HomeMy WebLinkAboutDEVELOPMENT CONTRACTS
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t PROJECT NO. `-O/
1 CONTRACT NO. 16
THE STATE OF TEXAS S
COUNTY OF DENTON DEVELOPMENT CONTRACT
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Whereas, Scott QNapbell
hereafter referred to as "Owner," whose business address is '
3037 Oakshire Penton texas 76201
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial Jurisdiction; and ,
Whereas, owner wishes to develop the property and such
development must be performed in accordance with the applicable }
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ordinances of the City of Denton, hereafter referred to as
"City"; and
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Whereas, as a condition to the beginning of construction of
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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
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ordinances; and
(select applicable provision as follows)
I __I Whereas, the Owner elects to construct the Improvements
without contracting with another party as y prise contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the owner as named above; or
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1___21X__1 Whereas, the Owner elects to rake such Improvements
hereafter set forth by contracting with
Calve Pavisw pomtio , whose business address is
P. 0. Box 26e Denton was 76202 , hereafter
referred to as "Contractor"; and
Whereas, Owner and Contractor recognize that the City has
an interest in insuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is
made therefor; f
j 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
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j PtIft-Putt at Cardinal
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the Owner,'Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
l.'Covenants of Contractor. Contractor agrees as follows;
{ (a) Specifications. To construct and install the
I, Improvements in accordance with the procedures, specifications
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and standard contained in Division Ii and III of the City's
t Standard Specifications for Public Works Construction, North
I Central Texas, as- amended, and all addenduas thereto, and all
r other regulations, ordinances or specifications applicable to
Ir
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~'y~ such Improvements, such specifications, standards, regulations
and ordinances being expressly incorporated herein by reference
and being made a part of the agreement as though written herein.
(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed
in a good and workmanlike manner and to the satisfaction of the
City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
interpretation of specifications.
F The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
with the specifications applicable thereto. Any work done or
materials used without suitable inspection by the City may be
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so'directed, rejected, unauthor-
ized' or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
may suspend inspections of such work until such failure is
remedied. If such failure is not remedied to the satisfaction
of the City Engineer, the City shall have no obligation under
this agreement to approve or accept the Improvements.
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Cc) 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 Pualic 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
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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
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 Contractor, Owner and
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1 Contractor mutually agree as follows:
(a) Performance Bonds' Escrow Agreement, That if
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be
! dedicated to the public, the following security requirements j
shall apply, unless tha development is a "one lot development,"
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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
f Engineer, shall be submitted guaranteeing
the full and faithful completion of the
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Improvements meeting the specifications of
~ the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii) if the cost of completing the Improvements,
' at the time building permits are requested,
is in an amount of ;50,000 or less, as
determined by the City Engineer, cash money
in the amount necessary to complete the
` Improvements, as determined by the City
Engineer, ■ay be deposited with a bank as
escrow agent, pursuant to an escro.r
agreement insuring completion of tha
Improvements. Without exception, the City's
escrow agreement form shall be used. ;
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Ih (b) Payment Bond: Assurance of Payment. That prior to ~
h acceptance of the Improvements: i
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(i) amount not b furnished In an
less than one hundred percent
(100#) of the approximate total cost of the
i contract cost of the Improvements guarantee-
ing the full and proper protection of all
I 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
i 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 developsent.11 as i
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
~J 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
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Engineer, stating that all bids, charges,
accounts or claims for labor performed and
material furnished in connection with the
construction of the Improvements have been
paid in full and that there are no unre-
leased recorded liens filed against the
' Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
` list of all subcontractors who performed
`f ? labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
' that they have been paid in full.
s (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
ti price until after final- approval or acceptance of the
j 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 1
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
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liens, claims, charges or encumbrances of any kind. If, after
1 acceptance of the Improvements, any claim, lien, charge or
encumarance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure payment of such claim, lien, charge or
E encumbrance.
l (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
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defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
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in'' favor of the City and shall be executed by an approved
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i surety company authorized to do business in the State of Texas.
(f) InkEnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received
as sustained by any person, persons or property on account of
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
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the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or damage.
I (g) Agreement Controlling. That the provision of this
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements.
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3, Occupancy; One Lot Developments. Owner further agrees
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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
j action necessary to restrain such occupancy. ?
I (b) That if this contract applies to a "one lot
development," as defined by City's Development Code, and no.
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
shall not be issued 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
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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
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venue shall lie in Denton County, Texas. The terms and provisions
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
b. Successor and 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, 19th day of January , 19 90 ,
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OWNER CONTRACTOR
Scott Ca 11 Calvert Paving Corporation
BY: BY: O•
CITY OF DENTON, TEXAS
BY:
ATTEST: i
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(1-11 Hj I
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
By PAGE 9
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Project No.
Contract No.
OWNER'S AND CONTRACTOR'S AFFIDAVIT OF
PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS
{This form may be used in lieu of a payment bond on contracts
of 850,000 or less as provided for in Chapt.II, art. 3.37
(A)(4)(g) of Appendix A of the Code of Ordinances.)
That, pursuant to the provisions of that certain Development
Contract entered into on the day of
19 between , designated therein
and referred to herein as "Owner",
designated therein and referred to herein as "Contractor",
i and the City of Denton, Texas; Owner and Contractor hereby
submit this affidavit, and state, under oath, the following:
I -
i• That all contractors, subcontractors and other per-
sons who provided labor or furnished materials in
i connection with the construction of the "Improve-
ments", as designated in said Development Contract, J
have been paid in full and that there are no claims,
liens, or encumbrances existing against said improve-
ments, or the land to which they are affixed.
i OWNER CONTRACTOR
1
SUBSCRIBED AND SWORN TO BEFORE ME this day of
r , 19 by , as
Owner.
NOTARY PUBLIC, STATE OF TEXAS
SUBSCRIBED AND SHORN To BEFORE ME this day of
19_, by as
Contractor,
NOTARY PUBLIC, STA%: OF TEXAS
86-551.TXT
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_i `.~•t. •Aiw.. .71.M .~1 .'A.:. ..4 a -r. y'iV r~~-r..~'. ~ i.4•i r 1~ ~ - -rr ~
' MUM HA"
Putt-Putt Golf Course
1) SiBewalk 700 SF 1.50 511050.00
2) 8" PVC 200 IF 15.00 $3,000.00
3) E" Plug & Blocking 1 Each 250.00 $ 250.00
20.00 $1x200.00
4) 24" FOP 60 IF
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/ 5) 6:1 Safety Ems 1 Set :100.00 $ 500.00
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TOTAL $6,000.00
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iZ33L
PROJECT NO.
CONTRACT NO.
THE STATE rVVAC
ESCROW AGREEMENT IN LIEU
COUNTY Of IBNTON 4 OF PERFOR?mANCE BOND
(Development Contract-Improvements
,
Less)
- _ - ~tff - ~ l,~''El~ r times ~rat~tccc o{ l7B.vb~c`.,.~.w.r~++~
WNEFEAS ScoFi D cancll :Z;ve• , hereafter
refers-ed to as "Owneje'. has undertaken to develop property
S withi,a the City a f Denton, 'Dxas, a•r its extraterritorial
i' juris43h3mts1on; and
WMAEAS, Owner hm, pursurant to the Lcrdinance's of the City
k
of Denton, Texas, l;eareafter r krred tao as "City,",, executed a
development contrac t: to insurta that anyr and all sweets, water
` and sever lines, dr.Lihage faci :dies or odher impr.omments which
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are t(o be dedicateiH to the ;.piblic, hstmafter referred to as
"Impro•vaments", are -x~iastructedi and comp'beed in &xcordance with
the sptiMications, swdards a•ridordinarzee of tns,City; and
WHEMAS, Owner wliWtes to r.aeri.ve bu bing peri&bs for said
property vior to ttae sompletia)n and ap,pryal or a-ra ptance of
If i the Improiwaents by ttct, city; an,.U
{ J W}{ti;XW-.,,, in order toi recei-visuch building permits Owner
may, where the cost to complete alte Imprownents is $50,000 or
f less, in lleci of posting; a performance board„ escrow cash money
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with a bank as escrow 6~gtat in sit amount not less than the
umaunt necessary to insure ,ecmpletiow, of said laprovements;
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NUU, THEREFORE, OWNER, City and First State Bank o Denton
hereafter called "Escrow Agent",
agree as follows:
1. Anovnt. Owner, as a condition to receiving building per-
wits._for.property,.located at •-E. Ffc~:.:.rv►_•
47-1
shall deposit the
1. sum of S.~ 'd c no/100--- -
{s 6,OD000 in cash money, with Escrow Agent, said sum being
in an amount, as determined by the City, necessary to insure
completion of raLl Improvements which are to be dedicated to tho
J 1 public; said 1'rsprnvements being more particularly described in
that certain development contract dated the 22 day of
JA-Mill - 19 go between 'the -City 1- OwneY - aad "Owner's
Contr•rctor, to diicii reference is made herein.
2 Notice cff Deposit. No building permits shall be issued
by CtM for tter property herein described until escrow Agent
notif to City, tin writing, that cash money, in the amount
specifiW herein-1, has been deposited in an escrow account with
Escrow Rent.
s'3. mlease a_l 4kinds. Escrow Agent shall not release any or
all of =tbe escrow(A funds until the City Engineer authorizes the
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Escrow A;fmt, in writing, to release such funds as provided for
herein as follows:
{a} aXl tne the escrowed funds when all Improvements are
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completed and approved. -in -accordance with
provisions of the development contract; the
determination of which shall be made by the City
Engineer whose judguent shall be binding on all
parties hereto.
(A) The City Engineer, may, 'but is sot required to,
authorize, periodically, tlht release of
specified) sums of.._tke escrawsd. -.funds - to - the!
OwnevzU," ...and aWjwthw4xptavMWntWW&,re "ted ~"`.•k
IN bn~
and apFmved-oz es,
so koa~~,-ee-:tt~e+-~ramtzing -fitsde-not-rel~e:cels~l ~sfe.
Buff ic&iant to C=piate the aonstructiov of the ,
remair•1ng Impravwwrts whi=h have not ;been, but
are wiequired, to ow complelled and accepted or
' approved by the, f0j. #
:3. Notices . Any notice tb be sont, or required to be neat
or g iLen under tthis agre-exert shall she sent to the address of
the 1-Axties he nto, as fo!M ts:
IIrY: City Enji3pieer
215Easi_MtK,inney
- - ----Dent _on, ~i, xes 76201.
C AWER: 53037 Oa,isl~r
Denkcn, Twas 7620.1
Z SROW AGENT: First Sladh Bank of Canton
P. 0. &-oc 1100
101 S. Iiio Dent(M. Texas 7CM
4. Rees. Uarar agrees V pay racy, and a 1111 fees or moats
charge7d by the Flvazow Agent- iiur connect:lm with Wils Agreemmnt.
S. M*nliabil.iri~ of - Esc:sSSi Agent. The Esorw Agent shall
have no aesponsilMkty exce*t for tho aafekeep•ipg and delivery
of the zwounts deoaited is taae Escrow, Account in accordance
with thin agreement The EscxoA Agent gAall. not be liable for
ainy act dam or omitted to be thine under this agreement or in
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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
ed
other garty with respect to the funds deposit in the Escrow
Accoarrt, the proper interpretation of this agreement, the duties _
of tite Escrow agent hereunder or the rights of the parties to
` this agreement,, the Escrow Agent shall not be required to act -z
a•nd shall not de held liable for refusal to act until the-_.-
y,4tmtion or dispute is settled, and the Escrow Agent has the.-
+ a.bwlute right at its discretion to do either or both of the
f•d1owing:
f (a) withlhcW and/or stop all further perform-see under.
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s this agreement until the Escrow Agent is satisfied,
by in oeipt of 'a written document in form and
subsitmce satisfactory to the Escrow Agent and
exectxrad' and binding upon all interested parties
heretno (who may include the subscribers) , that the
quest•iiont dispute, or disagreement tws been
resoles or
(b) file as suit in interpleader and obtain by final
yudgmeatit rendered by a coutL. _,f competent furis-
I dicticnnm on order binding all parties interested in
i the maaldur.
bi Success ors and Assigns. This agreement shall be-binding
upon the aucces sats and assigns of the parties hereto.
7. Venue. The parties hereto agree that if any legal . action
is necwery in connection with this agreement, exclusive venue
shall l[t in Denton County, Texas.
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IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent
have signed this instrusent this day of ,
19.
CITY OF DQON l
BY: 3J
t -Campbell !
. 'EMROW ACEN• -
h 3Y :
#ha Clearer
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Befo teae, the un?.'aligned autho-etWx on th*Bsday pers;mally appcewAd,
ti
Soot tC+ampbell kn rwn to me to be .e person +ilose name: subscribed to the
forefgdkg instri.a,edtand acknowL.e%pd to ae that he exzeated the tae 3
for i thepurposes isnd consideratiion therin ert%raased.
Gineol i+ier by ha' ' imd seal of aiEflce on 0.4114 the 22 4V5 of Jane;, 1990.
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_ tail, t?ablic in auud for the: Stat;e:.if. texas..,
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EA IUr.'7+ Sto"ER _
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"!:~.I v-tY PUBLIC
$7A7EQF T&tifAS
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?AGE 5
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Contract No.
cgmrs AND CONTRACTOR'S AFFIDAVIT OF
PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS
1
(This form may be used irn lieu of a payment bond on contr+cts #
of $50,000 or less as provided for in Chapt.Ilr art_. 3.07
(A) (4) (g) of Akl"rndix A of the code of ordinances.)
That, pul a^**,- r ?'d . °ions; of.that~cxrtsia--Developtaent-------~
Contract tataCed into an the day of - r
III 19, between designate there n
and rrefemm& to hereia as "Owner", r.
designat eli therein and. referred to herein is "Contractor",
and the CijkV of Dertzn, Texas; Owner a0d Contractor hereby--
submit fdhiw affidavi;it„ and a•tater under aath, the following:.
j That all contra<Wra, s,vbwntractort and other per-
sons wtto provideillabor Lnr furnksbad
conn.exttion with the corystnuction of the "Taipt Ne- -4W7.
ment as desigrrmted in la=id DevicelVment Contract,,~:
haver been paid i.n full aratt that t2ww are no c aiamsr
lienus, or encumknances e»dstinq aq.zit st .said imgirove- - 4
meet:,4, or the lard to wh:ift they a ma affixed.
I OWNER CON713!'i.'OR
I
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SU&&30iBED AND _iWORN TmBEFORE H&; this day of r°
19_x. by , _ as . t Owner.
NOT PUBLIC t =ATE OF TMUkS
SUBSCRIBBA AND SwRN TO .1 WORE tai this day of
19_0, by. as
Caact rac to r . .
$arARY p ouc, STATE OF TEXAS
Sf-S51.TXT
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L1JJ1
1■1■1■
PROJECT NO. U O~
CONTRACT NO.
THE STATE OF TEXAS S DEVELOPMENT CONTRACT
COUNTY OF DENTON S
Whereas, CAMPING WORLD INC.
j hereafter referred to as "Owner," whose business address is 650
r ,
THREE SPRINGS ROAD, BOWLING GREEN KY 42102
is the owner of real property located in the corporate limits
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, owner wishes to develop the property and such
j development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
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"City"; and
Whereas, as a condition to the beginning of construction of
r said development, a development contract is required to insure
that ail 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
Y [select applicable provision as follows)
Whereas, the Owner elects to construct the Improvements E
without contracting with another party as prime contractor, in
i
which case the provisions of this contract which refer to
j
"Owner" of "Contractor" shall mean the Owner as named above; or
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'..'..•^d+tat .i'...v~'r.M .J.: w....cJ'ul i .,Y
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f xxxxx I Whereas, the Owner elects to cake such Improvements
hereafter set forth by contracting with nBx roNslgleTrnN mMPANY
whose business address is
521 NORTH inrrr(;T, DENIM Tr 767tH hereafter
referred to as "Contractor"; and
whereas, Owner and Contractor recognize that the City has
j
an interest in insuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the
i '
City, become public property, are properly constructed in
accordance with the City's specifications and that payment is j
made therefor;
NITNESSETH
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 western Bills
Business Park
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:
i
(a) Specifications. To construct and install the E
f improvements in accordance with the procedures, specifications E
J
{ and standard contained in Division II and III of the City's
I
Standard Specifications for Public Works Construction, North
I Central Texas, as amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
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such Improvements, such specifications, 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
I City Engineer of his representative. The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the f
V ( r
interpretation of specifications.
' The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
with the specifications applicable thereto. Any work done or
materials used without suitable inspection by the City may be
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
f request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
i
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.
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(c) Insurance. To provide for insurance in accordance
with the insurance requirements applicable to contractors a
f provided for in Item 1.25 of Division I of the Standard
Specifications for Public Works Construction North Central
I Texas, as amended, the provisions of which are expressly
incorporated herein by reference; provided, however, for
purpose of this provision only, "Owner," as used therein, shall
k: mean the City of Denton. i
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(d) Means and Methods of Construction. That the means ,
and methods of construction shall be such as Contractor may
choose; subject, however, to the City's right to reject any
i
Improvements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be I
i dedicated to the public, the following security requirements
shall asp1y, 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 i
Improvements, as determined by the City
Engineer, shall be submitted guaranteeing
the full and faithful completion of the
PAGE 4
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improvements meeting the specifications of
the City, shall be in favor °the CitYp
shall be executed by surety E authorized to do business in the State of
l Texas; or,
(ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $so,ooo or less, as
determined by the City Engineer, cash money
in the amount necessary to complete the
Improvements, as determined by the City
Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow
agreement insuring completion of the
improve ents. ifor■tshall ption,edthe he City's agreement I
i (b) Ps went Bond' Assurance of Pa went. That prior to
F '
acceptance of the Improvements:
ment bond will be furnished in an
(i} amount not less than one hundred percent
(loo%) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying -labor and material for
the construction of the Improvements, hall
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 i $City ooEngir less, the
determined by 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 M above, owner and
Contractor agree and guarantee that any and ,
all debts due to any person, firm or
corporation having furnished labor, material
i 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
ep the Improvements, , a he Owner
and Contractor shall written
ti affidavit, in a fora provided by the City
j
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Engineer, stating that all bids, charges,
accounts or claims for labor performed and
material furnished in connection with the
construction of the Improvements have been
paid in full and that there are no unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
I, 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,
f materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
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liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
f
satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
i+ of the City, to insure payment of such claim, lien, charge or
encumbrance.
(e) Maintenance Bond. That prior to approval or
acceptance of the Improvements by the City, to furnish a
maintenance bond in form and substance acceptable to the City,
in the amount of ten percent (10;) of. the contract amount of
f the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that a,lPear
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. „t
(E}, Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees from all f
suits, actions or claims of any character, name and description
brought for or on account of any injuries or damages received a
f
as sustained by any person, persons or property on account of j
the operations of the Contractor, his agents, employees or !
subcontractors; or on account of any negligent act of fault of
ti
PAGE 7
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the Contractor, his agents, employees or subcontractors in
.,.r.
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. r
s 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,
the City $3,000.00 as
} and that upon violation thereof will pay
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.
A (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 on proper completion of the
of Cit y That, up
f
Improvements in accordance with this agreement, the City agrees
PAGE 3
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improvements. agree that
to accept the Venue and Governin Law. The parties herein Texas, and
this cont::act shall be enforceable in Denton County, exclusive
I ~ in connection therewith, if legal action is necessary rovisions
~ Texas. The [eras and p
venue shall Sie in Denton County,
of this contract shall be construed in accordance with the laws
and court decisions of the state of Texas.
ccessor and Assi ns. This contract shall be binding
6' Su ties hereto, their
upon and inure to the benefit of the par
respective successors and assigns.
day of
Executed in triplicate this,,~_
CONTRACTOR
OWNER
BY
BY:
CITY OF DENTOit, TEXAS
BY.
