFESSIONAL CIVIL ENOINEEN TX N14312 Tnri1 8, 1993 AN 01683 L.A 04038 MS Y23BE P & F Properties 700 Dallas Drive Denton, TX 76205 RE: Lot 4 Block One Loop 288 Centre) Estimate for construction of sidewalk & drainage flume. To Whom It May Concern: Below is the estimate that you requested from Hammett & Nash, Inc., regarding the above mentioned property. 41 wide sidewalk 83 sq yards @ $ 24.10 per yard = $2,000.30 Steel Plate over flume 1 each @ 100.00 each 100.00 Drainage Flume and Rip Rap 1 each @ 2,400.00 2,400.00 TOTAL ESTIMATE PRICE 54,500.00 If, we can be of any further assistance, please feel free to contact us at anytime, Sincpre3g, AMMETT & NASH, INC. W.S. NASH WSN:bc r k ii ooo~c o°°caoc°ooGo ooo~ ~ ro ono q P o y~ - O~DOOQ~wQQM d0~~~~O~oO dd I W00091 PROJECT NO. ~3a~z CONTRACT NO. -261 THE STATE OF TEXAS 5 DEVELOPMENT C_QU-RACT COUNTY OF DENTON § Whereas, 8anctko Vista Development Cc, I . hereafter referred tc as "Owner," whose business address is _ , 3400 Thanksgiving Tower, Dallas, Texas 7,5201 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 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 lse.lect applicable provision as follows) C] 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 r i Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Wilson Barnes General Contractors, Inc. whose business address is 5000 Quorum Drive, Suite 235, Dallas, Texas 75240 hereafter J 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 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 _ 5812 135 North, Denton, Texas 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) 22ggifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City, s St..,,A„rA Scecifications for Pubic Works Cons rur~(on, North CeY+tral me,,. as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 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) Autho_ ritti_of City Engineer: Inspections eats 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 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 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 rep ,•ce, if so directed, rejected, unauthorized or condsnned 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 Sp cificatjons for j - ubl 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 CQnL'?t ucta9n. 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 Contract Contractor mutually agree as follow Owner and (a) fo na ce o s s row Aar emen 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 develoyment,l' 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 improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety compar.1 authorized to do business in the State of Texas; or, PAGE 4 r (ii.) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100$) of the approximate total cost of the contract cost of the Improvements, 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 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, G 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 who performed labor on, or supplied PAGE 5 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Final Payments. (This provision (c) applies ( ) only where the Owner and Contractor are not he same party.) That as security for the faithful completion of the Improvements, Contractor and owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the city. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums cf 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 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, PAGE 6 n lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance, (e) Maintenance Bond. That prior to approval or acceptance r of the Improvements by the C,.;;y, to furnish a maintenance bond in form and substance acceptanle to the City, in the amount of ten percent (lot) 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 ai approved surety company authorized to do business in the State of Texas. (f) lnl emnificatign. 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 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) Aareemen Contr~llr~g, 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 VMM I 7. 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 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. Successor And Ass}an~, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 25thday of January 193 9 OWNER CONTRACTOR Rancho Vista Develont Coy, Wilson Barnes General Contractors, Inc BY: I BY: CITY OF DEiA-E ON, TEXAS BY: CI GR ATTEST: NIFER WALTERS, C.-ITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: y PAGE 9 1 r' . Exhibit A Install 12" Water Main 180 L.F. $26/L.F. $4,680.00 Install 1-12" Plug 1 Each 55.00 55.00 Test and Chlorinate 1 Each 485.00 485.00 Install 1-12'x6" Tee I Each 205.00 205.00 ^\`f Install 1-6" Gate Valve 1 Each 240.00 240.00 Install 1 Fire Hydrant I. Each 775.00 775.00 Total: $6,440.00 Page 1 of 2 y s I ' ' i0 I Exhibit A N i I IJ ~ Page 2 of 2 N) I I p I STA 1+60 END 12' WATER b 20' unlirY x I IiI I INST. 1-12' PLUG i CASEMENT - 1 i { I ST:1+75 FL 18' RP IN5T. 58 LF OF 16' RCP M.STA 1+41 6' W/ SLOPED END HF 4OWALLS INST. 1-12"X 6' TEE TOAS PER DETAIL SU SHT 1_12' G V FL C-7 FOR PROFILES 1••6' G.V. FL INST 104 LF OF 6' PVC WATER (FIRE) 1 7.5' { I i STA 1+36 I I 16' SANITI INST. 1-12'X 6' TEE I SEWER EASE1 1-6' G. V, r . _ o 1- F.H. W/ 6" LEAD I am Rin I Of I 3.5' CONNECT Tp d i r 1 I ' 6 W (FIRE PRIVATE GROUND SIGN (stt Dtrui) W P VATE) S A~ 442 BY L-S.G. FL 16' RCp GR (t 758.80 STA 1+31 CITY TO INSTALL I STA 1+2p METR 1-2' METE ~ CITY TO INSTALL PAXAY CITITY) NTR AC roR To I 1-2' META ! go)( P i I I CONNECT TO 2' METER i FOR IRRIGATION CC4+NEI I INSTALL 65 11 VICE 2 W ATER I 1 CONTRACTION TO 2' D01 SER I ( I° , I PAY CITY} A1[N l ` I i I f ~O® SEE EATS I l U F,F, 764.50 CAFE a ip I N i CONNECT TO { $ i ! { (R1 F MEP) MMSPa ! f I of o I I I\ f INSTALL 12" PVC z I I \ ' SAN f f WATER (PUBLIC) 4 FIL I ;I I I ~I I ~ ~ I I 20' UTlurr { EASEMENT wi CAUTION II I EXISTING U/G ELECT, WI DUCS. COJTRACTOR I i TO FIELD VERIFY, I I Ex wc Mr; 1 .r r w r rr 1 5 I hn' I 'Y I ; ixU I N STA 0+00 I ~~u SEE LANDSCAPE ARCH. { CONNECT TO EXIST. I W 1 DRAVONG6 FOR ALL i 12` WATER UWE VDEWALxs, LANDSCAPE, AND N~fMOATION SLEEVES, ~ i I H1 Ell 0'w I 1379L PROJECT NO, CONTRACT NO, CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS. COUNTY OF DENTON i I I That WILSON/BARNES GENERAL CONTRACTORS, INC. fl of 5000 Quorum Drive, suite 235, Dallas, Texas, 75240 , Texas hereinafter called "Principal" and BITUMINOUS CASUALTY CORPORATION , a corpo- ration organized under the laws of the State of Illinois , 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 C#rporation in Denton County, Texas, hereinafter called "City", anj Rancho Vista Development Co. hereinafter called "Developer", in the penal sum of SIX THOUSAND FOUR 14UNDRED FORTY & no/100-.--- lawful money o the n to States, to be paid ineggpnn ounty, 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 cons.ract with Developer dated as of the 25th day of ,Ianuil 19 93 , (the "Contract"), a copy of whic ~l is attacTie3 ereto and ma-re- a part hereof, for construction of Water main, 12." plug, 6" tee,. 6" aate_v ye fire hydrant at 5812 I 35 North, Denton, Texas 76201. Good Eacs Restaurant, lot 2, Block A to serve Rancho Vista Development Com an an Addition to the City a enton, enton o nty, exas; NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, a I I 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 undev such Contract, and shall fully indemnify and save harmless the City and the Developer from all f 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 I 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 tho said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 26th day of January -0 19--U. PRINCIPAL w sorr/n NF!.q rr FMAl CONTRACTORS, INC. C_.... 4 BY: Phil Cuny, Vice Pr ident 5000 ou um )ri va su,Ue 35 Dal-1a: TL,.Xas '75240 (AddYes1T- CONTRACTOR'S PERFORMANCE BOND/PAGE 2 I 5000 Quorum Drive, suite 235 Dallas Texas 75240 r e S3 SURETY I i,p miNO s ~t~iL~CY rnrit~~nnR sntl BY'. ttorney- -act David B. and P.O, Bo 167 S Irvin Texas 75016-796iL ress sorest Lane, suite 65 Dallas, Texas 75234 NOTE: MUST POWER NO F ATTORNEY TO SIRETY MUST NTRACATTACHED@ DATE OF BOND CONTRACTOR'S M FORMANCE BOND/PAGE 3 ' 1b78L PROJECT NO. CONTRACT NO. CONTRAC'TOR' S PAYI4ENT BOND 1 THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON i That WIISON/BARNES GENERAL CONTRACTORS, INC. J, of 5000 Quorum Drive, suite 235, Dallas„ Texas 75240 Texas hereinafter called "Principal" and BITUMINOUS CASUALTY CORPORATION , a corpo- ration organized under the laws oe the State of Illinois 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 Rancho Vista Development Co. 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 SIX THOUSAND FOUR -($6,440.00*******) HUNDRED FORTY & no/100-----------------___ 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 sevwrally, firmly by these presents. THE CONDITION OF THTS OBLIGATION is such that WHEREAS, the Principal entered into a certain contract with Developer dated as of the 25th day of Jjinuarv 19931 (the "Contract"), i a copy Of which Is attached hereto and made a part hereof, for construction of water main, 12" Plug, 6" Lee, 6" gate valve & fire hydrant at 5812 1 35 North, Denton, Texas 76201. Good B to serve ats Restaurant, Lot 2, 131ock A ~ Y.m, the City o enton, eAla- ~ to"n i0lunnpf-y an Addition to exas; \1 NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as recodified in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full foOce and effect. This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5260 Revised Civil Statutes and Article 5472d, 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 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 accompanyinj the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 26th day of Januarv , 1993 . PRINCIPAL WI l"!SON BAR~S_GBNI;RAL CON'I'I2A'TORS, INC. CONTRAC'TOR'S PAYMENT BOND/PACE 2 A Z7A AY: A n hil Cuizy, Vice resident UQO Ou v ui 235 rasa 5000 4Qurum Drive, suite 235 Dallas, Texas 75290 ress SURETY BITUMINOUS CASUALTY CORPORATION Byd e ttorney_ n• act David 13 Ward P.O. Box 167968 Irvn , lip i Texas 75016-7968 ress 435Porest Lane, suite 65 Da 1as Te r' ress NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, CONTRACTON'S PAYMENT BOND/PAGE 3 ti i 0763L + PROJECT NO, _ CONTRACT NO, BOND CONT(DEVELO 'PMENT CONTRACT) THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON g That WILSON/BARNES GENERAL CONTRACTORS, INC. 5000 Quorum Drive suite 235 Dallas Texas 7 24Q_. of Dallas County, Texas, hereinafter called Principal and BITUMINOUS C___ASUALTY CORD RA`~'Tn a GorpOrat on organ ZA un .r t.e Twa o t e fate o Illinois cal the City tof authorized to are b h eld y and in fithe state of rmly bound untos called "surety"~ Texas EOJ X-- hereinafteracalledu"~CityainCtheopenal~iSum of ~txnst„__ Countyl aw Vol tatlt9, the Sa sum bein6 u mone o ie --n-Cg-_-------- ['OUR & ars no/I , y ten percent (10%) o£ the total amount of the hereinafter men- tioned contract, for the piayment of which sum well and truly to executors, administrators, be made we bind jointly severally, and successors, lY THE Condition of this Qbligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated the 22 1l day of D l9-al has erformance o' which they o' Rnton, Texas, the proper p of wh c1i is Hereto attached and made a part an interest, a copy ~ hereof, for the constructipne of irQ hvd + ,r. water main12„ plu J u3. 