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HomeMy WebLinkAbout1994 i 1 I } i a i i j i i~ fs~'iE:~+•'ht+t-,;,'t/~6~:.ri'fu'JflWaxa.ase rr:.' .sl?' ° 5:1. •J51, . ~ ~.W i «•iu+i,~.~~ i-l.ev...lr,~i ~~~f'.c°iki~: $F~~t ~{.i' ~,f.~R;~: c:L.w+:..s t~4~., ~ t~~'~~ J i i i 1 i i . i JF~ 1 ti 1 1994 Development Contracts yf, it F i 14 4 t ,~S?'t°t to 1 9fl ~ d~~+W' 7~ vyw ."1i ` "-f; ' o e ILI by I `qt n", • is 4 ti ~'Ta'N3~J~31.,"rY,1v4;f,°hP.A1-0,~~it.'°;R<^YdY:SAXr3iJlFYUw pso--. sy s+ev-.~.:.-....., .ws v:lt4lXl#~zm~~esS~A~l~° b' ~,.1~Mbbd~t ~ PROJECT NO. CONTRACT NO. THE STATE OF TEXAS S DEVEL00= CONTRACT ~ COUNTY OF DENTON S whereas, Casa Bonita Incorporated hereafter referred to as "Owner," whose business address is 8115 Preston Rd., L°8.7, Dallas, Texas 75225 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictioni and whereas, owner wishes to develop the property and ouch •j development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"1 and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter i, referred to as "Improvements," are constructed in accordance with the Cityfs specifications, standards and ordinances; and J (select applicable provision as follows) C~ whereas, the owner elects to construct the improvements without contracting with another party as prime contractor, in • which vase the provisions of this contract which refer to "Owner" • • or "Contractor" shall mean the owner as naiad above; or 'fl i Y e. nr f ~r qq0 r ® Whereas, the owner elects to make such improve-ients hereafter set forth by contrLOting with Mgjs Qnstruction Co.. Inc._ 3455 West FM 544, Wyl i I Texas 7509$ , whose business address is hereafter referred to as *contractor"; and Whereas, owner and Cor- actor recognize that the City has an { interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefore WITNESSETH i As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at Lot 2, Block 1 Casa Bonita Incorporated Addition, City of Denton, Texas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows 1. Covanants of Contractor. Contractor agrees as follower • (a) ewnit1gations, To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citvls Standard Specifications for Public Works Construction. North Central Texal, • as amendsd,.and all addendums thereto, and all other regulations, i • ordinances or specifications applicable to such Improvements, such PAGE _ I 1. 0~ i.'. ' i if~'r~v~, i s{~1. iti'~~1~Y~. ( Jiv~'• .1 i13t i ti specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein, (b) Atthority of City Eagineari Inspections, Tests and That all cork on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise am to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the ■pecifications applicable thereto. Any work done or +uterials 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, unauthorised 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 rich failure is not remedied to 0 the satisfaction of the City Engineer, the City shall have no • obligation under this agreement to approve or accept the Improvements, PAGE 3 s (c} insurance. To prov%de for insurance in accordance with the insurance requirements apilicable to contractors as provided for in Item 1.26 of Division I of the standard ,gpeci! cations for @Ublic 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 Kethods of Construction. That the means and methods of construction shall be such as contractor may choose) subject, however, to the City0s 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 CovInsnt■ of owner and Contractor. owner and Contractor mutually agree as follower (a) Performance Sondes Escrow Agreement. That if building j permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the j 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 0 the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be • executed by a surety company authorized to do business in the state of Texasl or, PAGE 4 • • • v. rrtr4i MMbYInrYP eaYM LraiM1.w rr. (ii) if the cost of nompleting the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the city Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) nY...gant Bond; eaurance of Payment. That prior to acceptance of the Improv-suents : hundred will be furnished in an amount not (i) less than bond approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas or, (ii) if the total contract amount of all Improvements it $50,000 or loss, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any parson, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written • affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims i for labor performed and material furnished in j connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens tiled against the improvements, or land to which they are affixed, • that are to be dedicated to the public. • That, upon the request of the city Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAOR 5 fF6i,}~SY4f ail G~ e i~~ar r1 aq{~ yr _ ..,...-~..rw...._. , I L' „ F+#A" F'i.5>„: .hf r. r 25~;. ''Lop, 4v`ON f • • 1 i material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. Final p1y~r (This provision (o) Setainaae~ F This rovision (o) 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 r for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have boon paid or otherwise satisfied. (d) fnpliMbXApqu. That upon completion and approval or acceptance of the Improvements of the City, the improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land y dedicated to the City, to which they are affixed, the owner and y~ Contractor shall upon notice by the City promptly cause such claim • lien, charge or encumbrance to be satisfied and released or promptly post a bond with the city in the amount of such claim, • • 1 t PACE 6 i r4 t''-It Wi?l`~f` ~~ur+.n j^ - q boy fat =t i i i I 1 ` y i i i I .:lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. i (e) maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in 3 form and substance acceptable to the City, in the amount of ten percent (lot) of the contract amount of the Improvements, insuring s ~ the repair and replacement of all defeats 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, Indamification. To indemnify, defend and save E harmless, the City, its officers, agonts and employees from all suits, actions or claims of any character, now and description brought for or on account of any injuries or damages received as sustained by any parson, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction -i of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (q) Agreement _Cnntrollino, That the provision of this agreement shall control over any conflicting provision of any ~ r contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 l1i~.l+,lY'Ly~,: f+. {1I-~i4 y.i 5P{}i 1Yh~i~~K 1 5 5 e n' 1. R 014 .ti O 3 I 3. Occunancvs 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 he 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 say take whatever action necessary to restrain such occupancy, (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract, 4. Covenants of city. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. • 5. Vanua and oovarninet La v. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 ` ~ e.. ..,...,._-.Y-.-..«..', f.,K.~....r..~.w.~M.4 _ v5 14y ~ 'r}~3 ~ ~~.L, M trMh'' fy~r IL. _ a , s+*k16Jt~ k w+sr~+rr~bk~.'t~33~'k`yq`' ~ p >.r., e9°' + X as'ari' t,n ! t 'r 4 a. T~~, r>~ r r s 6. Successor and Assigns. This contract shall be bindinq upon and inure to the benefit of the parties hereto, thsir respective successors and assigns. Executed in triplicate this, Z day of OWNER ; Casa Bonita Incoporated CONTRACTOR; Moss Construction Co., Inc. BYt BYt Don Shows, Jr. Mackie Klingbell, Ace president Director of Construction / CITY OF DEMTO , TEXAS BY CI HOER ATTEST: J F99, K TERS, OITY SECRET ;ir APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVI%Wo CITY ATTORNEY BYt , tr x . f n r, I PACE 9 J? i}.~4 1. ~ b t yvrl y, ~5 jr 1j e CL~ ~h~MF n'+ aa~.~Si . ~tv S-5 7 t . r I' Ri 1 11110!1:1 13,1 ti. +r r }4 • ~v:; IdFi L dd..'iA rti.7Adl arc s':fq , r MA00e23 PROJECT NO. CONTRACT No. THE STATE OF TEXAS $ DEVEL40PHENT CONTRACT COUNTY OF DENTON $ Whereas, EXposITToN mT .ra of TExAr, Nc, , hereafter referred to as "Owner," whose business address is 3400 THANKSGIVING TOM, nAt,LAS, TEXAS 75201 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction) and whereas, owner wishes to develop the property and such devel- opment must be performed in accordance with the applicable ordi- nances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to insure that all :;tracts, 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 ordinanceap and } whereas, the owner elects to construct the Improvements with- out contracting with another party as prime contractor, in which case the provisions of this contract which refer to "owner" or "Contractor" shall mean the owner as named above, and Owner agrees to complete, not later than DECM-ER 1# 1994 , the improvements set • forth herein and described in Exhibit "8" attached hereto, "a w...y .J +--•-~~J+....,.y~lu ..y.. N„Y11'^V~~.,Y T.,7~"~'R~Y S't !j ! ~t ) ! . ..ik 7F 1,'~ rF~f f~i ~4 ~d,. 451fii LMM- IAIV~ p plans for the construction of improvements, which is incorporated herein by reference; or Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are property constructed in accordance with t } the City's specifications and that payment is made therefor; 1 ' MlTaliiiM7i 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 aann u. T u. 3" , Denton, Texas, the Owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as y followsi 1. Covenants of Contractor. Contractor agrees as followsr (a) To construct and install the improvements as de- scribed in the plans attached hereto as Exhibit "B" and to complete such construction not later than DECEMBER 1, 1994 Con_ 1 traotor/owner agrees to construct such improvements in accordance a l with the procedures, specifications and standards contained in Division 11 and III of the City's Standard SpAcifications for Public Works Construction North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or speci- fications applicable to such Improvements, such specifications, 0 ? standards, regulations and ordinances being expressly incorporated PAGE 2 1 {1✓..rie.d .hwauiv FI Y ~`1 tr r` Si ~~$y,ir ~ r~ I.. .1, y r ~r jn ;p ,iff.... ! i d • l i 1 " J 1:1 F1 .,,rrF.4J .rr r..... r rr A ~ 3 herein by reference and being made a part of the agreement as though written herein. t (b) Authority of City Engineer! Inspection.. Testa and I Orders' That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all 1 questions which arise as to the quality and acceptability of. 1 4 materials furnished, work performed, and the interpretation of specifications. 1 The contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining ] whether or not the work performed was in accordance with the speci- fications applicable thereto. Any work done or materials used r without suitable inspection by the City may be ordered removed and replaced at contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City • Engineer or his representative, the City Engineer shall notify the t- owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obli- gation under this agreement to approve or accept the Improvements, i (e) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as PAGE 3 • p....w . ..awl++.....r.•J..~±wti-` ~4 °S>(~ V~r~y~, ~f ~1 r r provided for in Item 1.26 of Division I of the Standard Speci- fications for Public Worm Construction North Central Texas. as i amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision e only, "Owner," as used therein, shall mean the City of Denton. c'- (d) Means and Methods o Construction, That the means s f 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, , a Covenants-Of Owner and Contractor. Owner and r! s Contractor mutually agree as followat (a) performance Sondsi Escrow Acrreement, That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by Cityfs Development Coder • (1) a performance bond in an amount not less than the amount necessary to complete the Improve- ments, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed • by a surety company authorized to do business 0 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 $60,000 or less, as determined by PAGE 4 r Sri , i~: v a ...J--.....a---..••~..~w.•w.w ~ ~,ir lv ~ vi'. , ~ ~~~~"yp ,1. ~ P Y • • f f the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be de- posited with a bank as escrow agent pursuant to an escrow agreement ensuring completion of the Improvements, Without exception, the City's escrow agreement form shall be used. (b) Payment Bondi Assurance of Payment That prior to acceptance of the Improvements= (i) a payment bond will be furnished in an amount not less than one hundred percent (100!) of tine approximate total cost of the contract cost of the improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the con- struction of the improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do , business in the State of Texas= or, (ii) if the total contract amount of all improvements is $50,000 or loss, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not f been submitted in accordance with (i) above, i Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improve- ments shall be fully paid and satisfied before acceptance of the Improvements by the City and + that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a II • written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, • or land to which they are affixed, that are to • be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete E list of all subcontractors who performed labor PAGE 5 ...~.e.._ . ....,..:nos ...............-.w.«......,.+..r~a__, ~__:..,.Y,.~.. l~A r.. n'~r~R-TY. t+l: ~i}~, L ME • • I ..r:. I. r1 . f A>c.l i<r✓,fi•a...,y. a. :t, t , s_... l1 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. (o) Ratainage L Final payments. (This provision (c) n applies only where the owner and Contractor are not the same ~t 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 i evidence that all indebtedness connected with the work and all sums t of money due for labor, materials, apparatus, fixtures or machinery i furnished for and used in the performance of the work have been paid or otherwise satisfied. i (d) Encumbrances. That upon completion and approval or acceptance of the improvements of the City, the improvements shall I become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. if, after acceptance • of the improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the owner and { Contractor shall upon notice by the City promptly cause such claim { f • • lien, charge or encumbrance to be satisfied and released or 1 7 promptly post a bond with the city in the amount of such claim, PAGE 6 ...yy es~ y{t "~i~\ ~ 71 1: g I +kvIn"4 . ~ i r I 1 r 1.c r r. lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. (e) Kaintegance sond. That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in tai form and subatance 4~.^ceptable to the City, in the amount of ten percent (lot) of the contract amount of the Improvements, ensuring E } the repair and replacement of all defects due to faulty material Eli 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, i` (f) _Inds=ifioat{on., To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or sub- contractorsf or on account of any negligent act of fault of the ; Cojitraotor, his agents, employees or subcontractors in construction of the improvements) and shall pay any judgment, with oosts, which may be obtained against the city growing out of such injury or damage. (q) Agriement Controlling- That the provision of this r agreement shall control over any conflicting « provision of any contract between the Owner and Contractor as to the construction of the Improvements. PACE 7 N..m•NGYMM~3 _ •,~yi..r.,., ,.~...r...t•Mr-wry,+•~. 1~ jJ~ t'tr xl~ Ia~,.,,,+ t AMR& i l 1 { j i i I 3. occupancy: one Lot Developments, owner further agrees as { follows: 1 (a) That owner will not allow any purchasers, lessee, or other person to occupy any building within the development until l all Imprnvsments are completed and accepted by the City, and that 1 } upon violation thereof will pay the City $30000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no ddd 1 j performance or payment bond was required or submitted for the i improvements that are to be dedicated to the public, the owner ' ' I a r shall riot be issued a Certificate of occupancy for any building constructed or located therein until all required public improve- ments have been completed and accepted in accordance with this contract. 4. Covenants of City, That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to p • accept the improvements. 5. Vanua and Governing mow, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action ,s necessary in connection therewith, exclusive venue ~ shall lie in Denton County, Texas. The terse and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE a ri.+.: '~rwpN k`t. 1 ~i dy l SS'V°., r '•i "PO 00, -*Ak t . 1 ' lnhwiwe wleuYw,-.:~.. .;...~4..il.I..~fFf".~Ff1k~~~'f~•y}-`j~~al~r~~r.u~cVY.'~r`+Ss.!'."'~w~.'k'^~"'3~Y.,{-~~~L~~~`l~[I~~~~Y~1~:~"f/~+•'1 au' a J aS ♦..Z m ~ c A:Y .v' Ir S. eaoosasor and Assiaas. This contract shsl1 be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. laecuted in triplicate this day of r 199 . OWn/CONTRhCTOR BY VTCz CITY or DtWMI TIXAli + j ATTYBTs f.. "WIM ULTMf CITY SICRITAR7 rs i BY,., $ DIM A. DRAYOVITCH, CITY ATTORWV a 1 1 i r; BY: { t. } r , ' 31 PA= 1 `if ~ . l y'D ~ ~ rr r a ~il Hlf } f+, J A - ~--'rr~Ynr' d. {+r++•W i ♦ n +xg 3~ 1 6.."+4{,q r C7Y U^hrl• ` J~y.1 h I i 1 r } t )w( 17 m E=XBIT "A" .xt TABULATZD COST ZSTnaTZ ZXPOSITION 2CILLS Or TZXi1S, INC. i PKASZ III ZXPANSION/PUBLIC IMPROVZt4WS r The fol2ow!,ng are coat estimates as prepared by Kimley Horn and Associates dated January 171 19941 1. Unclassified street excavation 500 C.Y. 0 6.00 $ 3,000.00 2. Lime stabilized base 1465 S.Y. @ 1.30 11904.50 3. Hydrated lime 27 Tons 8 82.00 21214.00 4. Sawcut & remove existing concrete curb & gutter 175 L.F. @ 2.85 498.75 a i 5. Construct 24" concrete curb a gutter 750 L.F. 0 13.00 91750.00 6. Conatinrt 8" 3000 PSI Reinforced concrete pavement 1200 S.Y. @ 38.00 45,600.00 7, Construct 6" reinforced concrete sidewalk 525 S.F. @ 3.25 1,706,25 k 'i 8. construct 6' curb inlet 2 ea @1,650.00 31300.00 9. Install 42" CL. III RCP 152 L.F. @ 67.50 10,260.00 10. Install 18" CL, III RCP 83 L.F. @ 34.00 21822.00 • 11. Remove existing asphalt pavement 770 S.Y. @ 6.00 4,620.00 1 12. Re-locate existing fire hydrant 1 ea. 8 500.00 500.00 13. Plug existing sanitary sewer stubouts at man hole 3 ea @ 350.00 1,050.00 SCD-TOS'AL $87,225.50 is% CONTINmcy 1~..i..~. Ba ~ • TOTAL ZSTnATZD CONSTRGCTION COST $100,309.33 t dl ~JC 1'', r -arc 5ar 1~1 (a +ei4 11 V' l t ~i1 tmM+lk.~u»:)i . ' +v~., .,rw...>:d, }s~a5 tSOdi~ nr{{ ,~~~~e:H' '1 ).r:_ ~yn IpI i'F~ Ihff ~7~. V , " 4_4s r 1 ~.T mCBI$IT HB11 ~ J I l I ENCA4]MTION Of CONSTRDCTION DOCMGMS of Z7CPOSITI0N 11ILL$ Of TL~1s, INC. PRASS III MCPANSION/PUBLIC INBAOV#M1TS The following drawings are produced by Kimley-Horn & Associates, Inc. sun # Dk= If 1= 1 or 1 1/24/94 Final replat. C-o Cc or sheet i C-1 1/24/94 Paving & grading plan (parking lot) C-2 1/25/94 Westgate drive paving & storm sewer plan C-3 1/24/94 Storm sewer plan & profile (parking) C-4 1/14/94 Paving & storm sewer details (site) " C-5 N/A Paving details (city) 41 C-6 N/A Storm sewer details (city) C-7 N/A Storm sewer details (city) 4 ~ C-8 N/A Water details (city) , • ;i F 04 to1 1 `4, t r Y 1, 1 1 AAA019DE Bond No. BNS128 87 18 PROJECT NO. CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL MEN 87 THESE PRESENTS: COUNTY OF DENTON S That EXPOSITION MILLS of TEXAS, INC. of DALLAS County, Texas, bnrainaft•r called Principal and The Fidelity and Casualty Company of New York a corporation organized under • laws o • State c and authorised to do business in the State of Texas, ere na er called "Surety", are held and firmly bound unto the city of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of ONE NUNDRED THOUSAND TSREE HUNDRED TEN AND N04100 100 310,00 Dollars, lawful money o • united es, -Ear a paymwa ~ r which sum well and truly to be made we bind ourselves, heirs, executors, administrators, and successors, jointly and severally, and firmly by those presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 25th the day of Jannar , 19 9~ , in the proper p•re of which o y o •n on, ~roxas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • EXPOSITION MILLS OF TEXAS, INC. PSASZ III EXPANSION/PUBLIC IMPROVEMENTS j NOW, TEMNREf If the Principal a well, truly, an faithfully cause to be performed and fulfilled all of the undertakings, covnauts, terms, conditions, and agreements of said • ; Contract in accordance with the Plans, Specifications, and Contract r Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAdZ ONZ *-evw c.aWa~<ov I. { 1.' 