{
ATTEST:
1
APPROVED AS TO LEGAL FORM:
~J DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: - `J
PAGE 9
ENGINEER'S ESTIMATE EXHIBIT "A"
Rctroplex Englncaring Consultants, Inc.
1123 fart North Drive, Denton, Texas 76205 18171 383-1416
Engineers and Surveyors
1
CLIENT CARPING WORLD JOB NO 6673H DATE 16 July 90
PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENTON* TX.
ITEM OUANT. UNIT UNIT COST
PRICE
LINE "A" - WATERLINE (PVC)
(CITY PARTICIPATION)
c 12-inch Watermain (48-inch over 450 LF S 2 8,212.567
~ o
vM► 8-inch Waterlain (48-inch Cover) 450 LF S 13.10 5,895,00
I w
0
6-inch Waterline 60-inch Cover) 55 LF S 12.50 S 687.50
12-inch Gate Yalve lI,J• 1 EA $850.00 $ 350.00
F
-3-inch Gat Valve, H.J. I EA $450.00 ; 450,00
6-inch Gate Valve, H.J. 2 EA $350.00 ; 700.00
12 x 12 x 8-inch Tee, M.J. I EA $270.00 $ 270.00
12 x 11 x 6-inch Tee, H.J. L EA $25D.00 ; 250.00
8 x 8 x 6-inch Tee M.J. 1 EA $225.00 $ 225.00
i E2- eh Plu and Bloek 1 EA 5100.00 S 100.00
5t-(6
-inch Cit Standard) 1 EA $785.00 78500
er Service Tap 2 EA $200.00 ; 400.00
2-inch Water Service Line 120 LF S 10.00 ; 10200.00
Pa e 1 Total ; 10,025.00
Pa e 2 Total $ 38 710.50
Pau 3 Total S 21700.00
Page 4 Total 16 266.50
-Palo 5 Total 111900.00
-Page 6 Total ; 18,230.00
« PA $e 7 Total 50,000.00
Pa e 8 Total 2 190.00
PROJECT TOTAL 1 0
Pape 1 01 8
ENGINEER'S ESTIMATE EXHIBIT "A"
Hetroplex Engineering Consultants, Inc.
1123 Fort Worth Drive, Denton, Texas 76205 16171 383-1416
Engineers and Surveyors
CLIENT CAMPING WORLD JOB NO. 6613H DATE 16 July 40
PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENTON, TX.
ITEM if QUANT. UNIT UNIT COST
PRICE
LINE "B" - WATERLIiE (PVC)
(WITHOUT CITY PAiT1CIPATION)
Connect to Existing Cit System 1 EA Lump Sum 1,500.00
1
_(8-inch Tapping Sleeve 6 Gate Valve
i 8-inch Watermain 48-inch Cover 2,080 LF ; 13.10 ; 27,248.00
8-inch Wateimain 54-inch Cover 400 LF 13.10 ; 5J40.00
6-inch Waterline (60-inch Cover) 55 LF 12.50 ; 687.50
8-inch Gate Valve M.J. 4 EA $450.00 ; 1,800.00
6-inch Gate Valve H.J. 1 EA 350.00 350.00
8 8-Inch Cross. M.J. 1 EA 300.00 ; 300.00
8-inch 45° Bend, M.J. 2 EA 1b0.00 320.00 I
8 x 6-inch Reducer, M.J. 1 EA 160.00 160.00
8-inch Plu and Block 2 EA 160.00 ; 320.00
Fire H drant (6-inch City Standard) 1 EA 00 785.00
j
' PAGE 2 TOTAL ; 38,110.50
Page--!_ of 8
s~
EXHIBIT "A"
ENGINEER'S ESTIMATE
Metroplex Engineering Consultants, inc. (817) 383-1 18
1123 fort Worth Drive, Denton, Texas 76205
Engineers and Surveyors
66131 16 July 90
CLIENT CAMPING WORLD JOB NO. DATE
1
! PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENTUN, TX.
r
UNIT COST
ITEM ~I QUANT. UNIT PRICE
LINE "C" - WATERLINE (PVC)
(WITHOUT CITY PARTICIPATION)
12-inch Watermain (48-inch ver 20 LF 18• 365. 0
12-inch Cate Valve, M.J. 1 EA $850.00 $ 850.00
6-inch Cate Valve M.J. 1 EA $350.00 $ jr.350.00
12 x 12 x 6-inch Tee H.J. 1 EA $250.00 $ 250.00
~ 12-inch Plug and Block EA $100.00 $ 100.00
Fire Hydrant (6-inch City Standard) 1 EA $785.00 $ 785.00
PAGE 3 TOTAL ; 2,100.00
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ENGINEER'S ESTIMATE EXHIBIT "A"
Netroplex Engineering Consultants, Inc. 1
1123 Fort !forth Drive, Denton, Texas 76205 (817) 383-1418
Engineers and Surveyors
CLIENT CAMPING WORLD JOB NO. 6673H DATE 16 July 90
PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENTJN, TX.
i ITEM QUANT. UNIT UNIT COST
, PAIC£
LINE "D" - SANITARY SEWER (PVC)
! CITY PARTICIPATION
41 ~ !
8-inch Sewer Pipe, 0-6 Feet Dee 0 LF 14.00 700.00
8-inch Sewer Pie 6-8 Feet Dee 100 LF 14.00 # 1,400.00
8-inch Sewer Pie 8-10 Feet Dee 180 LF ; 15.25 $ 12,745.00
i 8-inch Sewer Pipe, 10-12 Feet Dee 333 LF 15.50 5,161.50
10--inch Sewer Pipe, 10-12 Feet Dee 32 LF # 17.50 # 560.00
Manhole - City Standard (6 Feet Dee) 3 EA #850,00 # 29550.90
Extra Depth of Manholes 1.1 LF #150.00 # 10650.00
S-Inch S Stub-Qu t, Plug and Bloc 1 EA. 120.00 120.00
4-inch Service Wye (Tap) 1 EA , $160.00 # 160.00 '
4-inch Service Line 17 LF 10.00 # 170.00
0-1nch Connection to Lift Station 1 EA Lump Sum ; 300.00
r
f Trench
Safety 1 EA Lump Sum # 750.00
PAGE 4 TOTAL # 16,266.50
' f age of ~
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ENGINEER'S ESTIMATE EXHIBIT "A"
ketroplex Engineering Consultants, Inc.
1123 Fort North Drive, Denton, Texas 7;205 (8171 383-1416
Engineers and Surveyors
CLIENT CAMPING WORLD
JOB NO. 66738 DATE 16 July 40
PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENTON, TX.
PCE ITEM OUANT. UNIT R COST
LINE 'W' - SANITARY SEWER FORCE MAIN
RATER PIPE PVC
WITHOUT CITY PARTICIPATION)
6-inch Water Pie (48-inch Cover) 1 120 LF $ 10.00 $ 11,200.00
1 ,
6-inch 90' Bend M.J. 2 EA $150.00 $ 300.00
6 x 4-inch Reducer. M.J, 1 EA 550.00
4-inch Connection to Lift Station I EA Lump Sum ¢ 250.00 "
PAGE S TOTAL $ 11,900.00
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ENGINEER'S ESTIMATE
EXHIBIT "A"
Metroplex Engineering Consultants, Inc.
1 1123 Fort Worth Drive, Denton, Texas 76206 iD171 383-1116
Engineers and Surveyors
i
CLIENT CAMPING WORLD JOB NO.. bb73H DATE 16 July 90
.
i,Vwv I PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENT'ONr TX.
1
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! ITEM OUANT. UNIT UNIT COST
PRICE
i LINE SANITARY SEWER (PVC)
I WITHOUT CITY PARTICIPATION)
Connect to Existin Cit S stem 1 EA Lua um 300.00
- nch Stu into Exis in Ci MH
i
i 8-inch Sewer Fie '0-6 Feet Dee 240 LF # 12.00 2,880.00 ,
i' 1 • 1 I i
8-inch Sewer'Pi a 6-8 Feet Dee 600 LF ; 12.00 ; +7,200.00
8-inch Sewer Pi e, 8-10 Feet Dee `
00 LF # 12.50 # 30750.00
Manhole - City Standard 6 Feet Deep)
3 EA 850.00 # 21550.00
Extra De th of Manhole 3 LF #250.00 # 750.00
Trench Safet
1 EA Lum Sua~ 800.00
PACE 6 TOTAL ; !8,230.00
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ENGINEER'S ESTIMATE EXHIBIT "A"
Metroplax Engineering Consultants, Inc,
1123 Fort Worth Drive, Denton, loxes 76205
18171 393-1418
Engineers and Surveyors
•«r~. CLIENT CAMPING WORLD JOB NO. 6673H _ DATE 16 July 90
r ` PROJECT WESTERN HILLS BUSINESS PARK LOCATION DENTON, TX.
ITEM QUANT. UNIT PRICE COST
LIFT STATION - SANITARY SEWER
l CITY PARTICIPATION
I'
Furnish and Install'- Complete and 50 000.00
0 arable - Including all Electrical,
Mechanical Site Preparation
Security Fencing, etc,
y
PAGE 7 TOTAL $ 0,000.00
Page of 8
F
1
r ENGINEER'S ESTIMATE
Hetroplex Engineering Consultants, Inc. EXHIBIT "A"
I 1123 Fort Worth Drive, Denton, Texas 76205. 15171 363-1116
Engineers and Surveyors
I
CLIENT CAMPING WORLD JOB NO. 6673H DATE 16 July 90
PROJECT- WESTERN HILLS BUSINESS PARK LOCATION DENTON, TX.
r ITEM OUANT. UNIT UNIT COST
PRICE
CONCRETE SIDEWALK (CITY STANDARD)
WITHOUT CITY PARTICIPATION
4 Feet Wide Concrete Sidewalk 355 LF ; 6.00 2,190.04
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WGI,
G
International Fidelity Insurance Company .
34 COMMERCE STREET NEWARK, N. J. 07171
PUFORJMIIlICEp B~O~ND PREMIUM BASED ON
ApMMbyTMAmerkeelastitubofArtlat fsNAL CONTRACY PRICE
JIIA Docrrf+reEt No. A.311(Feb.1970 Edition)
BOND # 856903-90
KNOW All. MEN BY THEM PRESENTS:
T110 16R Construction Corrpanv, P O Box 828, Denton Texas 76202
(MME avert Ni my" end teams M two We of this Cerdrader)
International Fidelity Insurance Conpaay
to Prirttdpal, hereinafter called Contractor, and 24 Ccn Terce street, Newark! New Jersey 07102 as Swely,
(Here MW NO "M end Wdrou or 110 1410 W Sorely)
bKeWfttf called Surety, are held and firmly bound unto Carping World, Inc., 650 Three Springs Road,
(Here and full name MA W&M M rep( tle of Drell)
Bowline Green, Kentucky 42102
as 0b6gee, hereiluf(er called Owner, in the amount of one Hundred Sixty nx7isand, Nenty-Two and no/200--- `
Dollars (1160,022.00-----_~.
for the payment whereof Contractor and Surety bind themsehi their heirs, executors, administrators, successes and assigns, }o by and sever
ally, firmly by these presAnts.
WHEREAS, Contractor ha; by written agreement dated August 22, 1990
entered into a contract with Owner fa Streets, water and sewer lines, and drainage facilities at _ II
Western Hills Business Park, Denton, Texas
in accordance with dawfills and speafiatiais prepared by CiY_of Denton Engineer
(Hwt eri fee llama and addrns or legal this of Ar"od)
which cmVa:t is by reference made a part hereof, and is hereinafter referred to as the Contract.
MOO. THEnfFOtE, THE CONDITION OF THIS Oa1.IfETION is suc)i".if Wrldwshaapomolyandreilhfuerae socos+rdardre0.lAUnrneblil+la
shag be oak sad void; othersna 4 doll row in in full fora era Wed.
The Su+xy Mroby waira notes of Eny shererW w 41114 n at tnrr made by the Dwner.
wtwne. es CxtndM SIuE De Mid dec4red by D.rner is Der derma under the Conlrsc~ the Owner haven r ~erlamed Owdefe oolgatroas IAMMrdet, W Sutels nits
p oinptly semody tae dawn, or shelf prani
1
1) C"W a tM Cantred in emordarKe yr th As Ierms and WdAions Of
17 OMM a Ind w bids for tar" inn Ole Coated in aooardana wo Is terms and conbtrons, and upon detvR"stloe h SMSty 0 too bred mpari biddn. di '
0 tau Donn tied% open ddernrndraa b IM Over and the Sordy ioinity of the lowest respoa:lble adder, uran je tore caelu betrsee such biddM sad Diller, and r+eba
era belble as work proamses (erea Show then skewed be a Wei or a surmsan d defaults eider the cadrsd w untrsds of cas>,lst oa erranaad wider this pMSereNl !
satlideEl kinds to Day f» cod of mmp4lien Ins the balam of tM contrad price; but ad to 04riR .00Anp other costs sod #SVAW for WW 1M serdy msy are islM
heraiiii eke am" sd Wh is tM first pnaauph urea. TM firm'beas" of toe collared Once." as rasa! is M pi sholl mw the low enrenr) payable h
toner to feetndor vi rare Contrxt and any asrandmenta therdo, en the srrii properly pi by Dow In Cordrodar.
Ally sit wi Ibis bond word be instituted before the Ngntion oI two (T) ran Irwin the daft on snrth final panned wider Via MArad falls doe.
V He right of sdao shall some oa this bond to at fw IAs use of tray person M corporation dhw than the Door aimed wain or the Reim eu vtEn, eddrshdon of
fYattssers MOsnM. ,
Signed and sated this- 8th- _ __day ol_ Septe fiber -----A. D. 19 90
DBR Construct' Company (Bern
I - + th 6
1 (wen ) (Tiik)
International Fidelity Insurance C an' (Sat)
(Sur yl
EL Ut
~/l yyj ~a -Y Eli t
u(wanessy Cheryl L. y e'er)
Attorney-inct
L VI ~IY 4!.y. f:yhYj~rY'!4 i.. . r f)w:'.i.-.- i.n..... i 'i . ..i• .~1., rdyy ~,\ilr~'~WM".'~
I A
TEXAS LAW REQUIRES US TO ADVISE YOU OF THE FOLLOWING... j
'COMPLAINT NOTICE: Should any dispute arise about your premiun or about a claim
you have filed, contact the agent or write to the company tt:at issued the policy,
bond or certificate. If the problem is not resolved, you may also write the State I ,
Board of Insuranoe,P.0. Box 149091, Austin, Texas 78714-9U91, (522)-475-1771. This
notics of complaint procedure is for informtion only and does not become a part or
condition of this policy,bond or certificate.'
,
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The Texas Property and Casualty Insurance Guaranty Act, tArticle 21, ctsC,
exempts fidelity and surety bonds from the Act. Thus,
must have the Disclosure of Guaranty Fund Nonparticipation Notice
attached.
f { This regulation is effective immediately and applies to all contracts
issued after January 1, 1990. The exact wording of the Notice is as
followse
Disclosure of Guaranty Fund Nonparticipation f
i
In the event the insurer is unable to fulfill its contractual
obligation under this policy or contract or application or certificate
or evidence of coverage, the policyholder or certificateholder is not
protected by an insurance guaranty fund or other solvency protection
i, arrangement. f
i
n I
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International Fidelity Insurance Company
to COMMERCE STREET NEWARK, N.J.0370 BAND R 956903-90
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects BOND PREMIUM BASED ON
AJA Document No. A•311(Feb.1970 Edition) FINAL CONTRACT PRICE
Noe: This and is imed simulfaaeousfy with arw(W pond is lava ell IN owner wd-lkrad W the full sad radhh,l perfawkancs of IN dotrad
l KNOW ALL MEN BY THESE PRESENTS:
That DBR Construction Cl P.O. Box 828, Denton, Texas 76202
(Here Insort ton Rune sad adds: v ISO titb d Contractor)
International Fidelity Insurance Carpany
i
as Principal, hcrdnaftdr lofted Principal, end 24 Cam>erce Street, Newark, New Jersey 07102 as Surely,
(Here [mad rut Rome and adds: a legal We of Sxety)
hereinafter called Surety, are held and firmly bound unto Camping World, Inc., 650 Three Springs Road,
(Kee inurl full name and addras or bgt We of Omer)
Bowling Green Kentucky 42102
is Obfiget, hereinafter ailed Owner, for the use and benefit of claimants as hereinbetav defined, in the amount of One Hundred
,
Sixty T"nousand Twenty-Tuv and rho/lOQ------------------ Dollars (i160,022.00
(Here Vart a more equal to t bah ono-ban of the oomrad price) <
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and suilins, jointly sod Mor-
I fUy, firmly by these presents,
WHEREAS. Principal has by written agreement dated August 22, 1990
entered into a contrail with O•rrm r ix Streets water and sewer lines, and drainage facilities at
Western Hills Business Park, Dentorai, Texas
In accordance with dnwirgs and specifications prepared by City of Denton Engineer
f
f (Hen iraert foe n+mt title and adorns of fall title d Al
which mtrard is by reference made a part hereof, and is hereinafter referred to is the ConLxi.
k§V, THEREi01E, THE CORCITION Of THIS 011.1071011 a Mach lht It the Prinapal shell promply Make PalarbRl to all da roa As &s hot elikafter defined.
bf &A latmar hororvrU U i V raw ead6~ara~ for use N Ow perlormra 0 the Contra!, two W opkpt*n :half be void; otherwise rl"remain A full lace and
~ ,
} 1. AdEimodbM011n0aeh miadirk!loWndwi7hOePrindpstawIhsIkkbcaAradakthePirKipStfor I&W,material, abola,asodareosmabtyrequired
b tall In tM perrormaoa d the brava l oar and material being construed to include that pal d water, PS, power, k#d. Nat o L gaso6w lskphw4:err a or total OF
OW *VW oinAly epocable 10 tM Coat'ad.
L The atwva named P rkkdpel end Sorely Nrby ldirrti M nd serersllr sgm with the Jwatr that every e4imant as perch doWd. who Ms gal ban paid q fee befog lbw
pyirotbn d e pxi d el sirkdl (90) days rRa Ow dale an w ' IM last of W daim"s work a Lal ar Man tone a perfarmd, a wwarials ware fsraishad ►y sack daimaot,
rot mod wM a sums a may a Ndly due daimant and hrn nnauba Owteoo. The
ter yj aoAt L-0 J liall hSr falvS paV kKbl Of 1101 c~aris a x m~ peasa of iR aH Mad
a. 114 Malt w adios shed be o ffim"d twil"r by nay diAmell:
e) theim dainK oNot Ours ego WvMg a *md cmUad wR% 114 P64yqo4, del havegives wrnkn ado to sn)r two al 241*n*Mag: TN Prutipt, the Owner,
FE or tN swdy tan UoIed, ■IDa awy (90) days diet UA domanl6dor portaved,the last of tM work a bps. a luraShed the last a the aktWWI for which said Stairs
7 b made, A" • with roOStaotiel eot"I Ow amood drmd and tN Rame of the party to WIS" the matsriob were kkmished, a far whom IM work or rslar Man dose or
wipe of Q od ics she! a served I; a , 69 0.e law by repslsred nail er Wt4d all paAap praprd, A se Mnbpe ddrnud 10111 P ' el, Owns er sorely.
rley~pbpe~ whom is lacAP4, to ff" nbwtgrFartd a>~e mod sal De umddi ly ofUI a sand In any meaner is Which bbl proem may be served is Ow state is wkdk W
P1i svcA
b) A Rn the o*rA w of ox (1) tar reboring the date on Mark it Prindpal cased work os said cwtrad, R gins onderslood, however, Nat it any hmllotiod em macho
Is thb and iS prol iVd by any bw t*w-00fise the mAnK*A Invent such iaalarioa sM) be deemed to a amea6e0 eo as to be equal to Ne WAimum period of imiltia
y pecstidad a mud law.