5812 I 35 North, Denton, Texas 76201 Lot 2 Block A Ranch V'st 5 e CONTRACTOR'S MAINTENANCE BOND-PAGE 011E f f I F NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and lceep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in wriCine by the City of Denton and do all ` necessary work and repair of any defective conditions rowing I out of or arising from the improper work of the same, including, bee not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, badkfilling, 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 detective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said 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 [t is further understood that the obligation to maintain said work shall, continue throughout said waintenance 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 WITOESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 26th day of January 19 93_. PRINCIPAL SURETY WILSON/BARNES GENERAL CONTRACTORS, INC. BITUMINOUS CASUALTY CORPORATION BY: A Phil Cuny, Vice Prai.dent David B. and CONTRACTOR'S MAINTI.MANUE BUND-PAGE TWO j J +I 1 r NOTE; P0IER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, ATTEST; CONTRACTOR'S MAINTENANCE BOND-PAGE THREE 17-J Bltununons CGAHUALTV ORPOR.T.... POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thal BITUMINOUS CASUALTY COIIPORATiON, an Illinois stock insurance corporation, does make, constitute and appoint DAVID B. WARD, OF DALLAS, TX its true and lawful Atlunrey(s)-in-Fact, with full power and authority for and on behalf of Iho comparvy as surely, to execute and deliver and affix the seal of the company Ihor!o Qt a seal is reculred), bonds, undertakings, recognizances or other wntton obligations in the nakee thereof, as fol M WRITTEN IN,1TRUMENTA;i IN AN AMOL114T NOT TO EXCEED AN AGfsREGATE OF ONE HUNDRED THOLISAND DOLLARS($100,000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF IN3TROMENTS ISSUED FOR THE OBLIGATION, r and to bind BITUMINOUS CASUALTY CORPORATION thereby, and all of the acts of said Attorneys-in-Fart, pursuant to these presents, are ratified and confirmed This appolm ment is rnado under and by authority of Ere board of directors at a special meeting held on September 1. 1988. Tills Power of Attorney is signed and sealed by facsrmife under and by the authority of the following resolutions adopted by the board of directors of Iho 81111MINOLIS CASUALTY CORPORATION on September I, 1918 RESOLVED FURTHER, that the chairman, president, or any vice-president - surely, of the Corporation, in conjunction with the secretary or any assistant aecretary of the Corporation, be and hereby are authorized and dlrecled to execute and deliver, to srroh persons as such officers of the Corporation may deem appropriate, Powers of Attorney In the form prosented to and attached to ilia minutes of this meeting, authorizing such persona to execute and deliver and affix the seal of the Corperrtion to bonds, undertakings, recognizancos, and suretyship obligations of all kinds, other Ihnn bail bonds, limik doposilory bonds, mortnage defiai+;ncy bonds, murtgago guaranty bonds, guarantees of installment paper and noto guaranty bands, The said officers may revoke any Power of Attorney prsvlously granted to any such person The authority of any Power of Attorney granted by any such officer of the Corpor,atran as aforesaid shalt not exceed five million dollars ($5,000,000.00), except (a) bonds required to be filed as open penalty bonds, and (b) bonds filed with any court or govemmenlal authority requiring all unlimited penally in bonds filed in that court. RESOLVED FURTHER Thal any bond, undertaking, recognizance, or suretyship abtlgakion shall bo valid and binding upon the ftixlmlion (i) when signed by IN! chairmar, president or any vice president • surely, of the Corpw,"tron and allosted and sealed (if a seal be required) by any secretary or assistant secretary; or (it) when signed by a duty authorized allemoy-in-fact and sealed with the seal of the Corporation (il a seal is required). RESOLVED FURTHER, that the signalufe of any officer designated above, and the seal fit the Cortwraiion, mar' be affixed by facsimile to any Power of Attorney of cetlihcalian thereof authorizing the execution and delivery of any bond, undertaking, recognizallce, or other swel) ship obligations of file Corporation, and such signature and seal when so used shalt have the same force and effect as though manually affixed IN WITNESS WHEREOF, BITUMINOUS CASUALTY CORPORATION has mused Iheso plesenis to be signed by its proper officer, and its corporate seal to be affixed this__ 1 ITH clay of NOVEMBER 19 9 2 BITUMINOUS CASUALTY CORPORATION A551stanl :iPCreta ry Vwre Pre; s!c}rnl 9umiy _ STATE OF ILLINOIS, COUNTY OF ROCK ISLAND On this 18TH day of__ _NOVEMBER 10 9.2 _ Personally came befure me, - _0 NALID BOWEN--- M: execution olRrers of the BITUMINOUS CASUALTY CORPORATION who executed the and, above in JAMESslruMOnl, CAS and Cy they to each me known to be acknowledged t individuals ion of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesald, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of tho board of directors of said corporalion. a. CA,"OFf ICiAL 4F77_ KRISTINA f3%WL L S Nolary I'tae~e Sf ru o1 1u rni Notary Puts mn'~Siu r F ur~q 10 1', I l L 0115!'~A My connnissinu expims CERTIFICATE 1, the underslg secretary of the BITUMINOUS CASUALTY CORPORATION, an Illinois stock insurance corporation, CERTIFY that the foregoing and attached power of attorney remains to full forco and has not been rovokcd; and furthermore, Ihnt the R@SCIUIIOnS of the board of directors set forth in the Powor of Attorney, nro now in force 093-8808 JHA 2Gt h Jant)ar 3 L.~ Signed and sewed at the City of L{rxk Island clay of y _ 199 :a z "r WARD, DAVID B. UBA nr~c 221221n•ru3l i ~oOO~00 ~~o GCaCD~ GCe Op"O ~0° p0 O G 2 OO a 0 - °p00~oJOCOOCp4°°°~~ I AAAOOF23 PROJECT N0. _ J.3• /1% CONTRACT NO THE STATE OF TEXAS § COUNTY OF DENTON DEVELOPMENT CONTRACT § Whereas, Retail Buildings Inc. , hereafter referred to as "Owner," whose business address :Ls X990 N,E 63rd street Oklahoma City. OK. 73121 , 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 devel- opment must be performed in accordance with the applicable ordi- nances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of f 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 reforr.ed to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and Whereas, the Owner elects to construct the Improvements with- out contracting with another party as prime contractor, in which case the provisions of this contract which refer to "G,aner" or "Contractor" shall. mean the owner as named above, and owner agrees to complete, not later than July 30, 1994 , the improvements set forth herein and described in Exhibit "B" attached hereto, the plans for the construction of improvements, which is incorporated herein by reference; or 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 property 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 529.1-35E south Denton, Texas, the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Coyehants ~ntr Qr. Contractor agrees as follows: (a) To construct and install the Improvements as de- scribed in the plans attached hereto as Exhibit "B" and to complete such construction not later than JulL 30, 1994 Con- tractor/Owner agrees to construct such improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's stand Sbec~r F-gh c-Works Cons ruct o NoLth Central Te ~{~s, as amended, and all addendums thereto, and all other regulations, ordinances or speci- fications applicable to such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated PAGE 2 I herein by reference and being made a part of the agreement as though written herein. (b) Authority of_Citveer I s n g tions. Tests and or s. That all wor.,, 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 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 appl:cable 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, the City shall have no obli- gation under this agreement to approve or accept the Improvements, (c) insurance To provide for insurance in accordance with the insurance requirements applicable to contractors as PAGE 3 provided for in Item 1.26 of Division I of the Standard Speci- €icWti-Qns 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 i , 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 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 govenants of Owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds Escrew ~reement, 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 Improve- ments, 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 11 by a surety company authorizer? tc do business in the State of Texas; or, (ii) if the cost of completing the improvements, of the time building permits are requested, is in an amount of $50,000 or less, as determined by PACE 4 the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be de- posited with a bank as escrow agent pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. I (b) Payment Bond• *ss••- DI-kAyMgnt That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100$) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full 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 Taxas; or, (ii) if the total contzac.. 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, ~S-j 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 Improve- ments 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, chargo3s, 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. Owner oupon the furnish of the City Engineer, list of all subcontractors who performed labor PAGE 5 i on, or supplied material fol.., the construction of the Improvements, ar%+, when requested, written statement from uny or each of such subcontractors or suppliers that they have been paid in full. (C) Retainaae: Final Payments. [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 retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due iar 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 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, I PAGE 6 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, ensuring 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 thla Contractor, his agents, employees or sub- contractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in ccnstruction 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, PAGE 7 feu a c • one of Develo ents. 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 the city, and that ( all Improvements are completed and accepted by i upon violation thereof will pay the City $3,000.C0 as liquidated damages, but such payment shall not be deemed approval of such oc-upancy and the City may take whatever action necessary to res-train 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 improve- ments have been completed and accepted in accordance with this contract. ovenants of C{ty. That, upon proper completion of the 4. Improvements in accordance with this agreement, the City agrees to accept the improvements. y, 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 B 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 1993 OWNER-- Contractor Retail Buildings.Inc. i BY C k'%f~ ' BY: W, Anthony Bo wick Vice Yreai4 nt CITY OF DENTON, TEXAS B C MANAG tt ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP ED AS TO LEGAL FORMS DEBRA A. DRAYOVITCHH11, CITY ATTORNEY 1~1 BY: PAGE 9 i Exhibit "B" ( Improvements to be completed are as follows: To construct approximately 322' of 4' wide sidewalk on the southside of Lot 1, Block 1 of Teosley Plaza Addition. Site plan attached showing sidewalk. Approximately 1,288 sq. ft. of sidewalk at $1.75 per sq. fl. _ $2,254.00 cost to construct sidewalk. Ili I 1233L PROJECT NO. CONTRACT NO. THE STATE OF TEXAS g COUNTY OF DENTON ESCROW AGREEMENT IN LIEU ( g OF PERFORMANCE BOND (Development Contract-Improvements of $5U,000 or Less) WHEREAS, Retail Buildings Inc. , 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 Improvements 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 3s escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; ` NOW, 'rREREFORE, OWNER, City and American Escrow Company If hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at 529 I-35E South, Denton, Texas. shall deposit the SUM Of Twenty Tmn a~nrlrad F1FtY FouY 02.'154.00 ),.in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the 21st day of December , 19 93 , 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 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) ttie 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 C1.ty Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are require', 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: Retail Hldgs Inc. 3000 N.E. 63rd St. Oklahoma City, Ok. 7312L ESCROW AGENT: American Escrow Company S~J-1-1L7 i 300 Crescent Court Suite 100 Dallas, Texas 75201 4. Fees. Owner agrees to pay any and all fees or cos':s charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Lscrow 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 I r i I I connection 'with, the amounts deposited, in the Escrow Account except as a rosult 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 Facrow 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, form and substance pt satof a isfactory written the umEscrow in 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) fil3 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. Succepsors. and 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 agrebmehtt, exclusive venue shall lie in Denton County, Texas. PAGE 4 IN WITNESS WHL'REOF, the said City, Owner, and Escrow agent have signed this instrument this day of 19 CITY OF DENTON OWNER Retail Buildings Inc, BY: ~j - BY: -l~ itt , , . C W, Anthony Bo twick Vice Yres.i04~nt ESCROW AGENT American Escrow Company l BY: C. Rictiar whits Senior Vice President PAGE 5 i o~OOO~~p jOOCQp &GppooO O D L Z ~ Q C3 G ~Q y oQ~1110, r a N t p000 poaaCOnooo~o t PROJECT NO. U.