1 r~~~ b.'F •~%i~~~~~~R„~~~ly Iv r.~r+~~RF`Y T~~7~~4~ „'f/'. j; i j I t >a , . 3 and during the life of any guaranty required under the Contract, `y and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived= then this obligation shall be void= otherwise to remain in full force and affect, ? PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. r AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed ~ thereunder, or the Plans, Specifications, Drawinqs, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 25th_ day j Of January , 19 94 ~ ~i PRINCIPAL SURETY Exposition Mills of Texas, Inc, The Fidelity and Casualty Company of New York ATTORNEY-IN-FACT K,Rearvey ATTEM i 8 C , Y i NOTEt POWER OF ATTORNEY OF SURETY ?LUST BI ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. I 3 • • k; PAGE TWO Fyq}~y{~ti n"V AAA019DF Bond No. BNS128 87 18 PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OP TEXAS S COUNTY OF DENTON 5 That EXPOSITION MILLS OF TEXAS, INC. of DALLAS County, Texas, hereinafter called Principal and The Fidelity and Casualty Company of New York ^I a corporation orgaa zo un r the laws o the e Of VW MWSHIIM and authorized to do business in the State of Texas, era na or called "Surety", are hold and firmly bound unto the city of Denton,Toxas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all person, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of ONE HUNDRED THOUSAND THREE HONORED TEN AND NO/100 100,310.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 25th the day of Janna , 19 94 , in the proper per ormance of which the y o en on, 'TEXAS has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • EXPOSITION MILLS OF TEXAS, INC. PHASE IIY LXPANSION/PUBLIC - I}B'RO~/LMLNT3 . PAGE ONE , Y y.! _ '3P ~i.ep In ^'r l{~ r'.. i -''Ije ty F "j l { Y : '~Y'S .:S l \ p P T p{I 1.. 4 l: 1 1 Y ~ ! I V \ ~Y p J 1 t \S r. 1 ) _ 4 ! ~ Ik t~ _ A i p I 1 t t Sf ,r fi a a tr S'*t S ,l 1~ 1 ~ } fl A, lt'r ~r`-0E lr li Ij~ by S~ . N~~i F ni; ~'im tu.~..,t....v n.. .a.•..wt r>,..._ r? .1 ......v0.t?L~Y .'5:~~'f,~5_d { ri~T. Rf}ii4t:' t.t 4n.1~l i F NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and i. material in the prosecution of the work provided for to said j) contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be voids otherwise to remain in full force and effect. 1 Provided further, that if any legal action be filed upon this bond, F venue shall lie in Denton County, Texas. AND THAT said Surety for value reoeived hereby stipulates and agrees that no change. extension of time, alteration or addition to z the terms of the contract, or to the work performed thereunder, or } the Plans, Specifications, Drawings, etc., accompanying the same l shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in tri ~~catal each one of which shall be deemed an onginal this the Z5 day { of January , 19 94 r ( PRINCIPAL SURETY r~{ Exposition Mills of Texas, Inc, The Fidelity and_Casualty Company of New V7 it ~ HYt BY: ATTORNEY-IN-NACT '0' 1 vey ATTESTt A' Miff NOTEt DATE Or PAYMENT BOND RUST NOT BE PRIOR TO DATE OIL CONTRACT. V PAGE TWO Ot- 'tJ 17 19 a - 1-!r•.r:'. -M .""`S 1'ty',E'N.~YT'k +,t•4!t r h e'i ) psp'1. { ~ . 1,lj 1 K:'r IL' 'ffr ; ' i vPr y- t i i i J ~l AAA019FI BUS128 87 16 II PROJECT NO. i' f CONTRACT NO. 4h CONTRACTOR'S M&rNTENANCZ BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 That EXPOSITION MILLS OF TEXAS, INC. of DALLAS County, Texas, hereinafter called Principal and The Fidelity and Casualty Company of New Yurk a Corpora on organ xo un r o laws o o Mite o and authorised to do business in the State of Texas, hereinafter called "Surety", are hold and firmly bound unto the city of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of TEN THOUSAND THIRTY ONE AND NO 100 10,091.00 ) Dollars, lawful money o£' i o3 os, Tie `said sum ng en percent (108) of the total amount of the hereinafter mention Contract, for the payment of which snot well and truly to be -made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, THE Condition of, this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 25th the day of January , 19 94 , in the proper per orrMnoe of which ts)!: C' on, Texas, has an E interest, a copy of which is hereto attached and made a part hArecf, for the construction of: EXPOSITION MILLS OF TEXAS, INC. PUBS III EXPANSION/PUBLIC IMPROVEMENTS • PAGE ONE I 1 \ EI f~' J 1 ! A:~ jl f•C i Y i AAkt 1l. ••1 a ' i Y l f i e ~ I J' i Y i , i i Y~ ' I f a'„. .e uirr .l ~ ,....,.._;....,..1 Y~~..e~ L«.Ii,,.E.`.°,..u l}. v_c,. .,1_a .L•.: ..~x^ {t_ ~h.+ i }.1 , I 7 t i 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 ig acceptance in writing by the City of Denton and do all necessary aY 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 mottling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, baokfilling, 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 laborl then this obligation shall be void, otherwise to remain in full force and effect. 1 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. i f 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 23nd shall have been exhausted, and it is further understood chat the obligation to t' 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 WHM=F, this instrument is executed in tri eato, each o e of which shall b~ doomed an original, this the day of ~anuary 19 94 PRINCIPAL SURETY r Exposition Mills of Texas, Inc, The Fidelity and Casualty Company of • ~ ~i New or • BY I Dye ATTORNEY- IN-FACT K.Y ariey PAGE TWO t trf - + - + Yf ~!{5 4 a 1t 2ti~ ,Sq ,xi s~,. rl r 00 AL L ! r rC ......r't)11 i y to x Y: ' wi 1~.~ ^r71N r r~ ~ T 1 t lire{ r,Yl x t' r ~ z,. i 1 1 11 t 1 I r . ,!A r y 1 x i x r 1, k ~j { P 1 I l f • f 1 - ~ + f 1.) ~ nr, ~ ~ r"l~~J{1~ i e 1 7 t t ~ of d:{ x y S,~ ....:;ro:Ya...a.+al.<w+r.w,.4M:Mas1n...~.. 1~' .,7. r ` r lJ ifl~ ~ ~1 f7hr J~v~~~ a ~,yy~~;;~C ~U ~T tlt 4 ~ f r!1 1 ,.41~+ K SraSUiL.,rx ea S ~ 7CfA1tr n 'L$t1 i(~llYiPNWiWI1.:~~s di ~n ~ • >r(~.-,u. r: ti t ; f NOTE' POWER OF ATTORNEY OP SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BL Pit-TOR TO DATE OF CONTRACT, 11 , ATTESTt r r J # 1 1 i 1 i. 1 S 1 r. ~x. i r 1 PAGR TNREE =i' xf }k r~t3 r, ~r"~'r xh~~i y~ll~e~~e~1 ~ ~ x-~ in x w 7 F tD The Fidelity and Casualty Company of New York GENERAL POWER OF ATTORNEY Know all meet by these Presents, That THE FIDELITY AND CASUALTY COMPANY OF N E W YOR K has made, constituted and appointed, and by these presents does make, constitute and appoint K. R. Harvey of Dallas, Texas its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the salt Company, as surety, bonds, undertaking and contracts of suretyship to be given to All Obligees i. provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five million (5,0000000) Dollarts Thl Power of Attorney bWanted andissigned andsealed byfacsimil!underandbytheauthority ofthefolkswingResolutWnadopted by the Hoard of Direclon of tree Company on the 13th day of January, 1989, i 1 "RESOIVF D, dw dre CfielrnraA d the lord, doe V1N C1.xtman of dx/ load, tx PrefideM, an Exe<vtlre Vip Pnakerx a a kilo Vta l'i ok a a we ►realdanl old* ConWq, be, and i1w exh a "d Owm is, ate. led le execvfe Powvs d Anomey gW AV the rfanM iwrrd M eM dwn Powp d Aeamy to exacum In Ix" of dM Comprq, bads, wkief d rd ea cam" of raet*o: rd"m Ajowm vice NW w, a Seenlry or rt A ww SKM" be, rd e,M nth or any of dram hereby itr autlw~r! to aneN the axetufbn d rq such Power of AnarW, and b atwh 4wero the rW of dre Company. WATHE a RESOLVED, dwt Mw ,Ip kVes of rx:h often and the w&I o( Ow Coroparre may be dk d b rq wch Power of AttWM of a rq Cerrdkre WjWq the*fo W facs4rWe, and mywrh f&Aw ofAeaney a cerMhuw berrW~faiuxh fackr i e orkskr* sad ltd be wMd a d bindWy upon"Coo"m) wtomsoaabndmWin dw haw with Rfpftl w rq lard, rmde,talWq or Cerxnael of rtetyaW to which W it attxhed." j, in Wit ness Whereof, THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has caused its oHktal seal to be hereunto affixed, and 11;r presents to be signed by one of Its Vice Presidents and attested by one of its Assistant Vice Presidents this2l day of Augua t THE THE FIDELITY AND CASUALTY COMPANY OF NEW YORK Attest. ;u Sy A;61~ A 0.1- ON" AHkUM Vice ►reasdre NMNrn Z. F0 I, vow nowela STATE OF CONNECTICUT COUNTY OF HARTFORD On this 2108y dAuguar 19 9 baron me psrsorutY nfrw William L Fermilell, b ma wwwss, who being ny ma duty wAm, did depose and say that he Is a Via President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the cogwPaUun dwr#md In and which axecAW the abow Instrument Owl he knows the seal of Use uld corporation; that "seal aMlxW to the said inatr~l Is such i1 cufWsia seal; that k was so &M ad by order of the Board of Direclon of sold corporation and "I he signed his name UNnM by itka order, u o,x~ I r NytaenrawenNO AUed n, trt i CERT1f1CATE I, the undersigned an Assistant Vice President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney resmkss In full force and has not been revoked, and furthefnwe that the Rewhilfon of the Board of e<lon, set forth In the said Power of Altomey, is now in force. Signed and sealed at the town of Farmington, In the Stale of Connecticut. Dated the 25th y of JanUAry 19 94 r 4 Ii( r~~•r 1. Darwaa s+ete. Aasraf,r Vka Pn,dent ,t 15 RON0 a nSN'd, Printed In U.S A .,yts . ♦ Ris4' ""^,F'.'^`egwt tiyr.~1~H~- y "f4 k i~ ,C ti r t h/i a,lN ) r ' , r ~ ~ ~y '}y~ ,a V ~ ILL I y CE~~~ f t 'Sr L~-lY}-~yvq~' S t. r] c, t r IV, ;1 1 I 1 I~ I r,•1 I / IS !1 '1 tlrr r t r e. 1 s'i r a <,1 ly h1 } S ( !r ~{~~Y l ~e.:ar`r •S dl t1 a ( t~f. ..',rr..r,l~.r.•:~.NSds a.rowvu~rawrn.'u...r ..~.A.: s''!Etrty r5nl tr~'.4~}:6~,a._~~'2C1 ~tV v t.. t~ a ` I PON ooaaaoaapp , E F '1. I~ t E jl I °i J,S 1Fl ~irlt`fryl o'er ~ ~ ~ ir~ ;t 4 t J~ b ~~'L 4 A rf,y~~ S#l ~e~~ l~i{P.24Y 7 a aa.+r ...+.r.w. 3 Is 0- R,~ v S E .w {T+"Nr`~'M,"ri ti ap'r. ~ ,we ~ .Si,t' 4"~c > e {~'t; ~y 4 ~51K!~Rt 1Y i5N rra. eu ' +S ~h r d 1 1 AAAOpD9T , 1 I. , PROJECT 001 'O- y~ CONTRACT NO. i t THE STAT2 OP TBXAS $ j2vvrLOPMENT ` COUNTY OF DE14TON 5 i Whereas, Cohn C".1 phnson hereafter referred to as "owners" whose business address is ! P 0 Box 1609 Denton Tnxn" 76207_ is the owner of real property located in the corporate limits of the City of Denton, er,its extraterritorial jurisdiction; and Whereas, Owner vishow to develop the property and such I development must be performed in eocordance with tho applicable 1 ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said dovo.lopmont, a dovolopmont contract is raqu~red to onsurc that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter rnl:orrod to au "improvomnnt:s," are conoL'rucL•od in aocordanao with the city's specifications, standards and ordinances; and (soloct applicable provision as follows) Whereas, the owner elects to construct the improvements r without ccntr,actinq with another party as primp contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall moan the Owner as named above; or +x w~.wea K.1a. r 9' I ~i~ ~ h`, a 1 d ~~~..1 - ' _ S}wpi<o i~Tt .T.~ Mo'M1 _r • f M j 1 'I'rk ~ t t t 4 ~~6 0 • p ,t whereas, the owner elects to make such improvements hereafter set forth by contracting with Tim Baaty Builders, inc. x , whose business address is Y P A Box 68 Denton Is 7620, hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WXTNZSSETH ? As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at n Lot 1R, Block 11 Frame Addition frame Street r , the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1, Qnvenants of Contractor. Contractor agrees ao follows: (a) Specifications, To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division IX and XXX of the'Pii'vls standard 0 Specifications or Public Works Construction J3grth Central Texas, f nu amended, and all addondums thereto, and all other regulations, ordinancoo or opood.CicAtiono applicable to ouch Improvements, such rear 2 T I 'r t ~ ~ Yom! ~ r r I e r YI. . t r i;. ppecifications, standards, regulations and ordinanoos being expressly incorporated herein by reference and being made apart of the agreement as though written herein. E" ority gf city Engineer: Insogictions, Taste and s (b) Orders. That all work on the Improvements shall be performed in 'a ' i good and workmanlike manner and to the satisfaction of the city Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of i ' materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his representative with every reasonable facility for ascertaining ~ whether or not the work performed was in accordance with the t specifications applicable thereto. Any work done or materials used 6. # without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or ' replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Ownor of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied-to 'i • the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 .X ~4~ a++t......•e ti's 7.. h4r~•.~...f~1W'+i!41{*gC"1" r_ Q i: r y 'U- RAE 1 r f i r e ,.;711 i i..l y8Kif1#-.i?, e , T j' I j n... .r..C V... . l..a. H, Vii; (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors an provided for in Item 1.26 of division I of the Standard Specifications Por r public works Construction North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "owner," as used therein, shall mean the City of Denton. (d) ins an Methods of Constguction. 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 Contfractor. owner and Contractor mutually agree as follows: (a) Performance Bondpt 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 Y, public, the following security requirements shall apply, unless the ! t, dovolopmont is a "ono lot development," as dofined by City's Development Code: c (i) a performance bond in an amount not less than the. amount necossary to complete the Improvements, .'As determined by the city Engineer, shall be submitted: guaranteeing the full and faithful completion of' ! > the Improvements meeting the,specifications of the;; ! City, shall be in favor of the City, and'shall!be` exoeutod by a surety company authorized to do business in the State of Texas; or, PAGE 4 y i i C +u++-uruWlu.1._ce.~ i ,r 1 I i 1 -+c-wR.r+,.r •4wr.w W;f.~ 5 +;K C R s ~ C ~ t (ii) if the cost of completing the Improvemonts,,at.the time building permits are requested}, an, amount of $50,000 or less, as c}et,prpyj ned , by the City Engineer, cash money. in the pn(qunt necessary to complete the Improvements, as detormined,,~Vby;,,the City Engineer, may be deposited with "a `,bank'.";'as' escrow agent, pursuant to an escrow "agreement ensuring completion of the ;mprovements. without !I exception, the City's escrow Agreement form shall be used. (b) Payment Hondj, Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount-not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall. be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City0s Development Code, and a payment bond has not been submitted in accrarOAnce with (i) above, Owner and Contractor agrE.. and guarantee that any and all debts duo to any Verson, 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 acceptanco of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of th"" Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, ¢ that nr.o to be dodicatod to the public. That, upon the request of the City Engineer, Owner" j or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 1 - - - f+ll.- .y4 ,t9:. r, 31~,j u 4 ,y➢,~i s',y1 } y, ~..,i.'/ .tryiM,`dj,{:~iA~t~t,~%Y1'~,"~+?sf e ~'l~l?t'P ~1"57 f L r 7(.~ m ra' d ~ 1 + r ,l L lr k k 1 f 11 ~ 1 9 ~ T [ ~ 11 , lr , I I r j . -LS cry ' '.v-n',r.e rwttirr. S ~ ~ + lf7 tr+ r}' i material for, the construction oP the,Imp;ovemepts, F and, when requested, written state xggnt~s~•zoa y.; or each of such subcontraotors•or suppliers thnG„they have been paid in Lull. 'k (c) Betainaue: Final Payments. (This provision (c).applies only where the owner and Contractor are not, he same party.) That 3 as security for the faithful completion off' the improvements,. Contractor and owner agree that the Owner shall retain ton percent of the total dollar amount of the contract price until after fAnal 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 tho work and all sums of money duo 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 r acceptance of the Improvements of the City, the improvements shall become the property of the city free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance 3 f 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, ~ ~ d PAGE 6 3 s ,...~~._:,~...yy„w+-r t' t+VT #"r..,w~•Mr a.`~ _ 34~'•a.:~'Sti ''^~.t1ft,} ,I 11i ~ ~l ` ~ 1.,' , '~+~`•l`§ i}I ~ l h•1' 1 } t 1 1 i i i t , S. f i r lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lion, charge.or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance F a' 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 (10t) 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 acid save harmless, the City, its officers, agents and employees from all r suits, actions or claims of any character, name and description r brought for or on account of any injur.t(:s or damages received as sustained by any person, persons or property on account of the operat.i.ons of the Contractor, his rtgents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which S may be obtained against the City growing out of such injury or damage. (g) gg .gnent Controllinc,. 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 tho Improvements, PAGE 7 ,r,, ik X77 •i', :r ..aw.Wwt` ~g 4 v , ~ 1'.Wi~'a-•i- a .~7~"` ' Sp7 k f {~~~;'ad~`4 ~`'s Tr r~ t\ 4~ f t f L, 3, Anr+!tpancv One Lot Developments. Owner further agrees as R 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 Jy the City, and that upcn violation thoroof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by city's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. I 4. Covenanta of City, That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. • 5. yenuet G~yerninq_C,,g The parties herein agree that this contract shall ba enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall ti 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. t PAGE 8 s .u.w a.....r..u:iz1'.+ar/r ` t . ~~11~ f ~7a°¢ ~•~rt1'~~ I ,•!.+}I ct .4' ,'7t1 } 13J: ~ 1fi-, I ` i ; 1 1 I}~~~~+~ ~t~Ya ~'~'~~~r1~ P.~S~ Yt.r , r , }k1~., I ti a , , le s•1j`1ts; r ) Y' L1 ; ;~i~~f~c ,1r ;5 1 i~6 1 s1(.~.~r;r!° 'a: ':iel:•X, +~Ytfie'i' &eTk1 :l N}urus:.d. a H'25~ ~ n'~~!'r~J~k r"~iri s~i't~t~i r~, +y ~!~r- `k K T s ~4rifs py'. 1,"A1 ?#.4.~ ~4: r !V ti4 t ' r • 6• Successor, and Assigns. This contract shall ba binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, day of 6*90qe'l ti OWNER CONTRACTOR B . BY: adjI.4 L Ad d, J CITY Or DENTON, TEXAS / B t . Y AG A. EST: is J FER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCK, CITY ATTORNEY BY: t f~'L~ I K s PAGE 9 i ;,i`. 1R°}K~~'tn+'P 'a I • J ifz W 1 n....., .e. uA. 1233L PROJECT N0. CONTRACT NO. THE STATE OF TM. S Q ESCROW AGREEMENT IN LIEU COUNTY OF DENTON § OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) WHEREAS, John CJohnson , hereafter j referred to as "Owner", has undertaken to develop property i within the City of Denton, Texas, or its extraterritorial ,jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as I "Ymprovoments", are constructed and completed in accordance with tae specifications, standards and ordinances o£,the City; and i WHEREAS, Owner wishes to receive building permits for said property prior to Cho completion and approval or acceptance of the Improvements by the City; and ! q WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or loss, in lieu of posting a performance bond, escrow cash money ! ! with a bank as escrow agent in an amount not less than the • Y amount necessary to insure completion of said improvements; ,r t: I r ~k r 1 116 `hi .~i fi 1 d 1 I r 2 S t . Iw..-...,r.w.+ii.