Il d)) OOwr the I is s 'ale touR M ramp Neal Jurbdidros N end kr IM aoonq a dher poltiosr eu pdiwaian ear tlke dale M which Ou p rojed, or qy pA lNreef, is sitoate4
1 aka Abe AwAd Stan %-w CmA is IN detrid is wlkidk tN proied, or any pa A thwel is A ded, a rid od ebewhect
4. TM amourd ,A this band Stall be All by ace la Mw a L* d any paprwst,Of is woe M god Dim hereuode, inclusive d the bt son? el
I
fa Ow a+noet ear nKA fee a pteseotsd wkber rid ep RA Ef s
I muhanke' fns whichmay d Rid d I1wrd sawtA 3rd imoravea4s ; wtAner ear not drm frond.
G Signed and seated this 28th fay of 5epteJrber A D. 19 90
CBR nonstrllction CorrpanY
' I
0 t-to i
(TA's)
Intel tional ide 't Ir,sur ($eto
7 " (WAWA) Cheryl L. Hurrt"y, Att rney-(T&) -act
International Fidelity Insurance Company
24 COMMERCE ETREET NEWARK, N. 1 07102
f
( Bond No. 856903-90
MAUiTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WE, 06R Construction Carpany, P.O. Box b28,
Denton, Texas 76202 as Principal,
f
and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of 24 Comae roe
Street, Newark, New Jersey, licensed to do business in the State of New Jersey and Texas ,
as Surety, are held and firmly bound unto the City of Denton
as Obligee, in the full and just sun of
One Thousand Six Hundred and 22/100------ Dolan lawful money of the United States of America
to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, "
their successors and assigns, Jointly and severally, firmly by these presents.
SIGNED, SEALED AND DATED THIS 28th day of Septerber, 1990.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Principal entered into a
contract with the Obligee for streets, water and sewer lines and drainage facilities at j
Western Hills Business Park, Denton, Texas k
AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and 1
workmanship in connection with said contract
NOW, THEREFORE, if the PrMpal shall make any repairs or replacements which may become necessary
during the period of one year from date of acceptance
because of defective materials or workmanship L-% connection with said
contract of which defectiveness the obligee shalt give the Principal and Surety written notice within (30) thirty
days after discovery thereof, then this obligation shall be void; otherwise it shall be in full force and effect.
All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12)
months after the expiration of the maintenance period provided for herein.
DBR Cg6structi
Witness
INTBRNATiONAL FWEUTY INSURANCE COMPANY
Witness Cheryl L. ey orney-in-Fa t
j '
1-83
wL.~y.mV ...~H )na:~wof.x~ t:a,. - _ 1 s`-•, . ,~:SZ'1Jt1 „r,1te•Y+srw
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L UAL RIDER
TO BE ATTACHCO to and form a part Of Perforrrence and Pa t
~s~tr '
Bond No. 856903-90 date
Of Irv o Dent^^ "°"aG -
as r nc pa , an _cam ia WQ11d 1~^ a^~-? ~ -
as gees, as o oils:
THE SURETY shall not be liable under this bond to the Obliggees or either to
of them, unless the said Obligees, or either of theca, shall Make pqWnt$
G the Principal or to the Surety in case it arranges for the completion of the
contract upon default of the Principalt strictly in accordance with the ter" !
of the said contract, as to payments, and shall perforM all the other
obligations to be performed under said contract at the time and in the Manner
therein set forth.
r ate to both obligees, for more
THE SURETY shall not be liable in agg e9
I than the penalty of the Bond, nor shall it be liable except for a single
payment for each single breach or default, At the Surety's election, any
payment due either Obligee ray be-made by its check issued jointly to both,
IN WITNESS WEREOF, MR Construction as r nc a
a nterna i i i y nsurance Pxr as ure y re ereun o a x ;
their signatures and seals this 28th day
of September
Acknowledged by:
DM Construction Cot
a
r nc
• goo
g ..Gr LCt's
(Name and Title) Nwe and Title)
International Fidelity Insu'_anoe ConpanY
(Co-Obligee) (Surety)
ay
u 494
(Name and Title) Cheryl F;. FftnpeY 1
1
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TEL. (201 62-07200 POWER' OF ATTORNEY
INTERNATIONAL FIDELITY INSURAJICE COMPANY
t. HOME OFFICE! Ij COMMERt E'STIIEET
NEWARK, NEW JERSEY07102 BOND NO. 856003-.99
KNOWALL MEN BY THESE PRESENTS: 7U INTERNATIONAL FIDELITY IINSURANCE COMPANY a roepota "ew e or$Lc&6d ad stir
I ea
under the Laws o(the Stak of New krsey, and haviai its peirectpsl office in the City o,Ncwut, New prey. doe{, ltercby mastituk and ADPdd
V.R. DAHIANO,rJR.,`BETTY J. DAMIANC, CHERYL L. HUH)HREY, SHANE ALLEN'HVAPHREY '
' PLANO; TEXAS 6:89
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otseivh;&46iop5i+.turylae&nahuetbesEdwhkhireormKbeeliowed regatceGotDermidedMls,r slatuse ruk,4 W►boe.bodtrrdoeotheiw9e.aadrLe
ettectidonorsachIotorttmeotfs)i!tpurn►aaxorthe4preitati`ebaM abtnd+oSUpogaleukdrlERAIATFOPL~ FII)ELITYIISSURANCECOMPANY.
si "w rmpip, w an takata and purposes, as i<the sr!me lad beta duly necnkd &zkd b&oowkd#4by its rep" dackd odkas st * prtireipd otl m y
TL&Pow+erorAtbrarytsesecrttd,sadmaybetxed{iedbiedmsybenw~ed txgwantb►edbyauthoreryorArricief Satbn) orQie -!`R~tidopaed
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~ , by the Board of Diiabp orINTERNATIONAL FIDE..
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lief President or tray Yece Pipident, Eierowe Yrx President Secretary orAtaistaat Secrdiiy+ Shan iti vt porky sod auAoeiq f
(t) To ippoia) Atiorneytin ba arld lax bt:thotitx ibeal n` ' 6a bciudf or the Cpmpaay, sad ittach the Seat of the CogiQsay ~ereb bonds cads
itodenaLiap, wat,K" or isdematy and otbri wadasJ tbry is the aatwe tbeseot and
(2) To rcmor, it any tire, bey mch Atbtaeyaa tab am mob the authority {ivn " ,
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catlat ied held ba t►e ith d:Y ar F . Ie of wsic¢ the rDtfowity h a tioe tstef&
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21931
PROJECT NO. ~{rQ1
CONTRACT N0. yf'a
THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
COUNTY OF DENTON S
i
Whereas, Clyde D Fisher, Inc. -
hereafter referred to as "Owner," whose business address is
2421 135W Denton, Texas 76205
} is the owner of real property located in the corporate limits ,
of the City of Denton, or its extraterritorial jurisdiction; and
't
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
"City"; and ,
Whereas, as a condition to the beginning of construction of ,
said development, a development contract is required to insure
R
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 f
f (select applicable provision as follows)
! ( whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
PAGE 1
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wool
X Whereas, the Owner elects to make such Improvements
hereafter set forth by contracting with Ca yW -
Ewing n=rar;on , whose business address is
p o 76R.-Denton. _ - Ta= M202 hereafter
ernc -
' 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;
WITHESSBTH
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
2421135W Denton Texas 76205
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
l.'Coyenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
improvements in accordance with the procedures, specifications
LJ and standard contained in Division II and III of the City's
Standard Specifications for Public Works Construction North
f Central Texas, as- amended, and all addendums thereto, and all
other regulations, ordinances or specifications applicable to
PAGE 2 '
such Improvements, such specifications, standards, regulations
and ordinances being expressly incorporated herein by reference
and being made a
part of the agreement as though written herein.
(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed
in a good and workmanlike canner and to the satisfaction of the
City Engineer of his representative, The City Engineer shall
decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the
i'
interpretation of specifications.
The Contractor shall furnish the City Engineer or
ij his,, representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
4 with the specifications applicable thereto. Any work done or
materials used without suitable inspection by the City may be
ordered removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so'directed, rejected, unauthor-
i:ed' 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
say 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.
PACE 3
11
(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
Texts, as amended, the
provision„ of which are expressly '
incorporated herein by reference; provided, however, for
purpose of this provision only, "Owner," Y, 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 I
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
t Improvements were constructed
s in 'accordance with City 1
specifications.
2. Mutual' Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds- Escrow A reement. That if
i
building permits are to be issued for the development prior to
{ completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements I
.i
shall apply, unless the development is a " 3
one lot development,"
as defined by City's Development Code:
r (i) a
than therm bond In
an amt not ess
tooucomplete lthe
Improvements, Engineer, sall s be determined submitted by the Cit
i the full and guaranteeing j
faithful complet,on of the
f
i PAGE 4
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Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
1 Texas; or,
1 (ii) if the cost of completing the Improvements,
at the time building permits are requested,
is in an amount of $SO,000 or less, as
C 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 an b escrow
escrow agent, pursuant completion of the
agreement insuring improvements. Without exception, the City's
escrow agreement form shall be used.
Payment Bond Assurance of Payment That prior to y
acceptance of the Improvements:
(i) a payment bond will be furnished in ai,i
amount not less than one hundred percent
(1001) of the approximate total cost of. the
nts -
contract cost of the Improveme,
of tall
Ing claithemants full sumplyain8P.rlabor pand material for
claimants
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 thr State n
Texas; or,
(ii) if the total contract amount of all
Improvements is $50,000 or less,
determined by the City Engineer, or the
Improvements, regardless of the contract
amount, are for a one lot development," as j
defined by City's Development Code, and a
payment bond has not been submitted in
accordance with (i) above, Owner and
4 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 id f the
and
Improvements shall be fully paid
satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and Contractor shall furnish written
in a form provided by the City
PAGE S
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Engineer, stating that all bids, charges,
accounts or claims for labor performed and
material furnished in connection with the
construction of the Improvements have been
paid in full and that there are no unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public.
That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full. `
I (c) Retainaae; Final Fanents. (This provision (c)
applies only where the Owner and Contractor are not he same.
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
retain ten percent of the total dollar amount of the contract
price until after final- approval or acceptance of the
improvements by the City. The Owner shall thereafter pay the
Contractor the retainage, only after Contractor has furnished
to the owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor,
Materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherwise
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, the Improvements
shall become the property of the City free and clear of all
i
.1
liens, claims, charges or encumbrances of any kind. If, after
acceptance of the Improvements, any claim, lien, charge or
encumbrance is made, or found to exist, against the
Improvements, or land dedicated to the City, to which they are
affixed, the Owner and Contractor shall upon notice by the City
promptly cause such claim lien, charge or encumbrance to be
satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
of the City, to insure payment of such claim, lien, charge or
;III encumbrance.
(e) Maintenance Bond. That prior to approval or
acceptance of the Improvements by the City, to furnish a
maintenance bond in form and substance acceptable to the City,
In the amount of ten percent (101) of..the contract amount of
the Improvements, insuring the repair and replacement of all
defects due to faulty material and workmanship that appear
within one year from the date of acceptance. The bond shall be
in' favor of the City and shall be executed by an approved
surety company authorized to do business in the State of Texas.
(f) Indemnification. To indemnify, defend and save
harmless, the City, its officers, agents and employees iron 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
i
the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
i
':+~6.L'~~.y.+.i.Xf:-.,_Jl3Y.i:..s►::.~. C.IL7t,:.~i.R:.'at.s»a~.n'~ ../tii..-...,..►.u.sw.. .ia...cr.n..,..~.
1,
the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
with costs, which may be obtained against the City growing out
of such injury or damage.
(g) Agreement Controlling. That the provision of this
c;
I
agreement shall control over any conflicting provision of any
i contract between the Owner and Contractor as to the
construction of the Improvements.
3. Occupancy, One Lot Developments. Owner further agrees ,
as follows:
(a) That Owner will not allow any purchasers, lessee,
or 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 z
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the Owner
f ss shall not be issued a Certificate of Occupancy for any building }I
1 constructed or located therein until all required public
improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAGE 8
to accept the Improvements.
S. Venue and Governing Lau. 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 s•'
of this contract shall be construed in accordance with the laws
and court decisions of the State of Texas.
6. Successor and Assigns. This contract shall be binding t
upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
Executed in triplicate this, 19 day of Januarl , 1990 .
OWNER CONTRACTOR
Clyde D. Fisher, inc. Calvert Paving Corporation
BY: BY:
i
CITY OF D£ TON, TEXAS
BY:
A
ATTEST:
IS ER,TLTERS, CITY SECRETM
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
f BY:
11 1
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PAGE 9
..a..r....:::r+..v:aar:..,.....r2::v.r.i±...... ..w.~.. r. ...,._v,~. .i n,., r....,,, s.~
Project No.
i Contract No.
OWNER'S AND CONTRAC'TOR'S AFFIDAVIT OF
PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS
(This form may be used in lieu of a payment bond on contracts =
of $50,000 or less as provided for in Chapt.Ii, art. 3.07
(A)(4)(g) of Appendix A of the Code of Ordinances.)
' i That, pursuant to the provisions of that certain Development
M` I Contract entered into on the day of ,
19 , between , designated therein
l and referred to herein as "Owner",
designated therein and referred to herein as "Contractor",
E and the City of Denton, Texas) Owner and Contractor hereby
submit this affidavit, and state, under oath, the following:
- That all contractors, subcontractors and other per-
sons who provided labor or furnished materials in
connection with the construction of the "Improve-
ments", as designated in said Development Contract,
f have been paid in full and that there are no claims,
liens, or encumbrances existing against said Improve-
ments, or the land to which they are affixed.
OWNER CONTRACTOR
SUBSCRIBED AND SWORN TO BEFORE ME this day of
19,_.... 0 by , as
Owner.
NOTARY PUBLIC, STATE OF TEXAS
SUBSCRIBED AND SWORN TO BEFORE ME this day of
19
Contractor. by ' as
i
NOTARY PUBLIC, STATE OF TEXAS
86-551.TXT
' w..<w.i.w.wrtL.u..~1.Y'./ww«r~a+....... r....,,_ : ti:d~.bn:'. ..a....... 1
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1IT
Millet of Denton
\
16.00 $ 8,480.00
530 IF
1} 8" In1C
500.00
Fach 500.00
2) 60 X8"x61 Tee
11 11000.00 $ 1,000.00
3) all Gate Valve 500.00
ncisting Tee 1 Each 500.00 $
4) Salvage
Sua 500.00 $ 500.00
5} Testing Yanp $ 3,150.00
1,800 SF 1.75
!y 6) Sidewalk
1 Each 250.00 $ 250.00
7) 8" X 6" Tee 750.00
50 Each 15.00 $
t;
8) 6" PVC
130.00
$15,'DOTAL
n. A Y
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may:
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............Nl K'. r°iria•.1-Y111.~+~MY/1Ci~
rl i~y,a1'..♦-r.. Y'. i•>:wfi i...4::♦.1.. \..n n. Mrs
•.r.o.>U:.1Vyti'.~fua.ts:,YarvXlYIM`'~YV
1
21931
PROJECT NO. 9 U;
CONTRACT NO. .4ZZ
THE STATE OF TEXAS S DEVELOPMENT CONTRACT
{ COUNTY OF DENTON S
Whereas,
' hereafter referred to as "Owner," whose business address is
y Gov ~3~~J Av r r.✓~o.✓ /P~ ,
14
is the owner of real property located in the corporate limits
a
V of the City of Denton, or its extraterritorial jurisdiction; and
is
Whereas, Owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as
i
f "City"; and i
Whereas, as a condition to the beginning of construction of
said development, a development contract is required to insure
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public, ''rk
hereafter referred to as "Improvements," are constructed in
accordance with the City's specifications, standards and
ordinances; and
[select applicable provision as follows] r'.
II Whereas, the Owner elects to construct the Improvements '
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
PAGE 1 !
w'+LSG+.~`v~.Z'ri ~K'~wf14•r`,.~{,~:.=~4, JS-C'+f `-'~~a K'. •.i;.y ;~r'.
4
Whereas, the Owner elects to make such Improvements
1 hereafter set forth by contracting with
r ,
whose business address is f
i hereafter
f
referred to as "Contractor"; and I It
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
j
made therefor;
WiTNESSETH
As to the Improvements to be dedicated to the public, as k..
specified in Exhibit A, attached hereto and incorporated by
t
reference, to be installed and constructed at S• h/ . ~~~rJry
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: y
(a) Specifications. To construct and install the 4 y
Improvements in accordance with the procedures, specifications
and standard contained in Division II and III of the City's
i
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addenduas thereto, and all
other regulations, ordinances or specifications applicable to I
E
PAGE 2
f~f
i
such Improvements, such specifications, standards, regulations
and ordinances being expressly incorporated herein by reference
t
and being made a part of the agreement as though written herein.
(b) Authority of City Engineer; Inspections, Tests and 5
Orders. That all work on the Improvements shall be performed
III} in a good and workmanlike manner and to the satisfaction of the
fi City Engineer of his representative. The City Engineer shall
i decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, and the r
interpretation of specifications.
/ The Contractor shall furnish the City Engineer or <
his representative with every reasonable facility for ascer-
taining wi7ether or not the work perormed was in accordance
with the specifications applicable thereto. Any work done or
materials used without suitable inspection by the City may be
- i
ordered-removed and replaced at Contractor's expense.
Upon failure of the Contractor to allow for
inspection, to test materials furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unauthor-
ized or condemned work or materials, or to follow any other
request or order of the City Engineer or his representative,
the City Engineer shall notify the Owner of such failure and
■ay 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
f PAGE 3 f
I~ f
1 +
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rq►/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
t
Texas, as amended, the provisions of which are expressly
t
incorporated herein by reference; provided, however, Ecr
;i
purpose of this provision only, "Owner," as used therein, shall
mean the City of Denton. ,
(d) Means and Methods of Construction. That the means
and methods of construction shall be such as Contractor may
choose; subject, however, to the City's right to reject any
Improvements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement. That if '
building permits are to be issued for the development prior to ,
} completion and acceptance of all improvements that are to be
dedicated to the public, the following security requirements i
shall apply, unless the development is a "one lot development,"
1
as defined by City's Development Code:
i
M a performance bond in an amount not less
than the amount necessary to complete the
Improvements, as determined by the City Enginee the full and11faithfulbm gg
completionraofe8the
the '
PAGE 4
1
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Improvements meeting the specifications of
the City, shall be in favor of the City, and
shall be executed by a surety company
authorized to do business in the State of
Texas; or,
(ii) If the cost of completing the Improvements,
at the time building permits are requested,
I is in an amount of $509000 or less, as
determined by the City Engineer, cash money
A count necessary to complete the
in the a
I i Improvements, as determined by the City
i Engineer, ■ay be deposited with an bank s
escrow agent, pursuant escrow
agreement insuring completion the City's
Without
exception, Improvements.
escrow agreement form shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
acceptance of the Improvements:
~y
a payment bond will be furnished in an
{i) amount not less than one hundred percent
total cost of the
(1001) of the approximate
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
be in favor of theCity,
surd shall be
executed by an approved
authorized to do business iu the State of j
Texas; or, i
00 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
I 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
j corporation having furnished labor, material
or both in the construction of the
improvements shall be fully paid and
j satisfied before acceptance of the
Improvements by the City and that prior to
acceptance of the Improvements, the Owner
and Contractor
affidavit, ina form shall provided furnish by the written
PAGE S
F's
i1
Engineer, stating that all bids, charges,
accounts or claims for labor perforaed and
material furnished in connection with the
construction of the Improvements have been
i # paid in full and that there are no unre-
1 leased recorded liens filed against the
improvements, or land to which they are
affixed, that are to be dedicated to the
public.