~d g 3,7 THE STATE OF TEXAS CONTRACT NO. COUNTY OF DENTON DEV~.OPMENT CONTRACT 9 Whereas, _ 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 development must be perfot,med in accordance with the appl such ordinances of the City of Canton, hereafter referred to as Pity le 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 other improvements which are to be dedicated $e to atheitiub and hereafter referred to as „t public, mprovements," 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" or "Contractor" shall mean the Owner as named above; or [ J Whereas, the owner elects to make such Improvements here- after set forth by contracting with c~C whose business address is )e K Z J ( ) - f G .lam 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 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) SLecifications. To construct and install the Improve- ments in accordance with the procedures, specifications and PAGE' 2 standard contained in Division II and III of the City's Stand Specifications for Public Works Construction North Central' Texas, as amended, and all addendums thereto, and all ocher regulations, ordinances or specifications applicable to such Improvements, such specifications, standards, regulations and ordinances being expreosly incorporated herein by reference and being made a part of the, agreement as though written herein. (b) Authority of City En- near, Inaoections, 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 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 specifications applicable thereto, Any woric 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 , PAGE'S 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. (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 Menton, (d) Neans 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 u'ontractor. Owner and Contractor mutually agree as follows: (a) Performance Bond; Escrow Agreement. That if building permits are to be issued for the development prior to completion PAGE; 4 and acceptance of. all Improvements Chat are to be dedicated to the public: ' (i) a performance bond in an amount not less than the ~ E amount necessary to complete the Improvements, a8 determined by the City Enginaer, shall be ~ submitted guaranteeing the full and faithful { ~I completion of Che Improvements meeting the I ~ specifications of the City, shall be in favor of j the City, and shall be executed by an approved surety company authorized to do bue;I.nees in the State of Texas; ar (ii) if the coat of completing the Improvements, at ttau time building permits are requested, is in an amount of $50,000 or lase, as determined by the j City Engineer, cash money in the amount naceesar.~y ! to complete Che Improvements, as determined by the City Engineer, may be deposited '•h a bank ae escrow agent, pursuant to an a iw agreement insuring completion of the Improve.. ta, WiChnut: excepCion, the City's escrow agreement form shall be used. {b) Pa vent Bond Assurance of ?ayment~ That prior to acceptance of the Icprovements: (i) a payment bond will be furnished in an amount not lees than one hundred percent (1000. aE the approximate total cost of the contract coat of the ~ Improvements guaranteeing the full and proper protection of all claiwante supplying labor and aaterial for the construction of Che Improvements, shall be in fervor of the City, and shall ba executed by an approved surety company authorized Co do business in the State of 'Faxes; or i (ii) if the total contract amount of all Improvements is leas Chan $50,004 and a payment bond has not 1~ec~n submitted in accordance with (i) above, Owner and Contractor agree and guaranCee thaC any and all dobts due Co any person, fir:a or corporation having furnished labor, maCerial or b~~th in the ronstructi.on of the Improvements shall be fully paid and satisfied before acceptexrce o£ r,he }'AGE S I v I r Improvements by the City and that, prior to acceptance r the Improvements, the owner and Contractor shall furtynisEnhyianeawrri,ttsentataifLangdtahavitt,alin a form provided oy tho Ci l bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the improvements nave been paid in full and that there are no unreleasea recorded liens tiled against the Improvements, or land to which they are affixed, that are to be dedicated to the public. Tnat, upon the request of the City Engineer, owner or i 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, a written statement from any or each of such subcontractors or suppliers that they have been paid in full, (c) Ret_ainauer !'inal payments, (This provision (c) applies only where the Uwner and Contractor are not the same party,) Tnat as security for the faithful completion of, the Improvements, Contractor and Uwner agree tnat the Owner sliall 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 snail tnereaf pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all in(lebteoness 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 +~ork have been paid or otherwise satisfied, (d) Encumbrances, That upon completion and approval or acceptance of the Improvements of the City, the Iinprovemants shall PAGE 6 uecome the property of the city free and clear of all liens, claims, charges or encumbrances of any kind. It, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land aeaicated 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 ana released or promptly post a bona witn 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, {el 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 llU%) of the contract amount of the Improvements, insuring the repair and replacement of all detects clue to faulty material and workmanship that appear within one year from the date of acceptance, The bond shall us in tavor of the City and shall be executed oy an approved surety company authorized to co business in the Statn of Texas, {f} Indemnification. To indemnify, aetend and save harmless the City, its ottieers, agents and employees from all sultst actions or claims of any character, name and description brought for or on account of any injuries or aamages received as sustained by any person, persons or property or account of the PACE 7 operations of the Contractor, his agents, employees or sub- contracturss or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in construction of the Improvementsi 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 provisions of this agreement shall control over any conflicting provisions of any contract between the Owner and Contractor as to the construction of the Improvements. 3, occupancy. Uwher further agrees 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 thereuf will pay the City $3,000,UU as liquidated damages, but SLch payment shall not oe deemed approval ut such occupancy and the City may taxe what- ever action necessary to restrain such occupancy, 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 entorceaole in Denton County, Texas, ana if legal action is necessary in connection therewith, exclusive venue PAGE 8 I( I shall lie in Denton County, Texas, The terms and provisions of this contact shall be construed in accordance with the laws and court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be oinding upon and inure to the benefit of the parties hereto, their respeictive successors and assigns. Executed in triplicate this, d'! day oY AI&~/ OWNER CONTRACTOR r By Ore. z .J CITY OF DE N, TEX s Y: c C ANA GE ATTEST: CHARL E ALLEN, CITY/ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAI-11 DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BYs PAGE 9 I , i ; t ° ° - POTAA F Wrmvo y oflifuAB SCWVR .i`..~! WATERLINE !PV cn I III S ITEM ` QUANTITY UNIT PRICE EXTBNBIUN rn I Connect to Existing system Il (remove Plug 6 ➢lock) 2 EA $ 200.00/EA 'M4 6-inch Watermain 670 LF a 6-inch Gate Valve, + M-J, X FLOA' 2 EA 6x6x6-In0h Tes, ,.,,f. •p M,J, x FLAG. x M.J. 1 EA $ 1 r` 6-inch 90 degree band, I FLOD. X FLOD. 2 EA 6-kf+` $ 1 0.00/EA $ 6-inch, 90 degree bend, ~.•,,I+,~,~ M.J. x M.J. ~00r'.o ' I EA Fire Hydrant (6-inch ~ U city standard) 2 EA 1-inoh Water Sorv.tce Tap 27 EA 150 00/EA $ AA 1-inah Water Service Line 660 LF 6, 17.8 te TOTAL WATERLINE FACILITIES (iN, fr . i 1' 1 P-3 I j~ tlt I•r f~ PART "A- ~ SANITARY SEWER 1PVC~ Rnnr ?r' 11;4 ' ITEM QUANTITY UNIT PRICE EXTRUSION Connect to Existing System ~.r. (Remove Plug & Block) I EA $ loo.oo/EA Sr '~l~ lS;;, 8-inch Sewer Pipe 0-6 Feet Deep 230 LFL flt,e'' 5----~QQ/LF o.pe e-inch sewer pipe 6-8 Feet Deep 300 LF'i1jl.; 8-inch Sewer Pipe 8-30 Feet Deep 290 LF S s.nn/LF Ir':, Manhole - City of Denton S Standard (6 Feet Deep) 2 EA 1 Jt'Pr': S 850.00/EA $ Extra Depth of Manholes 6 LF S-3~~ILF i'„ 4-inch Service Wye (Tap) 27 EA 4-inch serva.ne Line 760 LF Adjust Manhole to Finish Paving Grade 9 EA S---ZQQyQQ/EA S_ -~~QS~~QQ, I Trench safety L EA Lump sum S.._ 60Q e4 TOTAL SANITARY SEWER fiACIFLITIES S~ 35. b0 40 TOTAL PART "A" -WATER AND SEWER S Rn.~as_en P-4 ITEM QUANTITY UNIT PRICE EXTENSION', Excavation (Street & ROW ~•t 1 2A Lump Sum Select Fill (Street) 1 EA Lump Sum Fill on East Lots S-~ ~OaQO,'I~; 1 EA Lump Sum y Lime Stabilization S 14 l 4,420 Sy Hydrated Lime 82 TN 1'5-'nob, NMAC, Type 3-6-inch, HMAC 3, 620 Sy $ 3 00/SY S 1~f1) r4'• Type •AI' 3,620 Sy Valley Gutter, 8-lnrh, HMAC, Type "A„ 48 Sy Standard Concrete Curb and Gutter ,,n 2,200 LF Concrete Flatwork Street Signs 510 SF 1 EA 2 50 , 00/EA Erosion control 1 EA Lump Bum „ 8arrioada (Ra),naeta 1 EA S-~L r1 TOTAL PART Lump Sum S' - S9`REET PAVING I, Ir;r c, ,i Y , P-6 v y jj 'J ~ i1O J fl LL 1 +i t ~J} 'II ~ Y 1 y~FA r ITEM 1.0' - STORM D arve..a ..~Tpe 1: tl' I \ QUANTITY 'ITEM Concrete/ QUANTI ' Channel plums 20 CY y Concrete Channel Bottom 6 CY S ^-~4 00/OY S T~ Concrete Flume Transition (Line A & Line B) 6 Cy S.^--+~iwric/CY S 5 y Rook Rip-Rap (Line B) 4 Conorets Sidewalk (Li.ne B 3 SY ) 30 LF UnclasslPlsd Channel Excavation 1 EA Lump Sum .~h 1 Channel Slope Stabilization S 2 EA Tres & Brush Clearing Lump Sum S & Disposal 1 EA Lump Sum TOTAL PART ^ STORM DRAINAGE FACILITIES ~ TOTAL PART "All II S~ ~Ir f i TOTAL PART r,$Qy37 1' TOTAL PART TOTAL PROJECT ,t J~ h 4y ~I,~tr1,r, i r P-6 I SEABOARD SURETY COMPANY HOME OFFICE; NEW YORK, N. Y. BOND NO, 258850-92 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we JAGOE-PUBLIC COMPANY P. 0. Box 250, Denton, Texas 76202 as Principal , and the SEABOARD SURETY COMPANY, a New York corporation, havfna V3 principal office and place of business at City of New York, New York, as Surety, are hold ind firmly bound unto SCHNEIDER & JUSTICE, INC. Denton, Texas as Oblige, in the sum of ----One Hundred Sixty-One Thousand, Four Hundred Ninety-Seven and 40/100----------------------------------------°----------------- 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 27th day of April , 19 93 WHEREAS, the above bounden Jagoe-Public Company Ina s entered into a contract with Obligee for Water, Sanitary Sewer, in Drainage and Street Paving to serve East Oaks Addition in the City citon as Is fully and at large set forth a.id 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 trul;; and I., good, sufficient and workmanlike manner, perform 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 be void; 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 void 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- gence be found. No judgment shall be rendered against the Surety in excess of the penalty of this Instrument. JA0QE-PilBkFlC COMP Y SEABOARD SURETY COMPANY Form 236a }jy.. 4 ~ ~~-~L/~•.