< I e ~ I 3' r I tiM1t SIB J i1 ~~l454~1 1 ~ 1 t ~.r...,....a++.r •±'!YtM" 7 - 1,tt q t y, ~ I I ~ i 4F 1 1 r r I / s: I J e l l I lh Yi, I NOW, THEREFORE, OWNER, City and First State Bank hereafter called "Escrow Agern,t", agree as follows: } 1, Amount. Owner, as a condition to req iving building per- mitu for property located at I,nt 1H, Block I, Brame Addition Frarnn Street Denton shall deposit the sum Of „ Two tl,ouannd Five hundred xeventy and 001100----'--- 2.57o.an in cusp money) with Escrow Agent, said sum being i in an amount, as determined by the City, necessary Co inure completion of all improvements which are to bo dedicated to the public; said Improvements being more particularly described ~in that certain development contract dated the 9th day of Februar , 19 94 , between the City, owner and owuorrs Contractor, to which reference is made herein, 4 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agunt 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 E ` all ci the escrowed funds until the City Engineer authorizes the rscrow Agent, in writing, to reloase such funds as provided for herein as follows: « (a) Lila City Engineer shall authorize the release S all the escrowed funds when all Improvements are y 1 ~r PAGE 2 r 555~~~ ,w...rwr.sv- f a ra, t ' . t'b+ +4r y yy . completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City EnGineor, may, but is',not required to, authorize, periodically, the.. release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. l 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: ,john C. JolLnson P. 0. Box 1603 Doii'nn, Texas 76202 I ESCROW AGENT: First State Bank 101 S. Locust Denton. TX i 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. • S. Nonliability of Escrow Agent. The Escrow Agent shall have no respon9ibility except for the safekeeping anc delivery of Cho amounts deposited in the Escrow Account in accordance with this agreement. The Escrow Agent shall not be liable for a • any act done or omitted to be done under this agreement or in • PACE 3 Q ..F.....y....nw....w -rveYY ~../.»..++^!{~?nyG~'u.`+oK►Y'I«""'ti"'.~?H ~9~6~q i!,'~P4 ,{e~lry?~~r~~~; ~{r~~7~t~j~• ~ r""iFd31. ~ I I l r 1 I F 1 y connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or i willful misconduct. if any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to tLe funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to i i this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretian to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in intarpleader 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 su::cessors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action a is necessary in connection with this agreement, exclusive venue • • • shall lie in Denton County, Texas. PAGE 4 :u ? N~rH. • I ~~i,,~4jy. ~;1nl~.tt~~lli/hriy~g6~.~✓ „~~'{~~t~t+~Ii4'~l'I 1 EY , ~ ~ r !t ~ r is L s 4 '4 ~•>~l t ~3- e p t •1~ ~ r ' ~ j I ' y r ,.f/1, !F rr rl z r~ ~~s+.''2 " , th ?.a ~11 . r ~ -l { ,1.xy,~err..~ Y.t.~' J .t'l~t~:' Hq { 1 ~ . Tr.,i~~riia~'-.:1'1'r:i~"a"+a• 1 t IN WI'rN$SS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of 01 1 19 1 OWNEN CITY OF DENTON BY. BY. ESCROW AGENT By ' ~.tr s1e~. ~b wc- ~1 1 1 i 'I PAGE 5 f ryl !fin l~ . y'0.,F lul jli f[!t ,rll. 'YIM W jt '..fl ~ t. }F r t k~ w 4 i v y, ^ ` i r e ~11 • a 1. ~ f L .1 /J ~ Cl ! 7 11 TIMBIEATY February 9, 1994 1 Mr. John C. Johnson P. O. Box 1803 Denton, Texas 76202 1 REi Concrete Work - Parkln~; Lot Dear Mr. Johnson: I hereby submit thb following bid to provide labor, materials and equipment to pour the parking lot at Lot 1, Block A as described j below. Pour parking lot i, one 181x 18' section One 24'x 24' section Pour one 4' wide x 12' long sidewalk Concrete to be 4" thick with 3/8" rebar, 18" O.C.E.W. j - - - - - - TOTAL BID PRICE $19816.00 - - - - - - Note: This bid may be withdrawn or revised by Tim Beaty Builders if aol; nacepl.e<I :u.1.1s1i9.n 30 dnyn, Any alteration from the above specifications that involves extra cost will be executed only upon written orders and will become an extra charge over the bid price, All agreements are contingent upon str.lknn, accidonts or dolays beyond our control, A Worker's Compensation and general Liability Insurance policy of One Million • Dollars is carried by Tim Beaty Builders. Please contact me if you need further information. Sincerely, • Tim Beaty i 31' k P.O. BOX 68 DENTON, TEXAS 76202 (817)365.2128 , 4 , t' % i ~ h, , . ( r u, T Sri ~ , ~r ,c >t rf rt e~ , r rr urr rA ~?s~:~,kt~T... 4:.trr.VZfi4vCC~IY~LVan,3l4+M1NnwYr,..-n........ 21961 ' Srs PROJECT NO. 9y_a~x f{~ CONTRACT NO. r3; THE STATE OF TEXAS S ~ I)MLOPMENT CONTRACT I , COUNTY OF DENTON S Whereas, tod a Constructio'i Co., Inc. n ~j hereafter referred to as "Owner," whose business address is 15303 Dallas Parkway, Suite 1310, Dallas, Texas 75248 uJ 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 condition to the beginning of construction of said development, a development contract is required to Insure chat 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 1. 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 d f PAGE 1 10 6r1FSM1 ~htVM1 y'' ° ~FIU. irti~~l Tt qz.j~~~' ~Mr I J % i ` I x j Whereas, the Owner elects to make such improvements hereafter set forth by contracting with Austin Bridge 6 Road, Inc. whose business address is 11143 Goodnight Lane, Dallas, Texas 75224 hereafter i referred to as "Contractor"; and y Whereas, Owner and Contractor recognize that the City has an interest lit insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the s CitY, become public property, are properly constructed in accordance with the City's specifications and that payment Is made therefor; 1 WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at concrete Pavine in i The Estates of Borrestridge, Section II - Denton, Texas 1 j ' A i the Owner, Contractor and City, lit consideration of their mutual y . ' promises and covenants contained herein, agree as follows; r 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 3 Central Texas, as amended, and all addendums thereto, and all r other regulations, ordinances or specifications applicable to i PAGE 2 I f t .r.w...s.,. t~M „«r,,.,„p,.~u.1 «,M N'. ~jAt,' ~~i~4`f°N~~~++d.~' ~~''~6''~+., } ~y ~ F -AL J such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspect ioq_s_,_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 E,.igineer 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, f The Contractor shall furnish the City Engineer or his representative with every seasonable 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 satisfactprily 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, r ~ the City Engineer shall notify the Owner of such failure and f may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction it of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 .y » "-".n.i.•..nv.,}w.,~. (hM'l~Y*.!r.'f~`+rrwM:+FNMM4 vr' Mi ~S !"''.T'7} ~~~iyyyy~~T~fi~~ Ic~ I[;6,p F .~.r. k:N kir..r... it _.a c.r.u:. ¢.....x.:. ,a. ~t,f ~~,.'L' .....t. 1, . (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as ` provided for in Item 1,26 of Division I of the Standard Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly { incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any improvements for which the means or method of construction does ~k not, in the judgment of the City br.gin9er, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor, Owner and Contractor mutut.!Iy 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 d dedicated to the public, the following security requirements 3 tl r shall apply, unless the development is a "one lot development," 3 ' j 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 gguaranteeing the full and feaithful completion of the J E~ PAGE 4 31, i e '4 1 j1 I I 1 V 1 .i I li r 1 1 1 1 1 1 1 r 1 l 1 1 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) 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 I Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without excePtion the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (1) a payment bond will be furnished in ar. 1 amount not less than one hundred percent a (100%) of the approximate total cost of the contract cost of the Improvements guarantee- ing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall I ° be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is 450,000 or less,, as determined by the City Engineer, or the Improvements, regardless of the contract v amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in arcotdcr,e-e with (i) above, owner and 1 Contractor .,ree and guarantee that any r.nd all debts due ~,o 2nv nersnn, r{im or corporation having furnished labor, material or both In the construction of the Improvements shall be fully paid and ratisfieu before acceptance of the Improvements by the City and that prior to ' acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, In a form provided by the City PAGE 5 5 _ 1 11 1~;~~ N r.w..a>v ..f .r w..•{r nHywrw•~ Mtr^pwwrr+F!~s~yy~y.i1!YA+MW-+rv ter. t''y~yµ~~,e{c Y {R'' gyp r r~py.\ + y/'!( r a i f1 , r 1 y~ Engineer, skating 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 Sull and that there are no unre- leased i corded liens flied against the Improvements, or land to which they are affixed, t:iat 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 t each of such subcontractors or suppliers 11 that they have been paid in full. (c) Retainage; Final FaXwents. (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 j ~ y price until after final approval or acceptance of the f improvements by the City. The Owner she11 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, a r pparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise • satisfied, wr {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 • V j 1 u r gyyi v t , 4-r, h~i t„ _ .w.w .wT,,.. wT.w adlu qt#+w~r+!??.. "W 7 .T ! . r. , 4 i r , Sri?, `,LL 1V r 1' \ j' liens, claims, charges or encumbrances of any kind, 1~, after acceptance of the Improvements, any claim, lien, charge or ' encumbrance is made, or found to exist, against the j Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien; charge or encumbrance to be satisfied and released or promptly Post a bond with the City in ( the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a i maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all s t- 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. i (E) 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 a.iy injuries or damages received as sustained by any person, porsons or property on account of r the operations of the Contractor, his agents, employees or r subcontractors; or on account of any, negligent act of fault of 1 . i - FAGS 7 r j ! r, I ~ 1. l l to d... .:d.i the Contractor, his agents, employees or subcontractors In c, 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. 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 1 ' action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot developinont," 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 Owne.- 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 I Improvements in accordance with this agreement, the City agrees PAGE g y iIIt lfN~~5,,~{!y~,„q , . is . . . . Sbt , ' r. i Y,~I to accept the improvements. S. Venue and Governing Law. The parties herein agree that Y` this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive r venue shall li 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. 3 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. , Executed in triplicate this, 25th day of March 1994 OWNER CONTRACTOR } LO E ONSTRUCTION CO., INC. AUSTIN BRIDGE 5 RO-U I' BY: BY: Gary Atwo , Vice Yres dent 4 CITY OF D N, TEXAS BY ATTEST: q IFER/fUTM, APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOViTCH, CITY ATTORNEY BY: - A a~ PAGE 9 i '+i/ 1 r r 111 I. ti iF I I 1` Y i 7311 I 1, 5 , 1v.~ti}1'~r, ,~S~ti 4w 1~~I~t~~.~+11 N°~~Yhi~.~ T 1~n ~Sx f~ v •a, .w•u%eVJ.LbIb. ~b,r nth i,, b s3t ~J'~1` G} ~G :i1 ~N` ~.1~~1 r ,S S" .'ti S>tik>~''d FNnY M J.n r,~ P. .a..r..u d, w,r 4 `i 6[ I ,IMINT A" ley Austin Bridge & Road ?u An Austh Industries Corr pany AGslln tkwpe d Road, me March 18, 1994 DOW P*Vtnq DIVWW 11143 OooAngln Lane Oalras Tawas 75229 214 484.8863 214 988-71731M6(rol Mr. Ted Udeh 214 406.8266 (kcowrky - a l Lodge Construction Co.y Inc. 214406.8243(E41"frQFS`- 15303 Dallas Parkway, Suite 1310 Dallas, Texas 75248 Gentlemen: We propose to furnish all labor, materials and equipment to construct, as an independent contractor, the following described work: DESCRIPTION AND LOCATION: The Estates of Forrestridge, Section II Denton, Texas 3 APPROX UNIT ITFM DESCRIPTION: QTY. UNIT PRICE AMOUNT s~ Uncl Street Excavation 9,700 C.Y. $1.45 $14,065.00 6" 3000# R/C Street Pavement 30800 S.Y. $14.80 $53,IM0.00 53000# R/C Street Pavement 9,264 S.Y. $14.22 $131,591.88 8" Lime Stabilization 13,600 S.Y. $1.20 $16,320.00 Hydrated Dime 203 Tons $77.00 $15,+331.00 Remove Street Barrioade 41 L.P. $3,00 $123.00 Clearing & Grubbing 1 L.S. $5,000.00 $5,000.00 Total.... $236,010.88 Silt Fence (I£ Required) 8,400 L.F. $1.35 $8,640.00 Parkway Seeding (If Required) 7,730 S.Y. $0,70 $5,411.00 1 See Attached Bid Qualifications. 1 i 9 , y}}~ ~d 13 , t ~ 1, M1J, 1 df~;`~,\. r-y'~! r*i ',re- ttliiti^9Ji~>'u4'it •..Qri,fY tl'11 \'%lti+,. t i, l,(;:',`~•~ .l ~'41~' e t"' 1 4 e f •if l1• 1 j V ~ \ r 1 1 1 \ dl v 5 I iT'1 IY1~ I 1 U~ J , a r rd iu s 1 t,t 1~, ~ rbe~u 1~ ' r 4kr ~ ' r,, J 1. ~ ~ y,a i 5! ion§.,~F~.,w- k ~~~P ~ r fi d,•i~~. J r.i k 1, FF~~F1iNA.fhtit~aiR.4WAtlN~d~1lWS4NMS1K~1~Ht~.M~~3~{ '~t.`!+{~~~~~1`i17• T ,Y*v ~ ~ 1, t y~~ ~4t , ` AIISI~if Partial payments shall be made on the tenth day of each month for all work completed during the preceding month. Upon completion of the work. final payment, including retainage, shall be made in cash immediately upon receipt of our invoice, with interest at eighteen percent (18%) per annum charged on any amount remaining unpaid thirty days thereafter, together with reasonable attorney's fees and cost of collection, if incurred. Wages paid shall be of the prevailing Highway-Heavy Scale. We assume no responsibility for delays to the work as a result of ' adverse weather, strikes, accidents, or other factors beyond our control, and this contract may not be voided for causes beyond our control with 04 our written oonaent. Your acceptance of this proposal by signing and returning original copy to us withi n daya and the approval by us of credit arrangements, will cone ut a contract. S. ACCEPTED: AUSTIN BRIDOB & ROAD, INC. BY By• • Hioha 1 D. Duoote' TITLE: Senior Estimator DATE: 11143 Goodnight Lane Dallas, Texas 75229 BM REP: (214) 484-0883 OTHER REF: • F C ( i'+ } `r Ili r vti , w 1 ie 1, 1Ci _y ( ~ ' d.. 1. 1 r11 ; 1 . 1 1 I..! r f le ~~ll Aiyr .,;,,.P rc$.:I , uafAauniww•.w,.w,.r„ V :1 RSs :,_fC' I,r2 C,(i.wnj.frd~wnaN,fe~ ' cf, h BID QUALIFICATIONS 2 ,;lid Ailffjfl ~ , PROJECT: THE ESTATES OF FORESTRIDOR, SRCTION II. DENTON, TEXAS BID DATE: MARCH 18, 1994 T';r; Excavation price includes the excavation of the streets & parkways ,•i to .2' of a foot. This price also includes tha clearing of trees in the R.O.W areas. All trees to be oleared shall be marked before excavation begins. If additional tre,a are to be cleared alter paving is complete, this clearing will be done by the hour. Utility adjustments shall be adjusted by the utility contractor. Met- will pay as extra for engineering, layout, testing, pormits & inspections required by City, County, or Owner. These prices based on I move-in for excavation, 1 move-in for stabi- lization & I move-in for concrete paving. Additional move-ins for excavation & stabilization will be $3000.00 per each & additional move-ins for concrete paving will be $5,000.00 each. Grading covers only material on jobsite. 3-' Utility contractor is to clean up his excess excavation prior to our moving on the job and got compaction in all utility ditches. j Manholes, oleanouts, and water valve adjustments are not included in f yid. If required the unit prices will be $285.00 for each manhole adjustment, $286.00 for eaoh oleanout adjustment, and $225.00 for each water valve adjustment. This bid does not include any temporary or permanent erosion control devices such as hay bales, silt fence, or seeding. J t• This bid does not include any pavement markings, wheelchair ramps, r; sidewalk, brick pavers, conduit oroesings, or light pole foundations unless called out in the proposal as a bid item. Items will be measured to determine quantities for final payment. j Retainage will be paid in full upon measuring of final quantities, and acceptance of our work by the City of Denton. l P` l t i , r rover ,.,M.rw«y s e fl,. ti' ul~ q.! r~ fr1iS f•~l~i IF { Zta'A , .is (r.v t 1,( yUa- i i i "1. 'A NdLN d1T~Y.w .v a , 4~ ~ ! rY, 4 ti.+. , d..Yh ~ 4.NMwa( u,~, . ~ . n ' L. r ~ b1.7 ry4 ~b ,w~~iF4~i ~ i ~ t Af>•tin If the owner elects to operate under a separated contract as defined by Rule 3.291, Chapter 151 of the Texas Tax Code, then the contractor may be allowed to purchase materials and supplies incorporated into this project without having to pay the Limited Sales & Use Tax at the time of purchase. The contractor shall identify separately from all other charges the total agreed contract price for materials incorporated into the project. The price for the total of materials and other charges must agree with the tote? figure shown in the proposal. The following breakdown shall apply to this project and will constitute a "Separated Contract" for purposes of complying with the Texas Tax k Code if incorporated into the contract documents. ( STATEMENT OF MATERIALS AND OTHER CHARGES DOLLAR AMOUNT OF MATERIALS INCORPORATED INTO THE PROJECT: $127,000.00 DOLLkll AMOUNT OF ALL OTHER CHARGES: $109,010.88 TOTAL BID AMOUNT AS ;SHOWN IN PROPOSAL: $238,010.88 These prices include all applicable city, county, & state sales taxes d if the contract form is "Separated" as per the Texas State Comptrollers interpretation of "House Bill 11" sales tax legislation, and the tax { status of the project is exempt. If the fore of the contract or the tax A exempt status of the owner do not most the criteria as set forth above, then the owner will pay all additional sales tax required by law. In t this case the material portion of the project is also taxable. The sales 7 tax on the material of this project would be an additional $10,477.50 t Austin Bridge & Road, Inc.'s indemnification shall be to the extent a of our own negligence. Austin Bridge & Road, Inc. shall have no liability for design. This proposal is submitted with the understanding that the owner's credit and financial arrangements for making payment under the contract are satisfactory to Austin Bridge & Road, Inc. . 9 Any contract other than this proposal shall be subject to approval by 1 Austin Bridge & Road, Inc, . N Contractor shall have the right to assign this contract to any other wholly-owned subsidiary of Austin Industries, Inc. provided the contractor shall remian secondarily liable in the event of default by contractor's assignee. t 11 j i l p • J . a PROJECT NO. i CONTRACT NO. _ CONTRACTOR'S PAY14ENT BOND Not ww.YLI 6{ ~C. d THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: { COUNTY OF DENTON S 1 That Austin Bridsre & Road, Tncr of 11143 Goodnight Lane Dallas l Texas hereinafter called "Principal" and British American Insurance j Caapanv a corpo- ration organized under the laws of the State of Texas and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City o~ 1 Denton, Texas, a Municipal Corporation in Denton County, Texas, 1 hereinafter called "City", and Lodge Construction Company, Inc, hereinafter called "Developer", and unto all persons, farms and corporations who may furnish { materials or perform labor for the building or improvements here- inafter referred to in the penal sum of two hundred thirty six tnouaand t n d llare and.88/100----------------- **236,010.88***** ) lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly co be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the • Principal entered into a certain contract with Developer dated { as of the 25th day of Match 19 94 (the "Contract"), a ,F -•rrv.•.~..n r i'~•.`Mr~M r-«.n.+e.MMy'M`nNOM~,*'u.~.. y ry ! A ~r s 11Ya 3~''~Y1~!fk" f ~ 1 3 d; i a Copy of which is attached hereto and made a part hereof, for constructiori of nnnnrnrn Paving imnrovenporG r, o+ia rhp Fara tnG of ~rorreatridA. Inrien ti in r},n City of nant-(M Tn4ng i` to serve PoYriae~, an Addition to the city of Dencon, en on aunty, exas; NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all : claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article S472d, Revised Civil Statutes of Texas, as recodified in Chapter S3, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in, said Co'n'tract, 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 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 obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executfd in tripli- cate, each one of which shall be deemed an original, this the _ 25th. day of Morgh , 1994, PRINCIPAL # AUSTIN BRIDGE & ROAD. INC. d CONTRACTOR'S PAYMENT BOND/PAGE 2 } .....•..»....r--.•.. •i.-..;4r7 uhw..~...r:.w.ywwl~••R•~++.~...w.~ r+, e.°//~~ r t'° \r ?7~,p~ ` '~~ij/, a+~ °M / 6'c 1R r M1 '.i{A'.