I ~
# That, upon the request of the City Engineer,
Owner of Contractor shall furnish a complete
` list of all subcontractors who perforaed
labor on or supplied material for, the
construction of the Improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
(c) Retainage; Final Payments. (This provision (c)
. applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall ;
retain ten percent of the total dollar amount of the contract
price until after final approval or acceptance of the
i
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
k;
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
r ~awe>,.....:.mil rldnn~ili'SZ. :1 •J:nP Sid!
1
M"i
y
kind. If, after
.,.a ltens, claims, charges or encumbrances of any charge or
any claim, liens
acceptance of the Improvements, to exist, against the
or found
a
encumbrance is made,
to which they are
Improvements, or land dedicated tc the City, the City
the Owner and Contractor shall upon notice by
affixed,
charge or encumbrance to be i~
promptly cause such claim lien, bond with the City in
satisfied and released or promptly post a
charge or encumbrance, in favor
the amount of such claim, liens lien, charge or ,
to insure payment of such claim,
of the City,
encumbrance. prior to approval or
That pr
(e) Maintenance Bond. to furnish a
the city,
acceptance of the Improvements by
maintenance bond in form and substance acceptable to the City,
amaunt of ten percent (1Ot) of the contract amount of
in the replacement of all
improvements, insuring the repair and the that appear
faulty material and workmanship j
defects due to
The bond shall be
within one year from the date of acceptance.
an approved
in favor of the City and shall be executed by
t
surety company authorized to do business in the State of Texas.
demniEication. To indemnify, defend and save
" (f) In
its officers, agents and employees from all
harmless, the City, name and description
suits, actions or claims of any c
any hainjuries or damages received
brought for or on account 3f
account of
persons or property on
'
' as sustained by any person, P ts, employees or
the operations of the Contractor, his agen
i subcontractors; or on account of any negligent act of fault of
i,
1
PAGE 7
}
the Contractor, his agents, employees or subcontractors in
r construction of the improvements; and shall pay any judgment,
i with costs, which may be obtained against the City growing out
of such injury or damage.
(g) Agreement Controlling. That the provision of this
a:
agreement shall control over any conflicting provision of any
contract between the Owner and Contractor as to the
construction of the Improvements. '
3. Occupancy; One Lot Developments. Owner further agrees
j' as follows:
l
4 (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 i
shall not be issued a Certificate of Occupancy for any building
~ t
constructed or located therein until all required publicsi
improvements have been completed and accepted in accordance
f
i
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAGE 8
to accept the improvements.
Venue and Governin Lau. 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 lams
and court decisions of the State of Texas.
6, Successor and Assigns. This contract shall be binding
the parties
and inure to the benefit of hereto, their
i
i k 3
respective successors and assigns. 19
k Executed in triplicate this, day of
X-1
CONTRACTOR C~
OWNER ,
A BY :
BY :
CITY OF DENTON, TEXAS
B
i
l
ATTEST:
-J { APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCK, CITY ATTORNEY
j
1 MA
BY:
PAGE 9
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R'1t
1233L
1 PROJECT NO.
CONTRACT NO.
THE STATE OF TEXAS 4
AGREEKENT IN
COUNTY OF DENTON g ESCRO
FOCE BOND LIEU
or PER
(Development Contract-Improvements
of $50,000 or LesL)
WHEREASDe hereafter
referred to as 'Owner", has undertaken to develop property
l within the City of Denton, Texas, or its extraterritorial
i
jurisdiction; and
G, WHEREAS, Owner has, pursuant to the ordinances of the City
of Denton, Texts, 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
i the specifications, standards and ordinances of ttu City; and
S 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
leas, in lieu of posting a performance bond, escrow cash money
with a bank as escrow agent in an amount not less than the
amount necessary to insure completion of said Improvements;
i
i
t
NOW, THEREFORE, OWNER, City and ;ii1%~
, hereafter called "Escrow Agent",
agree as follows:
1. Amount. Owner, as a condition to receiving building per-
mits for property located at 5 W 42VAI ro ✓ & 5 3 8r.()
shall deposit the
sum Of, 16~VIA-41 d.✓d vs
o
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 dedicared to the
public; said Improvements being more particularly described in
that certain development contract dated the J L day of
19 q12 , between the City, Owner and Wner's
i
tract , 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
F 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
t ~
f rll of the escrowed funds until the City Engineer authorises the
i
Escrow Agent, in writing, to release such funds as provided for
j herein as follows:
(a) the City Engineer shall autnorise the release
all the escrowed funds when all Improvements are
PAGE 2
1y 1 _
r
completed and approved in
provisions of
p accordance with
develo me
determination oftwhich shall betmade cob the ntract; City
Parties s Engineer hewhosretoe, judgment shall be binding on all
(b) The City Engineer, may, but is not required to,
authorise, periodically, the
PeciEted sums of the escrowed funds sae of
aer if, and as, the Improvements to the so pp roved or accepted by are completed City in stages,
la" remaining unds not released
sufficlon a° to the complete fthe coast are
ruction of the
a remaining radImprovements which have not been, but
approved (by ' the to be complated and accepted or
Cit ,
3, Notices. Any notice to be sent or
~ $ required to be sent
i
or given under this agreement shall be sent to the address of
the parties hereto, as follows:
F '
CITY: City Engineer
215 East McKinney
Denton, Texas 76201 +
r OWNER:
~ I
F # ESCROW AGENT: L ;
l i ~t 1 ~Uif ~p.~~ ~
4. Fps. Owner agrees to
Pay any and 411 fees or costs
charged by the Escrow Agent in connection with this Agreeaent.
3. Nonliabilit of Escrow ant.
h
The ave no responsibility excap P g t for the safeties io w Agent shall
• and delivery
of the amounts deposited in the Escrow Account in accordance
i with this agreement. The Escrow AZjnt shall any act done or omitted to be done under thisoagreementlo for
or in
PAGE 3
i
{ I
i
pa~r.~ i■■■/
connection 'with the amounts deposited in the Escrow Account
except as a result of the Escrow Agent's gross negligence or
willful aisconduct. 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
Accounts the proper interpretation of this agreenemt, the duties
` of the Escrow Agent hereunder or the rights of the parties to
` r this agreement, the Escrow Agent shall not be required to act
and shall not be hold 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:
S (a) withhold and/or stop all further performance under
this agreement until the Escrow Agent is satisfied,
by reipt of a written document in fora and E
' substecance 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 natter.
b. Successors and Assigns. This agreement shall be binding ~
f j
upon the successors and assigna of the parties hereto. ?
t
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.
PACE 4
i
c
IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent
hale signed this instrUMent this _,a1 day of ~tLN ,
19 SO. ~7`~
CITY OF DENTON OWNER
ESCROW AGENT
j I BY:t!
i
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4
PAGE S
j
d
POW No. of pop"
CALVERT PAVING PROPOSAL. AND
P. 0. Box 266 ACCEPTANCE
Denton. TX 76202
(81?) 387-Mi
! PROPOSAL SUINATTED TO PHONE DATE
f Keisoe Deml t Co. Inc. 387-3804 7/19/90
STREET JOB NAME
600 N. Bell Avenue Water & Sanitary Sewps Line Extensions
CITY. STATE AND ZIP CODE !01 LOCATION
Denton 'texas 76201 M 380 & Ma ll Rd.
ARCHITECT DATE Of PAWS 101 PHONE
Me lex Denton Texas
We hereby submit spocifkalbns and estimates for:
Installation of the following per plans & specs and in aooor+danoe with j >
City Specifications: S
r
440' water Line
400' Sewer Line.
2 Manholes
1 Fire Hydrant
Total $22,000.00
r
I I
We Propose hereby to furnish material end labor - complete in accotdonce with above specif cafrons. for the sum of:
1
*:411R:n1 111oE3sdnd and n0 100------ - dollars (1 22,000.00!R
l torment to be made are follows:
tk= letion and acceptance
M me4erial is p b be a ied. M woA to be cem in rohmo~
YAe awr s d^a to
ety" a+ prw
_ Any d o only dw,ulibm pa an w.itteinan dew,kt' rt fr above signatured J
0
0
Katiat+ im alvtrq stta trots rusts wA '&ill a+ eeecuted orders and signature C C -
became an echa chortle aver and above the est,inate. M 079w"nts cuntintlant Ev D +yprt
bon strikes, occidants ar delays beyond our cond. 0,*rar to corm fire. brnodo f1
and aMw rwe+sary insurance. own worsen are fully covered by WwAmen's Cot.. Note: !like pCal rnvy be 60
pen+W41 hmurance. withdrawn by w if not occepted within dogs.
` sw6factary and we hereby aaapred, You a,• author'~red
L01ACCOPI&WO Of PTOPOS3I .The Ober. prKel, tpe<AKS ore
to +Oec fwW. Payment wfN be nude M outlined above. Sitlnoture
Sgnature
PACC 103
l
Kelsoe Development Company
ACCOIMA E/CLOY ACCOUCt i8H101~•
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FIRST STATE BANK OF DENTON
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76207
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4UlMl WOfrTKW1MI AGAfSYE.MTrdAS[TR
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owl
PROTECT No.
CONTRACT NO. ~J
DEVELOPMENT CONTRACT
Whereas, Safety-Kleen Corp., hereinafter referred to as "owner,"
in and for the purpose of this Development Contract only, whose
business address is 777 Big Timber Road, Elgin, Illinois, 60123, is
the owner of real property located in the corporate limits of the City
of Denton, or its extraterritorial jurisdiction; and
Whereas, owner wishes to develop the property and such
development must be performed in accordance with the applicable
ordinances of the City of Denton, hereafter referred to as "City"; and
Whereas, as a condition to the beginning of construction of said
development, a Development Contract is required to insure that all
streets, water and sewer lines, drainage facilities and other
improvements which are to be dedicated to the public, hereafter
referred to as "Improvements," are constructed in accordance with the
a City's specifications, standards and ordinances; and
Whereas, the Owner elects to make such Improvements hereafter set
forth by contracting with Hill 6 Wilkinson, Inc., whose business
address is 11969 Plano Road, Suite 190, Dallas, Texas 75243, hereafter
referred to as "Contractor"; and
r
t Whereas, Owner and Contractor recognize that the City has an
interest in insuring that the Improvements subject to this Contract,
which are or will be, upon completion and acceptance by the City,
F 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 improvements to be constructed for
public use, as specified in Exhibit At attached hereto and
incorporated by reference, to be installed and constructed along the
w frontage of the Safety-Kleen site, 1722 Cooper Creek Road, Denton,
Texas, the Owner, Contractor and City, in consideration of their
mutual promises and covenants contained herein, agree as follows:
i
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Page 1
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M'i♦
i. Covenants of Contractor, Contractor agrees as follows:
(a) specifications._ To construct and install the
t improvements in accordance with: (i) the Hammett and
Nash engineering drawings submitted to and approved by
the City for the Improvements, on file with the City
engineer; (ii) the specifications identified as the
ownerts Cooper Creek Road Improvements attached hereto
as Exhibit B and made a part hereof; (iii) the
prccedures and specifications contained in Division II
and III of the City0s Standard Specifications for
Public Works Construction, North Central Texas, as
amended, (collectively "Standard Specifications") and
all addenda thereto, except for items 1.5 and 1.8; and
(iv) and all other regulations and ordinances or
M specifications applicable to such Improvements, such
specifications, standards, regulations and ordinances
being expressly incorporated herein by reference and
being made a part of the Contract as though written
j herein.
t (b) Authority of City Engineer; inspections, Tests and
~t~all work on the Improvements shall be performed in
Tha
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 j
specifications. '
} I
~ The Contractor shall furnish the City Engineer or his E!t
representative with every reasonable facility for
ascertaining whether or not the work performed was in
i accordance with the specifications applicable thereto.
Any work done or materials used without suitable
i 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, ~
I
remove or replace, if so directed, rejected,
i unauthorized or condemned work or materials, or to
follow any other request or order to the City Engineer i
or his representative, the City Engineer shall notify 1
the owner of such failure and may suspend inspections
of such work until such failure is remedied. If such t
failure is not remedied to the satisfaction of the City
Engineer, the City shall have no obligation under this
Contract to approve or accept the Improvements.
Nothing herein shall preclude the owner, or its
officers, employees, engineers, inspectors, or agents
from testing or inspecting the work to be performed
under this Contract.
Page 2
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3
~n
c) jnsu+^ance. To provide for insurance for the
(
benefit of the City ;n accordance with the insurancfor
requirements applicable to contractors as provided in item 1.26 of Division I of the Standard North
Specifications for Public works onst cti o # which are
central Texas, as amended, the provisions expressly incorporated herein by reference; provided,
however, for puipose of this sentence of this paragraph
(c) only, "Owner, as used therein, shall bean the City
of Denton. To provide insurance for the benefit of
safety-Kleen, Corp. in accordance with Exhibit C,
attached hereto and made a part hereof.
xna.+s and IiettLof r^^atructioti, That the means and
methods of construction shall be suchs Contractor
reject
(d)
choose; subject, however, to the city's
any improvements for which the means or method of
construction does not, in the judgment of the City
ns,were constructed
nts
I Engineer, assur4 that the Ioificatio
in accordance with City spe
+ Tenants o! Owner and r^.,tractor. owner and
s 2.
Contractor mutually agree as follows
In order to insure completion of
(a) performance Bon s.
a
,f the improvements, Contractor shall provide
performance bond in an amount not less than the amount
necessary to complete the Impvoements► as determined by }
the City Engineer, shall be submittedguaran the
full and faithful completion of the Improvements in shall be meeting the speci
ications by a surety
favor of the city, ,
company authorizerd to do business in the State of r
Texas.
(b) pavmen____ t =SL That prior to acceptance of the
improvements, a payment bond will be furnished by the
{ Contractor, in an amount not less than one hundred ~
4 percent (1001) of the contract co sroCectioniolrallments
I guaranteeing the full and props p
claimants supplying labor and material for the ll be in fa construction of thepbond ments shall beaexecuted byvan of
the City. The Payment
approved surety company authorized to do business in i
the State of Texas. I
Page 3
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(c) Retainaaes Final Payments, 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
e 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 by the City, the
improvements, except (i) one 15" RCP at approximately
'r 3/08 location on Hammet & Nash drawing sheet 2 of 7;
!f (ii) one 18" RCP at approximately 9/05 location on
Hammet & Nash drawing sheet 3 of 7 and (iii)
Improvement lccated on the east of ROW, shall become
j 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 or belonging to the
City to which they are affixed, the Contractor shall t
(on upon notice by the City promptly cause such claim, t
lien, charge or encumbrance to he satisfied and
released or promptly post a bond with the City in the
t amount of such claim, lien, charge or encumbranca, in
d 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, a maintenance bond
will be submitted by the Contractor, in fora and
substance acceptable I:o 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.
Page 4
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(fI ;nriniwnif cation. The Contractor shall indemnify,
defend and save harnless, the city, and owner, and
their 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 pe ► pe
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
judgement, with costs, which may be obtained against
the City growing out of such injury or damage.
(g) contract Controllina. That the provisions of this
contract shall control over any conflicting provision
of any agreement between the owner and Contractor as to
j the construction of the improvements.
3, g9.13„Anta of City. That, upon proper cozplstion of the
improvements in accordance with this ConFiItt,the1CityCP at
agrees to accept the Improvements, except o
approximately 3/08 location on Haaret 6 Lash drawing sheet 2
of 7; (ii) one 18" RCP at approximately 9/05 location on
Hammet i Nash drawing sheet 3 of 7 and (iii) improvement
located on the east of ROW.
4. Venue an"ayAYnina 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.
5, ~.~~..nesor and 7►saians. This Contract shall be binding upon
and inure to the benefit of the parties hereto, their
respective successors and assigns.
l
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Page 5
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Executed in triplicate this.3day of/--~ 1990 .
OWNER CONTRACTOR
' ~iWrv BY
BY: SAFE- RLEEN CORP. HILL Z WI INSON f
i
CITY OF No EXAS Y
t:
CI MANA
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i' BY :
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BY:
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Page 6 j.
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8xbibit H
SAFETY KLEEN - COOPER CREEK ROAD IMPROVEMENTS
SECTION 2000
ROAD IMPROVEMENTS
1.0 Overview
This project primarily involves paving 2 lanes of a future 4
lane divided highway along the frontage of the Safety-Kleen
site, 1722 Cooper Cr. Road, Denton TX. Associated with the
paving will be a storm sewer of maximum diameter of 33 inch
to drain this area. The storm sewer travels beyond the new
pavement requiring patching of existing pavement and
driveways and grading of a surface water ditch. The road
will be paid for by Safety-Kleen and become City of Denton
property for maintenance upon completion.
2.4 Specifications
All paving and sewer work shall meet the requirements of the
"Standard Specifications for the Public Works", latest
edition, as published by the North Texas Council of
4 Governments and addendum published by the city of Denton.
Copies of the above may be obtained from public sources.
3.0 Project Specifics
This section is intended to clarify the work covered on the j
drawings by Hammett and Hash, engineers for this project.
The drawing list is as follows:
Number Title Revision '
Date
i
24628 Sheet 1 Cooper Creek Road Construction Plans 1
1/22/90
• ! 24628 Sheet 2 Cooper Creek Road Plan & Profile 4 kz
9/27/90
24628 Sheet 3 Cooper Creek Road Plan & Profile 4
9/27/90
24628 Sheet 4 Storm Sewer Plan & Profile US 380 2
10/9/90
24628 Sheet 5 Typical Details Streets & Drainage 1
9/18/90
24628 Sheet 6 Inlet Details 0
1/22/90
24628 Sheet 7 Typical Details Water and Sewer 0
Road improvements 2000-1 j•.
,1
r.
On the north, the work begins at the north edge of the
railroad right-of-way on the far side of the plant from
Safety-Kleen. There shall be no curb and gutter in this
area. In plan view, the area to be rebuilt is the existing
pavement. However, the pavement is to be raised to
illustrated elevations and is to match existing rail and
Mingo Road elevations. Paving in this area is to be 2" of
asphalt.
Going further to the south, full half-width pavement begins
plus an addition width for a transition alignment. There is
no west curb (east curb of median) in this section. A new
concrete approach on the west side of Cooper Creek is
required because of elevation changes. The concrete
k approach into Safety-Kleen plant on the east must be redone.
Just south of this driveway, the storm sewer terminates and
i will be continued on-site under a separate contract. The
curb begins on the opposite side of the half-street. A
I second approach is required on the west and the curbing
terminates when its radius turns due west. This is similar
for the south side of this driveway. On the east side of
Cooper Creek, a transition is required for the existing Mary
Lee Road which will become Safety-Kleen's main entrance.
Just south of Mary Lee Road transition is a drop inlet to
the storm sewer. Curb and gutter continues on both sides
south of the transitions on both sides.
` The Copper Creek Road work continues on sheet 3. At the
point the road begins a 500 ft radius curve which will bring
the new roadway east of the existing roadway. A large drop
inlet for a future parking lot is required on Safety-Kleen
property and the storm sewer jumps to 24 inch south of this
point. Two matching driveways meet Cooper Creek at this
point. On the west, the driveway is permanent and on the
east a temporary driveway must be made to join the existing
driveway to the permanent pavement at the median strip
;E break. South of this point the median break ends and curb
t 3 and gutter on each side continues. A street inlet occurs
and the sewer jumps to 33 inch. One more concrete approach
occurs on both sides and then the paving continues beyond
the Safety-Kleen site.
An off-site transition is required being full pavement
section without curb or gutter. The new pavement ends but
patching will be required beyond this point where the 33
inch sewer continues to run under Cooper Creek Road. The
sewer then turns and does not run under pavement.
' Road Improvements 2000-2
i
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4.0 Bonds
The sewer is again illustrated on drawing sheet 4 as it
follows the (1S 380 right-of-way. Several driveway culverts ;
will have to be removed to install the sewer and later
1 replaced. The sewer turns and terminates at a 6 by 3
culvert which passes under US 380.
r END
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Road improvements 2000-3
' ti.i. t.M-MrrY u~... . .r .n. ...r_.... Jf.i..G'.i In ;t... Y. u..