•~ ~r~l- y~'L' . r . Rosemary Weaver, kttorney-in-Fact SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. DUAL.OBLICiEE RIDER TO PERFORMANCE BOND Number... WHEREAS, on or about the 27th day of April 19 93, Jagoe-Public Company as Contractor, entered into a written agreement with Schneider & Justice, Inc. as Owner, for the construction of Water, Sanitary Sewer, Storm Drainage and Street Paving to serve East Oaks Addition in the City of Denton herein referred to as the Contract, and WHEREAS, the Contractor and Seabnard Surety Company, as Surety, made, executed and delivered to said Owner their joint and several Bond, and r WHEREAS, the Owner has requested that THE CITY OF DENTON, TEXAS (hereinafter called "Co-obligee") said Co-obligee having a material interest in the performance of said contract, be named as an obligee in the Bond and has requested the Contractor and the Surety to join with the Owner in the execution and delivery of this Bider and the Contractor and Surety have agreed so to do upon the conditions herein stated, NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby agree as follows, The aforesald Bond shall be and it Is hereby amended as follows 1. The name of TNT CITY OF' DFNTON, 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 till the Owner's obligations to the Contractor be performed; provided, however, that the aggregate liability of the Surety under said Bond, to the ffii nor and the Co-obligee, as their interests may appear, is limited to the penal sum of tho Bond tend provided, further, that the surety may, at its option, make any payments under said Bond jointly to the Owner and the Co-obliged; and 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, 8. Except as herein modified, said Bond shall be and remain In full force and effect, SIGNED, SEALED AND DATED this 27th day of April .19 93. 1, 1I(E ItJC. 4 . ..............US U 'DER 4JAGOE-11UbL,!C COMF NY I,/ .."CON' TR ,TUR 1 l By SEABOARD SURETY COMPANY . 1011M 60~ By Rosemary n1...~~, ATTORNEY ISTACT SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY STATUTORY PAYMENT BOND -TEXAS (Private Work) BOND NO. 258850-92 KNOW ALL MEN BY THESE PRESENTS: THAT _JAGOE-PUBLIC COMLLiNY Original Contractor (hereinafter called the Principal), as Principal, and Seaboard Surely 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 principal ottlee In the City of New York, New York (hereinafter called the Surety), as Surety, are held and firmly bound unto _ Schneider & Justjce, Inc. _(herefnaftercalled theOwner),Intheamount of One Hundred Sizty~(?ri~Thnusalrtl, Pour ~utuired.~5[SnexY Sesan~ud-4DJIM-t - DOLLARS r _.__LU_sA9J,+Q•____- (here insert an amount equal to total contract) for the payment i whereof me said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, )ointly and severally, firmly by these presents. WHEREAS, the Principal has entered Into a certain written contract with the Owner, dated day of to ~Qpstruct Waj~ Sanltars sewer Storm Drainage and Street Paving toCerne East Oaks Addition _ which contract Is hereby referred to and made a part hereof as fully and to lh_a same extent as If copir•,; at length herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT IF THE SAID PRINCIPAL shall promptly pay claimants for all tabor, subcontracts malieriala and speclally fabricated materials performed or furnished under or by virtue of said contract and normal and usual extras therelo (not to exceed 15% of a said contract price), then this obligation shall be vold, otherwise to remain in full force and'aNect, 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, 1983. PROVIDED, HOWEVER, that the Owner having required the said Principal to furnish this bond In order to comply with the provisions of Sections $3.201 at seq of the Properly Code, added by Acts of the Regular Session of the 68th Legislature, 1983, ail 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 herein, IN WITNESS +NHEREOF, the said Principal and Surely have signed and sealed this instrument, this 27th day of 11ii9E~'_(1BL '-C (Seal) rinrl at) (Title) SEABOARD SURETY COMPANY The forogoing bond is hereby approved. BY: Rosemary Wear Attorney-In-Fact SCHNEIDEl1 & JUSTI.CE,_INC, (owner) By" 8' - Dent__w:, TexasJ-~ Address (Date approved) J Rom 410 91ec Certified Copy SEABOARD SURETY COMPAIff G No. 11205 ADMINISTRATIVE OFFICES, SEDMINSTER NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of Nevi York, has made, constituted and appointed and by these presents does make, constitute and appolnl Jerry P , Rose or Linda O'Nale or Robert. Stoeck or John R. Stockton or Rosemary Weaver of Dallas, Texas its true arid lawful Attorney-in-Face, lomake, execute anddetlveronItsbehalf Insurance policies, surety bonds, undertakingsand other Instruments of similar nature as follows: Without Limitations ' Such insurance policies, surety bonds, undertakings and instruments for Bald purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the some extent as if signed by the duly authorized 0111rers 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 following By-Laws which were duly adopted by the Board of Directors of the said Company on December 81h, 1927, with Amendments to and including January 15, 1982 and are still in lull torte and elfec:: ARTICLE VII. SECTION l: °Poliuiae, bonds, roeognlivicaa, 111pulallon6, consents of ►urely, undarwriling underial inga and Instruments foLiOl g thereto. Insp.; ranee policies, bonds, recognaances, stipulations, consont9 0l surelyand underwriting undertakings of the Compony, and teteases, agreements and other wfih. nqs retating in any way thereto or to rmy dorm or loss Ivor eu rider, t.hall be signed in the name. and on behalf of tiro Company (a) by the Chairman of the aoard, file, Prescient, a Vii Presidemor a Reeidenl VlCo,Ptesidenl and by theSocretary, an Assistant Secretary. a Resident Secretary or A Resident Assistant Secretary; or (b) by an Attorneyln•Facl for Pie Company appointed and authorized by the Chalrman of Lite Board, the Presiders or a Vice-President it) make such egnaltife; or Icf by such other officers or repiesemahvas 06 the Board may from little to time determine, Tne sea' of the Company shall it appiopdale he alfixbd thereto by any Such officer, Attorney-in•F9cl or represenlahva " IN WITNESS WHEREOF, SEABOARD SURE IY COMPANY has Caused these presents to he signed by one of its Vice- Presidents, and its corporate c?qf to be hereunto affixed find duly attested by one of its Assistant Secretaries, this .6.th...._. . day of _ December 19.9.1 ~s^str " r'r Attest: SEABOARD SURETY COMPANY, I927 B fool J.-Il 6. loo~ (so a I k4~U4 a+ Secretary 7 Vice-Prosrdant grilo OF NEW JERSEY ss.: V COUNTY OF SOMERSET On this 6th day of December ,199.1. before me personally appeared Michael A,..,.K@Fgap a Vice-President of SEABOARD SURETY COMPANY, with whom I sin personally acquainted, who, being by me duly sworn, said that he resides in the State of NP'd „Jeraey_. ; that he is a Vice-Prosident of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seas affixed tosaid Instrument Is such corporate seal; that itwnssoafflxedbyorderoftheBoard ofDirectors ofsaidOrp any; and that he signed his name thereto as Vice-President of said Company by like authority i.Lt A4 7l'P" ~ , I ra° Ubtlc C~';e Ji(Seal) CERTIFICATE1Inud Assishuntsec,alaryof SEABOAP.DSURFTY(.sOA4PANYdoherebyceKf)'lhallhomiginal Power teensy olwhlchlhafotogo'mgis If full, hue nodcorrect copy, is or. IVII11rce and effecton(heddtn of %hisCarfificalearid I do lurthernorhfy that the Vice- Prriwdamwho oxeouled Ifie 301d Power of Altornay wns Orin of tho oflrcerA c. -riled by the Hoard of neeclors lu irapo, It all a torney-in•fact as peovided in Arlicle VII, Section I, of the By. Lows of SEAHOARD 9UREry C0VPAf,!y. This f;erhlicale may be ]igned and seWridby lacanmie Under and by v,ilhardy al Ito following Iesnlulrorl of the ExUcurvo Commitlev of tho Board of fiend n of SEABOARD Sl'AETY COMPANY of a mooring duty called and 1.nld Lin the 251h day of MOlah IR70. "RESOLVED 121 Thal the Lisa of a printed iacsinvlo of it n corporutu coal of lho Conpany and of the sign,Iwe or an Assistant Seciouvy on any corbhoahon of Ihecorractnii ora ropy of an msfrumenl exeeuled by the P'05-dent or a VOMPfasldent pursusnl lb Arliclo Vll, Section 1, of thI By-Laws nppamling and dulhortrng an Low, ,.hey •1+1•tacl to sign in the name and on bohoif of the Company surety bonds undarwnhng undurtak,ngs or other insfrumenls descrbjed m said Arlicir Vill, Serhon I, wnh like effect as it such seal and such srgnalura had been manually atlixiid and made hereby i9 aulhob;ed and approved... N WITNESS WHEiRFOF, I have herounto set my han and affixed the corporate seal of hp Company to these presents this Pr;urn,~11 day of 19 l' 1927 ~a' G~~ ur xte;;`~ ASSi tent Secuaary 'aim gar lPVV 7'RIO III IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT 'THE TExAS DEPARTMENT OF i INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINT'S AT: 1-800-252-3439 YOU MAY WRITE THE TExAs DEPARTMEN'T OF INSIIW NCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAx #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: S"OULD YOU HAVE A DISPUTE CONCERNING YOUR PREM.TUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR 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 CONDl*f,LON OF THE ATTACHED DOCUMENT. °OCC, a0 Q C QD L~ 000 i 00 00, ~U O 4 O ` I z O 0 ~ y p O eV°°°°OaciQaN aor.9°°°°~~o a I AAAOOD97 PROJECT N0, 9j `Qg CONTRACT No. .;7 0{ THE STATE OF TEXAS § COUNTY OF DENTON 9 DVELOPMFNm c; Whe d, Taco Bell Corporation hereafter referred to as ++Owner ll_ whose business address is 230 Iley Lf Lane ll/i00, Irving, Texas 75062 is the owner o£ Taal 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 ordinances of the Cf,t applicable y 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 Cityps specifications, standards and ordinances; and (select applicable provision as follow.) E Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which r.i°er to +~owner~+ or "Contractor" shall mean the Owner as named above; or C~ Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Commercial Interstate Grou Inc. - - whose business address is 2995 L, B.J. Suitr 107, Dallas Texas -_t 75234 referred to as hereafter 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 b become public propert Y the City, Y, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITHESSFTH As to the Improvements to be dedicated to the specified in Exhibit A publlo, as attached hereto and incorporated by reference, to be installed and constructed at L. Beaumont Survey Abst--. r 021 in the it of Denton, Count of Denton Texas and being pare 97.7-- anre tract as described by d_ eti in Volume 399, `Page 551 dated 11/09_/54 the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein agree as follows: 1. ~L (a) To (a. Contractor agrees as follows: construct and install the improvements in accordance with the procodures, specifications and standards contained in Division IT and r" Of the glty-fa-atAndard -.~n_n_ No3~h Cen a ~Qxas as amended, and all addendums thereto, and all oth6r , ordinances or r,. regulations, aeoifications applicable to such Improvements, such PAGE 2 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and heing made a part of the agreement as though written herein. r' (b) A-LLt-hcLr of C'ty Enain~_eer. snqpActiQ.eA.- Teo-ta. and QK"rLs_. Theit all work on the Improvements shall. be perforrr,ed in a good and workmanlike manner and to the satisfaction of the City Engineer or h{.s representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work per,formad, and the interpretation of specifications, The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or nlt the work performed was in accordance with the specifications applicable thereto. Any work done or materials tised 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, the City shall have no obligation under this agreement to approve or accept the improvements, i PAGE 3 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractor,.• as provided for in Item 1.25 of Division I of the Standard Sri@9 W c at nna _f b c Works construction Note Cantral 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) Me"s pd Methods p9onstruc .~all• That the means and methods of construction shall be such as contractor may choose; subject, however, to the City's right to reljact 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. hiutual Covenants of p~~~~ and Contract - Owner and Contractor mutually agree os follows: (a) r, pxmance_ Londs~ c~oy~~ar Thott !