•:~ tT, r i•~ s f r ? ~ ',r - ~ ' ! ; ~c,~:f~;,•j~ <1~' %I'~~1 ~'4 ~y. '~PF!~; r!'~~~'~tk,~ `V.:,~ ~6~•. Ik;lt.,•,'~/ .,~~Y' , ; . ^X+ •~~~•1t.•1.rll,. ~ ..M s~,,.,,y, 1~~ 1 ~b /r1I < /f. ~ ''L1l r,. ~ik'~I" ,,f fi ~ 5 ~ ,,."J.•i~ ,f r t `t5 it i - ~t' I , Iti !i~}}~+b`•'.,~ ''r~~ -~~,'~,r~, ~ ~ r ~ r ~ '1i.i F. rn~.. ilkr'~. }~`q 1,, ~f~~.0~►~•~.~',u~~,bi49f hA!'Y.u. ~ tq{ +It~ 7~3,'.l !i t 7 _ _ - F ~ Jt .l. rl >i •~,'~~f{ a t;,, V k t t 't % 4 r 'tip o a o L 91L N2 Landing, y 0 / Sec. 3 Ph, B 648- Existing Ground Elevation FW IN Water Tap e S--- 4" Sanitary Sewer Lateral n tl r+ r , ' ~ 1 Street Light z ~n ~ y .o 040" 1UP i ~ Frry y ti+ If' 1 .t ''r 'r r r V CINITY MAP / iWiA1M ~ ~r11 'ti 4f 1:. „mew .a.!• sA*1Y pi ale= seteriel with ~ ~ ~ ~ tM# •j ~ ~ . / 13y All ±~1 eAell' be gtMrlb ~~ieta N I , 11 1" 11 .v" r r.` f OeNkarl L+ 1j ,Ilk l(, f , I y a ti ! v T 1.1c p', ! ',f 1 kaw 1 - 110111 ss sr gwlrtiore r!ver4irq AA+ui inn' Jrr If. s + ~ t r r, l 1 k t .r » r, t` jr4~ ~ r . ~ AA Q / r ~ ~ : ~w ~ , . • ~ Sid ~e .t Oil- 4IN I" Water Tap; See Note C. Now 4" Sari. Lateral; See Note 8 ' i r=te -AZ v t t ~ o 40 ~20'WideDrlyewayCentered E On Lot Line (I of 2) i i i 1,,"f "It 0.52 i ' t~ ry li cl }y w ,a ,k t. 54• Lot 5 n1 ai Existing ~1reHac.k of Curb at 61 Relocate t ~,it1e. See rNo~e A  v . .r L. v .ur, r,v LL w` I „'~t t l'~,J~ I~.I • r W .5 3 w ".104 Cdr NOW $}reet light Location. II' Ai4 s i y ' rl I, min, LL Q D Curve tide t wqlk~ aroound ~ S ti ~ f r 5 '~19ht; ee No-to A, 6 0 Min, r, Min. x u., r Existi~ireet L! ht~.ocotion r4 3 t~'t J r rl ~ ~ti 1 r • I S 'I. l 1 tY'. t 't . I 1 S - tNo tow. 0 54 GRANULAR r~ ~¢ti , =t MATERIAL %R J 1i a4t q,' 4 %L Q W " 1j, >r. i Y};~ y rrej` ` ~ (As Approved By } By 6" Min. 1 City Inspector) 13 A-Cl L0 t' 1_0 t GRADE 4 EMBEDMENT.~~ ~0 and 12 Wide . .,Righl7of-Way Residential Driveway j with North End pt Lot' tjne t NYC -OOP Landing me 0 ,TI0N; Sewer L 1 Cur b SEC 4 + Iv 1% / ..Seblion Four +j1'C 11 ing.) ;2 i9Xi5 ' Q hf d Orlvgway E' . to ~ f r 4y IIHIM 1 tI1PHE ' The Villo9e,' f'hose 4 O I ~n T • ui1~~ IMU 11 UuWI IM r I r ri t t i l , } Motah Grade _ ~ ` ' ,I• ~ ofInlet , @e11 Ave. ,New Sidewalk ` M----~•- End Sidewalk at fix,Sidewpl Sloce 3 ~l~t hI~ 10' 1 ' i L t f r f i14• l ` L.... .r..' wry' W . ' r. ; 10 f L ~Ik f f.l, l r 1 . - - j ~A V o r, D r i v e t.l S f I(1 1~, 1 'll II r } p . ~~~~y~~>'i ~ t~~r~~74~'l II ~ ~ ~M~1'•ti.+.ww.e. i r 1• r r j~ I I I~ l ~ II~ 1 I~ ! ~ I 'f (r 4 r~l ~I .4 9ri~t~s, ~ • ~~~r ~ i~'~~~ ~ I~ ~ ~ f ~ + r r' ~1 ~ sir ~ ~ t. 1 t,,~'-_~ /1,• ~ hi' r~) f Z'd r II 1 I ~~i s ' .11, r 'r ir' rS`~~ k ~Q~ ~ ,1. ~ ~ ~ j, 'L.,~i6 tl r 1 ~iij 11 i i. I•!I .'I' I J I~.'I ~ t ~ ~ f r ~'.1 tt 1i ! yl,l~. 1f 11 { 1~ ,r t II .l 1r ~',f 4 1. ';"r~ I .k II l~r r ~~I i 1,A~ I l ~f ~4 ~~V y 1 I 7 !rti "M,i. a ~t . r~ r '.S y~sr' '4, r 2 r i - V r~_ + r 'tir '..r :f* ✓ r I/ i1,.. , f- r ~''4 f ~ 'i l• '(1 1 1. ~ ~'1 ~ r' r I ~ I'.~ ' i:~ a r v.. ~ r ~j1 ~ ~~r ~ ~ ~ t{y~1 r~, t , ti {J 'ra V*r .j, w ..j a}~~ 1 ' ~t{~jf f 1 X11. ri.. e .Y~ r 1 )x Ilk /'+r'': ~'~~S l r'.~ . ~~'t r..t .~'~•lf, "jt~['~.~~~ jSfi'/n: ~4C ' //}}y)~~ ~ X41 .v+j~,tyt t f n q•• " h ` /j ' ) y) ' 4 S' 1f JI ~ {,l' i L ~4~~,l~~S~J~;°.~ '~,yy'~,~~...~A4-o%W s~y~ !7 IM[sld~l~'1h'~l %RYA'Wl~ir~i l.~l~a~.'► (iNi.l :yt i~'AWIL17•~; - s f j r f , 1 jibe t J r 1 l , y ..!'.Ii:trio.tr kfµywtJf9ec[YA@k6fAt+Yl..cm.-a-~~e. 7 "ri~a~ .:~f. kii~~».vs7~.,L:.a~:1..«~=4v.t.rh .a1~1. 4~~°t1~ Y pls. j.t f1 y'; CR A Y - BY; 5. }f Gary AC o x 11143 Goodnig C Lane p,tg Texas 75229 ress 1 , I I ' L 2 "p 11143 Goodnight Lane Dallas, Texas 75229 A ri SURETY • I 9ECRETAXY BY: (SU ttorney acc 1 aaa5 Trat+a ~f a ~n r bal ress 5204 3535 Travis, Suite 300 real NOTE: POWER OF ATTORNEY OF SURETY MUST HE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. 1 CONTRACTOR'S PAYMENT BOND/PAGE 3 fill r. Vj ~ 1 4 ,Yh f 11 "Jill I , i 1 A 13i9L BOND No. PROJECT NO, CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND hoN NO, THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That Austin g of, 11143 Goodnight Lane j Texas hereinafter called "Principal" and nriMnh Arnnri r„ Qgwa11y- , a corpo- ration o*•;anized under the laws of the State of Tessa u , and autho ized to do' business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto ehe City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter cal, ed "City", and Lode =~+atrufon Coimanv „r hereinafter called "Developer", in the penal sum of two hundred thirty six thousand ten do6l.Aaalr~s and 88/1.00 aw u1Ymoney oy the n ta- tares, tor-•e pay_-in*~ a-23~ neon Bounty, Texas, for tho payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain contract with Developer dated as of the "t~ day of March 1994 , (the "Contract"), a copy of w is is attache3 ar"deco and ma-Ti`a part hereof, for construction Of concrete peyin~_ R inproyer2nts to serve t'ne Estaroa o i Forrest:rid e, Section 1.I in che_ city of Denton, Tex ca ~ to serve Forrestrid a an Addition to • • tie City off' Denton, enton ounty, Texas; I H~Yw aw iw+-~r+1-w.M w..+,q,.~,.4yp•I•rY..o.'cW ley ~g r j~y r~ s l~tt 1) -gyp ~'4 ifi ~_'U•„ ! i . i,.: iti' • ~~1t~U.~,'rkT~(}kT~~y~~y~Jth r~~~'~7~' ~ '4 , Y~~4 ci fi i • yycr ..:(jlr fa..rPy:❑)}nAG~K. nd#4xcwnu. '7.,. .A:i ..,...q Yv '~t~ l r, a NOW, THEREFORE, if the Principal shall well, truly and y 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 Suret he shalati all laims and demands incurred under s uchif Contractl sandsfshall cfully 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 all persons, firms, subcontractors and cororations fuament to rnishing materials for or performing labor in the prosecution o the work { pr6Vided for In such Contract, and any authorized extension or ! modification thereof, then this obligation shall be vold; otherwise to remain in full force and efface. f PROVIDED FURTHER, that if any legal ,-;tion be filed upon this bond, venue shall lie in Denton County, Texas, and the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, i IN WITNESS WHERICOF, this instrument is executed in tripli- one of which shall be deemed an original, this the c ate, dac ag y 19 94. PRINCIPAL --"BZywo l...... By. aPraai ant t 111.43 Goodnight Lane re65J 1 5 d~ CONTRACTOR'S PERFORMANCE BOND/PAGE 2 r. r I ( .aV4fMYiAN nn 7 4. ~1 ~ 1 / i~ rl •;~l 7!} ~4 , i1e ~'y[~~i f ~ 1~~ i1.4. t` . 't I i 4J>7S ? i 114KESS As- 10 MARC 3 Goodnight Lane Dallas, Texas 75229 ress SURETY BRITISH AMF UCAN INSURANCE CGMPANY ; SECR13T BY MZY torney• It It . 3535 Travis, Suite -W Dallas Texas 79204 r a s a WITNESS Y 3535 Travis, Suite 300 Ua11as Taxes 75204 (Address) NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, r c` ` CONTRACTOR'S PERFORMANCE BOND/PAGE 1 « ~ t It Sf f 1 1.t'J 7, t•t 7'i1 r , ri,t rlit~~k~`14a, J a BRrMH AMERICAN INSURANCE COMPANY POWER OF ATTORNEY Corporate Headquarters, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALL MEN BY TIIESE PRESENTS: That BRIE7IH AMmmow INSURANCE ComPANY, a Texas corporation, does hereby appoint; • • • Oeorye Hulsey, Tony J. Jackson, Dawn Knight, John P. Olsaon: of Dallas, Texas . • Its true and IawfW Attorney( s}}In•Fact With full authority to execute on Its behalf bonds undertakings, recootanee and other rat is of Indemu iry sad Writings oRlystory in the nature thereof, hued in the course ot` its business, sad to bind the company thereby. IN WITNESS WHBRBOP, British American Insurance Company has executed these presents z thb 02/ day of 1993. f John P Olson, Presideal STATE OF TEXAS COUNTY OF DALLAS ; On this 11 day ell T 19, before me *and due above named ofRat of Bdtieh American fnwnn» I ldtu Company, to me panonally Iaowu to be & Ind r 1 and o or dewdbad Mre n, and "knowlWo*4 that he exmwW the foregoing Lustunen end affixed the wet of seal corporation Utereto by aulhodlY of his oma. KM IL KQ 7 - Notarybllo In and Por the State of Texas l CERTIFICATE TM sppolntmsm Is made under the authority of the following reseiwlm, adopted by the Huculiw ComrWass of tM Board of Dlesoean of S MIA Afnarkan hmrince Company at a malting held on the 251h of March, 1910, 'RPSOLVED, dart the President dull be and Is hereby Yawed with full power end authorhy to sppoirm any one or mow suiubN panom " Auernay(sphs-Paot to / ropteserm and wt formal on behdf or the Company aub*t to tM folbwlry proviebrox f: I. Anomeylo-Pwt may be awn Nk power and avdtorhy is oudload In the Power of Anornay for and to the tome of and oa behalf of the Company to exscuta, seknowledge and deliver rldellty and surery bonds end other borde, oortmnu of surety, corona to moditioutow of wety oo"If " may be requltW In • the ordinary course of bw(rwa, all notkn and d%witug W octed[inli or temthati+y aw Comgny'e liability tbomodat, and any mucb hmauatente so exwuud by any much AnomsyIMPset doll be bWind upon IM Company as If aped by tM President and a"led sad atuAtd by tM Cor"to Ssereury, t. The fsoelmde signatures of tM of es and the seal of the Company shall be valid and binding upon the Company In do ex"ution, eawAtlon end sailing of any Inwrument iWInting an A:tomeyIr Pack' I, Dawn IWtht, Aulkant Ssereuty of l1rhlsh Am man Irouranot Company, do boreby omify that the above and foregoing L a true and correct copy of a Power of Anornay executed by sold Company, which is mill in force and eff"It amt, NMM . mm , euc rwtlution of du Executive Commits" of du Board of DIMIM, ni ail forth in du Power of Aftomey, is maw in force. t IN WITNESS WHEREOF, I have hereurmo wt my hard and aMxed the seat of Eke eerpontion • No -f•.~_ day of , , f n Mg Secretary lft, A&Awt ^Y'f pw+'^yv M.`•..e.w.uoRw'"~.,1,rf► 9 ,~~;y j p y ` t [~1p' t , ti ~'ti , F ~a` [t~ 1r2` t 1 e l~ l IMPORTANT NOTICE AVISO IMPORTANTE i To obtain Information or make a complaint: Pere obtener Informoclon o pare ecmeter uns quela You may contact your agent. Puede cumunfoerse con eu agent You may call British Amerloan Insurance Company's toll-free telephone number for Usted puede lismar al numero de telefono gratis Information or to make a complaint at de British American insurance Company's pare informselon o pare onmeter une quefs al 1.800.964.4242 1.800.984.4242 You may also write to British Amerloan Insurance Listed tarnblen puede eacriblr a Britleh American Company tit! Insurance Company, P.O. Box 1690 P.O. Box 1690 Dallas, TX 70221.1690 Dallas, TX 76221.1690 Oft OR 3636 Travis, 9ults 300 3636 Travis, Suite 300 C Dallas, TX 76204-1466 Dallas, TX 762041488 You may contact the Texas Department of Puede comunloarse con el Departamento de Insurance to obtain Informatlon on companles, Seguroe de Taxes pare obtener Informacion seers coverages, rights or complaints at de oompanlas, coberturas, dereehos o qun)os al 1.800.282.3439 1.800.262.34311 , You may write the Texas Department of Insurance Puede eecribir al Departamento de Seguroe de P.O. Box 149104 Texas Austin, TX 78714.9104 P.O. Box 149104 FAX 8 {612) 476.1771 Austin, TX 78714.9104 FAX 8 1812) 47$•1771 ~ PREMIUM OR CLAIM DISPUTES: a DSSPUTAS Will PRIMAS 0 RECLAMOS: . Should you have a dispute concerning your premium or about a claim you should contact the 91 tiene wte dispute concernlente a su prime o 0 agent or the Company first. It a dispute Is not un reclemo, debo comunioares con el agents o Is s resolved, you may contact the Texee Department componie prlmerc. BI no se resuelve Is dispute, of Insurance, puede entonces comunioorse con at departmento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: • # UNA ESTE AVI80 A 8U POll This notice Is for Information only and does not ~ ~ • j, become a part or condition of the attached Eats eviso as solo pars proposito de Informoclon y document. no ee convierte an parts o condicion del dooumento adlunto. { . v~....r.«r,.m Jac, /NpM9~% I ♦1 .a..,w.y w+Wr ~hrNaaa¢ptr«~~wav~.w.w'Nt~«i!"~~fM4+"'+,.~t ~ ~ t` i, (,1, I'}y ~~~1~ { 1 t V a rp{ ~r ,i i . 1 Y'Y'," A i J i I 07631, PROJECT NO. CONTRACT NO, CONTRACTOR'S MAINTENANCE BOND saw V0, I -,)wJP (DEVELOPMENT CONTRACT) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That Austin Bridge & Road, Inc, 11143 Goodnight Lane Dallas, Texas 75229 of _ Dallas County, Texas, hereinafter called Principal and British American Insurance Company ~ 3535 Travis, Suite 300, Dallas, Texas 75204 Corporation -or an ze un`der the laws o the Late of Texas li and authorized to do business in the State of Texas, here"1.natter t 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 three Thousand, six hundred one dollars and 09/100---------------- a* 001. BOnarB, aW U 614n@y b C @ n C@ fates, the. sum being can percent (10%) of the total amount of the hereinafter men- tioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, aaministrators, and successors, jointly and severally. THE Condition of this Obligation is such that: x WHEREAS, the Principal entered into a certain contract with q Contractor, dated the 25th day of March , 19 94 , in tho proper performance aT which the- •ty o entor., Tea, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: J Cmicreto paving hyproveinents to {j,Qrve T Es =.'s of pnrr_r_q~rid 7 ` Section li in lie City of CONTRACTOR'S MAINTENANCE BOND-PAGE ONE y•~ w,4.Y ✓ rh 1 Y YI!wfMMM~YI~PY1W w•sMiJMI~MfFI1~+h ~ f pilM "~f"*\. ~T <'rt{; • rtC+~ fii s' s{V~~jri.f"1 h~~1$ l}~i! a~~~uf tS4 • / `1`Y-3.14 •w}✓. i<Y fY~, , g ` ' , NOW, THEREFORE, if the Principal shall we 11, truly, and faithfully maintain and keep in good repair the work contracted ` to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all ,s necessary work and repair of any defective renditions growing out of or arising fr(,m the improper work of the same, including, but not limited to any settling, breaking, cracking or other fi defective condition of any of the work or part thereof arising from improper exci.vation, backfilling, compacting or any other 1 cause or conditirn, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in £uil force and affect. 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.adid Principal and Surety on this obligation. It is further agreed that Chia obligation shall be continuos' one against the Principal and Surety and that successive F recoveries may be had hereon for successive breaches of the 1 conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall -not be changed, diminished, Or in any manner affected from any cause during said time. PROVIDED, further, that i legal action be filed on this bond, venue shall lie in Dento.. ,unty. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 25th day of March 19 94 PRINCIPAL SURETY AUSTIN BRIDGE & ROAD INC, BRI ISH AMERICAN L1'5URANCE COMPANY By BY: twoo , Vice roe ant' ATTOKNEYP FACT CONTRACTOR'S MAINTENANCE BOND-PACE TWO ; / MY~...Yr.YM I 1 •M~M#G. 11 Ctf rt f r,.` d , ,~'t+~~+`'' ,r, R! nti. gyy5y{y.V;JI. 4 h i9~.~ • ~ 1 1 ♦ t i!f f4 ~WA~ ,r ..Ia~S~k.23c.aahh.~Yr~uhRCe~GilMSrsaw.~._. ~ ! ~1 >L~~ x .'-,'ti .}.1~N~~i,. .rr~i~~~:t &:..C4+~:~i'...;~ks 4; `''V~3`~C'~~Y.k~y~'``~ai(w~~`!a~ .~4y~ apt ~f' h' 11 c~I'1 1 NOTE, POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: ! <~72- '~~w~ rs~Css r, r 1 l~ ';Yl CONTRACTOR'S MAINTENANCE BOND-PAGE THREE ; 'i f ..cam,. ' rA • BRITISH AMERICAN INSURANCE COMPANY POWER OF ATTORNEY Corporate Heedgwrters, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALL MEN BY THESE PRESENTS: 3 That BRITISH AMERICAN INSURANCE COMPANY, a Texas corporation, does hereby appoint: Oeorgo Hulsey, Tony J. Jackson, Dawn KnlShl, John R Olwont of Dallw, Texas • . • Its true and iawflal Attorney(e))•in•Pact with NII authority to execute on Its bobalf bonds undertakla=s, roeo$Wnzoe and other contracts of indetuetty and WrJtinss obilliatory In the nature thereof, Issued in the cause of Its bustnew, sad to bind the company thereby. IN WRWMS WHERJ3OF, Britlsh American Insurance Comjuny hat executed these presents this oXy day of 1993, 1 opt-,-~.•.--, John P. Olson, President y STATE OP TEXAS I COUNTY OF DALLAS 1 cot On Nis~2/ day of , 195Y. before eve acme the above named officer of k" Amecieaa Wunnes Company, to me peteonelly known to be the indivldud and o er dome flb Mara, and ackno*W#W that he exeeuoad & fore" Instrument vent affix" the led of cold caporad" iii Memo by authority of Ids office, Y KA"I R NAIL tKnMtlga ovsw Public In and For the Sate of Texas my 1, 1110 Notary CERTIFICATE no appolntsswnt b mods under the authority of the following resolution, adopted by the Swudve ComndlW of rube Board of Dircews of WIlib American Insurance Company it a meatiq held on tiw 13th of March, 1950. •RBSOLVED, Nat the Awaldent shall be and to bereby vested whh full powr and authority to oppolm any am or more anltabte persons as Aaorey(o)4wPsct to i represent and cot for and on betulr of IN Company subject to Ne following providont r 'ql 1. AnorneylaPact may be given W power and wnhorhy as outlined In dw pOwec of Ammey (of and In the Mme of sad on behalf of the Company to execute, ackmwlsdys and detlwr ,Wdtty and wwy bands and other bonds, satwnte of surety, GOMM b MW160MIW Of 10014y 460M18 40 may be flAlklit0d In d , the Mowrycourse of budnsw, an nockes and docummte cenaiiag w tendoadgI; the Company's IlabVIty thswmdar, and may such leemvmacoe so axaoused by any ouch Ammyln•Pecc dull ha binding upon 1M Company as If dgacd by the P ""m and waled and accosted by the Corpse" Swrstary. 1. TM faaatmlk dgnewres of" oAtoa and the eacl of the Company shell be vatW and blodtng upon the Company In the symulloa, swouttlon and coding of Any Inemoerr oppolneins an Atbmey-ItrPwt,' I, Dawn Kral{ht, Assistant Swneryof British American Inwnnce Company, des Mnby aKityr thu the above and foregoing Is a trw and corroat copy of & Power of Attnrey executed by cold Company, which to mill In force and efloon and, hmMrowe, the rnoheten of the Bmtowlw ComnWas ortha beard of Direetore. a set forth la No Power of Attarey, Is now in force, r IN WtrNFMS WHBRP.OP, I have hereunto cot my hand and sfnxed the seal o(Ow corporation I Dawn Keljj t, AQAut Secretary , I a-.. _..~-+..++w.aa ,_i, ~eP wY"- ..,y wt+e.»...oq,.+.•«,W,«w wrnF wi+.•..,.w _ 1 C ~ v r ! 1 ~ ~m ~'~'1~,~~ Q ~t~~ ~ i V'. , ~ ,~~i , • r - ~1;$fp': fb"i,~tf73~`i{l:fr'd~ft';` r' if , , tiB f tile. I j I { IMPORTANT NOTICE AVISO IMPORTANTE To obtaln information or make a complaint; Pare obtener Inforrnaclon o pare eometer una queJa; You may contact your anent. ' Puede oomunloarse con au agent You may cell British Arnerlcsn Insurance Company's toll-free telephone number for Usted puede Ilemar al numbro de telefono gratis Information or to make a complaint at de Brltleh American Insurance Company's pare Informaclon o pare eometer una queJa at 1 1.800.964.4242 1.800.8644242 I j You may also wrlte to British Amerlcen lneurance Usted tamblen puede escriblr a Brltleh American Company at: Insurance Company: t P ,O. Box 1690 P.O. Box 1690 Dallas, TX 76221.1690 Dallas, TX 76221.1690 I OR OR ;j 3638 Trevle, Suite 300 3636 Trevle, Suite 300 Dallas, TX 76204.1468 Dallas, TX 76204.1468 You may centdot the Taxes Department of Puede oomunlcerae con el Departamento do Insuranne to obtain Information on oompanles, Seguros de Texas pare oblener Informeolon scare coverages, rlghts or complaints at de companies, cobartures, derechos o quejse of 1.800.282.3439 1.800.262.3439 You may write the Texas Department of Insurance Puede escriblr el Departamento de Seguros de P.O. Box 149104 Texas Austin, TX 78714.9104 P.O. Box 149104 I FAX N 1812} 476.1771 Austin, TX 78714.9104 FAX p 1612} 476.1771 r i PREMIUM OR CLAIM DISPUTES: D18PUTA8 SOBAB PRIMAS 0 RECLAMOS: Should you have a dispute concerning your ii premium or about a claim you should contact the 81 tlene una dispute concernlento a su prime o a agent or the Company firet. If a dispute Is not on reolemo, debe comunloerso con el agents o Is resolved, you may contact the Texas Department companle primaro, 81 no se resualve la dispute, of Insurance. puede ontonces oomunloarsa con at departmento ITDI}, ATTACH THIS NOTICE TO YOUR POLICY: UNA 887E AVISO A SU POLIZAI • Thls notice Is for information only end does not r M become a part or condition of the attached Este evlso as solo pare proposlto de Informeolon y i document. no se convlerte an paste o condiclon del documento adJunto, j I .i J 1 1,T!".Syt ✓ 34 • nin ,:..r.n.r. ,..A~,ase.w~;WT;RAW«Yew,wl~d4,3al1,ASIANAW.yMuw~„tl4.,,T»;h,Abrf.i,YWf4kk N, I . R . , , MlUf DATE IMMIQDIYYI O , r, 03 25 94 PRODUCIR THIS CERTIFICATE Ia ISSUED A$ A MATTER 0 INFORMATION ONLY ANDD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 0018 NOT AMEND, EXTEND OR ALTER THE COVERA09 AFFORDED MY THE BRITISH AMERICAN INSURANCE CO. Lea EaLOw. - 3535 TRAVIS COMPANIES AFFORDING COVERAGE SUITE 300 DALLAS , TX 75204-1466 COMPANYA BRITISH AMERICAN INSURANCE COMPANY LETTER COMPANY 0 ' LETTER i IN/URlD AUSTIN BRIDGE & ROAD, INC. COMPANY`. LETTER P.O. BOX 1590 COMPANY DALLAS, TEXAS 75221-1590 LETIERD COWANY E i LETTER "Y a .ill( :µ2i t7;. A a I.. Y "s: 55 .td "..Ji. . . S.