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q, SZSIBIT C
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Insurance Requirersnernts for Contractors, Subcontractors
,Xhibit IC-1 and Suppliers VC-1)
pmxwurea
1. The service provider will be required to submit an acceptable Certificate
of Insurance prior to commencement of any wok The person contract-
Ing with the service provider will be responsible to review the certificate
for compliance with these minimum requlrernents. (See Exhibit IC-2 to
be used as your specimen.)
2. All Certificates must contain a 304ay cancellation clause.
attached
3. The ontract AcoPy of that certificate should remain with and be d be provided to the Risk
to the
Management Department
4. in all events, be sure that the contract originator's name is included on
ten I) so that it may be
the Certificate of Irssurance ( Sat *Attention:MIL
j directed to the proper putt' within
I S ovtel ge than hose outlined herein It will be dependent upon terms e
of the job or contract, or the risk Involvtdwith the work performed. `
Cove" Requlrwrsentsr
1. Comprehensive (Broad Form) General/Producu UabWty Insurance j
A. Minimum Limits: $2 million per occurrence j
B. Terns to be included on all policies: i
1. Broad Form Contractual Vab,llty
2. ProductsiCornpleted Operations
a. Safety-10een Corp. shall be named an Additional insured as respects y
1 i any and all work performed.
} C. Special Terms:
1. Suppliers for products to be resold or distributed: All policies shall
contain a Broad Form Vendor's Liability Endorsement In favor of
SafetyKleen.
2. Illinois Construction Contracts: "Contractor shall Indemnity and
defend SafetyKIeen for any and all actions brought undo the Illinois
Structural Wok Act'
2. Automobile Uabillty Insurance
A. Minimum Limits: $2 million per occurrence
k B. Safetylaetn Corp. shall be named ari Additional Insured.
C. Special Teens: Minimum limits for waste haulm will be fS million per
I occurrence and an MCS 90 will be required.
3. Worked Compensation and Employers' Liability
A. Minimum Liraits:5tatutoryt k Comperuuatfon-S1 million
per occurrence re Employers' Ubilty
B. All workees compenution policies shall contain a walvo of subroga-
tion in favor of SafetyKleers Corp. ble
4. Professional Liability (Errors and Omissions Insurance), (f applIp
Professional others liinsurance ability in a consulting capacity f l Safetyt
gineers o -10ten
Corp.
B. %iinimum limits of S 1 million pet occurrence are required.
E
EXHIBIT C
t
S. gnvlronmenW Impairment, if aPpUable
emedlation, wore haulln$ under
contractors involved >n r ground tank
removal, excavation, etc must have qua pollution tiabslStq
per
covuage with Umlts of $2 milHon
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Exhibit E
INDEMNIFICATION
and hold harmless 1
The Contractor agrees to indemnities and agents from and
Developer, its officers, directors, employ
against any and all losses, expenses, damages, demands and claims
out of the
based upon any injury, death or damage arising
Contractor's 1) acts or omissions, 2) breach of the Developrent
Contract or 3) failure to comply with applicable statutes, rules,
costs
ordinances
and connection
expenses n(including reasonable p attorneys' fees)aing
therewith.
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E01 CONTRACTORS (CONSTRUCTION) IC-2
MI MA Mrn0aPn1
x)f / XX / xx ~
~TMIt CtRrl/icAr~ u orR+~ Aa A wrruc a rrona Car .,a co~n~s 1
rR~CAROOtt P.Or AM 1110.
40 I1r6Nff Ua•o+P t~ Ct1trtMJ1Tt Mo6a1t T7/1t ,"AA
sxTV,o a urtx r+u carwa Af/OROtD tr t11t ra,uu ~uow
INSURA.YCE AGENCY'S COMPANIES AFFORDING COY[RA09
•+•s• ! NAttE b ADDRESS
A INSURER A
CON S INSUAEI E
.ww urrma C Inner C
CONTRACTOR'S NAMI b C_WWY.
ADDRESS (MUST BE SAME MME D O' INSURER D
AS ON YOUR CONTRACT) E ,
OOr/wr r00
htrioCl 'Mrv rm?r~ Amy S 00 ww ,i~► M so+e,r,a,~ u u'r` cc r TO op, r~ i~'~ oocwe~rt ~Mpw ro o w,«c~ss11 ,s
co.A X 0 f 40 ►V cta IUID o iAYCPrIP'7 C4! RI rt s M ,HAI.o ROB i iiw *vCN NY PAO CLA ~ ~ suf~larr ro ALL nK reRMS
orchs
1 • • . rtua rPlRr4 `buoy MOATW t ALL Uw" zmilum
Cal TYN M MII~MU POLICY WMW tart lmm*w ^r tart SUP cwm , 1
r■ awarwoAta.rt - yd- I _
Ot14114 uAaun POWCOA S401YOPf AQGMU ! - 't: 1.
A x c w"Pc.. a%tr K uatun PMtCPK~ t KOYQTrt ry PY{IY 2.0(,0 .
~L CVAwt woj~ OCCvA GLO000-00 xx/xx/xx 7[)C/xx/xx tAa ottv~~eltt c 2 JL'0.
:CJ< i or wa t CO,.r+PCroPrt PPaTi I Prt oAua um. w • w + l .C 00
XY,S BROAD' FOR.`S CONTRACTUAL 11 ,~,eutsstwir+wP.+P• _
wro ro trKt uawn
j r A 00
x WT AUTO AL000-000 xx /)M / xx xx/ xx / xx
i .u o+n.to.urot I` ~ I c i
te. eoasn carat f
tQQI►Y ,
+to wrct owl" t
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J wwc+wto wrot proper" y
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' CaPU4t WtMrY CAW"
OCCNAMMN
llOtM WtYA ~ { ~ 1 -
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DTM iwa,r urMRLr ~O~PP ' 17Pr4r0~
yCw ~CCCNT
I B `°w'oartwror WCOOO-00 lxx/xx/xx xx/xx/xx aswe-+ac•.wT
w
waonw u"W" t atut+-c c- n n:
C o'"t'EIL,OA CONTRACTORS POLLUTION LIAB .xx/xx/xx )Cx/xx/xx $11000 '
D PROFESSIONAL LIABILITY /PL000-00 IIxx/xx/roc xx/xz/xx $10000
aiewnron or orwrrbtA
SAFETY-RLEEi CORP SHALL BE NAMED AS ADDITIONAL INSURED AS RESPECTS ALL LIABILITY COVE.UGE
WORmLS COtarOSATION POLICIES SHALL CONTAIN A WAIVER OF SUBROGATION 14 FAVOR OF SAFETY-x=
Ci1R14CARssOLM
s1101xa ANY OF r'4 AWvt Ot SQMV rouC>tt M C" Ca"0'ItPCAt
SAFETY-RLEEN CORP. 3 ALL SUBSIDIARIES m"AAM4 DATI rO~. Tw COMPANY wxa INWYCA
YOUR ADDRESS 11AR».OArt wnrTf[~K +10fle~ f0 M Ct~ ruMED "0
WM >,o Cwar~ = ;
YOUR CITY LIM W PAau~E TO UAL SUCK mQT= VV" (Am: YOUR NAME) LA"rY OF AMY KNO LOON nh COMPAW, rtt AUM' OR Rp4E314r,mt
mmygm~ Moomsev arm
;LUST BE SIGNED,
1379L
,
Exhibit F
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PROJECT NO.
CONTRACT NO. j
CONTRACTOR'S PERFORMANCE BOND 1 ?r
THE STATE OF TEXAS 4
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
j That
l ,
of ,
Texas hereinafter called "Principal" and
a corpo-
ration organized under the-laws of the State of ,
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 safety-Kleea Corp., a Yiscoasfe corporation
hereinafter called "Developer",
in the penal sun of
aw u money o the United States, to be pal in e-Ron County,
Texas, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such tQatCf VMS, the
Principal entered into a certain contract with ev toper dated
as of the day of 19 (the "Contract"),
a copy of w is is attached hereto and mane a part hereof, for
construction of
to serve':-.`' °~`e-
the city
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NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform its duties, all of the undertakings,
covenants, terms, conditions and agreements of said Contract
during the original term thereof, and any extensions thereof
which may be
granted by the City and/or Developer with or
without notice to the Surety, and if he shall satisfy all claims j
and demands incurred under such Contract, and shall fully
indemnify and save harmless the City and the Developer from, all
costs and damages which each may suffer by reason of failure to
do so, and shall reimburse and repay the City and the Developer
all outlay and expense which the City or the Developer may incur
in making good any default, and shall promptly make payment to
all persons, firms, subconti2,.tors 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, i
{ otherwise to remain in full force and effect.
{
E
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lis in Denton County, Texas, and the said
Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the Contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect
its obligation on this bond, and it does hereby waive notice of
r 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
day of , 19
PRINCIPAL
BY:
SECRETARY PR N AL
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CONTRACTOR'S PERFORMANCE BOND/PAGE 2
{
A
A ress
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SURETY
BY:
ttorney- n- act „
A ress '
ress-
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NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR'TO DATE OF CONTRACT.
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CONTRACTOR'S PERFORIMANCE BOND/PAGE 3
.1-
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PROJECT NO.
- CONTRACT NO.
CONTRACTOR'S PAYMENT BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS:
•
f
That
{ of i
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Texas hereinafter called "Principal" and
a corpo-
ration organized under the laws of the State of ,
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 safety-Klee, corp., a Yiscoasta corporation
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
r
)
J lawful money of the United States, to be paid in Denton County,
Texas, for the payment of which sum well and truly to be wade,
we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITIO,`! OF THIS OBLIGATION is such th 46W4;L, the
Principal entered into a certain contract with/ eve open dated
as of the day of 19>9 (the "Contract"),
- 1
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a copy of which is attached hereto and made a part hereof, for
constructioK of
to serve
NON, THEREFORE, the condition of this obligation is
that, if the Principal such
shall promptly sake
claimants, as defined in Article 5160, Revised Civil m StatutesaOf
Texas and all claimants as that term is used in Article 5472d,
Revised Civil Statutes of Texas, as recodified in Chapter S3,
Subchapter I of the Texas Property Code su 1 in
materials In the prosecution of the work provided for alit said t
Contract, then this obligation shall be null and void, otherwise,
it shall remain in full force and effect.
This Bond is made and entered into solely for the protection
of all claimants supplying labor and material In the prosecution
/ of the work provided for in said Contract, and all such claimants
shall have a direct right of action under the bond as provided in
Article 5260 Revised Civil Statutes and Article 5472d, Revised
Civil Statutes, as recodified in Chapter S3, Subchapter I of the
Texas Property Code, as the case may be.
PROVIDED FURTHER, that if any legal action be filed upon
t this bond, venue shall lie in Denton County, Texas. The said
1 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 erforeunder or the
specifications accompanying the same shallrIndanyewise affect its
f obligation on this bond, and it does hereby waive notice of an
such .change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications,
2 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
trili-
cate, each one of which shall be deemed an original, this pthe
day of 19
PRINCIPAL j
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CONTRACTOR'S PAYMENT BOND/PAGE 2
BY:
' q ress
A A
A LOSS is
SURETY
1 I
x - BY. ttorncy- n- att
S
-SECRETARY ~SUREIY)
A LESS 'i.
1
'"III j. TY
A 1
q Less
F NOTE: POKER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
RUST NOT BE PRIOR TO DATE OF CONTRACT.
k
CONTRACTOR'S PAYMENT BOND/PAGE 3
Y+.
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0763L
Exhibit I
t
PROJECT NO.
CONTRACT NO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
1 ,
THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTS:
j
I COUNTY OF DENTON ~
That
C _ I
of County, Texas, hereinafter called Principal
and _
4y r'
a orporat on organized un er t F8 awe o the rate o
and authorized to do business in the State of Texas, here na ter
called "Surety", are held and firmly bound unto the City of
Denton, Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City"in the penal sum of
Dollars, w u money o the n to tates, the said sum being tea perent (10x) of the total amount of the hereinafter
men
tioned contract, for the payment of which sum well and truly to
be made we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally.
THE Coalition of this Obligation is such that:
i'kjrtaia contract with
the -*d Me 119T,~e+~►oi&~ 19 -i~
da e a o ~
s a copy of which is hereto attached and made a part
8.% i"teres
hereof, for the construction of:
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NOw, THEREFORE, if the Principal shall well, truly, and
' faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writingg by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials or labor; then this obligation shall r
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 it is further understood that the
obligation to mainre.ln said work shall continue throughout said
maintenance period, and the same shall not be changed,
diminished, or in any manner affected from any cause during said
time.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in tripli-
cats, each one of which shall be deemed an original, this the
day of 19
t
PRINCIPAL SURETY ~
f
BY: BY:
s . CONTRACTOR'S MAINTENANCE BOND-PACE TWO
4.~ . •n r,M'M r11r.~ 7~.•. ~ r.N'i u...... i. i . i/ n. r .,r. . n
i
r
MUST BE E; POWER Op ATTORNEY OF SpibTOF CONTRACTTTACHED• DATE OF BOND
DATE
NOT MUST NOT BE PRIOR TO
a:,t
ATTEST:
1
i
u
r'
,i .
E
I
I
'
MAINTENANCE BON -PAGE THREE
. _ i
CONTRACTOR'S 4
1
i3-/9L
Exhibit F
Bond NO. P1619663 ,
PROJECT NO.
CONTRACT NO. _
i
CONTRACTOR'S PERFORMANCE BOND
E THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS:
i COUNTY OF DENTON S
t That Hill 5 Wilkinson, lnc.
Suite 190 , _ Dallas
Of 11969 Plano Road, ,
Texas hereinafter called "Principal" and Planet 'Insurance company
f 350 North St. Paul, suite 1600, Dallas, Texas 15201-4205 a corpo-
of uiernneirt
ration organized under the-laws the State of he Ste of exas hereinafter
and authorized ~to doeb held ss infirmlytabound unto the City of
ar and
called Surety a Municipal Corporation in Denton County, Texas,
Denton, Texas,
hereinafter called "City", and safety-Kteen corp., + Yiscoeste torpor+ttoe
hereinafter called "Developer",
Two Hundred Eighty-Four Thousand Three Hundred Sixty-Two
in the penal sum of ----""e"-'a--- Baton J
County)
and no /100
tares, to P in be made,
law u 'money °t of which sum well and truly to
Texas, for the payment heirs, executors, administrators and
we bind ourselves, our firaly by these presents*
successors, jointly and severally,
4,IWMS the
1 THE CONDITION ~atoHaScertain T contract u with e, loper dated
Principal en 19 1 (the "Contract"),
as of the day of art hereof, for
a copy of wh c)t is attac a hereto and made a part
construction of im rorements t er r ek Road.
J
MlA~
~ i
NOW, THEREFORE, if the Principal shall well, truly and ?
faithfully perform its duties, all of the undertakings,
covenants, terms, conditions and agreements of said Contract
during the original term thereof, and any extensions thereof
which may be granted by the City and/or Developer with or
f without notice to the Surety, and if he shall satisfy all clai9s F
t and demands incurred under such Contract, and shall ful.y
indemnify and save harmless the City and the Developer from all
costs and damages which each may suffer by reason of failure to
do so, and shall reimburse and repay the City and the Developer
all outlay and expense which the City or the Developer may incur
in making good any default, and shall promptly make payment to
all persons, firms, subcontractors and corporations furnishing
materials for or performing labor in the prosecution o the work
provided for in such Contract, and any authorized extension or
modification thereof, then this obligation shall be void;
otherwise to remain in full force and effect. '
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Denton County; Texas;-and the said
Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the Contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect
its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to
i 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
22nd day of October , 19 90 .
PRINCIPAL
_Hill 6 Wilkinson, Inc.
" ~J S
BY. ~
i ETAR 11969 Plano Road, Suite 190
' Dallas, Texas 15243
kA ress
i
1
I CONTRACTOR'S PiRFORMANCE 80,14D/PAGE 2
-76 0
4ft-e- st
s
.
1 SURETY
Planet Insurance Comp an
BY:
SECRET LSURETYT
tto n y-i - ct
Curtis B._Rpberts
350 North St. Paul Suite 1600
Dallas, Texas 75201-4205
A ress
WI'ViOSS AS To 4Un7T-
P.O. Box 190466, Dallas, Texas 75219
A ress j
NOTE: POWER OF ATTORNEY OF SURETY %IUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR'TO DATE OF CONTRACT.
E
t
CONTRACTC.R'S PERFORMANCE BOND/PAGE 3
f
PLANT INBVRANC]~ CO~i2PANY
HEAD OFFICE, MADISON, WISCONSIN
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY.* corporation duly organized under Of Iaw~ s of the State
of Waconsin, don hereby make,corutitute and appoint Curtis B. Roberts aid Cheryl A. BroMski, indiviC hilly,
of Dallas, Texas
its true and lawful Allornrytin-Fact, to make, execute. tat and deliver tot and o l% in behalf, and as in act and deed any and all bonds
and undertakings of Suretyship,
_J--
and to bind the PLANET INSURANCE COMPANY thereby as fully and to the wrto extent as if arch bonds and undertakings and other wriiirip
obligatory in the nature thereof were Signed by an Executive Otfrar of the PLANET INSURANCE COWANY and saaled and attested by one other of
much offie,rs, and hereby ratili sand confirms all that in said Attornrybl+n•Fact may do in pursuance harem.
This Power of Attorney is granted under and by authority of Article VI I of the BY-LaM of PLANET INSURANCE COMPANY which became
effective September 21, 1981, which provisions are now in full fora and effect, nading a follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
s
1. The Board of Director, the President, the Chairman of the Board, any Senior Via President, any Vice Pretidant or AnJstant Vice President
} or other officer designated by the Board of Directors shell funs power and authority to fat appoint Attocnrya-Uv-Fact and to suthotiza them to axecuto '
! on behalf of the Comwv, bonds and undertakings, recogniranas, contracts of indemnity and other writings obligatory in the nature thereof, and
rb1 to remove any such Attorneytin-Fact at any time and revoke the poorer and authority given to him, 2. Attorneys-in-Fact shell Rave power and authority, subject to the
trms and limitatans of the vowel of »tornay inu:d to them, to execute aM
!I deliver on behalf of the Company, bonds and undertakings, recogniuricn, contracts of indemnity and other writings nbfigatory in the nature Ow*of•
The corporate seat is not necessary (or the validity of any bonds and undertakings, rstognizanas, contracts of irvdomnhy and other writings obl'patory
4 in the nature thereof.
7. Anornrys•in-Fact dull have power and authority to execute affidavits required to be anadhed to bonds, raoognizMCes, tx>ntrarn of indemnity y
or other conditional or obligatory undertakings and they shall also have power and audwity to anity the fimw4ial statement of da Company and to lrr
ff copies of the By-Lem of the Company or any wtiele w action th~n
I This power of sttwney Is signed and seated by faaimils under and b-e authority of the foltowinq Fiesorution adopted by the Boa. d of Direvon of
PLANET INSURANCE COMPANY at a nesting had on the 29th city or': zrch, 1982, at which a quorum was present, and aid Resohrtion has not been
amended or revealed:
j "Rnolved, that the signatures of such directors and officers en! the seat of the Company may be affixed to any such power of attorney
{ or any certifkao relating 0areto by focainle. std any w~h power of attorney or artifiun baring lush faaimife dgnaturn or factimim
seal shall be valid and binding upon the Company and any much power so executed and canified by fsaimile Ngneturn and fsesimila seal ,
shall be valid and binding upon the Company in the h,ture with respect to any bond or undertaking to which it I, , attached."
IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has carted these presents to be signed by its Vzce President and in corporate seat to '
be hereto affixed, this 12th day of Septerber 1989
cQr PLANET AkC P V
+ 41 1
e.