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 amovnt not less than the amount necessary to complete the improvements, as determined by the City Engineer, shall he 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 (ii) if i the the time cost of completing the improvements, at the 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 toity complgi Eetneeeth, re mIamyprovementa5, as determined by the C n 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 _Ron d; ssurance o£ p II --~yment. chat prior to acceptance of the Improvements; (i) a payment bond will be furnished in an amount not less than one hundred percent (ioo%) of the r Improvements total, cost of the contract cost of the protection of guallra c aiman stair ? in and proper material for the construction ofpthe Imp olabor vements,3 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 $50000 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 Improvements have been paid in full and that there are no unreleased recorded liens filed against the thatoareeto b, or e dedicated o to the pblic.re affixed, That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors wl- performed-labor on, or supplied VAGE 5 material for, the construction of the Improvements, each of esuchgsubcontractorsnortsupp]iersrthatntheY have been paid in full. (c) I~Pt 1 e' -Final l1 d1'nt t _PlL_s. (This provision (c) applies only where the ownor 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 tan percent of the total dollar amount of the contract percent approval or acceptance of the improvements by ritheu' after final shall thereafter City. The Owner 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) 9-QaM12Xan2gs_. That upon completior, and approval or a:,'ceptance 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, PAGE 6 lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. (e) MA.Lnte a ce g~~ That prior to approval or acceptance of tho Improvements by the city, to furnish a maintenance bond in 1 r form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insurin the repair and replacement of all defects due to fault g and workmanshi Y material p 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) Indemn iLt t w To harmless -~.SS indemnify, defend and save , 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 subcontVactors 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) hareemen . roles. That the provision of this agreement shall control over any conflJcting provision of any contract between the owner and contractor as to the construction of the Improvements. PAGE 7 3, occuncy _e Lot .pevelopme -----1s. follows; Owner further agrees as (a) That Owner will not allow any purchasers, lessee, or other person to ac•cupy any building within the development all improvements are completed and accepted b until by the city, , and that upon violation thereof will J pay the city $3,000.00 as liquidated i damages, but such payment shall no,. be deemed a occupancy and the approval of such city may take whatever action necessary to restrain such occupancy, (b) That if th:is contract applies development," as a one lot defined by City's Development. Code performance or , and no payment bond was required or improvements that submitted for the 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 improvements have been completed and accepted in accordance uwith this contract. 44 ~syenants nP gyn. y- That, upon proper completion of the improvements in accordance with this agreement the city accept the improvements. agrees to 5. Zql)-U"A Gov ncr LU. The parties herein agree that this contract shall be enforceable in Menton County, Texas, and if legal aution is necessary in connection therewith lie in Denton Count , exclusive venue shall Y, Texas, The terms and provisions of this contrac:t shall bR construed in accordance with thri laws and court decisions of the State of Texas. PAGE 8 1i. uccessor and. Assigns. This contract shall bo binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, __1Q._ clay of _ AuguL-____., 19 . OWNER CONTRACTOR I ~ BY: G,- 14 611 BY., bVS ih CITY Ol? D M'~ON, TEXAS , l Dt Pz aCY701nl M1}o✓6ele g -~C17 AGE ATTEST: / ( ~wj " 6, - , 5. TN IFER ALTERS, CITY SECRETARY APPROVED D AS TO LEGAL FORM: DEBRT A. DRAYOVITCH, CITY ATTORNEY BY: )0k PAGE 9 j Nu :t Vl~ 1 commercial B U I L. D I N / D E: V F I_ O P M F:_ N 7 EXHIBIT "All Taco Be] I Univesity at Georgetown Denton, Texas PROPOSAL CITY WORK REQUIRED City Sidewalk 11.40 SP x 1.75 $1,995. City Drive Approach 750 SF i; 2,00 $1,500, Total City Construtction $3,495. 2..996 I.HJ FRW Y., SU)rF. 1071 UAI.I. AS, TEXAS 75234 • (214)484.7406 I FAX (214)484.7499 com me_ rcia__I E3 U 1 L D ,N / D E_ L OuP A1~E= N 'F EXHIBIT "A11 Taco Bell Univesity at Georgetown Denton, Texas PROPOSAL, CITY WORK REQUIRED City Sidewalk 1.140 SF x 1 X7.5 $1,995. City Drive Approach 750 SF X 2'00 $1,500, Total City Construtction X3.495• 2998 L9J rRW Y„ SUITE 107 . DALLAS, TF_XAS 75234 .(214)464-7495 . TAX (2 14)484.7499 ` p`d I~ i c ~0r c._ .m H U I L C) I N G) / U F. V E O P M E: N T EXHIBIT "A" Taco Bell Univesity at Georgetown Denton, Texas PROPOSAL Ci.TY WORK REQUIRED City Sidewalk 1140 SF . X 1,75 City Drive Approach 750 SF x 2,00 $1,500. Total City Construtction U,495, ~ ~ 2993 L8J FR W Y.. SUITE 1 07 ~ DALLAS, TEXAS 782x4 • (214)484.7495 ~ FAX (2 14)484-7499 ASR KO FAICORD D CERTIFICATE OF INSURANCESSUE DATE,MM DDNY, T HIS CERTiTTCA J E 1S ISSM) AS A NIAT 7R OF INFORAIATION ONLY AND Associ rates CONFERS NO RIGHTS VPON'[HF' CERTIFICATE HOLDER, 71W CERTIFICATE ad DOES NOT A,1END, EXTEND OR ALTER TIIE COVERAGE AFFORDED BY THE 0 POLICIES BELOW, COMPANIES AFFORDING COVERAGE GAYLON E BROWN 214-360.0390 COMPANY LETTER A Associated International COMPANY INSDREn LETTER R Trfnity Insurance Com"rclal Interstate Group, 2995 LBJ Freeway,Sulte 10COMPANY k C Scottsdale Insurance Calpany Dallas, TX 75234 COMPANY LETTER n COMPANY E t ETTEA COVFAIAGES THIS IS TO C8R11t+1' THAT'M8 POLICIES OF INSURANCE, LISTED BELOW FIAV9 BEEN ISSUED TO THE fNSURF.II NAMED ABOVE FOR THB POLICY PERIOD INDICATED, NOTWITHSTANDINO ANY REQUIREMENT, 1ERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUDIECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIBS. LIMITS SHOWN MAY HAVE BEF?L REDUCED BY PAID CLAIMS. CO TYPE OP TNSIBLANGB POLICY NLTrfBER POLICY tiPiECI'M POLICY EXPIRATION L'IR nAll(MMIDDNY) DAM(MMID"VI IAMM GENRR)LL LIABILITY GENERAL AQOREtlA7E 1 2Q0QQQQ C X CY)MMEACIALOENBRALLIABILRY CLS011218 08/,3/92 08/13/93 PRODUCT!ItOMPIDPAGO, I IOOO000 CLAIMSMAOU X OCCUR PERSONAL A ADV. W)URY 1 1000000 OWNER'S& CONTRACTOA'S PROT. RACE OCCURRENCE f 1000000 FIRE DAMAO E(Any" Ural f 50000 MBA. BXPEHSB (Any ar pmon) S Excluded AUTOW011)LE MAJILITY B ANY AUTO L,FM7INEOSINOLB 3 1000000 TCA9897027 00 09/30J92 09/30/93 ALL OWNS D AUTOS - X sC81DULED AUTOS I10AILY INJURY S (Per PeOan) X NIREU AUTOS L X NONIIWNEDAVTOS ft YXIdl BO "weft) INJURY S OARAOE I.URILITY PROPERTY OAMAOE I EXCfA UABMITY r~ EACH OCCURABHCB S IOOOOOO D X UMBRELLA FORM SPOI2812 03125193 08/13/93 AOGREOATE 1 1000000 OTHER THA N UM B R E L LA POR M C WO1wR'B COMPP.NSATI ON To BB Issued 08117/92 06/17/93 SYATUTORY LIMITS AND EACH ACCIDENT f 500 OATI,OYERR' LIABILITY by Cw"ny ULSBASB-• POLICY LIMIT S 500 WWSC-•EACIIBMMOYRE S 500 OTStER DESMArTION Of OMItATIONSA,(fCATIONSn'EMCLW ISIT.CIAi• ITEMS CERTFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE. UFSCRMGD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOP, THE ISSUING COMPANY WILL BNDF.AVOR TD M.' It, 10 DAYS WRITTEN NOTICE70 THBCERTIFICATE HOLDER NAMED TO'iHE City of Denton LtPr, BUT PAILURB TO MAIL SUCH NOTICE SHALL IMPOSE NO OSLI0.4110N OR 215 East McKinney LIABILITY OF ANY KIND UPON 11IR COMPANY, IiS AGENTS OR REPRFSENTATiV6T. Denton TX 76201 , AViT10R BMTSR. IYL~r~ r ACORD 25•S (7190) AY N E ` 7~ ^ ~~ti) ' ACORD CORPORATION 1990 HI_!p_.17_..l,~r„ lll:li r'q=f'I i:!_hIFI~Fi:IAL I~fi'E~'_iF;TE !a1=F' 7Q 13791. +<-,~.iol P.ia STD 2203 PROJECT N0, CONTRACT No. CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S 4 COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS; That _ commercial interstate Orou n= Inc' Of 3003 L8J Vreewa Suite 122, Texas h , Da.l.las ereinafter called "Princi pal" and Nobel insurance mtianv ration organized under the~T- a corpo. laws of the State of a Called nd authorized to business an the State of Texas,Nhereinafter Denton '5uretY", are held and firmly, bound uno the , Texas, a yunicipal Corporation in Deatont Count city of hereinafter called y, Texas, ,rCityrp , and Taco Bell Corp, hereinafter called "Developer" in the penal sum of no/too aw u money o t e ~`t~t~"r.euu,,d,-~<~ ...aor f l < t Texas. for n to Cates, to e_,~~,Qys. any we bind ourhelvasment of whiet., sum well pw sin Hint on ounty and truly to be ~aade, successors our heirs, executors jointly and severally, firm? b~ administrators and THE CONDITION y y these presents. Principal entered into a HIS cerOBLIGATION is such that WHEREAS, the as of th tain Contract with Developer dated the io day of .4u ust a copy of w~f~ii is attac a erato and ma'a ~ 93 l9 (the "Contract") part hereof, for construction of Paco dell it,,stuarant Denton, 3'X sldcwal.k Drive _ alone UnitrY to serge the City 0 eraton, en' n" o~'-unLy, exas an Addition to 1 Hier,-~]'-l:~a•g 1~~i1 - rril+; ._11!!r, ;NC, IIIiER~7t'iT~ FF' TO 4~:81~J12 faitNOull TH,.REfORE, if the Principal Shall well covenants? rperform its duties, all truly and , conditions and agree+7ents t o f saidr undertakings, during the original term thereof, and an ! which may be by extensions thereof without notice $o athe d 5urettht+ City and/or Developer with or and demands Incurred y iind if he s:IaII satisfy indemnify and save harmless the tsu Cch Contract, and shall dully costs and damages which each maysuffa d the Developer from all do so, and shall reimburse and re pa by reason of failure to all outlay and expense which LhE, CptYIl the City and the Developer in making good any default shaorthe Developer may incur all persons, , and firms, subcontractors and promptly coror tions furni to materials for or performing labor in the make provided "Te t g for in such Contract, ,3Rd an prosecution o the work modificatlop thereof, then this any authorized extension or otherwise to remain in full force and effect`f,on shall be void; PROVIDED FURTHER, that this bond, venue shall lie InfDentonlegal action be filed upon Surety, for value received hereby Stipulates and agrees that no of the Contract or to thee,workttoabeon or addition to the terms speclfications accompanying performed thereunder of the its obligation on this bond, the it does shall waiveinoticeeof any such Change, extension of time, alteration or addition to the terms of the Contract or to the work or to thr, specifications, IN WITNESS WHL'REOF, this cate, Cate, each one of which shall be rdeemed ianori e uteri In tripli- l _1,;~ day of __nuau5t ' 2993 ginal, this the the PRINCIPAL Corical interLtL,3,0,, p, Inc. ~~Ac7d'reas ' CONTR..'_'TORIS PERFORMANCE BOND/PAGE 2 M: t2 FF111-1 r~r~F!"EF.IHL fPrTEF'~TATE i~FF 7~J 231[31? P, iS 00 'S AS To P I~ (Ade AhllM► ~e . Z s 'S23µ SURETY NUk'7C1 ln5UCtlnCe C:Um,anv ttorne/' y -n- ct PO Drawer 49,107 Atlanta, GA 30359 ",A C~.c2.u.i~1 a ress NOTE: POWER OF ATTORNEY OF SURETY MUST BF ATTA MUST NOT BE PRIOR TO DATE OF CONTRACT, ND , CONTRACTORS PERFOR.14ANCZ BOND/PAGE 3 N - PROJECT NO, STD 2203 CONTRACT NO. i ! CONTRACTOR'S PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNC* ALI, ,MEN BY THESE PRESENTS: That _gttimercial lnterstdto croup, Inc. Of 3003, ,aT Fr2gwav, Suite 122 D,tllds Texas rRreinafter called "Principal" and No b(;1 frlaurance .:Jill and a corpo- ration organized under the laws of the State of NC 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 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 three thousand four hundred ninety five dollars and no/100 3,495.00 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 PCOeNnDITIN OF OLIGATION such hDeveloperSdateld as of the :ay of __1Q__ AU&UsC 19 93 (the "Contract"), -~!'~"Cr'F!EF'Ir+L iFiTEF'siF'7c L„=P 7n l~c'1+J1~ F.?p 1 a "Py of which is attached hereto and made a Part hereof, tior COn5tructiOR of ~Tdco Bell Restudrdnt, Denton q•x si.dewalk a.ionc Uni(•ersit Dom- J _ y to serve the City Q De` n'ton Penton Cou,,iY,-i'e ss.- all Addition NOW, THEREFORE, to that, if the Principal crticl ion of this obligation iri such claimants , as defined in Article romPtRev make Texas and .311. cIai.mants as ' ised. Civ ilm S atutesaof Revised Civil Star, that term is used Subchapter I utes of Texas a in Article 5472d, of p materials In the rosacuas Proopf , ers re Codce,odifsiuppp ilyin Chapter and he ng labor and work rove Contract, then this obligation shall be nullpandlvoidp otherwise, it shall remain in in. said full force and effel,t, Thl?