~•%sA5`'tHY~'"rtlt`... ' A .4 t},. v S. THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED PBLOW HAVE BEEN ISSUED TO THD INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOW/I TH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY PERTAIN APPO DED BY S' EX O6RTtPCATG MAY BE CLU810N8 AND CONDNUONS OF SUCH POLICE S, LIMTS SHOWN MAYRHAVE BFF'N REDUCIBD BY DESCRIAIDBC AIMS 8111 IB BIISJBOT TO ALL THE TERMS. in TYPE Of INLIiFIANCI POLICY NUMIIR DATK (M U06nY)f OATO IMMIDONY) LOTS f f OfN1 'OINIRAL AUORIOATI ' / - COMMARIAL OINSRAL LIAIiLI/Y PRODUCTS-0OMPH)p A00 2,000, 000 r COMMERCIAL Y X CGL-0104294 12/31/93 12/31/99 PERBONALIADV,INIUAY ,12,000,000 'LAN' MAOQ}{ L000A, 1, OOO / OOO OWNER'S! CONTNAOION B PROF: EACH OCCURRINCE Ii/OOO,OOO - FIRE DAMAGE (Mv on$ 01141 4 50,000 MED. WEN81 P{Y 0% WOON61 000 AUTOMMILI LIABILITY : COMEIN10 SING LC ANY AUTO CAL-01.04294 12/31/93 112/31/94 LIMIT 1110000000 ALL OWNID AUTOS : BODILY INJURY 1 , BCH EDULRO AUTO$ I (Pot Mrwn) X HIRED AUTOA BODILY INJURY 1 NOWOLWMD AU T04 I : (PA, mol mml) i OAM01 LIABILITY i PROPERTY OAMA01 1 - 1R0I12 LIANLRY EACH OCOUAMFIOI I 1 CI UMBRELLA VOPV A06ORIOATE WHEN IRAN~UMARELA FORM ' WORKIR7 COMPENSATION STATUTORY LIMITS 1 = , ACCI AND WC-0104294 12/31/93 12/31/94DIAEABIPO ~"-POAr LICY LIMIT 1 1 5000000 000 IMPLOYIM' LIABILITY 500, DIONA41-EACH EMPLOYEE 4 qAA AAA OTHER DIICRIPTION OF OFIRATIOMILOOATIONSIYfHICLIMPICIAL ITIW ALL OPERATIONS OF THE INSURZD-TX REI ESTATES OF FORRESTRIDGE, SECTION II, DENTON, TEXAS f}, 5 , -ly • "4..,p,1rt 41,4' ~~A bfr• ; 1'i4i.{r,`(~~.~%. _ ~ S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DEPT. OF PUBLIC WORKS MAIL 3Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDRA NAMED TO THE 2125 E. MC KINNEY ST. LSPT, BUT PAILURC TO MAIL SUCH NOTION SHALL IMPOSE NO 09LIOATION OR DENIPON, TEXAS 76 0 21 LIABILITY OP ANY KIND UPON THE OMPANY, ITS A0EN7 OR 116PREBENTATWE8, I AU1NdNIfO MPMIlNTAiIYI u_._....`.~W~ y,..w ,s.w.. ;f.X~wro.a•.rw7n..~..++-M •Mi.AiMMw!t..wu - 1 (1Fiffv(Alr j5,~41T1'i. ~..5 1 q '~1{+ f *!R' j { ' r i 5 f S J' ' ' dr > gf r tSyr' ~ •'aa~4t'5'h7Y'Yti1C~lUfi~fVt7rldaliri~iarm6.+.~.i'.'.te,~~ ' s r~ r Ls'jJ 'rf~j s,+,. GY , a p~Opo400QOL~~~O ` M ~ s I 0 H i~ Opp ` ~ '~4p0006QQ0~ r 1 H f' l: l r r , i .T <r'Y S,t .`k i 1 r •mbjL;w4+t{,,-Sl•etrt:. .,..,:.•.a.....».» ~...r ~.a:.-:u ...aalr:n. AAAOOD97 PROJECT NO. CONTRACT NO.,4_ THE STATE OF TEXAS $ DEVELOPMENT CONTRACT r~ COUNTY OF DENTON $ r, Whereas, LODOB CONSTRUCTION COMPANY k hereafter referred to as "Owner," whose business address is _ 15303 Dallaa Parkway. Suite 1310. Dallns. Texas 75248 j 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 thl- app t i c able ordinances of the City of Denton, hereafter referred to as llcity"; and whereas, as a condition to the beginning of construction of i ' said development, a development contract is required to ensure that sill streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the City's specifications, standards and ordinances; and (select applicable provision as follows) l knereas, the owner elects to construct the Improvements i ~ without contracting with another party as prima contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall moan the Owner as named above] or 'T' P {!~h'`YKY. ~L~y{ ,.~p all 1 r { r ~r 71M1'Mv`Mi~i~r`+T>YS#7,'7~i ,l 4 r > y~S. y .,.',...1.~,~[b,uc7:I YoEtkl wdnkm......... 1i .~..aL •w.vr .w.Fr.t...7...y.....~.«..w~.:,.~~J.~.....,.._.-..:. :w~...w~.1iJe. v © Whereas, the owner elects to make such Improvements hereafter set forth by ,contracting with JAGOE-PUBLIC COMPANY y whose business address is I j t; P,Q. Box 2" - DENTON, TFCA9 76202 hereafter referred to as "Contractor"; and 6 Whereas, Owner and Contrretur recognize that the City has an i interest in ensuring that the Improvements subject to this i agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by y reference, to be installed and constructed at Thu _Estate" of Forroetritiuea $action II, Donton, Texas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follower 1, ~Qyenants of Contractor, Contractor agrees as follows: (a) Snecificatjal. To construct and install the improvements in accordance with the procedures, specifications and • standards contained in Division II and III of the City's Standard • Specif ications_ for. P bl c. Works. Construction, North Centr&1 Texas, F as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such l PACE 2 4wf•+MI'~ i, , h, /'~j a ,rf R w"MhN!^r t~ hrt', ' 1 f . , r us ~.(hYr4.{k Y.h i:~t.iL,ErKVEnY... ._1...a.mw nqw~.. rrtia4w-.f+.+..a'.`..~...•,i+.i..hbr. r~Ska.wJ...-,nrL.n..krn.~M11W t specifications, standards, regulations and ordinances being i ~r expressly incorporated herein by reference and being made a part of the agreement as though written herein, s; (b) Authority of City Enginegrr Insggctton•, Tests and { 7 Orders, That all work on the Improvements shall be f rcormed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative, The City Engineer shall decide all questions which arise as to the quality and acceptability of 1 materials furnished, work performed, and the interpretation of specifications. The 7:'rntractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining ff' whether or not the work performed was in accordance with the i specifications applicable thereto. Any work done or materials used t: without suitable inspection by the City may be ordered removed and replaced at Contractorts expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or i replace, if so directed, rejected, unauthorized or condemned work f 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 I obligation under this agreement to approve or accept the Improvements. PAGE 1 N .~wr.r.4k.•vJ111R1V r.,rry. I i ..7 Fh l~ ~ ~~(1 , J,b,fr i ~Y ~ ~ 11 i, r i. ..-»..Hw'...f~~..rl'Fp Mnlrfw`rryiW!7'rL~'pMti"^S4Ff'tt el'~:t M Y✓µ, l~~i~b~'J~!1~.'V'fh: 7's'A'7`i',WlN2+;9~ 1)..! ykJ, f~~'7k+'Y at q 'f.1 , , . , J 1 4: ' ' - r:. ? Ir......, wr4wew14.NMtA1H •f }'a . • F 1 1 1 (c) IIlEl1I~lLr@. To provide for insurance in accordance with I r; the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the StAndaard Specifications-for (public works Construction. North Qfi_ntrA1. Texas, as amended, the P provisions of which are expressly incorporated herein by reference] provided, however, for purpose of this provision only, "Owner," as o- ~I used therein, shall mean the City of Denton. -z , { (d) Means and Methods of Construction. That the means and methods of construotion shall be such as Contractor may choose] subject, howf,ver, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual covenant&_of owner and C ntractor. Owner and ( Contractor mutually agree as followsi (a) perfc qg Bonds., Escrow kgreement, That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the i! k • t.' development is a "one lot development," as defined by City's Development Coda: a } (i) a performance bond In an amount not less than the amount necessary to eomplote the Improvements, as determined by the City Engineer, shall be submitted • guaranteeing the full and faithful completion of • • the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorLxed to do business in the state of Texaap or, PACE 4 ~ a r... ~ iM{~ia1•+a~d ~e. 1++w4ia~r.urw4.~.~~Y1 ~4~''~~ll r~el~~~~~)~iiT~~~l'4~i~)~~4TV 5.~ It` }~~~P V~ ~(d~~i'~~~.~~~ ~ ~~~4 1 y..•.;lo..rm r¢nr4 . .u r..ae w. _ .r .nnr. rl"L r (11) tif the cost of imo building permits completing he reImprovementa, at quested, is t in an ! amount of $5U, 000 or less, as determined by the I City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may he deposited with a bank az i escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City',,; e.tcrow agreement form shall be used. ! (b) paymftlt Haridr 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 (loot) of the approximate total coot of the contract cost of the improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shale be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texasr or, (ii) if the total contract amount of all Improvements is $500000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defiled by Cityfs 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, matori.al or both in the construction of thra Improvements shall be fully paid and satisfies! before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, • tho Owner and Contractor shall furnish a written j affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreloased recorded liens filed against the • Improvements, or land to which they are affixed, • that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all . subcontractors who performed labor on, or supplied PAGE 5 ! .r..r..... ir, ...-~+~a+! ~ 1 w.rwa a.MUMU4iNC►Mtlp/M - +.+.r 1.N1.7w7 ,wLM,r~ 1 { rj: 1..1 Iii ~4 ~~~~+~~M } Cl~~ YI"ryTi f d,pLI L I it I lr , 1 r 1 t I 1 I .P'J; r.due P9,.1`r sn1 ' I _....,...Nr ruwwl.+.. '.c1i.+.. rw..r... `,..,.d..... :~r... r. _.6F ee t r material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they y have been paid in full. (c) Retai a~ aei FIpj pavmen @. (This provision (c) applies F only where the Owner and Contractor are not he same party.) That S as security for the faithful completion of the Improvements, t contractor and owner agree that the Owner shall retain ton percent of the total dollar amount of the contrast price until after final approval or acceptance of the improvements by the City. The Owner Mall 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) Enguiptrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance i' of the Improvements, any claim, lien, charge or encumbrance is 1 made, or found to exist, against the Improvements, or lrnd is dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by tho City promptly cause such claim lien, charge or encumbrance to be satisfied and released or r promptly post a bond with the City in the amount of such claim, 11~ j I I PAGE 6 ~Ifl. .iar....ww.,.ua+vanmraMrn11rt1~tPiY~PMM ~.f ~ ! ? ;I~Wh~ 7' :~;.}l dlf It' }l. ~~Iw1r il'.~t~.~~~,r~,j~~f'!I±i 4 , ~t,:~ a'' ;i~r,. J ~f l 1 1 , 1 i I % r 1;. i. , o,,1 , 1 v V yi` r i4r~t l J - t~ . ~d 1 `r .e rl.lt/}t/I~i}:'iS d4'dYiiN uwr .a , S.t.6d .i...r,.YUU ,awelaaaF ii•~u.+J..a.....:.t. :.EI:.IGaLi.~.}.:r. ~w .-w r+...iw,a);,w I lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance, (e) Maintenance Bond, That prior to approval or acceptance , ' of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent .110%) of the contract amount of the Improvements, insuring E . the repai.r and replacement of all defects duo to faulty material j1 and wor),,manship that appear within one year from the date of acceptance, The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in i the State of Texas, (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any parson, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors) or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction Il • of the improvements) and shall pay any judgment, with costs, which k may be obtained against the City growing out of such injury or I damage. (g) Agreement Controllina, That the provision of this Y agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the improvements. PAGE 7 >un.ww,...wa„w.aa~ r •r. _ 4 N, Al 7 r :-'t ~nr' .its aM<'-+a1 1~'M ''j"r4A+M,"1Ft~t, y.ii 1~s•~ ,J ,'F pr, Va ^ \ ,,~1 ,L .~~6, , IL ,xl CI 1 1 1 f.-! e r , I rY VM%%ffA„1'^ twr'~ft`P ,.r , aw i ~A'-. t.A.)SUVEx `[!„ily, 1.VAN,NW4rte....r. > ratu~iMra.We:aar.cobl~.~a~..w.J~.~.+f . ~~..i.,. w~f .~a+Mi~++.•- f r . , 1 ,r I 3. =unangyl one Lot J)evelonments, Owner further agrees as follows! (a) That owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy, (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no } performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner d shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4, Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to r ' accept the Improvements, t S, venue and Governing Law, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therawith, exclusive venue shall, lie in Denton County, Texas, The terms and provloions of this 1 contract shall be construed in accordance with the laws and court tf decisions of the State of Texas, 1 ` PAGE A rY n~ L ~)1r{~ S r1 I n .ra..,.,....ws....o.'aaMrrweMdrMtss~11M~►. .,J 4'~ ,yp •t~' 4 i ! r~, ~ ~ ~f~ x ~iklb• KMRMLMSM y M i Y 1 11 1 \ ( j1 1' ( v {~~J '(f riy~ ' ~\a IY s} 4tf I^~<n' 7t i 1 I~~L~fl 1 S~II , v~~o, ' 1, 4 t err , Sj t5!~I~T tb~fi Irv n r,'y :',^'etX~.~.~'~helslirel+.wn~+llhJ Wtrww(~..'?,a+~~` E Succesaor and Aseiona, This contract shall be binding upon and ..re to the benefit of the parties hereto, their respective t f successors and assigns. Executed in triplicate this, 18th day of March , 19 24., OWN CONTRACTOR Lod C sCruction Company Jagoe-Pubs is Company \ V.- Pros.- Pinancn 1. P.' CITY OF DENT N, TEXAS T NANAG ' R ,I ATTESTt J 7 I TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM] DEBRA A. DRAYOVITCH, CITY ATTORNEY HYl ~A 1 I}Iy. x `h Ir i \ r 1 a ~1, f ( a PACE 9 Irf 'I , t n2'i~ r,~ y t i Y % JAGOE-PUBLIC CO. HoI Mix AEPhall Prod uetlon, BNex 8 Aob ConxVuctlon j , Since 1923 ' &AC3020H.WoitliDt. P.O, Box 250 Denton, TX 76202 Main #(817)382-2581 Fax * (817) J82.9732 { TO: The Estates of Forreslrldge, Section II DATE, 3/ 17/94 We prupuse to furnish the necessary labor, material, equipment, aria Incidentals to construct the following work. Description of work: Fidmig, drainage, water and sanitary sewer 1 Improvements. Location: The Estates of Furrestridge, Section 11, Denton, Texas Quantities and prices: l d" Class III R. C. P. c- $30.75%LF 197 LF x $30.75/LF $ 6,057 75 21" Class lu R. C. P Ca $34.70/LF 849 LF x $34.70/LF = $29,460,30 24" Class III R. C. P. Cv $36.0(j/LF 304 LF Y. 006.00/LF : $10,944.00 ; '17" Class Ili R. C. P $40.001LF 379 LF x $40,06/1-F : 15,160.00 30" Class III R C. P C-'644.00hl` 195 LF x $44.001Lf = $ 8,58000 33" Class III R, C. P @ $50.00/1LIF 320 1.F x $50 00/LF : $16,000.00 36" Class I I I R. C, P. 4 $53.00/1.17 300 ff x $53.00/1-F = $15,900.00 42" Class Iii R, C. P. w' $67.00/LF 200 LF x $67 001LF = $13,400.00 54" 1 111 R. C. P c~ $96.004F 660 LF x $96.00/LF z 163,360 00 Remove Ex. Type 'C" I•Idwl, Lump ;urrl = $ 32, 5,Or i headwall Type "C" 4 $465.00/CY 1.4 CY x $465.00/CY = $ 651.00 Sta, "Y" Inlet w' $1,710,00/Ea. 4 Inlets x $1,710,00/Ea. = $ 6,840.00 10' Inlet v $2,450.00/Ea. 5 Inlets x $2,450.00/Ea, = $12,250.:+0 6' Inlet 4 $1,710.00/Fa I Inlets x$1,710.00/Ea. 1,71(1.01.1 j 4' Inlet cw $ 1,500.00/Ea. 3 Inlets x $1,500.00/Ea. 4,500.00 Pipe connection ca $325.00/Ea. 7 Connectiuns x $325.00iEo. ='L 2,27500 6' Slorro Sewer lunhulu ~ $2,500 OO/Ea. I Manholes x $2,500.00/Eo: $ 2,50000 Trench Safety Lump Sum 6 2,250 OO "V" Ditch 4:1 Star Slopes ccr $2 (+0; LF 7-10 510t' Slopes x $2.00/Lf $ 1,46001) Erosion control Lump Sorn k 7,`501,0) Julictfucl hole ta' $2,000 00/[o. I jurictlun Gus; x $2,000.00/Eu. :,000.011 IR r' 6' 6' •JuntUDil bvrc w 121500.00/Ea. • 1 a I Jclncilun c;ox x Cu/Ee $2,500 Total arnuunt End for Drainage Improverrlenls z $'221,6430'r Page I of 3 Pagen .i 41 `Ir I w...~~ N,Yrca.n'uNaYMA .h... .1. . Y ~.+"N.+Y+wMkM~ 4 ' SrS ~tx(•1 ~1 tr''~ ~Y ~Fldi^1~~~ 1+ : ~r ,1 t•..1~J r rr,tt r S ~ 1 ' '1 se n4^ .yrw.r..rr++- 'F.w r•'. eft:. , .ir WOO 92 r. ll ` r 1 tky { fr ~~.t. ~P i4o it, . rr ..1 ra v.b .r~ J.r. dnrv.<Asw4S,. !<ie rn.i+dd ~6i. s.a w.5.. 7.,S~.t4r~KUN.i N.weW Aukr^ , 4 s ~ 12" PVC Water Pipe co $24.50/LF 755 LF Water Pipe x $24.50/I.1' = $ 16,497.50 6" PVC Water Pipe it $'17.00/LF 2,337 LF Water Pipe x $17.00/LF ~ $ ;f9,729.00 Cast iron Fitting C~ $3,200.00/Ton 0.67 Tonx x $3,200.00/Ton = $ 2,144.00 12" x 6" Crossing @o $425.00/Ea. 2 Crossings x $425.00/Ea. : $ 850.00 ! 12" Plug 0o $85.00/Ea. 4 Plugs x $85.00/Ea, _ $ 340,00 ' 45 Degree Bend w $1 10.00/Ea. j 2 Bends x $1 10,00/Ee, 220.00 6" x 6" Tee C- $160.00/Ea. k 4 Tees x $160.00/Eo, 640.00 I 90 Degree Berg 0 $ 1 10400/Ea. 1 Tees x$ 110.00/Ee. _ I I O,GO 12" Valve $760.00/E0, 2 Valves x $760400/Ea. = $ 1,520.00 6" Valve o' $400.00/Ea. 9 Valves x $400.00/Ea. = $ 3,600.00 Fire Hydrant Complete & in place 0 $1,000.00/E8. 4 Hydras is x $ 1,000.00/Eo = $ 4,000.00 I 12" Conn. to exist line rr $225,00/Eo. I Connection x $225,0VEo, - $ 225.00 Services co) $535 00/Ed. 47 Services x $535.00/Ea. : $ 25,145.00 2" Blow-Orf 01 $480,00/Eo, 2 Blow-Offs x $460.00/Ea. 960.00 Test & disinfection Lump Sum = $ 500.00 Trerlr h Safety Lump Sum = $ 100.00 Erosion Control Lump Sum = $.._..UKLLIt Total Amount Bid for Water Improvements ='G 59,080.50 ri 6" PVC Sewer no $27.00/LF 1,370 LF PVC x $27.00/LF $ 34,290.00 4 - o' Dia, Manholes Cip $1,200,00/Ea. 4 Manholes x $1,200.00/Ea. = $ 4A)10.00 Services 4 $800.00/Ea. 47 Services x $800.00/Eo, 37,600.00 Drop Connect to exist I.1 H. Op $2,675,00/Ea. I Drop Connect x $2,675,0u/Ea. 2,67 5.00 Concrete Encasement 0, $16.00/LF 50 LF Encasement x $16.00/LF = $ 800,00 Trench Safety Lump Sum = $ 2,550.00 Testing Lump Sum = $ 650.00 Erosion Contrul Lump Sum $ 500.00 Adjust Exist. Manholes 00 $400.00/Ea, 6 Manholes x $400.00/Ea, ' Total Amount Sid for Sanitary Sewer Improvements = $ 86,265,00 Total Amount Bid for Storm Sewer, Water and Sanitary Sewer Improvements : $406,988.55 Page 2 of 3 Pagoa t ,.r+~N+." t a„rw Yknhe.~wwrNUMi~~!K~irv gp ' { j~~+,p~~y,~~i , t »~,•n 'q `;~1i 4 ' * t y 1 c S < ~'"v r~ u:' .t f, r r, > ~rv'.e-':` at vr' ti x +r r _ t r 3! s j py AY Ayn q ly r~. »v J i 1 1 F 1c , 1 C r a h'f r>W~R~, j , ..`ir 1 i ' 7(iv 7 r e ~ u p7 rr~'i~~ ~rr+~~,• ~N^r l° Sy~Yf~ i v~; \ F§~' ,~,rk ihry L , ~ i i,r, 'r5"i 54~ni ~ L t'V+~~+ r r rs jjjj f ' tit +i '/1 , ',r°Z: ~r r 1~~ 11 1 ~ ,'.rY r vlW~~tr;t~li y~f'.~ ~4t{a. +f~~+j N ulff'jt1T4 ~:11r'... ie .r i ~ '+f•.i 'r s r 1{ . r v 7 .vE' 1~f1 ( }r 'rclru'~.E., ~r 4 } ~3{ 1'r(°~~ ~rt ` 7 ~ r ` iytr~t ~ iNlr +1 IC i+r'V i'9~~, ex .~,t ~ S't~..,\ ~*r~r+~~~}'F a~.rx ~l{~~)~`}r ♦N> ~~t~R '~~rl 'r ~'f iF~~~,r A~'~dlll~~I ~i'f,~[.~ + i i 7;~ tt v: r i ~r r t^~ :yifJ:.,B¢~3i~.Y(6`~SA~i'.~s~(t~l-~r?+nkUVMAQiS+:4~ hfVk24N~'It~t,v.~tSv~~;, iSI'IS.,wwn.~alr.J:•vX~A ~A~W~~~i"~ • u. '4;• lh~ r t r < 03-24'-1994 10 03N-1 FkG9 LO-Lrri H10 Pi. rl'f rXllTh'>:' TO I'ITA TED ZALCH PIN For your conveuietice, the- ,;bo ve floAntiUes have been estimated. t 5 However, this proposal is on a unit price basis with payments to be made on the actual measured qu%ndiles of work completed. ' This contract will be puid hi two Installments: 1. After completed work pleb idt of the material on hand for the ° uncompleted portion has reached Fifty percent (5096) or more, an estimate will he prepared. This amount shalt be paid within 10 rr, ' days after being submitted. l 2. The second and final installment wi l include 100% of 0 work done F' as per estimate and will be paid wltltin 10 days after all Items At have been completed as prr pliuil and apeciflradons, All estimates not received on due dates 'Ihall heal' interest ft m due date until date ret8lved at 18% per unnum, or highest legal rate. It is also agreed by both parties to this agreement sre a items installed under this proposal remain the property A of the contractor until the contractor is paid In fall, This proposal is also based on all engineering, grades and allgtttnents being furnished by the owner, together with all necessary perralts from the ' City, Countyr, State or other Interested parties. Your acceptance of thilt propovI by siping and returning one copy to us within (10) tell days and the approval by us of your credit and arrangements to pay, will constitute a contract between us. This proposal s~f is subject to coacdJaidon If a National Rmergency or other activities should t« cause mat!!rWs to become unavailable. A (Owner) JACh1.IC Cq, on tor} a. 1 E by. Inds line: EV~R~, Rank Rd, Hare: A. that each party shall be responsible for its own legal fee, howeve r Dr Contractor shall carry a provide proof of 4lorkmans Compensation ; Insurance b Ltablllty insurance. y. t r 54, r r tr, v , 1 rl+• n• r,. v l 1 y ~ - tL ~ : ~ }c: r II Y I ry+ y ~~.ry[} ~ [ l ~~~Il r t r ^ i t rf ~ ~j7! ,to.c. vtr k y~ -~rr 1 ~ tr'£rr {d ~r ~ t,4 i~. 5r{ ws,}~ j'/ i.*F4_e ~Irt Cti-est. fsr.,'. t a'` + f r c 2; S r: ,;t ciSr ~,4 ,t" +s v?s J~'`t~ t 't .a ~#clj' ,r r . + I , 1, , 1' lr. '27f t s 4,. °f 2,y§l a ra > rr t X37 r ~p,{tF•i ~ v`¢"+ ! q{A.s''•:.i r H r N~ V r e `•-L Yd' te1!r~ v s [1 F~', ,lre r'{i ~'i 1 y'^''• r• '~"'r r`pz'i 7""rr~. `v+~,r~°'L~JS~~ Xtiy J'3 sr rt v'k~ r.:5 1i+'•:..r hil z i't' :,~h , ISI ♦ fi u h { ul Y k'r l i° it t ~ a: r y rp ~r ,S' J e ! a! i *r a 'e ( rr r;n 'Ss 1~ nti~;l~.