V' evident
STATE OF PeElneylvania sr
ii a UNTY Of »la&lphia w
1 on this 12th day of Seftember ,19 89 , personally ssivewed Raymond MacNeil
i' 10 me known to be the Vice-President of the PLANET INSURANCE COMPANY, and acknovit4doed that he executed and attested the foregoing
instrument and affixed theseal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Lem of said CompaM. and the Resohrtion,
set forth therein, ere still in full tors. W Comission Expire:
ebruary 1 Ig 93 Notary Public in and for State of Pennsylv%nia
F
Rnidl+oat Philadelphia Ray L. Lorah (0,
Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the )
v above and foregoing is a true and correct copy of a Power of executed by rid PLANET INSURANCE COMPANY, which is still in full fora
and effect.
IN WITNESS YMEREOF, I have hereunto set rm hand a t said Comveny this 22nd day of October 1990
isisiant Secretary
c
8DP-1431 1i82
,L ,
>M
I
~ p7
Exhibit H
Bond No. 1679663
PROJECT NO. I
CONTRACT NO.
1
r
CONTRACTOR'S PAYMENT BOND f
i
THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS. ~
COUNTY OF DENTON S
That gill & Wilkinson, Inc.
of 11969 Plano Road, Suite 190 , Dallas ,
Texas hereinafter called "Principal" and Planet Insurance Company
350 North St. Paul Suite 1600, Dallas, Texas 75201-4205 , a corpo-
ration organized under the laws of the State of Wisconsin ,
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 safaty-Klm Corp" a wismsim corporatiom
hereinafter called "Developer",
and
or lperform persons, rfor the buildingiorsinpwho rovea may furnish
uhere-
inafter referred to in the penal sum of Two Hundred Eighty-Four
~
Thousand Three Hundred Sixty-Two and no/100-------------- 284i, .y362.D0
lawful money of the United States, to be paid in Denton County,
1 Texas, for the payment of which sum well and truly to be made,
1 we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally) firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such th C(A&the
Principal entered into a certain contract with eve oper dated
as of the day of (the "Contract"),
19-- , i
1■
71
a copy of which is attached hereto and made a part hereof, for
' eonstruetiori of fmnravements to Cooper Creek Ro
r
NOW, THEREFORE, the condition of this obligation is such
that, if the Principal shall
claimants, as defined in Article S150ptRevisede Civil m S atutesaof
Texas and all claimants as that tern is used in Article S472d, t
j Revised Civil Statutes of Texas, as recodified in Chapter 53,
I Subchapter I of the Texas Property Code, supplying labor said
materials in the prosecution of the work' p for in sanaid
itnshatracllt,rthemaeninthiinsfuloblligoatirceonandshaeffect11 be and void, otherwise,
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
k Article S260 Revised Civil Statutes and Article S472d, Revised
f 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 accompanying the same shall in any wise affect Its
j obligation on this bond, and it does hereby waive notice of
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
3. and/or D0.veloper and the Principal shall abridge the right of
any beneficiary hereunder, whose claim nay be unsatisfied.
IN WITNESS }THEREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
` 22nd day of October 19 190 .
i
i
PRINCIPAL
CONTRACTOR'S PAYMENT BOND/PAGE 2 i
,1
owl
i
i ~
BY: '
0', v ~ lee vz r
SEORETARYIPRINCIP&A
11969 Plano Road, Suite 190
Dallas, Texas 75243
' (Address)
A
l Zf>, ~~,~c rya ~k1J,i5 !-e-jr cgb 75~~~3
(Address)
i
SURETY
Planet Insurance Company
AW)
c 11141; z
BY: 4.
144 &J
4 tto n - a- act
Curtis B. Roberts
350 North St. Paul, Suite 1600
Dallas, Texas 75201-4205
kAddress)
P.O. Box 190466. Texas 75219
A ress _
x,
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
TRI
MUST NOT BE PRIOR TO DATE OF CONTRACT$
i
{
k
1
i
CONTRACTOR'S PAYMENT BOND/PAGE 3
i s
3PLAN3MT INBVRANC3EC COZ PANY
HEAD OFPKE, MADISON, WISCO"I'll 1
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY, a corporation Cl organized under the ~4wwyytf of the State
o1 Wisconsln, don hereby make, cotetitute end appoint Oirtis B. Roberts and Cheryl A. BroMski, irxliv=i lly r
of Dallas, Texas
its true and lawful Attorney-in-FM, to rake, execute, pal and deliver for and on its behalf, and p its M and dead any and all bonds
and undertakings of Suretyship, -
and to bind the PLANET INSURANCE COMPANY thereby es lulty and to the time extent as if knh bonds and undertakinlie"otMr writinpt
wig"" In the nature thereof wore signed by an Executive Officer of the PLANET INSURANCE COMPANY and seeted and attested by one other of such officers, and hereby ratifies
and confirms all that its sald Aiiwo y(sHA-Fact may do in pursuance hereof,
i
f
This Former of Attorney is granted under and by authority of Artit:H VII of the By-L+M of PLANET INSURANCE COMPANY which OeunrM
NiMiw September 21, $981, which wavkitx+s ere now in lull lava rrtd effect, reading as lolbve:
ARTICLE VII - EXECUTION Of BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senor Via President, any Vice President or Assistant Via hesiCarit
or other officer designated by the Board of Directors shell hew power and authority to (al appoint Attorneys-in-Fact end to audari a them to execute l
on behalf of the Company, bonds and undertskings, recogniranas, contracts of indemnity and other writings obligatory in the nature Oweof, and I
(bi to remove any such Attorney+n-FM at any Onto and revoke the power a d wthaily given to him. a
311 r
2. Atturneystin•Fsct than haw power sn6 authority, tubjM to the terms and limitations of the pwrer of attorney issued to them, to execute end
deliver on behalf of the Company, bonds and undertakings, recognirancn, contracts of indsmrtity and other writings obligatory in the nature thereat. ,
The corporate test knot necesaty for the velldltyof any bonds and undertakings, recogniranas, contraM of Indemnity and other writings obligatory
in the Mtvm thereof, 1
7. AttorrKYs•in-FM shall haw power and authority to exeaU affidavits requited to bs attached to bords, ncognitences, conti of Indemnity
or other conditional or obligatory vMartakings and they shall also haw power and authority to certify the financial Mtement of the COMWY and to
copies of the By-Laws of the Comwy or any article or section thereof.
This power of attorney is signed and w& W by facsimile under and by authority of the Wk wing Resolution adopted by the Board of Directors of
PLANET INSURANCE COMPANY at a meetirq held on the 29th day of March, 1982, at which a Quorum the pntfent, and said Resolution hn not been
` amended or repeated:
I "Resolved, that the signatures of tech directors and ofrksn"the seal of the ConW v my be effixed to"wch Powero1 attorney
orany certifiate noting thereto by facsimile, and any such power of istiorruY a catifiap Waving suoh rraimi4 sigatuns or facdrttde
seal thetf be wlid end binding upon theCompany and any such power so exenrtd and certfiedbY faeswnrM epnatutes and facsimie pal
"I W valid and b ndirq upon the Company in thefuture with respect to arty bond or undertaking to wwhidt it q attsdlid. "
its vi" President, and its corporate sal to
ou"d ad the
IN WITNESS WHEREOF, the PLANET INSURANCE COMPANYhn
r "j se Pmwts 89 s'911 by
be hereto affixed. IM 12th day of September 1989
fit.; PLANET ANC P Y
V esidont
t
r STATE OF Pem*ylvanfa r
COUNTY Of philsti elphia
On this 12th dry of Septettlbt?x .1989 .penoally.pq.red Raymond M1CNei1
to ear known to be the Vkrtresidern of the PLANET INSURANCE COMPANY, and acknowledged that he exacvted and mated the foregoing
Irxtrv~t and affixedthe poi d sell corporation thereto, ad the Artlda VII, Section 1, 2, end J of the By-laws o1 said Company, cod the Resolution,
set forth therein, are still in fun fora. ~lyy,~x a
:
`i hay Commission Expires
Feb ry j ,19 93 ` ' y l~~,r~~Notary Public in and for Snap of Pennsylvania
e'r• Rnaingat 'a
Ph>.lade1ptu
11 Ray L. tiorah , Assistent Secretary of the PLANET INSURANCE COMPANY, der hereby certify that the
above and fore9arp is a if" and oNtM copy of a Power of AUa(Lmry executed by Hid PLANET INSURANCE COMPAHY.whirk ie still in foil fora
end eHM, ry""'' rte.
IN WITNESS WHEREOF, I hew hereunto set my hands a s said Company this 22nd day of October 19 90
' ssittant Seuetary -
ODP-1131 1182
r
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Vic
Exhibit i
Bond No. P1679653
.~.a PROJECT NO.
CONTRACT NO. i
' i
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
i
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DE,4TON §
1 ~
That Hill & Wilkinson, Inc.
- . ` 11969 Plano Road, Suite 190, Dallas, Texas 75243
of Dallas County, Texas, hereinafter called Principal
and Planet Insurance Company
350 North St. Paul, Suite 1600, Dallas, Texas 75201-4205
a Corporation organized under the laws R the State of Wisconsin
and authorized to do business in the State of Texas, here as tar
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-Eight Thousand
i Four Hundred Thirty-Six and 201100---------------------- __u________) I
o_ ars, aw u money a the United States, the sa sm a ng
ten percent (10x) of the total amount of the hereinafter men-
tioned contract, for the payment of which sum well and truly to
be made we bind ourselves, our heirs, executors, administrators,
and successors, jointly and severally.
THE Condition of this Obligation is such that:
i t>,e +~t~ecr-'He Z$Lronst~da►rvoai~i~erlo~lfrcain coitgract with
1 r date
ff she-~+repe=---pa ee ~=•'c-the t y o O n
a copy of which is hereto attached and made a part
hereof, for the construction of:
Improvements to Cooper Creek Road,
f
I
j
r
Omni
NOW, TI3F UCI E, if the Principal shall well, truly, and
faithfully maintain and keep in good repair the wore = ontraacted
year from the
to be done and performed for a period of one (1)
date of acceptance in writing by the City of Denton and do all f
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the s
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of i
in labor; then full force and this effect. shall be
efvoid,,e othworks erwise materials to remain or
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.
,j 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
I shall have been exhausted, and it is further understood that the
j obligation to maintain said work shall continue throughout said '
maintenance period, and the same shall not be changed,
diminished, or in any manner affected from any cause during said
time.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WFIREOF, this instrument is executed in tripli-
cate, each one of which shall be deemed an original, this the
{ 22nd day of October , 19 90 j
1
S(FRM
- PRINCIPAL
F{i11 liilkinson, Inc Planet lnsur~ance Company
4 4A
II
9Y:
BY: A 9-1,- 1 Curtis B. Roberts
i
c
j
i
i
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND 1
MUST NOT BE PRIOR TO DATE OF CONTRACT.
I ~
ATTEST:
r
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It i
CON'TRACTOR'S MAINTENANCE BOND-PAGE THREE
A
PLANET INgVRANC~ COaafSPANY
HEAD OFFICE, MADISON, fyISCONSIN
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY, a corporation duly oryww.emd under the Iwyl of the State
OfWisconsin,doeeherebYmeke,conrthuteandavPaimt L-urtis B. Roberts and Cheryl A. BrocVAskl, indivitltually,
of Dallas, texas
in true and lawful Attorney-in•Fact, to make, execute, seal anddelim for and on its behalf, and a in act and daed any and all bonds
and undertakings of Suretyship,
and to bind the PLANET INSURANCE COMPANY VerabY a fully and to IN swm extent a if rich bonds and undertakings and othw vvitinps
obligatory in the nature thereof were o!V*d by an Executive Officer of the PLANET INSURANCE COMPANY and sated and ettnted by one other of
such officers, and hereby ratifies end Confirrm all that its said Attofnay{sHn-Fact may do in Punwna hereof,
This Power of Attorney is granted under and by authority, of Article VII of the BY-Lae of PLANET INSURANCE COMPANY which becartw
effective September 21, 1981, which provisions are now in full force and affect, riding as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
i
1. This Bard of Director, the Prdident, the Chairman of the Bard, any Senior V'Ke President, any Vice President a Assistant Vice President ~r
1 or other officer dedgnated by the Bowd of DireNon shell have power end authority to (a) 8090int Attorneys-In-Fact and to wthorita them to execute ~
1 : on behalf of the CompanY, bonds and undertakings, mopnftanas, contrgm of indemnity and other writings obligatory in the nature thwoof, and -
(b) to remove any rich Atiorneydn-Fact at any time and revoke the power and authority given to him.
2. Attom"t4ri-Fitt shall her" power and authority. Sunk" to the twma and limitations of the Pwnr of anornay issued to them, to exwuta and j
deliver on behalf of the Company, bonds and undertakings, recognisance, contracts of Indemnity, and othw writings Cbtitiatofy in the nature thereof, J
I The corporate seal is roc necessary for the validity of any bonds and vnderUkings, recopnitanca, contrecu 0 irdemnity and ottwr writilgs obligatary
in the nature thereof.
3. Attomevs-in-Fect "it have power and authority to execute affidavits required to be attechad to bonds, racopnirances. Contracts of IndermltY
or other conditional or obligatory undvtakinpa end they :dnatl also havs power and authority to certify the financial statement of the Como" and to
copies of the By-LWA of the Company or any article of section thwe01.
This power of attorney Is signed and waled by fealmile under and by authority of the SoMowing Resolution adopted by the Board of Oirectom of
PLANET INSURANCE COMPANY at a mm nE hold on the 29th day of Mwch, 1982, at which a quorum wa preunt, and said Raoh+tion has not ban
amended or repealed:
"Raofved, that the eiQnatura of such c trades and officers end the sal of the CotrWanY may IH affixed to wry such power of attorney
a any nrtificets Watingther►to by facsimile, and any such PC~ of attorney or artifxo to baring rich fmink'1e ilgrW urs of faaimite
will "I be valid and binding upon the Company and any rxh Down so executed ondc rtified by fecaimle ugnatura and facsimite seal
attached."
shell be valid and binding upon the company in the future with respect to arty bond or undertaking to which It Is
I IN WITNESS WHEREOF. the PLANET INSURANCE COMPANY ha tweed then praanu to be signed by its ViomPraidant, and its corporate sal to
t be hwato affixed, this 12th day of September 1989
PLANET ANC Y /
e V' esident
I a
STATE OF PEYYIAYlvdtlid +r
COUNTY OF Philadelphia
On this 12th day of Septe rtber . 19 89 lowlomaly appawed Ray oral MacNeil
{
to me known to be the Via.Prnident of the PLANET INSURANCE COMPANY, and acknowledged tfut ho eaewted and wtated the forol irp
instrunMnt and affixed the "all of said Corporate w, thereto, and that Article VII, Section 1, 2, and 3 of the By-lawn of said Co penv, and the Resolution,
1 set forth therein, we still In full fag,
r t;A A Cat
MY Comm ssion Expires: ~P•r t r
February 1 og 93 ' Notary Public in and for state of Pennsylvania
''+a• We Raiding at Philadelphia
I, Ray L. LOrah "Slant S+cntary of the PLANET INSURANCE COMPANY, do hersby certify that the
above and foregoing it a true and correct copy of a Power of executad by said PLANET INSURANCE COMPANY,whkh Is still in full fora
and effect,
n IN WITNESS WHEREOF, 1 have haraunto set my hand ' said Company this 22nd dury of October 1990
enant Secretary ~•~oteR
IDP•1431 1182
i
arena. CERTIFICATE OF INSURANCE
PRODUCER C 0 P T
THIS CERTIFICATE IS ISSUED AS A MATTER O
NO f INFORMATION ONLY M CON FEn
RIGHTS UPON 1HF CERT FICATE HOLDER. THIS CfRT1FICATE DOES NOT AMEND, j 1
MSfSA i McLomm, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLES BELOW
1300 San .IICInto Twer CODEI 100404-00 CERTIFICATE MASER 0003! - PA[YICED■
COMPANIES AFFORDING COVERAGE
2121 RM 11e1nt0 ftf pt
Dlltp, iN 75201 LETTER COMPAN
lCOOK SuI-CODI LeirlR A
ST, PAUL LLOYDS
ACCOUNT
wwAC EXECUTIVEI 11" 1ARAELI COA'PANY
LETTER B I
ST. PAUL FIRE i MARINE
MILL AND YILKINSOM, INC., ETAI CCMPAK
11969 PLA110 ROAD LITTER C
ST, ►AIA COMPAJIIES
SUITE 190 -
lEETTERNY D
DALLAS, Tit 75213
.NY
LETTER
COVERAGES
I
I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERM i
INDICATED, NOTWITHSTANDING ANY REOWAEMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS i
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE LEEN REDUCEO BY PAID CLAIMS.
TYM OF MSURAM CE POLKY NUW [A POLKY EPPICTTYI POIICY EXPIRATION
DATE WWDWM DATE tWAOWM AU LORDS IN I OENEAAL LLANLM pIpIllAxpe
\ GENERAL AOOAEOATE
rL 11 COMMERCIAL GENEMI LIABRItt ►RCOUCTSCOMP" AGORERIATI} I 2,000 .
. 'I A CLUM9 MADE 11 OCCUR TCPPb9lNX7194 PEASOP04 t AOYEATISINO ALAfRY ; s 2.000
01/98/40
OWNER '3 l CONTRACTORS PACT. 0!/OB/91 _..1,000
• EACH OCCURAENCE IE
FINE DAMADEVUq v4" T ._-1,000
__so .
r AUTOYOSIL.E LMNLITY ~~N• EXPEI~f' ON P«blll LI .5
x ANY AUTO S4G10~[ O
LOUT T
.1 ALL OWNED AUTOS 1,000_ +
BODILY
SCHEMUV B X KRI AIJTOS 69lN147194.1 1/08/90 01/Od/91 Autos (pw wow
N NONAN"NED Autos ~ S
.`r GARAGE UASIUTY -
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orHIR rHAN weaELU FORM SIO00
E S.~I
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WORX[A'I COMPERSATR)N STATUTORY
E AND WORI01793 01/0090 01108/91 S So (EACHACCOW.)
- IMPLOYEAS, UAILM I -
fDCIIAIE-►OUCY L/AIT1 ,
_ 300
- I So (DISEASE-EACB EMPLOYE t~ +
OrHEA I
I
0ESCALPTIO01 OF OPERATKINSAOCATTOIISNENICLISIRESTNCTIONLSPECW ITEMS . _ y._,.. -
SAFETT•KLEEN CORP. 9 ALL SUBSIDIARIES ANO TK CITY OF DENTON INCLUDED AS AIDDITIONAL INSURED.
WAIVER OF SUl*OGATICN 04 WORKERIS COIF. IN FAVOR OF SAFETY- KLEEN CORP. AND ME CITY OF DENTON.
Too
rATTENTIONt E HOLDER CANCELLATION
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE j I
1 Y OF D(N 1) A EXPIMTRON DATE THEREOF, THE ISSUING COMPANY WILL ENDZIVOR TO
f DAVID AYERS MAIL _SXAYS WRITTEN NOTICE TO THE CERTIFICATE MOL DER NAMED TO THE
MCKIWEY STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OSLKIATION OR
, FN 16201 LIABlITY OF ANY KIND UPON THE COMPANY, J73 AGENTS OR REPRESENTATIVES.