• Sand is made and entered inta solely for the 11 of the wort: provide dPfnrngnlabor and material in the protection shall have a said Contract, and all So claima is Article 5250 RRevise Civil eed d right of Station under n laded Is Civil Statutes as the bond 4 provided In Texas u Code r c dthe erase ro YaPb e r 53rti Sclube chapter, Revf see I of the PROVIDED FURTHER this bond, venue shaPI.ltlie if Dentongcounttion a filed upon surety, fo:, value received Texas. The said change, extension of time hereby stipulate;~'dnd agrees that no the contract or to the wo alteration or addition to the specifications acCOmpanyfn be performed thereunderterms he g the same shall in any wise affect its obligation an this bond, and it does hereby waive not or tine 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 and/or Developer and the Principal shall abridge the right i~Y Any beneficiary hereunder, whose claim may be unsaeisfllsd. IN WITNESS WHEREOF Cate each , this instrument 15 rxecuted in tripli- , one of which shall be deemed an on in;ai i; 1. 3._., day of _,nu..yg,;;t j $ his the PRINCIPAL S;..OI m.,..~1 Irtt. r 5tdte Grout CONTRACTOR'S PAYMENT BOND/PACE 2 NI_Ii-kJrl:'7: lJ: Lr~ F-t LiP! i_!'f`f ti<'i._IF-L Ifi CF'7Ht iohF' U N,~j IA 5E T' RI CIPA DY: ` 3003 Ld,T pr .L22 ~ Dalla ~ (A W D644 r V- P?Szq%sq f SURETY Nobel Insurance ..L- I B Y : ~ UIG2/i/ ; 10-1 Attorney. niract ~GliLG 9 C/S¢~ n' JL r U CC /l1 Cl'L CL~~[t-A V.f' /r.J✓C(7:+1J 4 11 NOTV: POWER OP ATTORNEY OF SURETY MUST BE AT MUST NOT BE PRIOR TO DATE OF CONTRACT, OND CONTRACTOR'S PAYMENT BOND/PAGE 3 i UL; G?-lS~r= lEI.LE F Gil r,iih?h'EPC'lr~~ 'IITEP3TA7= GFF TO 07b3L PROJECT NO. 1 STO 2203 CONTRACT NO. f CONTRACTOR'S MAxNTENANCE BOND f (DEVELOPMENT CONTRACT) THE STATE OF TEXAS COUNTY Of' DEMTON KNOW ALL MEN BY THESE PRESENTS: I That _ Comm=rcial Interstate croup, inc. of Da count. , 'as y, Texas, hereinafter called Principal and Nobel insurance compam - - - - - - - - - - - - - - - - - - a 0&i_Ion organ ze Un er t 0 awB 0 ' t @ tate. o NC: and authorized to do business in the State a Texas, Here na ter of - called "Surety", art3 held and firml Denton, Texas, a Municipal Corporation ibo unto the nuDenton County,C Ttexas, hereinafter called y t "Ctt "in he penal S,UM Of t hr rh EuUr hundred ninety five dol.lnre, and no/1.00 (s 11_5 3,495495.0nd ~0~~ aw 'U money 0~^l`'~te 0 ten perc,ant (10%) of the total amount aofa~thehehereinafter~men- tioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and succrlasors, jointly and severally. THE alondition of this: Obligation is such that: WHEREAS) the Principcl entered into a certain contract with Contractor, dated the io ~ the proper '~aY of Aupuet. , 19 93 an inter-oat, pearfo ance ol" which the-7i; o in copy of which is hereto attached d an d madeaa~ has hereof, for the construction of: part 'l'ace fle11 Restuarant - ;,!Auwa,iks a.iony o:m*ersity Urive CONTRACT%,'S MAINTENANCE BOND-PAGE ONE Ki yl U'tl't N!_~~.~_ ii 11 Cn"~1 HIS IaNI' I:I NOW, THEREFORE, if the Pr.incipktl 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 ecessary work and repair of an ,tit of or arising from the improper defective conditions growing but not limited to, any settlin work n the same, including, i defective condition of any of the 8~ breaking, cracking or other from improper excavations backfillin rk or part thereof arising cause or condition, known or unknown, at panting or any other shalldbe ffi his bond, whi sivahe city engineer, t whoseuring ju the defective work, mand aterials or labor; the rminens to be the resudltell be void, otherwise to remain in full force andsef ect~ation shalt In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined heroin, it is agreed that the City may do said cork and supply such materials as necessary and charge the sum against the said Principal and Surety on this aJligation. It is further agreed that this obligation sliall be continued on rPrin coveiess may hbe had c pal and Surety and that successive ccessive breaches of the conditions herein providehereon for d until the sufull ount of his nd shall have been exhausted, and it is furt eraunderstoodtthatbthe obligation to maintain said work shall continue throughout said maintec,ance period same shall not be changed, diminished, or in any manner tefle time. ected from any cause during said PROVIDED, further, that if any legal action be filed on Chia bond, venue shall lie in Denton County, cater eachNone of+wh cOh t hialli bo rdeemed is eoriginal, tri. pthe 13 day of 19 "J3 PRINCIPAL SURETY commercial 3 er a e Grot~,~lri~_~~ BY: ,~------BY: 40OF A "4t CONTRACTORiS MAINTENANCE BOND-PAGE TWO iC f! M I FILE,-03-1993 10: 13 FRAY O:NIJEEC1RL IN7EF37WE 5iPP TO 143171' P.24 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: E f cR T r CONTRACTOR'S MAINTENANCE BOND-PAGE THREE T7TNL. a, M~ 1 I ;I NOBEL INSURANCE COMPANY Columbia, South Carolina N2 7 7 0 3 7 8 POWER OF ATTORNEY _r KNOW ALL MEN BY THESE PRESENTS: That NOBEL INSURANCE COMPANY, a Corporalion in the State of South Carolina, (1`) having its principal office in Columbia, Slate of South Carolina, does hereby make, constitute and appoint: c DICK C.E. DAVIS, NANCY A, EDELMAN, OR SARAH N. STARKS Its true and lawful Attomey(s)•in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf, and as ils act and deed, as follows: Specifically and only on bonds executed having an amounl not exceeding $ 10 , 000.00 as to any one project, for or on behalf of this Company, in its business and in accordance with its charter, and to bind NOBEL INSURANCE COMPANY thereby, and all of the acts of said Atlorney(s)•in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made pursuant to bho resolution adopted by the Board of Directors of Nobol Insurance Company on November 15, 1990 as follows: v RESOLVED, the President or any Vice-President shall have authority severally to make, execute and deliver a power of j attorney constituting as Attorney(s)•!n•Faclsuchpersons,firmsorcorporationsassuchofficersmayselectfront time to time. h BE IT FURTHER RESOLVED, the following said appointments will be allested by the Secretary or an Assistant Secretary of this CorporaCon under its Seat. The signature ol the Secretary or any Assistant Secretary to certify copies of such powers of attorney may be original or facsimile, and when the Corporate Seal is affixed thereto, any third party may rely on said / certified copies of powers of attorney as the act and deed of this Corporation. The President or Vice•Presidoni may revoke ; any appotntmenl made pursuant hereto and revoke any and all authority conferred by such appointment. z IN WIT NESS WHEREOF, theNOBEL INSURANCE COMPANYhas caused these presents to be signed by its Presidentand/or Vice. m Presidanl, and its Corporate Seal to be affixed. z "'geRANCE cc ti vH:•.°°"°-....ca ~ NOBEL INSURANCE COMPANY {~rU S E A M R. Mark Walsh, President STATE OF SOUTH CAROLINA COUNTY O." RICHLAND On this _I st day ofJanuary _ 19. 93 , before me, a Notary Public of the State of South Carolina, in andfor theCounty of Richland, came R. Mark Walsh of NOBEL INSURANCE COMPANY, tome personalty known to be the individual + and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the said Company aloresaid, and that the Seal affixed to the preceding Instrument is the Corporate Seal of said Company, and the said Corporate Seat and signature as an officer were duly fixed and fl subscribed to the sald instrument by the authority and direction of the said Corporation, and that the resolutlon of said Company, referred to in the preceding instrument, is now in forts. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official Seal at Columbia, South Carolina, the day and year above written. ' ` f~~N ,ego., ~ (N / NOTARY 1 } - - - - ` * Nancy M. ardVVV P U 8 L I C f NOTARY PUBLIC, Slate of South Carolina MyCommffdon Hplru Soplomber 10, 7000 CERTIFICATE I, the undersigned, Secrelary/Assislanl Secretary of NOBEL INSURANCE COMPANY, a stock corporation of the Slate of South Carolina, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY AND CE:R FIFICATE OF AUTHORITY remains in felt force and has not been revoked; and furlhmmore, that the Resolutions of the Board of Directors, as sot forth in the CERTIFICATE OF AUTHORITY, are now in farce Signed and Soaled at the said Company, at Columbia, South Carolina, datod ties jiti, . day of____August 19 93-. POR GL SEAL oil(, Assistant Secretary Dcu las W Ca r f - This Power void unless Items 1, 2 and 3 below are compleled. This Power also void if the band penalty amount exceeds $ 10,000, 00 f. BOND NO. ___$-T1L~-2243._.------------_-_.-----------------.._._---.. 2, BOND EXECUTION DATE ._._-R/1 3/93 --W___--. ---T - ACF9402 I193 Commercial Interstate Croup, Inc, 3. BOND PRINCIPAt. ppp~C,~O L' Q~c~9 a~OO oppp { .v r o°~D o ~ I i o a Q 0 OOO~°~NTO N ~~{GO~Q~ °0aaaaoaoo~~°oo r I ,0/00/03 LIS:15 '1}'06175668230 CITY OF DENION rA002 AAalDDD97 er.. FROJEcr NO. CONTRACT NO. s THE STATE OF TEXAS 5 - DEVELOPMENT CON&RACA COUNTY OF DENTON 5 K; „reas, - 'Paco Bell Corporation hereafter raforred to as "owner," whose business address is 2300 Valley View Lane ,_$yite ~1QQ, Trv1n~,~PX 75Q.____ is the owner Of real property located in the corpora Le lim:lts of the Ciry of Denton, or its extraterritorial jurisidiution; and whereas, owner wishes to develop this property anu such development must be performed in accordance with the applicable ordinances of the city of Denton, hereafter referred to as "Cityl'; and whereas, as a condition to tha taginning of construction of said development, a development contract in roquirad to augurs that all streets, water and sewer li.nas, drainage facilities and other improvamant, which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City?sr spaci.fications, standards and ordinances; and (salhsot applicablo provision as follows) wherean, the owner elects to construct. the Improvemento without contracting with another party AA prime contractor, irr which carne the provisions or this contract which vofer to "Owner" or "Contractor" shall mean tho Owner as named abovn; or r { j Q/UIIi0.9 UI:LU 'CS flril_'~GG,S'a(; C11'(I 11:I'.i;t `J1u+.i.1 ilcj Brand on. ElI soli ,I nC".-_d_ba Aero Valley Construction Co nhr~;x: hu,_lm::l;; a;irlresrr is R1:. .j i'r.:: IQllr_.Rzuzwol;t I ii2(,,_ )'t}L!11: G'1i1 l".6 il: rrl.C :]I:.J.MC'.. •"+7:°i .ai".~ S'i 116: rc?ill]r Ci:i h('. 1: rt;ld C.llt=1'[7 .1 t...ll 1'..tC't~!_til: 1T:l t: C'.ii~=' ~:-,l t:'y' rl Ei1S 1fl ~.Il I.CtLo,,! 1: 11't i_11ffl T7: 1" -"f .1% 1: i'.1't f.C,1?Lt_t N, r. 111:. L4blCct t o I'll j r.-. :ACJ r`l?Iflc!nt.r W11.L<al (11)_.L, llp4'11 C:(i~.1J ~T?L- `.!711 Emit 3!"_'Ji pl: u. TlCtl i'. f[1: f,'A i;! ~ I)UCOT e1 pUbl.)_C prc-.1i l-i:'•,r, ;Irr': f)1"C1il f;tY ;l Cl)1',t; 4'. T",1 r7f"nrj x.11 lt_. C:q,'C1.7 f1 'r will t:il!? C)t:V r'i ;11C(]1, J. C71{:Anil': :.t:'h v11 C1~: }',a'p'[:',r!ll T'!11'!: t"'J l'ri:d:;L?o:AAll i A6 1.q t I1C i'.1 !L"Ci'✓f :!`,:C i1 L"S. r1 L t'. do 1.). c..l Ck i:o 1I)t; pit[}ll apnw.[P..i.cd in Ex hi.bi.t at: E: aai1. Ipnt:l i,rlQt31.'j1(,:.~ll.-!,,c'. fly r0for._hcc:r t:O h(t ir:as.rli.L'.:d and c...,h ,tru!.;'_cal >ll: _ _ 1800 Ulllvcra 111 i)^_n t:oII X /(mill t:11r, Owncr, CcTm:i1(-,t:G)7 6I)d C:0:7, 1..A C!:Il:!; [1 t;!I'f'. C. l.Oll 01: t:11t~1.C CI~_l 1.A1E?~. `)10111. it':.^+ it llil 1':C1VC`.ll it ll i'S C. C~IIt: (I 1.l U; CI }1t:CrJ 1, f7r Pt r.]l:+iq ;;1:+ {'(.)L:. Cl':1~: 7 r ovctl:Sr1?'-'-='/= r (A fl tr,,-nr,. C:ot,t :arL'!~Y .a({r,ei~i :,T tt~7lo,;;;; ~ nri Y3 t:~IfiC1 rLJ; flf3 i,:C7Bt'.il.l.llt_'.<I. 7.11 r;,V:1. f"1111:1 3.7. r11i!_I TLl 1. i)T.__L 111.' I. ' C Sr:71: C f)i l!~ i) ~i ;I"Lft: tt ...rbS }l (:rTI 1 7 H) S:i r d!: il'1!?h[1i:1;1r curd ill..i. OJ't17-n~ll}CCCi Gl' C~?JG''1L_.Ci1C 7(')1J fit U} 7_::l}r1-'.: 1_ci :"lJ:fl.tf JL':7`lf::;l'711::ir ;+llf:~l t 10/08/9 f8:1A 1i'!?A1736tSA2J6 1'171' 01, f1€h-r11ra 11404 specifications, standards, regulations and ordinance, being exr'ressly incorporated herein by reference and being made a part oe the agreement as though wrlhtnn herein, / {r,} ~uthorit_ o ri~._I~.'~.q a r} rnspertiony daxl, That all, work on thca 'Ve'its and ]'mprovemontu shall i:a p©r£arfied in a good and workmanlike manner and to the ,atisfac:tion of the City f engineer or his reproniantativA. The City P.nginaor flhall deride all quef>tions which arias as to the quality and acceptability of materialo furnished, work porCormod, and Cho intorprgtation of epecifi.cntions. i Tha Contractor shall furnish the City Engineer or ilia rfipx'civentatl_vQ With eVQr ~ Y rene•nnablo Paallity for ascertaining whathur cr 11ot the work perfonakk a was in accordance with the +~tJC cifi~ ar.lor.=, Ippl. irab; a there>Lo. Any work done or materials used Y;Thr,ut .111 ablQ inupectifin by the City may be ordered removed a1.13 I :'t:p..;.~~zi a.t ^~ntrar„tors rxp~anl~le. f i I`F'In allure oT the Contractor to allow for Inspection, to tbmt materiala furnishod, to satisfactorily repair, remove or replace, it eo direotod, rejected, unauthorized or condemned work or materials, or to follow any other request or order of ti1r.A cit.y engineer or his repro..aentattve,, the City Engineer shall notiry the Owner of such failure and may suspend inspections of auoh work until such failure io remedied. If such £ailuro In not remedied to the satisfaction of the City Enyinou:.', the City xhall have no obligation under this agreement to approvu or accept the Improvementa. PAGE' :1 1.0/09/93 19;19 %YRri17596323r1 CITY OF PENTON X1005 (a) _Jesslr~ TO provide for insurance in accordance with the insuranco r.3<pairesments applicable to contractors as provided for in Teem 1.25 of DlY1SlUn I of the St Dd r LcatLans fob gLbl is waS1i~L~~CI 'Sir 3 411~~~ t _-_C nt al---TqKds, as amended, the proviai.ons of which are <A.ypressly incorporated herein by reference; 1Jrovid"d, however, for purpose of thin provision only, "Owner," ao used therein, shall mean the city of Denton. (d) fide! an3 .Met-b AA.- of _Cpnstritctic)n. That thcA means and methods of construction shall be such as Contractor may choose; subjcot, howuvor, to t•.he. City's right to reject any Improvements for which the mcani3 or mothod of construction dogs not, in the judgment of tha City Engineer, ausure thjt the Improvements were constructed in aacordanco with C1_ty specifications. J 2, Veverimt_s of owr1-4-A: end Contras or. owner and I Contractor mutually agroa as follows: (a) pOrformtanue 13nn~ E.S&!~1e~g~_Hercecxt. That if building pe3rmittl are to be issued for tho development prior to complatioti I and acceptancR or all 3mprovements that are to be dedicated to the publi the following security eii6quiranprits ©hall apply, unleos the development is a "one lot development," du defined by City'o Development Codef (i) a pr_rformanve bond in an amount not loos thar. the amount necessary to Qoluplot o the improvevento, as determined by the City Engineer, shall be aubmitt*d guaranteeing the full and faithful completion of the Improvement% malting the speyoif icationa of the City, shall be in favrr, of the city, and shall be excouted by a surety company authorized to do business in the State of Texas; or, PAGE 4 i i 1 1t1 08/A•1 18; 17 1y"A8175815278 (;ITS' OF UNfnN f~1t108 (ii) if the cost aE completing the Improvements, at t1le time building permits are requested, is in an amount of $50,000 or IPA-A, as determined by the City rngincer, cash monwy in the amount neceoeary to complete the Tmprovaments, as determined by the City Enginoor, may bu depoaited with u bank as _ escrow agent, )pursuant, to an Qacrow agreement enduring completion of the Improvements. without exception, the Cityln asacrow agreement form shall be used. ~I (b) Pavrae.pt kon~i_; ►~tiB 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 (1.000 of the approximate total QQst of the :.ontraet cost of the Improvements, guaranteeing the full and proper protection of all claimantz supplying labor and aaterial for the construction of the zmproVAn,ents, Shall be in favor of the city, and shall bu executed by an approved surety company authorized to do buninena in tha_ 5tato of 'rexug; or, (ii) if the total cvntrac.t amount of all Improvements N $30,ovu or less, as determined by tho City Engineer, or the Improvements, regardlRgy of the contract amount, are for a "ono lot development," as defined by City's D<avelopment Code, and a payment botSd hag not boon submitted in accordance with (i) abovca, Ctwner and Contractor agree and guarantee lhut any and all debts due to any person, firm or corporation havi.nq furnished labor, material or both in the construction of the improvements shall be fully paid and sati~sfled before, acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor r,hali furnish a written affidavit, in a foz•m iproviaed by the City Engineer, stating that all bides, chargaw, accounts or claims for labor performed and material furnished in connection with tha eonatruation of. the improvements have been paid In full and that there aro no unreleaaed recorded liens filed against the improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the requQnt or the, city Enginvor, owner or Contractor shall furnish u complete 4'-W, or all vube,ontractors who perP.ormad labor on, or supplied PAGE 5 FO/O diilJ 16:17 Y3081756d923U CITY OF I~ENTpY 007 1 material for, when requho co tho constructiten 1 wri on op the im roaony o t and, statement from any or each Of such subcontractors or au It have 110en paid in full. k7p ers that they only w!lere the Owner and co Pa n s. [This provision (C1 applies ntractor are not he Game party.) That as s®curity for the faithful completion co .tractor and of the ImprOVements owner of the total ae3-ree thak thQ q caner shall retain tan Percent dollar amount of tilts contract anprovaF or acceptance of the improvcaments bPrice Y y th unity after final shall thareat'tezr tht~ citY• The owner ' pay the Contractor the reta.inage, cuntraatnr has only aster CurniFhed to the owner sariskactory ovidgnces that all indebtednes:z connected w ith the work and all soma a£ money ducx for tabor„ matoz•iala aAparatus, far end used in fixtures or machinc,ry furnished the performance of tt,s wAxk have been paid or othezwise satisfied, {d) cum '!]h__ r_ d~ n`8 That u acts t pon completion and approval P anoe o£ the Zmpravdments of the city, the rmprovriuiEJjj or be3CAmo the property of thr_ s uhall City f're5e and clear oF, all liens, clsims, charges or eneumbxanauu v£ any kind, If, after acceptance of the Imprvvemanta, any claim, Iiun, charge or. encumbrance is made, ur found to exieF, a gainst the r;nprovementae or land dad.ii:atad to the city, to which they fir" Affixed, the Ownor and Contractcr sha]1 upon notice b Y the City t?rampt].y cause suc7t claim ]iPn, charge or ennuml>rance to AtY eatieEisd and released or Promgt.[y post a found with the city in the amount op such claim, PAGC 6 loir.U;y,; iU;I3 21'96Ii5U8925U CITI (w DENTQ\' x'1008 lien, charge or encumbrance, in f-Ivor of the cityr to ansura payment of uunh claim, 1.4an, nharge oz encumbrance. (0) KAI 11 WA- That prior to a ~ PAtVVal or acceptance of the Lmprovements by the City, to furnish a maintenance bond in form and substance acceptable to the city, in the amount of ten percent (log) of the contract amount Of the Improvemants, .insuring the repair and replacement of all defects due to taulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and ahall be executed by an approved surety comliany authorized to do business in the State of Texas. (f) In °~nif~ tlr.,, To indemnif harmles9, the qit ~ Yr defend and save Y, its officers, agent; and employees from all suits, actions or claims of any character; name and description brought; for or on account of any injuries or damages raceived as sustafned by any person, persons or property on account of the operations of the Contractor, his agenta, ampioyasn or subeontraotorsl or on account of any negligent bet of fault of Cho Contractor, his agrants, employeeA ,ar subcontractors in construction of the improvammntA; and Rhall. PAY any judgment, with cents, which may be obtained against tho city growing out or such injury or damage. (4) Acra_mdn Cant nl~lnd. That: the provision this agreement shall control over any conflicting provision of ny cvlttract between the Owner and Contractor as to the construct onaof the zmprovemente. FAGr 7 10/Qf1/89 1i3r19 $P917513692JU CITY (H' ;F,'NTO\ I~j000 3. Occupancy; o„ng_Lo{i [~valognents, owner furthar agrees as f01lows: (a) ThaL- owner will not allow any purchasers, lessee, or other.- person to orQupy any building within the dnvalopment 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 ba deemed anprovc%I of such occupancy and the City may take whatever action necessary to restrain such occupancy, (b) That if this contract applioo to a "one lot dsv*lopmont,n as defined by Citycss Development Code, and no performance or paymont bond was required or submitted for the improvements that are to be dsaicated 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 completea evil aaueptad in accordance with this contract. 4, Qayenant,2-gj_S 1-t_y , That, upon propor completiin of th. Improvements in accordance with this agreement, the City agreon co Accept the Improvements. S. ~(Qnue ^~-~91!~1 119 Thu parties herein agree that. this contract shall. ba enforesable in Denton County, Toxan, and if legal action is nec9asary in cionneotion therewith, exelusivra venue shall lie in Denton County, Toyasa. Tho terms and provisions of thin contract shall be construed in ac". rdanaw with the laws and court decisions of the Stmtc of Texat. PAGE b alid 1mi7.o r1U lAU bQIIC i:; U,1 1.1 V2 17 f.11'iJ1C;: :1 f31; ~:.1".C)~ 1: ~7(a 7: I ~'g ~Pr1 2.Vr suCG~~...tort, :~tu! -.ts rs f. can:,. 04;1IEP, TACO si:Lt, cC~~+~ , ,~UTR,S<;'zor•; Brandon Ellison Inc. dba Aero Valley Construction Co. CIT*to~irAc;I it J:11; MALT R5 U]A'V :,'r',(7k %iAI?Y A111'rWVED At; TO LEGAL F(iiltf: uui',RA A, I)i7e1`LOWTCU, LT'PY. A'J"1'OPtP7F.'; a2 G~ I 'i BRANDON ELLISON, INC. C ,A AE110 VALL[SY CONSTRIICl1011 C0;;li1Af7Y RT. 3, POF 11-H ' ROAIlOKI:, TF%AS NPU n11-101-914? ?34 FX[HP1t' r1 (I ~nrcsv~sm. sirclevrrrnin { Commercial. Tnter.state ~'srl~cr L, I OcLobc?' 8, 1993 ( '1 ai o P,e11 tJnavr.r:;T.ty (n,.l4nrr ;,,rr rr r _[c 8' v,7 t(:I main lj f rJ t I} 59£3' 0900 f?3i1f3 p~c h~ah.ar 1-inel irl-,iIi I led 20.87 12,48J.26 k,• ~(y 2 8" X 1150 bends q3,2-1 .00 550.00 { 2 8" t.n 1~1,a !}ate val~.res .i'YO•o0 1,140.00 ,i 1 8 X 8 toe with plug .and ;))tocki_nq ull?,'14 417..'74 T 8" plug with };l.oct:infl 211 C, 211.00 L £3" X 611 rrdL, cr--, 1 iI;sta11.:,(I /!11 .00 291.00 ti 40 Pavement ropair 00 960.00 ,l 1 fi (i tapping :;lecve and valvri 00,00 900.00 1 Instal.i 41' r3nw- --r t;lp into 10" 111Tt.{II Tnsl;al) 201 4" -:ewer pi lx` 57,,00 175.00 1 4r ixixy fire hydrzlnt ',rzth L1. acc cssor,ie; t'11.1d 12.0'3 1, 17 ,.00 ~f 2 1" water servir e: in ,k.allf-r! '84.06 9(8.00 i r, { ~r I ,r fN!r"r)I% (q !,rl r ,I i', IC+:~ rI', r__,__.__.. _ _ Twenty thousand two hundrL'Ici no/ i ,ilr 701 200.00 UPON COMPLETION. rr,r rl! ~ 1_ (1 T , r .A o°~°GG° acaoooQOOO~o O ~ y Q C C y ODOOQ~oO Q N t oO~ooOO0~~77 oaaaaaoa rr I raoJrc,l' No.._A3 COIITRACI' No, ra Ot- '1'llr STATE OF 'I'rXAS S COUNTY OF 1)rIl7'Utr EAN FLOPIEN T _COUTRAICT tPherens , hereafter referred to ns "owller,>' whot(e bu9i11P_ss ncldr.Pras is 4611 N. 32nd St., f Milwaukee,_WI 53209 is the owner or rea l propar. ty Jocatecl in the cor.poratn .1,1m1.ts of the City of Denton, or its axt.r.ntel--Ic0rl(•,I- )1Ar.ifJdictir5n; 111d Wherrns, M) llnr wl.shes to clevel.op the propm.ty nncl Such devel-- opment nnlst bn pFr.formed in accord-,mce with 1:11n applicable ordl.- nances o[ the clt:y of Denton, lterenfter referred to nn "ci.ty", and Wherenrl, am n cnndi0all to the beginntng of, colmH-11c.tinn of nald dev(" lopmeltt., n developmenl•. contract is rn(lvlrod I:n inSUre that all. streets, water and sewer Baps, drntrtnge fn(JItt.les and other Improvemnllts which nrn to hp rledlrntecl to thn lulbl ic, hnrenf.t•er rorerrnd I:o ns "Inprov?mnl)tn," nre rnllstruct:Mrl In nrrnyd711r,n with J-hn city'ry npnr•I riven t:tnnti, as tnndardn and orcllnnrn•nn; nnrt Whnrnnh, tiln (lwnnr nInrt•n t-o Cnnnt.ruct thfn Impinvnlpr,70'ri wllh- out, r,.nntrnet incl wit:ll nn(thet.' pnrty ns prima r.rn,trnr tar, 11) whlclr (rann thn prnvlnintts nr thin rrnntrnCl'. wlliril r-nrnr- to "m4iinr" nr "('n0.rn(4nr" -hi I I mr mi Hid nwnor nR Ilmmo7rl nbnvo, mild f9minr It7, rnns tf7 c•nmplpl'n, not Intnr t:hnn Aprll_29, T02;3..___. , thn lmptnvmmnm}m ret. rortl, hrrr,ln and dr~scrtbed In Xxhi.blt: "r)" nttnr-hnO bnrnl.n, the P1,1119 for the co)jgtrtlct loll of herald by reference; or. Wherenry, ownr±r nil( 1 Cortt:rnctor recogtrl.ze tint. the clf:y has nil r i.rllerest irl ensurfrl~ that the I.mprovemelltrt gttbJect to this 1 nyreement, wltlch will, upon completion nrld ncceptnlice by the CitYr S hec-ome pohllc property, Fire E>roperty coltstructed ill ncoorcl,+uce wltlt l:lrn Cit y'° speclf.l.catlons Anrl that pnyment Is mnclr? tltr.ref.orj 11l7'1iR88ft7'H As to the Improvements to be dedlr.nted to the pr.rblic, as 4perifIed .1m RXhIblt A, nttnrhed hereto and .1ncorLotnted by reference, to bn i.rlstnl.led and collatructed nt 9320 Ill--39 florth, Denton, Texns, the. Owner, Contr.netor nrrd city, .ill vorfnlOnr.ltlorl of their mutual promise..; Finl coveuntlts conta.fned lint-0.11, ngtoe ns roIIOWA.- 1 COYeltants of Contractor. c.onh-nctor ngrneg nrr follows; (n) To cxmstruct nnrl lnstnl.l the lmpr.ovnmentg nn dp.