AUTOO ►R!>~Ai1VE/J
M ACORD GS•S 7881
CACORD CORPORATION loss
' CERTIFICATE OF INSURANCE
PRDOUCER 10/ 19t"
1i
r THIS CERTIFICATE LS ISSUED AS A HATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE VOIDER. THIS CERTIFICATE DOES NOT AMEND,
harsh i IklMrrwl, Inc, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
CODES IM04•M CERTIFICATE NUPON DOM "REVISED"
1300 San Jfernto rover
2121 Son j6clnto Street COMPANIES AFFORDING COVERAGE
cities, Tx 75201 COMPANY
LEITER A
' CODE SUFCOD[ $T. PAUL LLOYDS
000MT MCU11YEt RICK CARRELL COMPANY o LETTER B
ST. PAUL FIRE S MARIRE
WILL AND WILKINSON, INC., ErAL COMPANY C j
11969 PLANO AM LETTER ST. PAWL CMANIES
SUITE 190
DALLAS, TX 75243 LEORNY D
LETTER E j
' SETTER
l COVERAGES
` THIS IS TO CERTIFY THAT THE POLICIES OF INS
Ill URANCE LISTED BELOW HAVE BEEN K ITFI TO THE INSURED NAMED ABOVE FT THE PERIOD j
~ INDICATED, NOW ITHSTANDINO ANY REQUIREMENT, TERN OR CONdTgN Of ANY CG4??JiCT OR OTHER DOCUMENT VriN RESPECT TO i0 WH YYHICH THf3 l
CERTIFICATE MA" BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOfWf0 BY THE POLICIES DESCRIBED HEREIN TO, SUBJECT TO ALL T WE TERMS, i
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLARAS,
t r, CO TYM Of INSURAW-E POLICY NUlfUA DPA ICY EFF'pCt" Pp OCYIIEXPMApWr" ALL L11111281
I , GENERAL LLADIUTY GENERAL AOOREGATE 1 1
COMIERCIAL GENERAL LIABUTY PAOOUCTSCKWPOn AOGREGATE 1 21~
A CLAAAS MADE X OCCUR, ICPA641MR7194 01/oe/90 PERSONAL 1 ADYERTIS MA7 MIJURY S 2,000
a1/oi/91 1, on
OWNER'S 1 CONTPACTDRS PROT, EACH OCCURRENCE
E 1,000
FIRE DAMAGE V y w 4N 1 So
MEDICAL EXPENSE I/Uy ow pa-wq 1 r
AUTOIIOiRE LULbvTY COMBmo S
X ANY AUTO SINGLE 1
CD 1,OD0
I ALL OWNED AUTOS BODILY r`
B SCNEDVLED AUTOS 691NN7194.1 01/OQ/90 01/06/91 iPMx~p«syy t
i X "0 AUTOS bOcNLy
X NONOWNED AUTOS MUl RY t
GARAGE LABILITY PR P~ -
PROPERTY
DAMAGE 1
EECEIE LIAAn1TY EACH AGGREGATE
OCCUPA:ENCE
C X UIBWRELLA FM 691111IN7194.2 01/08/90 OT/0"I
5,OppE i 000
OTHER THAN U WtELLA FORM
: WORKER' E CONPE"A rm STATUTORY
B AMO WV0910t791 01/08/90 D1/08/91 4 So MACHACCIDEHTI
ENPLOYERE'LIASWY 1 SOD (OSEASE-POLICY LINT)
A (DISEASE--EACH E44.0YE
OT/tEA
I
f DESCOPTIOII OM OPERAT7011S&OCATIOPC"E MQIMSTRICT*ft%PECUL ITEMS
M"TY•KLEEN CORP. 8 ALL SUBSIDIARIES AND TKE CITY OF DENTON INCLUDED AS ADOITIONAL INSURED.
WAIVER OF SlAftUTION ON WORKER'S C". IN FAVOR OF SAFErY• KLEEN CORP. Ih0 THE CITY OF DENTON.
T>TE. DEA CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLErl BEFORE THE
THE CITY OF DENTON EXPIRATION DATE THEREOF, THE ISSWNG COMPANY WILL ENOFAVOR TO
ATTENTIONS DAVID 0f:S MAIL _VDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1I
215 E. IKKINNN:Y STRCET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL UPOSE NO OBLIGATION OR
DENTON, TX 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUFHOq ~TATIYE'~u
ACM 2S-S 3/88 ~IYJ/J{^"` - 7
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1~ '4, II GOVERNMENTS
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T FFOM STATION 1.00 TO STATION 14.22^5 ?
USE OF CONSTRUCTION SHALL BE
TRUCTIAY OF NEW ROADWAY, TAP FOR a SANITARY f , 030-
EO ED FOR S"WALK AT ALL w ° SLOPE TAP TO BE MADE BY CITY OF
' SHALL BE PERFORMED IN ACCORDANCE DEk*ON AT CONTRACTOR
SPECIFICATIONS FOR PUBLIC w Rx - EXPANSE, c
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7. ALL CONSTRUCTION SHALL BE PERFORMED PUBLIC
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WORKS AS
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8. ALL TAPS ON WATER AND SEM' MAC15 ARE MADE BY f
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RE EXISTING IllOP8TO STRj TED ON EXISTNG LL\~S I ; "i
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HOPI ~ONTAL INLET TYPE H 1
c STATE OEFARTMIM OF HIGHWAYS
` ARO PUBLIC TRANSPORTATION
S i
1 SLOPING INLET l•YPE ;
1 r Iltn,lr 1111.. 1 tali 1 •I. 1
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"4 HORIZONTAL
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CxO {7o7e CONSULTING ENGINEERS Er SUR
7 ?
tali? 3a7-0505 P.O. BOX 1552 TEXAS
`BY
1 ~ ~%~~1. ~'~li , l rl~•<Jr ' 11 IY ys -r } Irv 1 J t F ~~i~7"~ ^~~1,~~,'` 1 11
v !
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19~v7I~ I/2" ASPHALT E30AHD txYANaIVN -Lo
JOINT. (lF NEEDED) 5'R. RES0
k I0'R. COMM. o
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~tti V1 n
(WL S t
.4
CURD
' ya z fi
( a• CURB
BARS ON 15" CENTERS
R
` 6 X6 NO. 6 WIRE MESH f
~ TYPICAL REINFORCEMENT PLAN
I! " ASPHALT (TYPE D)
5 kESID
3 rM 10 COMM. CURB SECTION 4 " z ASPHALT )BASE
2 = 6"
STEEL CONC.
12" j 4I„ ASPHALT BASE (TYPE G)
(ALTERNATE NO.TI ONLY)
LIME STABILIZED SUBGRADE
STANDARD DRIVE
' Asphalt Alternate No.I II
f $r
NOTES:
S, SUBGRAOE FOR DRIVEWAYS SHALL HAVE 95% COMPACTION.
IVEWAYS CREATE L HAVE A TOOLED JOINT
FRONT OF THE CUT3ER TO THE
2. DRR THAN 12 FEET IN W107H SHAL
,
PERPENDICULAR TO THE CURB LINE FROM THE
BACK Of THE DRIVE, AT THE MIDPOINT. ORIYEWAYS WITH A WIDTH GREASER E e
THAN 24 FEET SHALL HAVE 2 OR MORE PERPENDICULAR TOOLED JOINTS PLACED ~Ixy~
1 AT THE DIRECTION OF THE ENGINEER.
PAST THE D HAVE r 3'
_ 3. DRIVEWAYS WHICH EXTEND RIVEWAY RADIUS SHALL
4. TRANSVERSE TOOLED JOINT AT RADIUS POINT AND OTHER POINTS WHERE
CONDITIONS RECUIRE.
I' MARG-SAM SUBDIVISION
tI. u \y 0
LOTS IA & I8 I
R$ CITY and COUNTY Of DENTON, TEXAS
1 N02 (8171 S66-6417 "ter. -wu
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PEETS and DRAINAGE JOB No 24628
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a. SPEVA,L CURa ;
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4 ?v
DOWN-GRADE_____
GRADE. DO NOT INCLUDE ?
- - - - - - - ' - - - - - SPECIAL CURB ma GUTTER
IN THE WING IN UNIT
PRICE BID FOR INLET.
7 - - - SPECIAL CURB
~ AND GUTTER
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for
3 BARS AT i 2` 2rll' 2i 4i INLET N.T.S.
- - -
3 BARS AT if 8r!- - + - 8 _ 2 6 INLET N.T.S.
' 4 BARS AT i!- 8" •
i0 ~2 8 INLET SNOwN
2 tOr INLET MrS
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` 5 BARS AT 1f-9!`
REINFORCING PLAN
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1
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SECTION C-C !
6
B-B
VARIABLE VARIABLE }
41 INLET-IORE00.-3'-3 °LONG {
ypN 61INLET-10 REQD.- 3'-3'1 LONG OAR p Na4 5 READ. BAR F, Na 4
.p 8'INLET-13 REQO.-3'-311 LONG 4' INLET
101INLET-16REQ0--3'-S'LONG _41781
6 5 11 'INLET to
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BAR A, No,4, STANDARD TYPE it 8 INLET
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I REQO; 41 J10° LONG '
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4' INLET-15 READ. 51- ell LONG
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E BAR C , No.4
1
DWN scalp
NONE UUQIIVUUVULS~~ W u"
oafs CONSULTING ENGINEERS &
CKD DENTON , TEXAS 76201
BY
1 `
owl
II ✓
M r___. ~I1~ 41' 1 • I 'Bor H No 4 QI ,
18 -c
IX3k".r3413 1 11 .1
Bars A- ~f2 R =
Bar C Bars {
?yL EMI.. i. ear o
--ILL 11
Bor G ~i 2'-4
l: Bois f at q. Bars D of Corners
-Bar E f
SECTION D-D r`
'1 G r
3 REQD. t rr
B 10 fl. INLETS
;MOWN rz 1
` 4' INLET- 3 REOD. r
6' INLET - 3 REGD.
8' INLET - 4 REQD.
t0' INLET - 6 REQD. 1 t'
' r
t '
` ~ p O ~ ~ o MNA?Cy - S!?/YI SL/E~D/1//SID~t/-1 TS /A /!3 ~
URV EYO F' ~ / T Y COZ1417"Y 4F- .7)EiU r0A1, TEXAS f ,
POD
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RAkULAF EMBEDMENT APPROVED VY ENGINEER UNDER EXISTING ANU
~.,1.•`,~ ..~!i: . PROPOSED AREAS TO
y~
?t BE PAVED.
GRANULAR EMI)COMENT y
. • APPROVED BY ENGINEER,
wolo
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7
iNLE'r DETAILS
ljoa m o4,747, I
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STANWO L
Ult
MORTAR WOR OR
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4..` a 1t. ! z7} ~ 1 ~ y. ~ Itf , f i
12" TO 27" PIPE 41.0- 1.0.
s STANDARD DROP CONNEC
2" MW.
P
-91 TYPICAL CAST IN
CONCRETE MANHOL
131
j:.
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PIPE SIZE
YARIES /
R¢4G v
LCd Pal R4
EQUr,L
lit
,`/CRO$S I
-.{,....VAIYf BOX /TEE
r
1"OUMILE IRON PIPE
uND15TUR8E0 EAR N i
*YPICAL SEWER
TYPICAL HORIZONTAL SLOCKIN
LINE INTERSECTION ON WATER LINE
I. • ,
pis CONCRETE TO SE SHAPED FOR
SMOOTH FLAW THROUGH MANHOLE NORIZONT/SL BLACKING TABLE
IlYO f[e 48•$[x0 rt' iltrl0 ny4',.•r: ,
i - nocK $p.$txa
Sr! x l 110T[ I
000-
u
/Nt iLOCK COKC. OLJGI COxC. ROCK PAY A
SIZE AmLA MY RLA /AY $.c ar. e.s C Y t A":: 3. ;
61. C T LI. 0.Y, t
1.0 O.OS !.0 AREA
!0r s
a• t0 O.CO t.a .00 p00 !.O Co*
0.
0•Ir !'S L8 0.0$' LO
0 7.0 O.tl 8.4 0.50
aJ 0.r0 13 0.17 L
0.0 0.315 4
10 0J O.N IIA IN 7l OIi !f4
$ ricr
i g• REDUCER It 0.t o.a4 1t.0 0.07
"Wo I+aarvAito $OIL.
D Mi. *orti: >0io~ i[E AWANYr tIILf~ LA ~Il► 4KI~i
DROP INLET NOT CONNECTED WILL BE PLUGGE
OUCTI[E IRON PLUG. raffe. OUAXTIT)ei $04" NaE SHIAeL'1[ A.
REf, . F ,
S, nOCKIxi All [Ai SA0[a 0* $00 Atl. TESr 1 I
WITH OROP G INLET CONNB.TEO. F IRST SECTION OF cov
$Or1 iti r-.
PIPE FROM TEF. TO UNDIST AAlA YAlvi.
~BEO soil 4.CAOS7 ilIrj' V SxaLL SE $ASEOYlO* 4tAi+E1T..
SHALL BE DUCT6.~ 1R04 PIPE. CRDiO. OLOCKI*0 $I{ALt to SYYIIETAICAI III $It +
IO"It 8 DUCTI LE IRON CROSS AMMAO CF010.
~
1,, '`•w C A
e DUCTILE IRON PIPE }
IS' II 19 '0DOr COmcpM ENCASEMENT
DUCTILE IRON BEND c
' f 1•,• ~ - iyi•'r
r
t N 6 EARS 2 12~,
Q FOR
3,000 P&L
ACE
MANHOLE CAST ENE PLBASE
y
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v 1
CE
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1
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4 p~AEAOk TETE
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r
" fife HYDRANT
AS $PtCliolto
CAAOe PA L N
'f ♦'~1 Ito OF* eXl[x SIOAr SARR[L ARO Y'
+ A.~•~`~.. z r4 /10 STEM 4rOR EXTRA WR► ~
A? CPA Pr WIV.
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r
' ►
70 MAIN IOVRED CONC. IMRVlT : I
1, 4/of SLOCX-IMOrECT
' ORAIM *MONO ~
Oex
Sir
A!. MO/S fLAMSED M.J. f
. 1 Tee OR ^AAMe Of •
rAY At J. OR IRLGAl7 Co.YC./LOCROR
'l Sr LAof-C . rLAWOE SRKN SASE SLAM 'ti ..a.
o, 0,01 FIRE HYDRANT DETAft
L! oar L£A0 L£NGTN GREATER MAN Z' +
Sj o.n ,
ar' 0.>a:
ao 0.1♦ rf ;,fir
10
O/OO r. 1.1.
f0ow ►l.I.
' bflirrreR or F '
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n p
ell
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'A I
nllYYI~ 'f •yr
'
~-►-u D E ;
r AN US ASU VALVE ,
BOX %ITH
LLER } NECESSARY
E XTENSM x`
~1. 360 OR
~Y r a I
1ALYE(MUELER
yet A•23W.20 CR
EQUAL)
{ f a a 4 4 r s t~.
W.RM
OCK
44
4 4 4 a l
4 . 4 • • • • tZ01,
WATER MAIN
PICAL VERTICAL VALVE SETTING
{
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~>71
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21831
PROJECT NO. ^i-u4
CONTRACT NO.
THE STATE OF TEXAS S DEVELOPMENT CONTRACT
COUNTY OF DENTON S
1
rr(( r WC
Whereas,
i hereafter referred to as "Owner," whose business address is
4. ~ bzo
is the owner of real property located in the corporate limits '
of the City of Denton, or its extraterritorial jurisdiction; and
Whereas, Owner wishes to develop the property and such
/ development must be performed in accordance with the applicable
I ordinances of the City of Denton, hereafter referred to as
"City". and
5 Whereas, as a condition to the beginning of construction of
said development, a development contract is required to Insure
that all streets, water and sewer lines, drainage facilities
and other improvements which are to be dedicated to the public,
hereafter referred to as "Improvements," are constructed in
accordance with the City's specifications, standards and
ordinances; and ' %
[select applicable provision as follows]
[ Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of this contract which refer to
"Owner" of "Contractor" shall mean the Owner as named above; or
PAGE 1 r
c
1
1
i
,1 J v Whereas, the Owner elects to make such Improvements
hereafter set nforth by contracting with
whose business address is
,
9n( D!;414 M, TY 7b2o2 , hereafter
referred to as "Contractor"; and
Whereas, Owner ,nd Contractor recognize that the City has
an interest in insuring that the Improvements subject to this
,
agreement, which will, upon completion and acceptance by the I,
' City, become public property, are properly constructed in i
accordance with the City's specifications and that payment is
made therefor;
i
WITNESSETH E 1
I
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at
Lo-fs I R 2R B lock A Lew %s "m k
the Owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Covenants of Contractor. Contractor agrees as follows:
(a) Specifications. To construct and install the
Improvements in accordance with the procedures, specifications
and standard contained in Division II and III of the City's
Standard Specifications for Public Works Construction, North
Central Texas, as amended, and all addendums thereto, and all
r
other regulations, ordinances or specifications applicable to
' PAGE 2
ti
t
i
4
such Improvements, such specifications, standards, regulations
and ordinances being expressly incorporated herein by reference
and being made a part of the agreement as though written herein.
(b) Authority of City Engineer; Inspections, Tests and
Orders. That all work on the Improvements shall be performed
in a good and workmanlike scanner and to the satisfaction of the
City Engineer of tits representative. The City Engineer shall
decide all questions which arise as to the quality and +
acceptability of materials furnished, work performed, and the ;
Interpretation of specifications.
The Contractor shall furnish the City Engineer or
his representative with every reasonable facility for ascer-
taining whether or not the work performed was in accordance
with the specifications applicable thereto. Any work cone or
materials used without suitable inspection by the City may W.a
ordered removed and replaced at Contractor's a%pense.
Upon failure of the Contractor to allow for
inspection, to test material, furnished, to satisfactorily
repair, remove or replace, if so directed, rejected, unautAor-
iced or condemned work or materials, or to follow any other 31
E; i
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.
1
PAGE 3
1p~YT~ilrt"~-f r',r 4t 4<4 f
t
a
Cc) Insurance. To provide for insurance in accordance
s .
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 emended, the provisions of which are expressly E,
incorporated herein by refer:nce; provided, however, for
purpose of this provision only, "Owner," as used therein, shall
mean the City of Denton.
'r
(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
kImprovements for which the means or method of construction does
not, in the judgment of the City Engineer, assure that the
Improvements were constructed in accordance with City
specifications.
2. Mutual Covenants of Owner and Contractor. Owner and
Contractor mutually agree as follows:
(a) Performance Bonds; Escrow Agreement, That if
building permits are to be issued for the development prior to
completion and acceptance of all improvements that are to be
i
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
PACE 4
i
t>•'~' i„]4~r8 ~tks'. h, . '1. 1 a , - '
4 1
E
t
r 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,
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 I
Engineer, may be deposited with a bank as
escrow agent, pursuant to an escrow
agreement insuring completion of the
Improvements. Without exception, the City's
escrow agreement form shall be used.
(b) Payment Bond; Assurance of Payment. That prior to
' acceptance of the Improvements:
(i) a payment bond will be furnished in an
amount not less than one hundred percent
(1001) of the approximate total cost of the
contract cost of the Improvements guarantee-
ing the full and proper protection of all
claimants supplying labor and material for
the construction of the Improvements, shall
be in favor of the City, and shall be
executed by an approved surety company
authorized to do business in the State of
Texas; or,
(11) If the total contract amount of all
Improvements is $50,000 or less, as
determined by the City Engineer, or the
Improvements, regardless of the contract s
{ 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 fora provided by the City
PAGE 5
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,
~ w~ s: ors • ,
i
Engineer, stating that all bids, charges,
accounts or claims for labor,, performed and
material furnished in connection with the
5 construction of the Improvements have been
paid in full and that there are no unre-
leased recorded liens filed against the
Improvements, or land to which they are
affixed, that are to be dedicated to the
public. ;
That, upon the request of the City Engineer,
Owr;er of Contractor shall furnish a complete
list of all subcontractors who performed
labor on, or supplied material for, the
construction of the improvements, and, when
requested, written statement from any or
each of such subcontractors or suppliers
that they have been paid in full.