- sct lbed In the hlnrln nttnched hr~reto ns Rxlliblt "Fill mud to complete ruc•h congt-.ructlon not later thnrl April__29, 2023 trnctor/Owner ngr.ons to congtrur•t such improvemhutra in necordnrlcn with the pr.ocedlrreg, gpecifi.catiorFl arld ntandnrcts colrtalunct ~n Itlvl.eiorr 11 nrul f it of t:he Clty's _3.tairrcE--_00,0tic:ttt lolls .--,for )'ub11.c_Works_COns.tructlgn , patLlr Ce>ttrrtl.'I'exas, as mmmncled, and all nddeudums thereto, nit(] nil other' regulnt.iolls, orctlunn'r,n or gllec.l- f Icntlonr~ nf,pl Icnble to gucll Improvements, Such sl r c.li.irn clonn, rrf.nnll tdr:, redutntlorrg nud ordlunncen bnlrr,i nxprnnhlp In or,rporntnrl MI R 2 herein: by reference and beilig made a part of file agreement as though written herein. (b) AUt111r_lty of_C ,ty_._Ea.gineer_; _1.rls[~ect l.vtis,__'1'ests_and orders. 't'hat al.l work on flip Improvements shall be performed In a good and work mnnllke manner, attd to the natIs-ractlon of the City Mighiepr or his ropresentatlve. The City Eng.lneer Rhn11. cleclde all i quentions which arise as to the qunllty and ncc,-pt:nhllity of mnterials furnished, work performed, And OF, lotprPret..nt [oil of spP.clf 1cnt1Otis. The Cotit:ractor shall. f.urii1sh the city Fb>glneer or hl.s representative with every reasonable f.aailit:y for rsscertatning whether or not the. work performed was In nccordattcp with the speol- f LcatlOllA npplArnhle thereto. Any work dome or mntprtnls used without sititabLP inspection by l.he city may be ordered removed and r.epinr_ed at Contractor's expenno. Upon failure of the contractor to allow for. inspection, to tpst mntertnls furnished, to satisfactorily repair, remove or replace, 13' so directed, r.e.Jech,ed, ltttauthortzed or condemned work or mntn_rLnl.p, or to follow any other request or order of the city l.ncllneer or his representative, Elie city Fighit., r shnLt notify the Owner of such fatlur.e end mny suspend itispeotlonR OC Suva work mittl such f.nilur.e is remodied. if such f.nilure is not. remedLed to the snH.sf.net-Jot: of the City Fngineor, the cl.ty shn1L hnve iso ohlt- gation urnler this agreommit to npprove or accept the Improvements. (c:) ln{lurance-.. To provitip for inmutnnCn In a(.tclordnlice with the lnnurano.- requlrements nppl.icnhl.e t:o contrac•tors as rnr,>:; ,l i { lrovided for i}r Item I.?.G of. I)ivlc:loll I of U10 Sta,liclarc3___Specl,_ L lc.a_tiolls _for_publi_c Worts colls_tructlol}.,__Nertll_ Gera raI_ Tex.rls,. as nlnertded, the pr.ovisJolls of which are exprn.msly illcorporated herein by reference; provided, trowevrr, for purpose of, tills pravimi0n I only, 11owner,rr an used therelm, stlall mean the city of nnnton. (d) Flealts alld,_Me,ttcgcts_of,_colistruct all,_ Thnt the menus nncl methods Of constrrtction shrill be. much ns contrnct:or "my choose; subject, hownver, to the cltyln right to rejnct: nny Improve-monts for which the mnall9 ar method of constrlletlo}1 does 1101•, 1.11 HIS Judgmellt of the city Fngineer, nssure tint the .Improvements weri r.ollstr.ur.tnd 111 accordance with city mpecif.lcatlens. 2. Mutual_ c cvel.>atfte o[-_ Uwller_ alld_ coni ractor, Owner and colltractor mutunlly ngree As fol.lowst (A) Vet totmal>_ce__DOilrlti_t _ Csct:ow _Jlgreernellt,, TI mt If bultding permits are to be innued for the dnv,lopmont prior to I completion And nrreptnnce of nil Improver" It -I 1:1m," nrn to he dndlcAted to file public, the following sncurlty rnrjltlr.mmmtlts Ahal.l c~I~1rIYr u}tlPraR flln dnvAlopmnllt: is n 'rnlle loF. llevnlnpmnllt,u as rlnrlned by (II•y n Ilnvnlopmnlth t'ode: (1) a performn11cn bond Ln nn nnnmrl►' 1101- I nr r1 thnrl 1-110 Amount nacorisnry to complntn tin Improvn- mnntn, ns rlnterminad by thn vit•y F11rJlneor, r'hnj I he snhmf thud gunrnntnnl11cl thn riff l A1!ct rot.ii nl cnmpletion or l•hn Iml,rnvemMnt:9 mnet:Ing thn nprrdflcnhfonq of t•11n city, n11nI1 hm Ili NIVnY r,r tllm elf-y' and nl!n l I bn nx~r.lttnd by A mnre1-y comp ley ntlthr,r 17,nd I n rln hurt I Ilonn III the Rtntn of Toxnn; or, ( I I) If tlln rout- of rnmlrtnt lrnl t•11n Improvmm-llts, nt 1-he tlmn I,nl Idi11g pnrmitrt nrn rn.tr,lnrtlnd, In J11 1111 nmolmt of $50,0O1) or lenr<Y, nn rlnharminPd by PAGF 4 the city Fnginver, Cnsh Morley 111 file nmount necessary to complete the lmprovpmentn, ns deter.mlrled by the city Pnglneer, mny bo rle- posited with a hank ns escrow ngerlt pursuant to an escrow ngreement ensuring completion of the Improvements. Without exception, the city's escrow agreement form shall he used. (b) Payment B nd_,__Assuran..c©_af_.Payment.. That prior, to ncr,nptnncP of Lhr? Improvementse n payment hotld will be f.ur:l Lulled Ill nn nmount not less than nun htlrldrrret percent (1 UU 1~) of tlln approxlmnte total cost of thr vmitract cost of the Improvements, guaranteeinq thn full and proper protection of all clnlmnrlts supplying labor and materinl for the cnn- struction of the lmprovpmerlts, shat I be ].it fnvor of the city, and shall bQ oxncuLPd by nn approved surety compnny authorized to do bllsilless irl the :hate of Trtxasl or, if the total r.orttrncI: nmount of a1.1 Improvement'" in $50tooo or .less, a.n rlntermined by the city Engineer, or the Lmprovemellts, regardless of. tiln contract nmount, nre for n "min lot development," ns defined by City's Development node, and n pnymnrlt braid has not been submitted in nceordnnr.e with (1) nbove, owner mild contrncL•or agree and gttnr.nrltee tint nny and nll debts due to nny person, firm or corporathnn htnving furnished lnhor, nlnterinl or boi:h ill the comstructirnt or tlln tmpr.ovn- ments shrill be fully paid and satisfied hefore nr..cr+ptnt+re of the Improvnment:s by the City and tint prior to acceptnltr.ra of thr+ tnlpr.ovemnnts, the owner. nttcl Contrnctor sllnht furnish n written nfridavlt, in n form prnvicir.d by the city Rngirteer, stating tint nlI bids, r.hnr.gen, noc.nltnts or clnimr for lnhor performed nrld mntnrlal furnished in comlo(Itintl with the (1onstrtletinn of the IM1)rr)VrMPnts IMVP bens pnid .in full and that there nre no unr.el.easn.d recorded Knits fIIed against the Improvemprlts, or .inttd to which they nre nrfl.xncl, flint are to be dedicated to the public. Tlml•, tllion 1-he rr'rlnest of l hn city t ngitteer, owner or contrnc.tor sltnll furnish n fiompln.te List of all subcolltrnctorn who performed labor PAGE 5 Oh, or supl,l led mnteri'll for., t.ltn coils Frtictlall wof the Improvemetttta, nncl, when requester cld, r.iEten statement from any or nnclI of att s"llconEracEors or suppliers tint: they iiave been paid in full. (c) t!e_t~lliage_1_FiIIAl__p,ymelits. ['I'ltis, provislolt (r.) npp Hes only whr-re the owner and Contractor are noE the name ~nrt i y•1 That nn sne.urity for the faithful. compinEion of the amnrovements, ConErnct.or and owner agree that the owner. sllall reEn ttt tell percent of the total dollar nmount: c,f ultn coliErnct price unEL.l after final nl+proval or nccepEnnoe of. the I provcmnlitn by site CIEY. 7'lrp owner nhnli t•lherenftnr ['.aY the c.ontr-ncEor Elie rnt:nina n oirly after CorltrnC'tUr fins fctrnislred to E.Ite owner satisfactory evidence that all Indebtedness connected with Elte work and nil sums of money clue for labor, materials, apparntrrs, fixtures or rnachirtet:y furnished for nrtd used In the performnrtce of the work linve beers l)ald or otherwise satisfied. (d) EllcuImbtances. ThnE upon completion and npprovnl or nccnptnrtce of the improvements of the City, i•.he .ImirrOVVMOnt•.s nhnl.i become the property of the city free and olnnr of nI Henn, clalms, cltnt•ges or ettcumbrnncps of nay k111d. lf, rtf.ter, acoeptaltce of Elie ImprovemenEs, any claim, lips, cllnrgr% nr euctrmbrnnce In made, or found to exist, against the lmpr.ovempntn, or land dedlcateci to Eller City, to wltl.c'lt Ehpy are nrflxnd, Elre owner and Contractor sha.Ll. upon notice by the CI.Ey prompE-ly cause such claim lied, cluir.ge or encumbratrca to be sntisf teci and rel^nsed or Promptly poet n bond with tale clty in the amcattljE of such claim, tnr;r ti J ien, charge or encrntlbrance, in favor. of Ell r_ y' E0 ensure pay"Itt of such claim C It Bell, charge or encumbrnrlce, (e) 1_tair,ltenalice bortct,. T'haE prior to approval or neceptnllce of LhP improvemprlts by the Clty, Eo furrr.iall n mnlntPnance bored ill r Corm and substance nr.cefa sble Eo the c.it y, .in flip nmount of ten percent (101) of the contrnrt amount of Ellen amt,rovemnnLs, ensuring the rwllnlr nnci rPpineemertt: of nti defects cllln to faulty ui;rterial nnci worY.manshil, thnf: nripenr w[Efi.ltl one year from the elate of ncceptance. The borlcl shall be In favor. of Ehe city nerd shnJ.t be Pxecutecl by nrl nl,l'roved surety company nrrthor'lzed to cto hus.iness III HIP Stnto of 't'esrns, (f) .Inc~emrt.itlcatlo>>,, TO indemnify, (lefen(f and save hnrmlase, the C.Ity, eta off-1cern, ngent•A noel nmp.loyenq from nil suLEs, actlolls or clnlms of any character., name and description t))-ought for or on nacolutE of any Injuries or damages received an suntnlnw_d by any pPrson, pPr.solts or IrroperEy on nceoimt of Elle operntlorls of then Contractor, ills agents, emllloyeas or sub- r,nrltrnctor.s; or oil nccoul,E of nay negligent act of fnnit of the Contractor, Iris RgPrltg, emp.loyPes or subcontractors ill corlstrucHoil of the improvemetltol nllct shni 1. pay ally jlldgrnent:, wide coslr;, which may be obtnlned against Elie City grow.ing out or snch Injury or damage, (g) Agrpemen -G'o11 C_olllftq, 'T'hat: the t,rovlslon of this ngreemeuE shnlt control over oily conf.t.teting provislon of rotlfrnct hn ally tween thf+ t~woPr' and contractor as to 1110. corlnt.I-Iw nli of the fmprovrmeots, PAGP 7 3. uccluparrcy; _one . Lot__DevelopMpl)L* s. owllnr ftlrtltnr n:1r fo) I ows pt's ns ; (a) 't'hat owner will not allow nny purchnnera, lessen, or other. person to ocoltpy nny hctlldifig within th ! dev.elopmentr III tl L ~L I improvements are completed and accepted by the clty, nlld LIInt upon v.iolntlon thereof Will pay the city $-3,000.00 ns 11rlrtldnted ctamageq, but such payment shall. trot be deernnd ,'tpprovnl of such occnpartcy nrrct the city mny take wtlatevet actl.on rlncesanr.y to rn.ntrnin ranch occupnrtcy. (lt) 'flint if this (.•ontract (1pl)tJn.^, to n "Utlp lot dnvelopmnntns defined by city's I)evnlol,rnnllt: c.'r,rln, and no performance or PAYITI nt hoed sra;a requlr.ed or rstrbmltted for the lmpr.ovement•s that are to be dndlented to Life pnbl.ll:, I:ltn owner shall not tie lssred a c'er1:1r1cat:e of occrlpnrlcy for any bul kilrlg r4o1l4tr.uctect Of. located therein UIIHI all required prthlic lnrprove- PINIt•s have been completed all(] accepted lrr nrcordnrlr-e wi.t:lt thls contract. 4. 4'oye(rgrlts__o,f; c1ty, 'l'hat, upon proper. crornplet lart of ttre Improvements lrI nccordance w.ltll tills agremment, the city agtnes to nrtrr+pL' {:Ile [mprrr••~.mnllt:rt. 5. Verlue__ alld Govelrtriltq _Law. '1'hn pnl•t I ns hnro I n aqt ee Llrnt t:h Is contrnr.t shnl I hn enforceable ]it t)entotl cuutlty, '1'nxscs, nucl i f I nqn I act I orl is nnc,nsnary In collrtnc,tioll thnr.ew t HI, nxc tut I vn venue shall l,ie in Oc+nlon country, 'T'exas. '('he tnrmrt and provlslons of Litln cortLrnot shall bn conslrltnd i?I nr,cordanrn with t•hn lawn and coml: dncinlorth of the stairs of 'I'ncas, I'/t(.r (1 r, 5_itcces:3oY_~stt3__.11ss.igrt I'hls contract shml I he W-itdiny :span and inure to the benefit of the l,ir.tfes hereto, their respective successors and assigiis. Executed In trips l.cnte this 29 (My of. ---Apr11_..-._--- _199A. OWIfER --COMTRAC'1'OR i E. R. WAGz7A CTURING WAY E. R. AGMs MANUFACTURING COMP BY* CI'T'Y OF UE11'110 TEXAP y C.r W AA-il iER A1~1•ESp. -IEIIN.IFER WAIATRS, CITY SECRETARY 13 Y f GZ~e -Cl~t~.lt d J t z~. APPROVED AS TO UGAL FOR11: DEBRA A. DRAYOVITCII, CI'T'Y ATT'OR11EY I'AG E 4 Hammett & Nash, Inc GARY W. HAMMETT P.O. BOX 1552 • OENTON, TEXAS 76202 LAND S REGISTERED V PAOFE851011AL UREYOA (817) 387.0506 (817) 566.5427 Ix 0 01648 FAX (817) 565.0436 W. S. NASH REOISTEREO PROFESSIONAL LAND SURVEYOR EXHIBIT Tx 01803 LA 07826 REGISTERED PROFESSIONAL CIVR. ENG0/EER TX 01431] AR 05683 LA 04038 MS 07368 April 29, 1993 City of Denton 215 E McKinney Denton, TX 76201 Dear Sirs: subject: G.D.I. Subdivision It is our estimate that the cost of fire plugs, sidewalks and landscaping required for this project will cost $10,500. If we can be of further assistance, please feel free to call. since C & NASH, INC. W Nash WSN:bc ~Q 4 0QP C QD (;G1J~O C` 061 A °p pSO% o °D a~ ~o 0 oa a y °opQ06 N t oooooOOo r oaaaaa4 i i f f c ENS OF FILE