(c) Retainage; Final Payments. (This provision (c)
' applies only where the Owner and Contractor are not he same
party.) That as security for the faithful completion of the
Improvements, Contractor and Owner agree that the Owner shall
retain ten percent of the total dollar amount of the contract
price until after final approval or acceptance of the
improvements by the City. The Owner shall thereafter pay the
i
Contractor the retainage, only after Contractor has furnished
to the owner satisfactory evidence that all indebtedness
connected with the work and all sums of money due for labor, {
materials, apparatus, fixtures or machinery furnished for and
used in the performance of the work have been paid or otherxise j
.i ,
satisfied.
(d) Encumbrances. That upon completion and approval
or acceptance of the Improvements of the City, tl:e Improvements
shall become the property of the City free and clear of all
.rt k13µ L t4'~Kr'4t
Fir
s
i
S
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iqW.." 1
liens, clalus, charges or encumbrances of any kind. If, after
' acceptance of the Improvements, any claim, lien, charge or
h 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
1 promptly cause such claim lien, charge or encumbrance to be
1F I satisfied and released or promptly post a bond with the City in
the amount of such claim, lien, charge or encumbrance, in favor
, of the City, to insure payment of such claim, lien, charge or
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 (101) of the contract amount of f
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.
r
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 damages received
i
as sustained by any person, persons or property on account of
the operulluits of the t:unlructur, his agents, employees or
subcontractors; or on account of any negligent act of fault of
PAGE 7
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the Contractor, his agents, employees or subcontractors in
construction of the improvements; and shall pay any judgment,
i
' with costs, which may be obtained against the City growing out ,
of such injury or damage.
(g) Agreexent 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. f
I ,
3. Occupancy; One Lot Developments. Owner further agrees
as follows:
(a) That Owner will not allow any purchasers, lessee,
or other person to occupy 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 1!.
improvements that are to be dedicated to the public, the Owner
shall not be issued a Certificate of Occupancy for any building
constructed or located therein until all required public
Improvements have been completed and accepted in accordance
with this contract.
4. Covenants of City. That, upon proper completion of the
Improvements in accordance with this agreement, the City agrees
PAGE 8
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to accept the Improvements.
S. Venue and Governing Lw. The parties herein agree that
` this contract shall be enforceable in Renton County, Texas, and
if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County, Texas. The terns and provisions
of this contract shall be construed In accordance with the laws
and court decisions of the State of Texas.
b. Successor and Assigns. This contract shall be binding
r upon and inure to the benefit of the parties hereto, their ,
respective successors and assigns.
Executed in triplicate this, 2Aaday of1kite 19-IlLb .
OWNER CONTRACTO
BY: C r
• BY:
f _ CITY OF DENTON, TEXAS r
• g
ATTEST:
r~
l--
CATHERINE TUCK, DEPUTY CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCII, CITY ATTORNEY
t
By.
i ,
PAGE 9
Ir+9v •..iAKi. . +Z. 3.cL ~,n i`t r,i6Mi~~ s, 1 ':7 i'.~L.I:Ay Y~~L } ¢ hS~'b~}.'04~
r
1233L
f PROJECT NO.
1 i
' c CONTRACT NO.
i
THE STATE OF T& AS 4
ESCROW AGREEMENT IN LIEU
COUNTY OF DENTON 9 OF PERFORMANCE BOND
(Development Contract-Improvements
of $50,000 or Less)
WHEREAS, 14 Mt 1 1- hereafter
referred to as. "Owner", has undertaken to develop property j
i within the. City of Denton, Texas, or its extraterritorial ~
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i
jurisdiction; and
WHEREAS, Owner has, pursuant to the ordinances of the City
of Denton, Texas, hereafter referred to as "City", executed a
development contract to insure that any and all streets, water
and sewer lines, drainage facilities or other improvements which
are to be dedicated to the public, hereafter referred to as
"Improvements", are constructed and completed in accordance with
the specifications, standards and ordinances of the City; and
WHEREAS, Owner wishes to receive building permits for said
property prior to the completion and approval or acceptance of
i the Improvements by the City; and
f WHEREAS, in order to receive such building permits Owner
may, where the cast 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;
li
y 1 1 ~ r♦ y 'F'`' j ~:it,~tLti~~2.♦327.,I i.
' NOW, 'THEREFORE, OWNER, City and SANK ONE, TE:cAS, N.A.
hereafter called "Escrow Agent",'
agree as follows:
` 1. Amount. Owner, as s condition to receiving building per-
mits for property located at 1.0 I0.~dR. blac Ai tee 3
OD. 1. r n I n shell deposit the t
~
- sum of -10~'s~l~a*s d>YX rio ii
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 2fd day of
19~. between the City, Owner and Ownerts
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.
1 3. Release of Funds. Escrow Agent shall not release any or
III~J 1 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:
j (a) the City Engineer shall authorize the release s
all the escrowed funds when all improvements are
PAGE 2 z
1
' . a.v..ts.~iC~ff1~'i.Yl,fil'~~°'e'~}7.i:S l.t♦,Si J. ~i,.- ri .
i
r
completed and approved in accordance with
1 provisions of the development contract; the
determination of which shell 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,
i
authorize, periodically, the release of
specified sums of the escrowed funds to the j
1 Owner if, and as, the Improvements are completed
` and approved or accepted by the Ctty 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,.
r are required, to be completed and accepted or
approved by the City.
i
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: T-0- Tax O B2
11 762&Z-
ESCROW AGENT: BANK ONE, TEXAS, N.A.
215 W. Hickory, P.0. Box 580, Denton, Texas 76202
'a. Fees. Owner agrees to pay any and all fees or costs
charged by the Escrow Agent in connection with this Agreement,
5. Nonliability of Escrow Agent. The Escrow Agent shall
have no responsibility except for the safekeeping and delivery
of the amounts deposited in the Escrow Account in accordance
with this agreement. The Escrow Agent shall not be liable for
any act done or omitted to be done under this agreement or in
PAGE 3 ;i
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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
E
of the Escrow Agent hereunder or the rights of the parties to I
this agreement, the Escrow Agent shall not be required to act `
1 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
f following: j
(a) withhold and/or stop all further performance under i
this agreement until thu 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.
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 j <
Is necessary in connection with this agreement, exclusive venue
shall lie in Denton County, Texas.
}
PAGE 4 i,
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4
I IN WITASS WHEREOF, the said City, Owner, and Escrow Agent
have signed this instrument this _Zk_ day of NOtK~ iJ~ ,
Igg E
Y
CITY OF DENTON OWNER
BY: Jay:
ESCROW AGENT
It` BANK ONE, TEXAS, N.A.
BY:
Kart Calhoun, oan officer ;
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i PAGE 5
S~~1cvAjl':ii.GL•"rs.W✓
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WJr{
sameness!
low
D':OICATICN
STATE OF TEXAS
COUNTY OF DE.NTON
t'HE►EAS ED VOLSKI and JIFF LEWIS a:e the owners of sit that certain tract of Lend
situated In the Alexander 4131 Survey Abstract Number 671 In the City of Dented, Deatad•
County, Tessa and being all of Wt$ I, 1, ASU 3, BLOCK A, LEWIS MEDICAL ADDITION AS shown
by the plat thereof recorded In Cabtne: No Pate 8) of the Plat Recards of Denton County,
Items; the subject tract being mort particularly described as followst
BC.INSINC for the Northwest corner of :he herein described tract, at a 1/2 tech iron rod
found at the Northwest corner of LoL I. Block As Lewis Medical Addition id the Southerly
right-of-way of Interstate HLDhway 35 Esc;t;
hENCC South 72 Degrees 46 Mlnutee 52 tccoods last with the Southerly ritbt-of-vay of IN v
35 Last a distance of 538.09 feet to a Ill Inch Iron rod found at as ^eglo polat thereto;
,
THENCE South 66 Degrees 00 Minutes 27 Su 0nds East continuing with the Southerly ritbt-of-
way of IM 35 East a distance of 8).67 test to ■ 1/2 Inch Iron rod found at. the beginales
of d curve to the right having a radius tf 10.85 fat;
THENCE Southeasterly with the arc of the amid curve an etc length of 10.18 feet (cloned a
boarLng South 45 Degreee 12 Minot-es 31 Seconds East a distance of 10.54 feet) to a I/2
Inch ice* rod set for the Northeast co:ner of Lot 3, Block A, Levis Medical Addition Is
the dedicated Vasterly right-of-day of San Sass Blvd., 30 feat westerly fees the
j centerlLna thereof;
THENCE South 26 Degrees 23 Minutes 06 Sscoads Vest with the dedicated Vesterty rlght-of- I
way of Sam B ua Blvd. ■nd the East line of Lot 3 a distance of 136.71 feet to a 1/2 tech
iron rod set for the Southeast corner th.,reof In the North line of the Va tvled Addition
so shown by the plat thereof recorded !n Cabinet C, page 246 of the saki Plat Latetdm, 1
and being North 72 Degrees 46 Mtdutes 0 Seconds Vest a distance of 5.04 feet from a 1/2
s, Inch iron rod found ■t the Northeast corner thereof; ;
THENCE North 72 Degrees 46 Minutes 57 Seconds Vest with tie North line of VestwIrA JI
Addition and the South line of Block A, tells Medical Addition a distance of 571.99 feet
to a 1/2 inch iron rod found At the Southvest corner of Lot l above mentioned;
THESCL North 01 DeCrces 51 Minutes 16 Seconds [Ali with the Volt line of Lfwls Medical
Addition a dlatanca of 154.88 feet to the ILACE Of BECINNINr, and enclosing 2.0574 mores
of land.
j
Y.14, IHLAEFORt, KNOW ALL MEN BT THESE PRESENTS; m
1
THAt 6L, ED 6OLSKI anJ JLFF U.: IS, do he:cby adopt this plat designating the hotels
i descrttsd ptopertr ■A LOTS IA AND LA, BI.Ot'K A, LEWIS MEDICAL ADDITION to the City of
I 6cnton, Donton 6vunty, Ieus and do .ercby delicate to the public use forayer the street
rights-of-way and Public wustnents ahown hereon.
ED WOLS9I JEFF LUIS
STATE OF TEXAS
CO:NTT Of UNION
BEFJtE ME, the undersigned Notary public In and for the State of lease 091 thts day
personally appeered ED 6OLSKi, known to at to be the person whose name Is subeoribod to
the foregoing Instr4meot, and acknowledged to me that he executed the memo foe the
purpose and conmiJerstlon therein egpre wed and in the capacity theretn statedi
i
l
.
C
Page No of Payee r~
~rnp~eui
43890
BCI ISU11LEY & COWARD MECHANICAL, INC. 113 WARREN ST,
DENTON, TEXAS 76201
(8171565.1010
A R Y TACL ADMIX
PRO106SALSUBMITTED TO PHONE CATS
INDUSTRIES ( 7 387-0028 1 11-16-9
STREET JOB NAME
.
CITY STATE AND ZIP CODE JOB LOCATION
DENION, Tx 76201 1 35 E AT a s 8 v
ARCHITECT DATE CF PLANS JOB PHONE
ALBERT H HALF B A SO . 5-25-89 DENTONr X
i
WE HEREBY SUBMIT SPECIF ICATIONS AND ESTIMATES FOR
THE COMPLETION OF WATER & SANITARY SEWER IMPROVEMENTS TO SERVE THE ABOVE j
REFERENCED PROJECT AS SHOWN ON DRAWINGS DESIGNED BY ALBERT H. HALFF &
ASSOCIATES, INC., SHEETS I THROUGH 4 DATED 5-25-89 AND ACCORDING TO THE
FOLLOWING BREAKDOWN;
DATER IMPROVEMENTS; UNIT j
DESCRIPTION QTY UNIT PRICE TOTAL
1. 8' DR 18 PVC 632 LF 13.33 8,424,56
4 2. 6' DR 18 PVC 15 LF 11.41 171,15
I i 3. 8' M.J. GATE VALVC W/VB 1 EA 497.20 497.20
4. 6' M.J. GATE VALVE w/VH 3 EA 389.85 11169.55
5. STD FIRE HYDRANT 3 EA 1+073.50 31220.50
6. 8' X 6' MJ ANCHOR TEE 3 EA 350.30 1,050.90
7. 8' PUSH-IN PLUG I EA 67.80 67.80
8. REMC`vT PLUG & M TO EX IST INi VALVE EA 226.00 226.00
9. GRANULAR EMBEDMENT 100 CY 7.91 791.00
10. MECHAN. TAi1PED BACKFILL 200 CY 3.39 678.00
11. DISPOSE OF EXCESS SPOIL ON SITE 100 CY 2.26 226.00
12. COPPER TEST STA. & EICk' OFF 2 EA 203.40 406.80
13. 2' WATER SVC 3 EA 553.70 11661.10
14. TEST & STERILIZE 1 CS 339.00 339.00
15. TRENCH SAFETY 632 LF 1.13
SUB TOTAL I9,643.72
16. MAINTENANCE BOND 1.5 % ~294.66-
1 TOTAL WATER IMPROVEMENTS $ 19,938.38
I
SANITARY SEXIER 1MPROVIEEITS;
1. 8' SDR 35 PVC 630 LF 14.13 80901.90
2. BORE & PRESSURE GROUT 20 LF 135.60 2x712.00
3. STD 4' 0 MANHOLE I EA 1,243.00 11243.00
4. CONNECT TO EXISTING McAIME RY CITY
FORMS 8 DEVELOPER EXPENSE 1 EA 565.00 565.00
` I 5. GRANULAR EMBEDMENT 100 CY 7.91 791.00
f 6. M[0*ICAL TAPED TPE*41 ?NCKFILL
WITH EXCAVATED WTER1,1 780 CY 3.39 949.20 +
CON 'T j
It is agreed that in arriving at the above prices for labor and materials it Is contemplated by the parties that the same
will be paid to the order of BURLEY & COWARD MECHANICAL sit Its' place of business In Denton Texas,
promptly as provided herein, and in the event same is not to paid we agree to paypInterest at the highest lawful rate on
reasame I sonable c attorneys l'ee the reoi~ or through in AttorneVO tM
some
Court or Bankr ptcy Court we agree to event pay t a the
i 5
Wt PfopDir hereby to futnlsh material and labor - complale in accordom withabove speulieat.ons, for the Jum of
dollars (S 1
PAYMENT TO BE MADE AS FOLLOWS
i~
All tnalerbl h pueranlead fo I,e n y,ecif w.} An wn•k In tx comtrkirA Ina '
workmanlike momrw according to starrlerd practices. Any altefatiom or Authorl:d
devtngn rom above K,tul eat errs w,bhq e.tra rose will be o.ec0ed Sgnature
WJy upon writl" ofders, arMI will Ir. unx a,. n.. Ha cli,egn .>nv an,I J.nve }
the fAknata. All armaments contingtnt ty.un stiles, occiltntt or de4Ye Nole Thk propowl T1y De
bly0rtd out control. Owner to carry lire, tornnlo end other necees.ty wktdrawn by ere it not Kcaptd rvllAin daY►
lnalratxa. Our woAds a e hilly eo.ernf fie W r4mane Cnml envt an
t hwtts"CC
/1f ~eiUtue of ~rA+p~dal , I,e elKve pricrt f{NCilkatbM
ar,d toed lone are tatlsfactory and are Aereul a«upted, Sou are author.
lead 10 do the work as specir ed. Payment ^ -II be made m eullind above Signawre
Dale of Acceptance S'gn+lun
~ra~oaal- r
fs~ - BURLEY & COWARD MECHANICAL, INC. DEN113 WARREN ST.
TON, TEXAS 76201
(817) 565.1010
^ TACL A005013C
LLI~t' Y PHONE DATE
PROF aALSUBMITTEO TO _ Q
!08 NAME V._..._-
STREET r
r
JOS LOCATION
CITY STATE AND ZIP COUE
JOe►HONE
ARCHITECT OA7E OF FANS
e
WE HEREBY SUBMIT SPELii ICAT,UN$ ANU ESTIMAI E$ FOR
SANITARY SENOR 1_N{PR " tdl~ CONrT 141.215 y23,75
I 40 SEWER SVC(12r LONG) I LS 339.00 339.00 i
8. MANDREL & AIR TEST X30 LF 1,13
9. TRENCH SAFTEY 3
I ~ sub TOTAL 16'i3_y6.7.5 1
10. MAINTENANCE P0`:t,'S 1.5 % S
TOIAL SANITARY SNER IMPROVEMENTS $ 16,886.30
EDU: IF BUILDING PERMITS ',•fILL BE REQUESTED PRIOR TO ACCEPTANCE OF THESE `
IMPROVEMENTS, EA3 WAY CONTRACT WITH PERFORMANCE & PAYMENT BONDS WILL BE
REQUIRED AND SURVEY TO RE PERFORMED BY OWNEPIS ENGINEERS
WORK TO BE STARTED HITHIN 15 WORKING DAYS OF APPROVAL OF CONTRACT FROM
OWNER B CITY AND NOTICE TO PROCEED.
WORK TO BE SUBSTANTIALLY COMPLETE WITHIN 35 WORKING DAYS FROM THE DATE
STARTED.
if
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;
I It Is a eed that in arriving at the above prices fo lab labor and materials
CAL Is co rtplaceted bushesparti sttntonT same
ii will be paid to the order of BURLEY & COWARD ,
1 promptly as provided herein, and in the event same is not so paid we agree to paY~fhnterest at the h hest lewtu ratte on
agree event 1 same ble a lecte t fee there t or throug~ an Attorney, the
i Same amount from its due date an in the
Probate Court or Bankruptcy
f
Wt f (apoir hereby to furnish materiel orx: tabor - complete In cctxdance withat-Ovs wicilicetrens, Ior the sum of
' IR a n~tlHYlt 35, 82~ .00 1 a.
+:4 n,un G1ffrT 17.11_j, F'
ax. PAYMENT TO BE MADE AS FOLLOWS. DUE 10tH PROXIMO ~
HET CASH EACH 30 DAYS AS JOB PRJGRE$SES DUE 10TH PROXIMO
' AM material is pu aranl oo he as sP%1jr"NJ.l All wank to ha com o is e
.o(kn4nllka mM'1M a ^ Cot Jinq to p,lurd row lr, ,=S Any eftersi ral qn or AullW ,lead ,
w
dNSation from above wKil katl,nn IIrvutvrrv rruI cw.ts will be e.eculed I
,Y onty upon Wilton ordare, vo AM bra n;rvl +n r.IF r, h, w,0, nl, r $NJ drm'r Sgnetun A N 0 4 A R D I~ OIS4
the aft malls All tqr tenons conlrnyr nt ulK;n slat..+. r Eaenu w de4Ys Note, TnL tor"pid" 0e 3lJ
bey ry lire, torna,o anC other necrnsr^ r,hMrewn by us it rat aecapted w Alm
ond our Control. Owrkrf to ee
Inurenee. oyf w04"s all (illy unvrrat b4 IN,, moo's Compe f
InfJnncf. 1
tiIro~,ae~l
llrttptattre at be atcvtl'rKes ><ecilleatons
arsd Cpndhlo na era utlcfrctof tnd , 04 all
outhol Payn ntE+wyii +belnxle eo4t~ii od MovC Sionalure
't Itb to do Ina work as spec
! sanat~,a
Otte of Acceptance
r
ON R
r
CONCRETE CONSTRUCTION, INC. f /
November 26, 1990
DLN industries
ATTN: Dove Hillary
We agree to supply materials, labor, equipment and insurance to put In
312 LF o! sidewalk and flume as shown on sheet ( 114) dated 5-25-89 for
1 the sum of THREE THOUSAND FIVE HUNDRED SEVENTY ONE DOLLARS &
20/100 (;3,571.20),
l~Lk Industries Qqnjr Commerclal
' E
r Accepted by: Accep Y:
Dave Hillery Oon Anderson, Jr.
i
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P.O. Box 5050 • Salto 250 • Lewlsvlge, Texos 75067 • (214) 221.6499
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