`{}lt 4 r1 .oJ,lr { f r d'. sl' f A r Y 'I I ,i',) S th r ~5 Y; ,'i 1 i" i r •'.I F 1~ (A -15,0 1~r :lit " L.. c NYbE `~.E'X k ~ 2 r~ i , • a J 1 .r t~ ~!i 't! f .1 a r l ri 'r)t r t 1. y; S, • t r t i :r s 1' ~ t 1 r r, r i 1 r d :'r4 r ~ {]ri ~ P' Jt vy IS(~l1 '':.i rA r r'. ~ 1`?r r if 1r 1 ! 1! 1~N~Y~ryi7~``t~t ~~5 ~~~'llr ~~`•I~r ~'~~~Y'~e~; ,qr kol 11 .l~~,} M. ~~''~ft S,a '.i V4 {2 rti, }~'~r. .'4if # v. =j~~ •}X(fr'y `~~u ~'15.~ttf '~dZ~~i, ,1~ d' ri t • s, tii l aooooaaaoo~a~o M ' 4 Pr I f rPi' Q r a e' r . ~a~~aoaoo~~ 4c r j f' ~:I a rr r: 1 h r ~c . r ' r } 1' s rk t zr'' ~ - ~ '1 y. l 2 Tn1~ f~ 1'ffi{t i. dr irpZ tr., s -+w+•wws'wsr~gr {.iJ.:P 4r. • if ML.";? S ~ T .lr "`t 1 n 13 E Ji~~ 7 r li t ~ ~ I I 1 1 f 1 I i !t (.r .!_:?i6,4'rYa~Rbtiyai,..F 4. n ..a.. ' ..r+ai.r nAAOan9i II PROJECT NO. CONTRACT NO. THE STATE OF TEXAS 5 I,IS?P~LLT-.GSiIiTC~o'T COUNTY OF DENTON 5 Whereas, LIBERTY CHRISTIAN SCHOOL hereafter referred to as "ownev," whose businoga address is 1500 SOUTH BONNIE BRAE, DENTON, TEXAS Is the owner of real property located in the corporate limits or 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"; 1 and whereas, as a condition to the beginning of constructicm of said development, a development contract is required to ensure that all streets, water and sewer linen, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the city's specifications, standards and ordinances; and (select applicable provision as follows] L~ Whereas, the owner releets to construct the Improvements without contracting with another party as prime cnntrerstor, in • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or I l ..,..i.:.,~.H vw.-..w.~+.n=-war:---•w,y~.,t.r,b~~.......,"• A~rri1 ,~41 . , i r + 1 + + . 1 Whereas, the (,nrnor eslente to make ouch improvements hereafter sa, + { net forth by contra~.tlna With B.J. _.__..CllMPANYoOR(RpI,Mp 7;M, ! whose bdelness address is i I'.O, Ilex '181, CA1M',W 1L IV, 'LX 16241-0783 hereafter referred to as "Co11tractor"1 and Whoream, Owner and Contractor recognlr.e that the City has an Interest in enNnring 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 n the city,a opar.Iflcations and that payment in made therefor I WITNE93ETR Am to the Improvements to he dedicated to the public, as t ` apecifIad in Exhlhit A, at.tachad hereto and incorporated by A reference, to ho InmtAlled and constructed at 1AMIPTY C111(1 11AN (WHOMl, 1500 fiOUT1I DOWI f, BRAE:, DRNTON, TX 76205 l the owner, ronkrantor and City, In consideration of their mutual prnmimes and covenants contained herein, agree as follower " i•'R.Y.,~Ll0.il~ll...4..&O.tltt<AQIiQi. contractor agraaa as follower • (a) 6D!►57~~.iA.aLaBR• To construct and install the Improvements in necordance with the procedures, specifications and standards contained in Division II and IIS of the City('s.AtaflMA @i~taiti►1~19~a_Ls~.c~~kl.lt~ti~2rk~ lrAn~rua~Jssr• North Cffintiral. , • • • as amended, and all Addendum* thereto, and all other regulations, ordinancam or aperitications applicable to much Improvements, such PAM" x „t x..w..a ..r C uR.r.n....._.u,.hww«w++r v.M a u 4' t f ~ 1 1 ' ,11 ! k( r i;~~ tIlk f V Aryti { !f t 1 r i v LA i 1 r w r 1 i I specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a pert of the agreement as though written herein. (b) Authority of City Engineer: InaRSgt;iolls, Tests. An orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satidfacti,n of the City Engineer or his representative, The City Engineer t,hal,l decide all i° questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materiels 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 1 I replace, if so diraoted, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the city Engineer or hi reprotantative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work lit 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 t Improvements, PAGE 3 wa:.a-ru.w...-.w...--+.-e«w...^M'..e.w.,~,M~A•- ~ 1 t1 f ,Ly~ `}`~~p ~ r ~,1 Y, 4[~.r his rl 7~~ I 1Ie 1 iE + / + i ~I . '~i r I j + I ~ .4 ! t ` Iki+ 'sa rr i+ , + ~ r 1' -'I 1 f?I Yy 1t r , + ; ° a (v'~t J ~j~ a r 1r . v r'. I rr~V .r 7 ~ 'I+ + 'ill i~i ~ r I ct ~ S I 1, r~ ,,t tj t N{ r 't n ',i r , i I 1 If' j t ? 1 C r , + ! / h ~r - t ,V Jlrl i+ ! I_ r v rl~ ~U f r t~ ~ It / J I ! i ~ 1 1 , , r Y. r' r e- , r k r 17 r;~ } .I'1 ti tr r I I 0 U I r I r i 1 117 ii I k j, ' r' t I , k r1 G~;kLJ, 7iY.~,.~IkaY1YY,,1'wl u:.,. .._.~..~ti.....w.iluaa....+ti:~..,,...d...::1..~...a arY...w..ww.v✓~ ~ tr i. I(! f~ l j I (c) Insurance. To provide for insurance in accordance with E r the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Cglstruction. North QUAl Texas, as amended, the provisions of which are expressly incorporated herein by referenctl 5 provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) ►leans and Methods of construction, That the meane•,,nd I methods of construction shall be such as contractor may choosel subject, however, to the city's right to reject any Xmprovements 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 Covenantg of Owner and Contractor, owner and Contractor mutually agree as followet (a) Psrfomnce gonslas Esgrotf.AQ,r • That if buiidinq permits are to be issued for the development prior to completion i and acceptance of 81.1 improvements that are to be dedicated to the i public, the following security requirements shall apply, unless the development is a "cone lot development," as defined by city's Development Codet (1) a performance bond in an amount not leer than the amount necessary to complete the .Improvements, as determined by the city Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorit.ed to do business in the state of Texas or, PAGE 4 ! b1r' e ,77 14 < «~....w..t 14~ w.+ a 4k+^"`,.f«-.++W?M r.,.. y y~' `}St t Lyt~fi r, t t x',.:31 rf1 7 y Y'~~1"'ti,'6L'TE".'~559.Ytk mat a'3# ~la~ I t; . s. r , , 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 mosey in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as esarow, agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment-Bondi Assurance o Payment. That prior to acceptance of the Improvementat (i) a payment bond will be furnished in an amount not less than one hundred percent (loot) of the approximate total cast of the contract cost of the improvements, guaranteeing the full and proper protection of all claimants 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 authorised II to do business in the State of Texasj or, (ii) if the total contract amount of all Improvements is $50,000 or lass, 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 e 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 pernnn, 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 r and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, y stating that all bids, charges, accounts or claims for )abor performed and material furnished In connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the A Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor nhall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 It,.CSx~,..' :Y',-4ei'Jdr .~,SJ{Srt7,y' / l1 ! {4 3 1 I i aC 1 5 Ir 1 r.( lrA~ , Il, t 1 :1 ' 1 1 r 1 ( ! It I jt 1 1 r lr ~ I ~i ;1(~ t t 1~' i' 1~ 1 S,r ~ I 1 1 ~.e"11 I 11q e° ~ 111 rf' / 1'. is l ly f Ir III 1 p 1 I 1' t I 1 n 1 1 1. I 1 1 a Iri 1 rI I 1` 1 1]~ f I III . i_ r ~ - ,l T{'-l, \(1! I I..rI 4.- r. .n♦ sHr Lr rIY U..r 1+1M M1.a..1 nn...e..-rwn N.n4.. ~1:1.... r sryyy ull YYt I r 1 material for, the construction of the improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) $ej Final Payments. (This proviolon (c) applies only where the Owner and Contractor are not he same party.) That as security for the faithful completion of the Improvements, i~ j Contractor and owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final S approval or acceptance of the improvements by the City, The owner shall thereafter pay the Contractor the. retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished t for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of thh Improvements of the City, the improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the improvements, any claim, lien, charge or encumbrance is ; - made, or found to exist, against the Imprr,-/aments, or land dedicated to the City, to which they are affixed, the Owner and contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 Qr rN~...,.Y. .-~`w.l+.^t+ery....rr..rrMrr«w a.4..~..1~. yur.,.,, a C~0i~t/$#~i1~V~ro£,!?1'~~'tii"a1~R'~A~l a T"•~1 I 1 r ~ T' C= i r i! i r ~ ro'.1 1 flr,r [ tr Z"a r S r 311 lF; a ,rr r fZ .d • ' ~ { 1, 't j h + i i 1 1 ) 13 d.. «4..net. b.K A wi nw~ .ww a o-s a..N .~wu.bNbr C4,'f I lien, charge or encumbrance, in favor of the City, to ensure Ir payment of such claim, lien, charge or encumbrance. i 'i (a) Maintenance 42nd. That prior to approval or acceptance i Y• of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the improvements, insuring f the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of E acceptance. The bond shall be in favor of the city and shall he executed by an approved surety company authorized to do business in the State of Texas. ' (f) Tndesnification. To indemnify, defend and save f harmless, the City, its officers, agents and employees from ali suits, actions or claims of any charaot'.er, name and description brought for or on account of any injuries or damages received as sustained by any person, parsons or property on account of the operations of the Contractor, his agenta, employees or subcontractors; or on account of any negligent act of fault of the contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which r ' may be obtained against the City growing out of such injury or i damage. (g) Aurganent Controlling. That the provision of this agreement shall control over any conflicting provision of any , contract between the Owner and Contractor as to the construction of • the Improvements. PAGE 7 "t, o ~.twr ~ w.W ,AWNI Y„> 1 n~ 7 ~i.'.r I r IJ~ ♦ e .'`Y r ~C~~ ,tt it~i ".j 1 1 , t e r . w oY ,i 4..n "v ~ r i ~ I J1 f 1 ii i r. r 1 .tel. i..ll:' i. - r. ...rr ♦ ••r. v. r.... r ~nm r~r .r.. wN MMVi1 • 3. occupancy: one Lot DeyelQpments. 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 93,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy, (b) That if this contract applies to a "one lot development," as defined by City's Development code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue an4 Governing Law, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal 0 action is necessary in connection therewith, exclusive venue shall • lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 r4w..+w••+y....w.r. N.±.wr•wf.~•...w..y~~,,' n4t'r(fi~~ S~1.::li~' rr ' r( !d~I~I~LS] t}aY `JrY > ~T \'Sl', yi.J 1~1 ~f 'had er rr I , + I V r 1 ~ it li 1 L ~ sf~ S~i t ` x~j~`~+2f R 51~r ! t"•.j~ "~,5 I .~t ~ ' 1 ~ ~ ~ 1 - r A . rr ' + a r ' 1 r rl ~ 1.t4 t l~ I T , .r~ r t r , I t l ~.r~ 15 7\~ r,'+ 6 ' r r ` `i 4r 1 e {ri 1 I`j.'iV ^ { d(, FVy\btfl ~ \ ` 1 ! r I VV, ~ I I I r r .I .il r ~ r r I ,I 1 i r r,~ r I, ~ i ~ Ii r ~ ~ r I 1 r 1 ) A 5I 1 4\l+ 4 i1 I W n, r r ~ r j)~t7 rVrr ~ a 1 41 ~ I S fr V 1 ),5,21.V t C ~~~~~~t1,~ ~~e'' S.y4r / 2'Q~.\ ~ l 1 ~u r iy t\S r 1 .i+:.0„3.+ . iPb7t~hc,~.c,~s !,w~iaaw.«.~,.....,:... .I . ;4.. >W✓E. ( ~.i~;...'xa,..:.iai.,x,yaw....~.:.1a.w.u,.4a:.,w,,w~,..i,~._..~.,,..,...c,. ,b.,,.~:,o.r...:w., r; 6. A4~g5Ap-~ttL ~li1S!_1~44~SItlt~x This QOIItract shall be binding upon and inure to the benefit of the parties hereto, their, respective successors and assigns. Executed in triplicate this, .9th day of MARCH 19_U. OWNER 1,1Fi:aTY CIN0, TIAN 1101001, CONTRACTOR D.J. COMPANY OoNTRAc,`TmelNC. BY: ~y l~G2{ Jl 5E 81 CA"r PRESIDENT / CIT Ir DENT , TEXAS BYt 4. C ANAQE ATTEST: .7 IFER At,TPRS, CITY SECRETARY APPROVED AS TO b9(;AI1 FORM k; DEBRA A. DPAYOVITCiI, CITY ATTORNEY f it t r..`~/._...._... I~ I l C PAGE 9 1 Q111 L v d rt 1 < ' r'~ +r~!!(jiF,i~l a.r 1 i .Fr`{ g,.' Bay er ~A,f }4 .)rkiCf~' ( I I I 1~!3, r ' i to -rpI :~s ' a I i I 1 L ` 4 V 1 11. 1 I s ~0 FR014 1 PHM In, t at? 556 1295 ~m+[Sl1" "A" P06 II Ain POM LUMP OUM PMOPOSAL Nis: February 24p 1994 y~ Propceeld____B'J. CcnVany Contractors, Inn. (herelnefter calbd '9iddM'), •o 0010whilon, ofpanlted and exlottnp undw the laws of the Stale of TOM. T0: UMMY CI IRISTIAN WMOOL DENTON. TEXAS 78207 ONntltn+en+ The undstailgd. In oompllertoe wkh your Invitation far Nda f or A NEW CLASSROOM SUILtNNd rOR LIUI~TY CHMIV IAN 901400L, Denton, texas, havlna oxamined the drawings and speolfloatlons with led documema ahd the slit of the proposed work, end being fsmlllat with all of tho conditions rots hereby ous to fwnlah all labor, matarial Io work t n of the pr°P°Nd roundI^S the eenNruc oD ew ~ pr equipments, and aupplla end to oonebuW the pro~sot In aoonrdanoa with the Celrtraet DootaretWts, and at dM price ett forth below. I htes prices are to oowr an ex"Mose Mourred in performing the work required widw liw Gunwsul 0mum"Is of whkth this prapceol N a part madder hwthor naraoo, and ertkrtpwledaeel the folknvlna Addenda have been reeetved and Ow tho enWt eondente thereof hovo kwn Incorporated We We pfepeul: No. -1 dated 2-22-94 No, . datg(j OeSEall2 Includes all maWWo, agWpment, labor, fees and permlls, gnmetal candltions, Inenranco, and ail other 00 woolated With the comple s construoNon of A NOW CILA88ROOM $UILOINO FOR L18MV OHM ISMN dO XM, MW except for COKE Connected with tIN wrx k at IndWaled In Uld Items No. 2, Oand,lkxihosunwf Four hulAred stg._thousand two 4y)t red ninety five. and no/100 {st... 406 r 29500....... M ]JIM NO, Imoludee ail materials, otiviptnen , labs, fees MWd~qrndte, yetwtal Cendlpone, k»wanee and WI Omer ceab asaalabd w11h the corn Cunebuo= ttf die two cunOfdo 1MelaM and eMg arm located to ft north of the to, I 1 peal and weal of the new build". This s I IMIL4udl neo~y em "work, pradinp, pevenw, marking ore Indloeled oh the dr&Mpe and "611eatlons to tlw am of Ninety four tlootisand five hundrod seventy five aM no/100 r 94x575.00 -'~)'r" WIDOW Ow asphalt psving Indlooted In Addendum No. I for the contra" peWna In 61d Item Nn 2 tot thesumOf F.lghty_three thousand one hum&ed seventy five and no/100 b Addendum Ne 1•peas /UM r Meets MeeleN Nx M. eY r,AH rr r u^ ,nq M W W , 1r ~s g~ f4 1 , r 1 4 r \ ~ ,-•~-!w",+.,.'.. r.l.nyww W.~+.....»rrf.nra+-;~rt~t~1K3K'1"'-n••y„, r~i~h~i~~4t~Ft6.{ ~ ` ~~f~ tt t t'. 3 nn* t > It i s tl tl 1 4 FPOM P41PE NO. 817 ri66 16,95 1 9t11 ITEM NO,~ ~ ' lr,; Includes all mrsWINs. leauloment, Labor. feet and permits, oral oondldOlfts lnewance and all other ' costs m ooltded *4 the complete instalkttion of the new Bend W wetorllno In tho lltillty Eeeemonte. ~ j ( Thta shell Include all nocostary carthwofk, gredM+gpav0mlent outtlnp and patohlog and *ft work as may be necessary for a complete lnstalb8on as kldbatad on tho drewln9e and tpocMestlons led the I WM C►_ Seventeen thousand seven hundred twenty seven and no/100 17 727.00 aeAmaumt shall be shawwn In both wade and figures. fn ease of dtooropanoy, the alnoum otwwn in wade w11 gown. J 11MG FOR COMPLETION OA LIOUMTED DAMANS The undetalgntd sWoo to complete all of the work rlequked ready tot the Ovrttsr't sooeptana no laser than Monday, August 0. 1004, and a set forth In the 9peWlal CendlNone, and luly rleOrling that the C*hwset wll carry liquidated damages provialon/. anpanying thIs propoeol Is a Old Pond or Cashlar'o Cheek mado poyablo to the Owevi, for 6% of this Inlal emtalrll al the Use Proposal submhW hereln. The Old Sand Al be rstulned to the biddr. 6 eKCKY[ shat In the awgnl of the {yNnMr'6 Ate"tamea eA thlt Wnpo"I within 30 days of the deto twoorl, I ft 9kWw hill orrprN/c Nw to /rtsouts and deliver the contact and rsguaad bands w" 10 dep sher d r►qu4eme~oome the prooHlY of the he has Wishod SI der IM comply with p Wad OOmw bocawv of lalias ol the • rl hndotdw this pprroles is exempt from the State 130ee Tax and the proposal amountll qunttd twrNn do H= 'ancluds 9fate of Texas Saba Taw, Tne bidder sgleee Itun M awarded it couxact tw Will eegragsta s and material amouMe In such a menlnn that a Tura lxtm+F:tlwi lull nlalerlt}IS rtuay Gat legally obbIned for the Owner's ber,efk, the orldwollened liddor turthe} eef+oo to the loll wklyq eanllllvne: L An InnanplWa prpoeM of ono Mrlnq addltlenal InlormHitm er other modilkaUoos Inranbed Ihaeon, srppay be nanM fm 16O.Wlen at the entlds Nepe"]. s. Ts~h~aIt1. N an,w,plMl Me c1rnw, p.l+ Psopa+ae h"otm++ a pool +a the CenUtel D6kOW le Mw W014 0641 Me n tool Aw"tmn~ and 10 to %=h it ar Y p'I of thle proposed war be taksll ee YH 1M Ma L`e i 1 to eemply w h the a eav A w~l be IvN oeuae for roJeo004n of ifie vars. C 7%01 00 0. ' rowNM Ih+ ,lest to t""I Ayr el all bids and nal'N In}+,IN1111+r Mill III990I0011e1 of to aeeapl a bid eeMldered adwenl +vua to Mm. 4. That he, fhe tNdda, will not %thk1raw No proposal f m a Nwlud of awy (eo) do" hem me 46" hereof. 11Np"Ifulle "Mmad, q. D.J. Cott}>fuey Contractors, Inc, P.U. Box 783 9 Gatnenvitle, Texas 76241-o'r83 s ~d s ,l d _ precident a F'eb ry 24, 1994-- a~..~.............. l AAdendom No I - Male e c aallr. On we, omwl vow. am stool #11010041 mot 1 w.,« tw.w»w., r nlr 1 , ttl r ~ tl'4r"~, rt U . I )r!s'f ~.R. ~r , .y `rv > }Yh}~T Jy, .rMr'lk;'~YMy m-!. i.~ ,~r~ t°" 1 . lr t 1,4 t .J l Y i 14 i" l Ir. 1 7~1 i~~r 1' < ( 1 rYr-..ww~1N~i~fAIM1NrMrIY.Y~7ja.MVryYJ_yu wr•1_Au ~..M xw I la ~4,}, 4r, rlr x - •iAML.!•{•.•YLL r _ I r Howl No. Fidelity and Deposit Company MAW orricr OF MARYLAND RALTIMORr, Aft). 21203 **TRIS B[D BOND IS CONDITIONED IIPOf1 ll fill D BOND SATISFAC'rm Cv[USNCG of I itL111r'l! r' BEING PRESENTED TO C0,NlHAr'I'0r' in SURETY** KNOW ALL MIEN BY Tll[ Sr PRESENTS: . B That we COMPANY .CONTRACTOJiSr....INC . . P 0"BOX 799 ........GAINBSVILhP.., as Principal, (hereinafter called the "Principal"). And ` III(! FIOn1,11%. ASO Dlowosll, COWPANV OF hIARYf.AND, of Baltimore, A1aryland, a corporation duly orgAnised f under the laws of the State of Nfarydand, as Surety, (hereinafter called the "Surety"), are held and firmly bound { unto LJ,IiPRxX...GN)ZUTLAN" 600,01L." " . , 1500...$ BONNIE BBAp . DENTON, TX 76201 -1 . ,ne Obligte, (hereinafter called tile "ObIlgee"), Io the Sum oCIM..E.J..HWEN.T..QT TRk..AKQ.U -QF..T..Nk.. . for the payment of which sum well And truly to be mode, the Said Principal And the Said Surety, bind ourselves, our heirs, executors, Administrators, successors and Assigns, Jointly And severally, lifully by these presents. WHEREAS, the Principal has submitted a bid for. . . . .r•N.Nw-ais1S woz..,BSIZI,,D.ING...FOR..1,.I"BERTY .GHRIATIAN...SGHOM... . . i NOW, THEREFORE, If the Obligee shall accept the hid of the Principal And the Principal shall enter into a contract with the Obligee in Accordance with the fertile of i n;h bid And give such bond or honlls ae may be specified in the bidding or contract documents with good And Sufficient Surety for the fidtldul performnnee of Such contract And for the prompt payment of labor and mnterir I furnished in the prosecutlon thereof, or In the event of the failure of the Principal to enter Into such contract and give such bond or bonds, if the Principal Fhnll pay to the Obligee (lie difference not to exceed the penally hereof between the rlu+amtt spe ifled in Said bid mud such larger amount for sshich the Obligee may in Band faith rontrart with another party to perform the work coverer) by Said bid, then this obligntion shall lie null and voidtotherlrlse to remain do full forcennd of ect. Signed and Sealed this ..24xk! .........day of ..A.n. )9.9.4. B .1 COMPANY CONTRACTORS, INC. (,gF,AI,I i"Ihi(I,INll 'Ili less JF.SSF S. CAS N, PRFSIDBNT Title • 1111).. ATY, AND DrPOSIT COMI-ANY OF 11IARYLANI) i till rrI y By i'ihrcrs DAV[R M, C031'1N 7'Iffr " J AT70RNEY-IN-FACT cJ ~ sr, ' Al'I'MIM by 'the Awdren IMWI a of A,rWlelr; •i'• ~\.L,1, Ilaumenl No. A•JIe Pa Mnory l~lU Fdlllan~ ` J, ~Y x..naa.mafal„e ,,t~. jr, 1J i. 4 it fnyyitS~A~~1W.r.~ r "iii ll ! f fIl ~l ! I l ~ r (L, ,7 .a.r.Y.Y-.... N,YN .»n.tw•rMrraW°+y`i'!!'*YY'4iM'Y" .;1 ,,~'+11+'!'!3't('Y YyYL't"Q'~4 tytft~ ,,~5 "n',{iwr~7M~riN~o` , 1 t t + .U.k, . _ 1. ,,,.,.~_..aa; <...w.U~ 1..+ . ,r... ......aa. w.ecv al.+, n 1 • The FIDELITY AND DEPOSIT COMPANY OF MARYLAND ♦ COLONIAL AMFRICAN CASUALTY AND SURETY COMPANY co npnrtlea HOW 0141CItS RAI:I1MORh. MD. 21201 POWER OF A'fTORNF;V KNIHk Ail MIN Fit' NINSll PRIMNIx "I hat Fit, 1'aanrY AND 1XI IVI CuMPANYor ll ANII, and Iho CoicmIAt AAn'RII',1N ii Cs~a~v IP v 4p suarIN ' ComPANY, cnrpsnetiom of the stale of hlaghlnd, by C. M, PECOT, JR. , vice Ilrc,fdolt C. W. MUMS Assi.Htmt SCcrelnry, in pursoarl of mabi"d)' granwd by Article VI, 5eciton 2 of the reN,ective R% Laws of sold C'umpamm which ale set forth on the reverse side iiertuf and am hereby certffled to be in full force and cffcsa on fire dare herein. do hereby nominate, conollutc and n ring Davie Coat I n o f Ca I nesv i I le , 'I'll , CALH t - life rue no Iw u agar a + tlnineyt'-' -ev acil1l'~cBch. co ilia tile. scat iver, for. rind nn its behalf as surely end as its ncl and decd. any and atI bonds and and Ings. , 'EP'r bonds on behalf of Independent Executors, Community Sur a and unity Guardians........ maim tin I sue Omfs or umfrnakings in put of lhese s, dlall M as himlhlg upon said Couqu lily , 1111h and mnply, to all Intenls amt purrveim as If they If duty ens~ i nit ncknuwledlited by the regularly Occle•d olliccn -,I the rcspccttve COmr3hool al dole Office in Hal" d., hl I n proper persnns. This power of at torney revokes that issued on behalf_` avie et in, dated September 30, 1991, ( ~e IN WIII Wnf.RLUr, the said vlce-P Ptv find Secretarle, have helxunw subst abed their Bonnet and affixed file Corfrerale Scals of Ih^ Bald C'IUGt,lx~`,Ly~M) 1)I!n..1 ANY of Ill I Nil nVd the C 0 MAIN. AmiIticAN C%suM Ii, ANI) ' . SuRaIY COPIPANY this . .t. 4_..... Jay of. . J.anu.grY__........ A.D 19 92 A rust: ANY AND DEPOSIT COMPANY D Y. SEAL e ~ .ate + Al Yrurfam V4r oureortrof ' COLONIAL AMERICAN CAS ALTY AND . N'rY hIPANY (akAl. ` 9 Mrlo,mr .krrrtrtn L' v-Prrudrnr I " 51A111 rIP MARI'LANU ~ ' ('111,401 ' RAI:IIN4AR 15.5. ~ (In Ills I st day of January . A.D. 1992, before the suhvriber. a N,Nary IAlblic of the Slat of hfnrylarvf. In and for the Oly of Raltirl duly con nioLm,ed and ymllned, nine the ata,ve named VIce-TImIcknn and Assl-AdAl Secretaries of the IIDHI.ICY' AND DFPOSIt (YINIPANY UV AIARYI.AN1) rod fire COT,ONIAL AMP.RICAN CASUAI.IY AND SURRCY COMPANY km, hI rnr pcr,onally mera anll IhrY each acknnwled ell 41V esnnunn +xn mM the indlvideals and OlBrernsIeuHired lur. who voluted IM P toA InsIm A rIn std raced I, ill the vnme. And being Ny nit dilly swum, wvenlly and each for Mmrelf denueth and vahh, that they nee [he saki, offices or The Comparlrs nli wlnul, - wnl Iliac the wall off ted to the pr ceding Inslrm"int Pre the Carrenatt 5rals of said Companies, And that the wM Corporate seals and thci, denauucs n, such ofncen vote duly a flstd and .utbxdMd In It* sAW Inmunlent by ilk ndutrlty and d' cI m W the snd Catfinalom. IN TFYIIMONY W NPRC(IF, I hive hereunul to my hard acrd amxdl my 1111101 Nc r s e sl reline w t Tarn. M~ `r,nnn llobNb Fndto My :auuilklion expires,,. August _I a 19,92 h 7 CERTIF'IC'A'IP I. fik undcrslpmd Assh am Wtimiry of the 11011.1 rY AND DI~,110SI I ('0 IUNY OF MARYLAND and the ('OI.ONIAI, .AAII[NICAN ('ASIIALfY ANT) SURHI'Y COMPANY do Mrehy cnllly that file original Plan of Alrunw'y or vhh~h the foregning Is a full. title and lima I is in roll Torre a mt a rfecl m thedooo of th h«n l ncate: and l do hlnber , cod) that the V ICCPre J&moa w hL I o s ecuIcA llte sold Panel of Aniline) were vlcc Presidents %mailly AulhnHead by the Nnurd of Dlredors It, opludlu wry Auamcy, lin raft ar prnsided In Made VI. .Section 2 0l The respndvc Ry"Jaws od the 1:10PI.ITY AND UPPI CYIMPANY 04; MAR YLAND enl the COWNiAL ANIHRICAN C'ASUAI, f Y AND SDR I' r Y • COMPANY Ihlt certificate may he signed by faeelmdt under err by outolily or n•w,l'uhrs Id IM Ibwrd (or Dlrerh,rs Pf IM FIfFMATY AND IWIYI.SI I • • COMPANY OF MARYLAND at a matting duly cnikd and held tin the IMIi day IT July, 1*9 and of the Roard of finccicus or she ('of ONIM. AMkRICAN CASUALTY AND SURP,TY COMPANY at a retooling duly criged and held Im Ile SIB day of December, 1991 any, whI "*I( hcmohue RLSITIM.D: "Thal The ("Mik w rntthankally repnrluced Hpnatnrt bratty AWAllm Secreary of the Csnpa or hereanct, whenever appearing upon a conned copy or any power of aflinol Imoted by the Von ety, shall he valid and MnikIt utRm tth• ('Imt - pan) with the same force and effect aI though mortally afrreed." IN IFSTIAIONY P4 I have hercuMu mnrncrfied M narn! ant afntcd The roefrlnate .rah ill the sad CcunpJal fhb Of ~~~ay t ~A-~~'GC.l2.LL'L.A... f 68--2863 . 4tilnanr SrrreI it1 r 1 f J. le :r1 +.+i;,.r++nMwl,.-rr~40.,iyl(~...w......: V L i) r);`If f t A)' v 1 r ~ ~ r I r i ~ t t , r t ' I i t f r s1 1~ry~ ~C t I~1 .i ,i t., ..1 • a..._.... , ~L!. i.. A....~urj A.[,iNe.SLrSat..x ~NYuoau.ci ...n. r...L,h ~..bHr~N' Gd I 1Mr0RTn)Ir Nn11_C ' I k To obtain information or make a complainkl you may call the Fidelity and Uepo9it CompenY of Maryland or Colonial American Casualty and Surety Company's toll--free telephone number for information or to make a complaint at' 1-J00'-275-3528 s. You may contact the texas 1)epnrtment of Insurance to obtain information an companies, coverages, rights,' or complaints ate 1-800.252-3439 i You may write the Texas Deportment of Insuroncae P.O. Box 149104 Austin, TX 78714-9104 3 FAX 9 (512) 475-1711 ! . i' PREMIUM OK CLAIM VZONT&Et_ Should you have a dispute concerning your premima or about a claim, you should first contact fidelity and Deposit Company of Maryland or colonial American Casualty and Surety Company, If the dispute is not resolved, you may can tact the Texas Department of Insurance, , t E /trTA~ H VA, NOTICE TO YOUR pgLXCY,t This notice is for ' ♦ Information only and does not become a perk or condition of the attached documenk. Ss543(TX)(5/92) , w:c'aR1AMGaRMaRp1~L' ~ r, r. ~ /i q t'v k Il ,,r r'r,, wl} ~ yf~l' ?iv, r`w"N'a1P!,ak„u+-"rt}!1"h'!°~r'!?»,~'tn i~~i 'yR Y r j ,i r ^d 1 rN < < i ter' , ~ r , ,.b. a.- 'J b,o.kc ,.,u.r.w0.,uud.~wvt.~¢..w.-...i............: d. i... r ~~nuiW~. t1.5.1L , PROJECT NO. i! CONTRACT NO. . THE STATE OF TELKAS y ESCROW AGREEMENT IN LIEU COUNTY OF DENTON ~ OF PERFORMANCE BOND (Development Contract-Improvements of $500000 or Less) i WHEREAS, LIBERTY CHRISTIAN SCHOOL. hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a ! development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which i are to be dedicated to the public, hereafter refurred to as "Improvements", are constructed and completed in accordance with toe specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to isceive building permits for said 1 property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to rsa:eive such building permits Owner 1 may, where the cost to complcate the Improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money 0 with a bank as escrow agent: in an amount not less than the • r i amount necessary to insure completion of said Improvements; e \ ' + i 1 , a ' r : r5 r: NUW, THEREFORE, OWNER, City and Pilot Point National Bank hereafter called "Escrow Agent", agree as follows-. 1. Amount. Owner, as a condition to receiving building per- I m.its for property located at 1500 Soutar Bonnie Brae, Denton, Texas 76207 f shell deposit the SUM Of Seventeen Thousand Seven Hundred Twenty Seven Dollars !7,727.00 in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in J that certain development contract dated the 9th day of Mr] , 1994between the City, Owner and Owner's s~ Centractor, to which reference is made herein. 2. Notice of Deposit. No building permits shell be issued by City for the property herein described until Escrow Agent s notifies City, in writing, that cash money, in the amount specified harein, has been deposited in an escrow account with Escrow Agent. y 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for herein as follows., . (a) the City Engineer shall authorize the release all the escrowed funds when all Improvements are PAGE 2 , • ~ - ~ 1-1-r .,pn •.yv ~~+,t~+±a"TM"'r~p ~{K'K(~y~,.~ ' a '';~{~y`y i:d' ' l t r 1. r r completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. j (b) The City Engineer, may, but is not required to, authorize, periodically, the release of s specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so Jong as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to ba sent or given under this agreement shall be sent to the address of t the parties hereto, aft.follows; CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: Liberty Christian School 1500 South Bonnie Brae Qyyyljin. TaXan 76207 ESCROW AGENT: EJJW~ Point National bank 200 south Itwy. 377 Pt1nr_ Paint. Tina .76258 4, Fees. Owner agrees to pay any and all fees or coats charged by the Escrow Agent in connection with this Agreement. 5. Nonliability. of Escrow 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 r any act done or omitted to be done under this agreement or in PAGE 3 SFa 1 i +I rt, ' t. r `i ,i. + . A is f O:2J ' ]YV.vvePfiYMt r ~~~IMt'!a` ,4r 1{ + / M~Yr^1.W'TTT^r."°'fl MM t ~ 1 t~r Im. 1 ~r , 1 t:. 111 ' V'i,l r. Q:'.J. 6`fllr+ri,r.. - r. 1. rre~Yd»W gvv.Y,rMYI UNWWY1~41Y~lY.4NnsMWMVboMMU+n.tn.nc+a. +rr.mYy leuMAtH4 l 1 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 j Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow agent shall not be required to act and shall not ba held liable for refusal to act until 'I,,e question or dispute is settled, and the Escrow Agent has the ~c absolute right at its discretion to do either or both of the i following: (a) withhold and/or atop all further performance under Chia agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has boon 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. i 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAdE 4 } t -w.McY ..yr +y..T rv~+r.nM~'neM.Mw.'wY!'rry~M{~'1'1'...^~« t Jn r 1~r: p ' i I ~ s 1 7 ..F ~a ~tsg 4Y , fX.I.- 1 ~Ix~'fr ~ ~`y f ~ , r '.:.1 ~i IIi r e iF,ss#y r'ro. ~y ',c'''r iV sagv A iE Y7a 1s F ~k{ y.°{r ' e 1r dr s Paz, r 1 a 1 h \ trr w P` 1. ~)5,r rk {4 r• t r.',1"^1rJ, v t I , ' I t.. , \ 1 5 b E "ka tY LI19 A''I Syo- < i~ ' ' r r1 i` , t(+ 1t t i,.U i t5 7a+y:J 2 tfi {~{t~ a,, r! t VE=+ dle'nl,r~lr't' Itl r ~rf 1 t' :1t t ~ 1 4 r V e IE Y A f~ Ir r' , 4'y Y..S , X Yl i f 1 Lry T. R J VL, r• s s i ~ 4' [ t a r v T 1 p'~ , 1 ~ t E p~ 1 r ~ , Li.r r I,. ~ Y„ ) frt ,'I r 1 I f i , , F1 r , ' 1 t r,t1 , a r ,,t•,I 1 t ' 1(>M Ic(+yr ~~=1 v yf;a, Nl(~ P ~ t l , 1 r d z ~ ar 17W` st~ 01 %r 1y~, 1 yAyy f icM1♦! f ~~r , ..4, r z r , 1` i t y~i rr f & N +!~~1 r f t 5 y7b+:' )r: r 1 ~°~iS + r, Jsi~y r eEf. cL rYI A'T ~ 1 I ' ! S 1 G I " ! 1 a;tin 1y 1 r 1 r 1 1 f tf y~TM1'~"'W J.c( 1 ' r 4! r 3 1 . ,.t f r4f 1 7f„1 { 1 ail 4tE, rr„ r r `-t kh14 r, 7J ~I €r fjl{ii + t.E>' f t 8~,1 A; Z~ f lr cl r L ~ r' 1 r t a , 1~ , J1r G.~,r.F S6 t ~ f 1(.ra}„'!Y i , ~ {r" 4L , 2 y r i ! ~i4 p+ 1 1 s i ;1 t ~ 1 i~, Lr 'rS ~ `"17=~ r4 h1 (t~:Y 7,3 s}ff `7 ~y~\,~~$~. to>t Y,~r y, r 7 i t' , 1 - ./~y~~~~y.~1 r'tl < ~p~~F('e. T f) 7f 1 I' ~r -4 d dv9, 1 1 , 1 F~a~lykrv>°[6~eftlTfV(alile~{r.~l+tib3]'9~a~ti?°[+.P.:ulkL,t 5 k * ; ,y 1.. r t1FF ' ~ r ~ i 1~?~t, I}(e 14 E P , ,fP , y 1~l 'il 4 L IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this Instrument this 23rd day of March 19 94 k CITY OF DENTON OWNER Liberty Chriatinn School. jjj By! BY: 77 Rodn ey Haire {t Il ESCROW AGENT Pilot Point National Hank t y' ' 4 ♦'r,.1;( It 1 BY: 3,4& i w S, r ~I ~11'r ~ iy 4 ~ ,1 4 I r~rf , t J F `f PAGE 5 ;N. 0 r f r. iY\ r moon= , 1. vl , 5It b~ 1 rv ~ l'- , 3 t 1 'r 3, Kf +l; d' r 1 Fr7 ~ -c'i+ ~ I L + ' I ~ . alt ' iy'el I I 1 ~ r I :I ~ I ~ Il + pJ + F , 't r s i o+ ; `,+ti ' ~Y i I ~ 11J A I , s t ,fit ~ I r ..,r rv+.~ly 1:a + ' ' i C r 1~ru~y -.l~lf)1r ~~tr~ a + IIJ, w& rr fir.,' ell tr1 + tE iJA }+!15~N-(~r, 1M~~.~~y`~ I:. J:ss. ..to„ew ..:..............1.3.,.x:, A. t.~t';,itSJrS.'k~.w.l ..c«.J ~~ti;~tt~.l4~vsu+t►~fd~'.~1 ~1 I 7 ooOQOQ~Q~Q(,~t~oo0o s S' ~ 1 u r ~Oti o r r Q ti ~ I1 ~.E o 4 E1, E , , O~N f . DO °~oaaaaooo~~~ r. Ii + T e 1, 1 + t't J r' ~ }rte r s r, i i 1l i. 4 +ni I ;YjAtix ,e r 11 A ~ rim Y•*; `d~r I t 5 r l ~s r P S ~f 4~ t r 1` r3 1 I I •t 1 r I .i.i rat. t+l&k~Y:liCl ff. r4n• a.... .rLr.rvN.v»Wd Aww#nae4Wh4AY~AUA RI~Y'IR~1~*dkN1~'NVhN.v.KVMvIM:a..warAnl~.~' I PROJECT NO. C014TRACT NO- r-- , f THE STATE OF TEXAS 5 nFe,nr~nnYPtlT rn/JTRACT COUNTY OF DENTON S LIBERTY CHRISTIAN SCHOOL ' Whereas, hereafter referred to as "Owner," whose business address is 1500 South Bonnie Brae Denton ton.raxne 762(27 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 r C, ordinances of the City of Denton, hereafter referred to an "City"; and whereas, as a condition to the beginning of construction of r, said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinancea) and 1 ~ (select applicable provision as follows] whereas, the owner elects to construct the Improvements without contracting with another party as prime oontractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or 1 ? ,tl~ } +,jNi`k n~.fnrr(![!'rf" e~ ~trN.l!o!rytNwAr~i4h~-r1'y.i^"n~.+MMtiy. Pe"'!•.A~4't~ i 1 i I 9 { . ...F,,. .d....\im.\4rW+irliYr}xa.HbYh4MHN IMNHwIfiA'AR+V9'Lfr...u1M.+MW Y~..:.,r 9f•y-ifl.:s I ' = Whereas, the owner elects to make such Improvements hereafter UBR Construction Company. Inc. j set forth by contracting with whose business address is P.O. Box 828 Denton Te , hereafter referred to as "Contractor"; and Whereas, owner and contractor recognize that the city has an interest in ensuring that the Improvements subject to this i agreement, which will, upon completion and acceptance by the City, become public property, are properly conw%;ructed irl accordance with the City's spocificatioriv and Lhat paywar,t ;.s mado therefor= W1; Nr:3SE•IFt -1 As ;o the Improv&m3nte to be dedicA ted to the public, as erpecifled !n Exhibit, A, ;t•tached hn.: t,o and incorporated by raferance. to be installed and. conntructed at I;lberty •hrisl'an Scllnol, 1500 fiou)~It ~ont Brnn. benton* TnYng.,7h7117 the owner, Contractor and City, in consideration of their mutual promisee and covenants contained herein, agree as follows: 1. covenan s_ of- QQlltraotor. Contractor agrees as follows: (a) avecifications. To construct and install the 1 Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's standard Central Texas, Specifications for Public Worka North i as amended, and all addendums thereto, and all other regulations, ~ • i ordinances or specifications applicable to such Improvements, such PACE E 2 I r . j 1r w-w.....+s.. lw,w-!l+.r~ww ..~..4.yt.~:: r~ `11 ~i 1 ?L ° ' I+t ` • ,t 1 ^1 i l 1 1 S 1. F ,1 y ' T I,i 1 1 r. .~,1ti bsW .,....«.ti,swn„..r,.wnwvASa I.1~La Mf!l field ~TrlikN(~J~~l; laeM.ih twSNA[.wRwwwab+l n..... e<,wil(aA I~, specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. E (b) Authority of City Engineer., insaections, Tests and orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all ~ questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his 1 representative with every reasonable facility for ascertaining ; ' whether or not the work performed was in accordance with the E specifications applicable thereto. Any work done or materials used without suitable inspection by the city may be orderakd removed and replaced at •:ontractor's expense, Upon failure of the Contractor to allow for inspection, to teat materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City p r Engineer or his reprer+entative, 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 r the satisfaction of the City Engineer, the City shall have no 3 obligation under this agreement to approve or accept the Improvements. PAGE 3 MOO* i 2 \ i1 1 5 ` w .i ~n \..i, ,,.i .n1.\vM,l1Y1'1T1`!N.fAfrU'k?'I: /}V 1I JHI.N!K11vVMrV. NV '.N.s /.~yr . ,w.~ ns!(~, N ~c)}irance. 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 fir.°<aPicationa for I Public Forks COnetrllCtiOri 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) hAans and Methods of C2no.trSgtJ9n, That the means and methods of construction shall be such as Contractor may choosel 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. K,r„wt ov a is of Owner and Contrag=. owner and 1 Contractor mutually agree an follows; (a) performance d n s Escrow AcreeMent. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City'a Development Codes (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the A City, shall be in Cdvor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 l i l F ' } Yl~4.i,.. ..l rw.Vw:w... I . 4 I I !vl .r-.r .r nxvt rrssrY.,.. •..n..+.•.I Yw J4>.>.r .Ylaln Nr (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 r City Engineer, cash money in the amount necessary to complete tha Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring cor.pletion of the Improvements. Without exception, the City's escrow agreement form shall be used. f } (b) Payment Bond., Assurang& of hayment. That prior to i acceptance of the Improvements: i I (i) a payment bond will be furnished in an amount not ' less than one hundred percent (1004) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, a (ii) if the total contract amount of all Improvements is $50,000 or lass, as determined by the City Enginear, or the improvements, regardless of the r contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written r affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the 3 Improvements, or land to which they are affixed, r that are to be dedicated to the public, r ~ That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 6 nom. ...a.r.ra t 1 II 4 .....,.y . . cry in.+i. w.... .~,rM.,... 5 onA ~'.yy~ y '~A Yi 1 1 tj. 1 x r 1 0 % ' f r r i rvNeY}4A4,;AWA6,v sl+Bairyr.4~.Ylwmwnww.w~+..~...,r.nawt. Yl~4. '~`'1 material for, the construction of the improvements, I- j: and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (n) ggxainaa~ Firm Pavmants, (This provision (c) applies only where the Owner and Contractor are not he same party.] That s as security for the faithful completion of the Improvements, q I 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, j (d) ZnaqMbrtnM. That upon completion and approval or acceptance of the improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance r rr 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 I i Contractor shall upon notice by the City promptly clause 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, ti, I PAOE 6 r ~ ~ tr I It" r•, r,~~*wrwYwn'fr~yN - '~+`w'~Y ~ ~Yi R~ h~Fv y ~ 1 rA r. f . ~C . b y~•r N.+.I..ww. ,+.i`r«.;y,.l.w. ~.v fir. rgpr r ~i~ M~~~~~D~ ~ • 1, 14 i 1 { lSY ri~eJ i..l. }1'ri2N'J!1'JYIV,75kA.<lltaYw~ ...w.....:..w.ww•!wriu.clwvblww~aNV~rA~YS~h.k4i~(Iw.W.~.iAr..,iw.wti.,..v ..ri+nNY~L{~/ w f i.N lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (a) Maintenance Bond. That prior to approval or acceptance of the improvements by the City, to furnish a maintenance bond in i form and substance acceptable to the City, in the amount of ten { percent (10f) 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) indeanification, To indemnify, defend and save } h harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors) or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction 4 of the improvementaj and shall pay any judgment, with costs, which N' may be obtained against the City growing out of such injury or i• damage, (g) Agraement Controlling, That the provision of this • n agreement shall control over any conflicting provision of any ` • contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 ' i X11 ~ . bvt ! i'....••1r .eq l4eKr4L.. ,..er.... ...u...rw..vWVSVSi~IMIWM'MfNY.M W/•NMMV2i't✓NMvi11.MM4Rh AM•. na.......nw•~N i'eltl" mf K' J, accuoancyi one Lot Developments. Owner further agrees as follows N (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 $7,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to i restrain ouch occupancy. k (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of occupancy for any building constructed or located thecein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to t accept the Improvements. S. yams and Governing Law. The parties heroin agree that this contract shall be enforceable in Denton County, Texas, ane. if legal action is necessary in connection therewith, exclusive venue shall • lie in Denton County, Texas. The terms and provisions of this A • t contract shall be construed in accordance with the laws and court decisions of the State of Taxes. r. , PAGE S 141 f , 1 i'y ~ 4 IJI `'i 1 aL'1 r r r ' ' I I S] ~e S . I y 11 r • , 1 f I I t y 1 is ' t r , t Y i ~4{ ~ { ar f v L l 1 1 t f, al ~ , 1 , l I 1 f 1 :1~ I i 1 1 t I 1 ) ~ A 1 11 I ~ I .i , a f { , t t S!~ 1r> ~ ,~l r ` ~rn~{ .r 'r +A J~1!~ n\t li ' I (t Iti t yt ~ ?S~+` 1 n 1R F n 1 1 f : t~ ' r'r>I~ A~ 11 br j, 1 i f e 1 0 "an~ I r 1 dA A 6. Successor and Assians. This contract shall be binding upon and inure to the benefit of the parties hereto, their respsotiva ,I. successors and assigns. Exaputsd in triplicate this, 23rd day of March 1994 r~ OWNER Liberty Christian School CONTRACTOR DIR Constr on Company$ Inc. I I 4e BY AdLsMM K"', BYi fir; Aod y Haire n chards President L z CITY OF DENT No TEXAS R t CI Y MANAGER ATTESTS R vY JAI /a F ALTERS, CITY SECRETARY TFV J N 1 APPROVED AS TO LEGAL PORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY .--gypp 4' ill` BYI 4 i 1 1 r 4 WAGE 9` n ~ 1 tx, I,ti~lttgr r r,. ,I 1 ~ , 1 tt; 111 ;'ro Sy i 1w 11 1 1 ~g t~ y a 5 \yrS I! • • .j i 'i.. a ,.r .l. nd.. .wr .o,eJlvyY W~Na. r~.uw-uur sa.u ...~r..rv V~T• Exhibit 'A' Storm Drain CorM txdon Uberty Christian Sdad BID FORM This Bid Is submitted to: Uberty Christian School of Denton, Texas do BURKE ENGINEERING 1318 Auburn DUive Denton, Texas 76201 The undersigned Bidder proposes and agrees, If this Bid Is accepted, to enter Into an agreement with the Owner (using the form Included In the Contract Doc m4s) to perform and furnish all Work as specilled or Indicated in the Contract Documents for the Contract Prk-A and wi- t ft Contract T1me Indicated In Ns Bid and in accordance with the other terms and rxxxit„xrs of the Combed Documents. By submitting this ad, the Bidder represent that he has read, understood and compffed wfth all lnstructtans to Skdders, all other prow Bidding Documents and the tdlowirp addenda issued by fie r lgineer. Date; Addendum Numbor: The LLdder has familiarized himself with the nature and extent of the Contract Documents, the Work, the Prliect site, locality, and all kxxl, state and federal conditions, Laws and Regulations that In any manner ;may affect cost, progress, performance or fundshing of the Worts The Bidder attests that he has divert the Engineer written notice of all conflicts. errors or dlsorepandes that he discovered In the Contract Documents and the written resdubon the;rof by the Engineer is acceptable to the Bidder. 14 The' Bidder shall complete the Work, including all IncklwW tasks known or unknown at fie time this Bid;ls submitted, for the following Lure Sum Price; *Twe~f ty Ode Thousand Two LUMP SUM-CONTRACT PRICE; Hundred tJollare & Zero Cents* (a 21,200.80** (words) (numbers) The Bidder shall complete the Work for the use and en)oynrerrl of the Owner, , within Forty_ Five Calendar days (torty.frve Is suggested) following lewipt of a written Notice to 1 Proceed Issued by the Owner or his designated representative. The Bidder proposes that for each • calendar day oompletion of the Work Is defrayed beyond the stated number of.calendar days, the Lump Sum Contract Price shall be reduced by Three Hundred and No/100 Dollars ($300,00). j Two materials are acceptable for storm drain pipe In the City of Denton. The Bidder 0600ses to use (I Class III RCP or 11 Aluminized Type II Spiral Rib Comrgated Metal Pipe (check 6he type) on this fi project. • (This Bid Form continues on the following page.) • • i ~a. u.a~iuslndCJm~LW uwr.-..........Y...,w..r.. ,.:..w..~Mr........:ww, i rj r` . Sr'T~{~ `~j ~ ("rlµ~ fM} r Sq' ELMMALN~ 1 t l r \ t ) Ir ~ 1 i 5 v I. 1) 11" o~ r Ir 1 .1 1 ~ S..I .L 1 , i 'c I i r :'~~J.4Fn~V iL:kOQljF~LUvdYNA4{i110.4W1Maw.wh.vw.r~.~w:i31.C~,.w+«1J.wu+.bw;lf~ili{`L~`'', 5~+~u~,~r 1. ~n~nta:~?" "`~1 A'~}(~.,~ <~r~„~l ' r,~MdW/1~.41f f, Ub" C1r sW School F? ~ BID "M (oontlrveM t' I This Bid Is subrNtWd this I day of March 1994. ACerwecM EW. xe of ar (t s oorooradorO Don Richards / President P.O. Box 828 Street Address „ Denton,TlX 16202 sum and zip Code ; i % 817/383-3007 Telephone Number r Wftx seal below 0 a corporation,) „ 1 r ~ .ti ry l .4. { l r Y 71~6rh y'~•. rY4 i~'ipV .1Y`I11.~~1 .ld~ h. ^,~'~rSi" 1~4.T3j11 ~1~^•^, r5_ ,~~~r ~)I.i t: 1` 5,t. r y~l i t'TH Xr, r . ) I 1 I f . r , i.. .M ..I.'.'..u')f;f 1\`vtrWMJ.r V.r...r..~... ...n vn•a,Vn N+...,..i..~m'N.'rny.t.~.e{yWANlur,terrwLr iw.W»rNi.M.rn.rw. s.... .r..,-,r....t:..r.uuilr{~ 1' i1SSL PROJECT NO. CONTRACT NO, THE SPATE OF TEXAS 9 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 4 OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) i I WHEREAS, MUM CHRISTIAN SCHOOL , hereafter ! referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial j ,jurisdiction; and w WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a f; 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 toe specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money w with a bank as escrow agent in an amount not lass than the y. amount necessary to insure completion of said improvements; 0 •n '!°M 1 r'i1 < t '1 , r~x~, n`~t ~~f~~i^l'l '76`~~4~' 1 ,,I i % lip ,y ~a,~y,t34.>+A.hatlll2rtiYR~4.Cva:14tP'JIMrv..•..e..rnirrcs.~~.FeMa.w.r~.w..a.Ai.gnu.kViiiAY'~MLd,M.~G+1bALYkfMLY..rbaswa.AL...rwww «.arn.-....:J.-...w+h7~ilHii rr t• JttL j; NOW, THEREFORE, OWNER, City and Pilot Point Hatiunel Bank hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mils for property located at 1500 South Bonnie Brae, Denton, Texna 76207 shall deposit the sum of Seventeen Thousand Seven Hundred Twenty Seven Dollars { 17,727.00 in cash money, with Escrow Agent, said sum being i f in an amount, as determined by the City, necessary to insure completion of all Improvements wftich are to be dedicated to the a r public; said improvements being more particularly described in j that certain development contract dated the 9th day of ` March , 1994 , between the City, Owner and Cwner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued r by City for the property herein described until Escrow Agent notifies City, in writing, that cash money) in the amount specified herein, has been deposited in an escrow account with Escrow Agent. • 3. Release of Funds. Escrow Agent sha7'A not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for i herein as follows. (a) the City Engineer shall autnorizo the release all the escrowed funds when all Improvements are PACE 2 , .1 ~ 41ti t,., m+w~utowaruv ~ i ~ R t C 1 ll • i.,.. I..,.u ~l~y. H «r r as w tea/ YF`y~~ 'n5~t~"'llgb {x;'~9b'~~'!', II 1 `1 ' If tl I( ,r,,; :.,.,'.4i+ea"J2~."[viW4Yialk44L~HM.la.rr.a.+w.Vi.r......~.Jnl.mr~mw.w.,a..w+aJnv.YNfilaW~.YY~YYfiNAlNebllli.s.w.((lLriwiit4h.r..{na.. r.r,..Wl115~41~ Jcompleted and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be, binding on all parties hereto. t, (b) The City Engineer, may, but is not required to, ti authorize, periodically, the release of specified sums of the escrowed funds to the k owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as.follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 f OWNER: Liberty Chrintion School 1500 South Bonnie Brae nr.ntnn. Texan 76207 ESCROW AGENT: Pllnt Pnlnt Natsnnal Bank 200 South Hwy, 377 PSlnt Pnl~.t. Tnxnn 76251; 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. r 5. Nonliability of Escrow Anent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Eanrow Account in accordance with this agreement. The Escrow Agent shall not be liable for A any act done or omitted to be done under this agreement or in YALE 3 7-74r.... larrwM ~r14.r4r.w/f w ry 1 t. +~1~,jf ~~.n._ ....a_~ ! r 1~ ~~rrt[~Y~t~1 i ~ 1 r~~eJ ~ •Y . 1'.~.,'i L:S. H'u"",MrItW' '.4~.1y. `'~Y14'h~'t?'1~df'f u 17 1.. 4 . connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved, or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matter. 0 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. 9 ti PARE 4 ..___..J_.._.,.....-..w..:r'._..........__•...__.-...-...~w...-.....__,V. (.ri u5``a Ji ;k',~~v~n:ITr`tM"`7':{f'h:t> t`,. ,P 0 _ ..._ai..--..~3x+.v:'scvf.'liw«x.e.,.~ ......».i.m.s.rwMr:4.v4.mrru~wref~rawr.~+.w.tsa.w.rr~.«.-R. w..•.... .i.«_...~..,,.w.aYnRt i i IN WiTNtSS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this 23rd day of March , t 1994 t , CITY OF OENTON OWNER Liberty Cbristlan School i r ~_1 BY: BY: tr_ Rodney Haire. ESCROW AGENT Pilot Point National Bank I BY: t x PAGE 5 x ti i i tf r. ~ooaaoa~o Od ~a ro ~ ~ 4 i 1 d ~ 4 { pQ" " 4pQfA°° oaaab i I I a F~ 1 i 9;~ ~~~ii sP A i i • kM00 D 91 PROJECT NO- CONTRACT NO. j THE STATE OF TEXAS S i DEVELOP![ENT CONTRACT COUNTY OF DENTON $ Whereas, 17LCSSEt-~ I~L+G, ,I.rl ~NC hereafter referred to as "Owner," whose business address is Q 0 Box '23Olo ~btg4TOO TX ~76~ 02 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictions and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable 4 ordinances of the City of Denton, hereafter referred to as "City"= and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter • referred to as "Improvements," are constructed in accordance with the city's specifications, standards and ordinances; and (select applicable provision as follows) ] Whereas, the owner elects to construct the Improvements without contracting with another party as prime contractor, in • • which came the provisions of this contract which rater to "Owner" or "Contractor" shall mean the owner as named above; or 11' 1 • v Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Llu "Dm 6*4S uc~iaN O IN~s whose business address is S '~O~.rg S4.tr hereafter referred to as "Contractor"e and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the city's specifications and that payment is made therefore WITNESSETN As to the Improvements to be dedicated to the public, as r specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed.at Lod 0. LOO-149 the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as followst i 1. Covenants of Contractor. Contractor agrees as followas (a) Specifications. To construct and install the l Improvements in accordance with the procedures, specifications and standards contained in Division IT and III of the Qitvfs Standard • say Tit, Sifjcation■ for Puh is Works Construction North r • as amended, and all addenduas thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 ;~...__....__~..._«..........~.~~-......mot i ~ ~ /i J ;4; r 1 . 0 s specifications, standards, regulations and ordinances being f expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) authority ~f City- Enelneer: Inspections. Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the I specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at contractor's expense. Upon failure of the Contractor to allow for inspection, r. ~ to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work E' 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 l • until such failure is remedied. If such failure is not remedied to • • the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 'i ~ i S: n l ~ A.t1fA t.. 4 a~~x i~V i I a 1 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Division I of the Standard Specifications for PUhli 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 Mathods 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 Improvemento 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) Parformangs Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that era to be dedicated to the • public, the following security requirements shall apply, unless the + development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the • amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements nesting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 , -r''~ ' , ATM ~44 , ~ ~ , Vt. i • I l 1 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond., Asauranc a 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 (1004) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, E material or both in the construction of the Improvements shall be fully paid and satisfied . before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the • Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 I I , i i a material for, the construction of the Improvements, and, when requested, written statement from any or { each of such subcontractors or suppliers that they I have been paid in full. (c) Rotainaae• Final Pavments. (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 pries 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 othsrvise satisfied. (d) cumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance j of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvepents, 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 satisfiad and released or promptly post a bond with the City in the amount of such claim, PAGE 6 e,~..`rr.waia~ yam. l f1 I I ~1. ,,4. 1` tY~rf'.`l`~ f t\, J1 f13, 1 Z. • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Mainterlance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in J form and substance acceptable to the City, in the amount of ten percent (104) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the city and shall be executed by an approved surety company authorized to do business In the State of Texas. (f) Indem =icgtion. To indemnify, defend and saw harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. • (g) Aur,g:ynt Controlling. That the provision of this • • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 i JJi 1 i i 1 I . 1 1 1, occupancy; one Y.u Davalooments. Owner further agrees as i follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until dll Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $7,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by city's Development code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. yanue and Governing La The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal j • action is necessary in connection therewith, exclusive venue shall • • lie in Denton County, Texas. 'rho torus and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. ?7106 6 I 6. successor and Asians. This contract shall be binding upon dnd inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 4 day of lum~-j 19 OWNER CONTRACTOR M BY: BY. f 'TEXAS 6 CITY LmCITYMANAG BY: / S E ATTEST: M l 1 P EIF WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY ' ;c PAGE 9 , x n Y_ izs3L PROJECT NO. CONTRACT NO. 'riiE STATE OF TEXAS I ESCROW AGREEMENT IN LIEU COUNTY OF OENTON § OF PERFORMANCE BONA (development Contract-Improvements of $50,000 or Leas) j WHEREAS, ~4e fl-L- /V~WMAN~ 1NL• _ , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial ' I Jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with rile specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of • the Improvements by the City; and 'f WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or • less, in lieu of posting a performauce bond, escrow cash money . . { with A bank as' escrow agent in an amount not less than the amount necessary to insure completion of said,Improvementa; .._...77 • i i 1 I NUN, I-HEREFURE, OWNER, City and asT ~Sr~TE ~ANI~ hdreaft.r called "Escrow Agent", agree as follows, 1. Amount. Owner, as a condition to race..ving building per- mits for property located at (nCJC~ ►S Loop 20? -T shall deposit the sum of 1 Eia-ter ~4U"_S/ is DO F, ( 3100.91 in cash money, with Escrow Agent, said sua being i in an amount, as determined by the City, necessary to insure i completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the day of AAO_,L , 19. q41 between the City, Owner and Owner's Contractor, to which reference is made he Fein. 2. Notice of Deposit. No building permits shall be issued by City for the property heroin described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, ham been deposited in an escrow account with Escrow Agent. • 3. Release of Funds. Escrow Agent shall not release any or f all of the escrowed funds untLl the City Engineer authorizes the Escrow Agent, in writing, to release such funds an provided for • herein as follows: • • (a) the City Engineer shall authorize the roleame all the escrowed funds when all Improvements are PAGE 2 _ _J...___^- - _.,'•!p''i. ~ . ~.`t' . ~`r e + 4`~ ~Y~~~k'"~: 'tit y~sT,.tp}F ~?t + ~y'17~+ + k t • . e v jf it FbMMT4 Y+fCHYr.4'te4411vBflRtit-T Vekn4rw nar ...astvwwx h+i {..~i1 Q1y I tt'm Y•rd &ppruxr6 :in resuS,Ysr ce uli(L yrw Ssluml ut tI)e ZevelDPReLt ccatract; tStt detxrminatlcu ~Uf wbich statil t't a6ada, by th* City LziYflra~ec wi.ucr 'udg<meat "ll b* bu4t04 oa aII parties Ueretc. Qb) U10 laity E%luter, may, !bat Ls not required to, *utirwrtze, periodically. cba release of apeCifird seas of the escrowed funds to the Wsw r if, and as, the laproveaents are cowpletel aud approved or accepted by the City in stages, so Ion as the remaining funds not released are sufficient to co"Iete the construction of the reaaining laprov*wwts which have not been, but are required, to be coapleted and accepted or approved by the City. 3. [latices. 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, ■s follows: CITY: City Engineer 215 East McKinney Denton, Texas 16201 OWHEA: vus r_'t- Nky,"Ik r} iNL P.U. $of ~bo.jrON , ESCKOW AGENT: F,~s `rTe.rf-JRAO1 t .i')r~,,,tpj TX 4. Pees. Owner agrees to pay any and all fees or costa charged b the Escrow Agent in connection with this • by Agreement. t } 5. NonliabLlity of Escrow Agent. The Escrow Agent shell have no responsibility except for the safekeeping and delivery 4 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 ri . ,.4- ..............+--.~.-u».-.--w-._..._~ t ,t , T t.~ ~ y~ d ~y~y✓' r .1r~ f r • tr.! If ; t y}V¢r~1#t'o ~'S tA?tt. ;`.'t.,. r ELMO-MAL 1 { 11 • 11j 1 • f connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent'a 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 oe the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the t absolute right at its discretion to do either or both of the following; (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the 'Escrow Agent and executed and binding upon all Interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in J the matter. 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. ¢ 7. Vanua. The parties hereto agree that if any legal action is necessary in connection with thin agreement, exclusive venue • shall lie in Denton County, Texas. PAGE 4 V J1,41 .....r..:-....~_.f....-......-...._... - +h. 1'! ~ „l i } ` fJ a ~ I JI a I ! ,:.t cw1.~=~ua~Y.1 a•.yn..~..w»:~. -.-.+.e.;re:e.u.1,n^xe.+•euvk.+sw~e„y.w~a(nwewak+.wL4'.Y..:vf~sri.evnawMKiw w«rarv,i~. .i........ j l . IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this rN day of LPp- L, , llqq. CITY OF AENTON OWNER By 0/a By ! ESCROW AGENT BY:`~/i 1 PAGE S ' i i i • • RUSSELL-90A.- IIVC.` u.. 40T,'i1`Sal`L'D EXHIBIT "A" KUYKENDALL CONSTRUCTION SERVICES t April 41 1994 j Kr. 'Cray Martino Russell-Newman, Inc. 600 N. Loop 186 Denton, TX I Rv Sidewalk Addition Dear Treys We art pleased to submit a proposal for concrete sidewalk at the above referenced location. our proposal is based upon approximately 1242 of of concrete sidewalk per City of Denton specifications. ' Our total bid amount is three thousand one hundred dollars 30100.00). j Please contact ms if you need additional information. Very truly yours, MK=NDALL CONSTRUCTION SERVICES t' Dan Kuykendall President f • j' 115 S. TRAVIS STREET • SHERMAN. TEXAS 75080 PHONE (003) $70.0091 • FAX (003) $22.1784 7 2 i_ lt,rr}.L...~_.. 1 I coooooaoaop(roo~o i + r0 P, E l ~ l 0 a 00~ ~~0aoooaaaaao~ ~ .j . 1, a e~, r~y.i• i , ~i ,Sl ry~:d, r, y15QS.r cijF ra ,`t r NS~.+S~i,,.t • • AAA00097 I PROJECT NO. CONTRACT NO. 7 THE STATE OF TEXAS S OppENT CONT CT (~pQ47 COUNTY OF DENTON S RU55bL! N+F,wvk NG Wheream, i hereafter referred to as "Owner," whose business address is , p p $ov. 2300 ~FNTDIJ Tx 7~lZOZ' , I is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictions and Whereas, Owner wishes to develop the property and such development muse be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"1 and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, wate-r and sewer lines, drainage facilities and other 1 improvements which are to be dedicated to the public, hereafter • referred to as "Improvements," are constructed in accordance with E the City's specifications, standards and ordinances and (select applicable provision as follows) 0 Whereas, the Owner elects to construct the Improvements • without contracting with another party as prise contractor, in which case the provisions of this contract which refer to "owner" or NContractor" shall moan the owner as named abovel or • ~..f~~ l .,N; r~'.~[! 7~ :~t~.~`.3',''r kb1.,^~ij~],~~ N~~,"~c~/4Yr 4i . ',m." ~ ~),4. i I i 1 1 I • i I Whereas, the owner elects to make such Improvements hereafter set forth by contracting with CA rA,I-Pk uoSTF-La ro1'l CoRP whose business address is _ i , Tc m ~~fEU pck+f4, 7X 75023 , hereafter referred to as "Contractor"; and Whereas, owner and contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the city's specifications and that payment is made therefor; f WITHESSETH 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 600 Lyon' L P the Owner, Contractor and city, in consideration of their mutual r promises and covenants contained herein, agree as follows: I • 1. Covenants of Contractor. Contractor agrees as follows: i 7 (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division TI and III of the City's a an ar specifications for Public Works Construction North Central Texas, d as amended, and all addendums thereto, and all other regulations, ordinances or specifications applioable to such Improvements, such PAGE Z 1 I • - _.i r..._.... _-.-.....-a~ ~.rin tt~~~ ~ rir~:'~~ MW r t; $ P J~ Y b 1. i r I~ I specifications, standards, regulations and ordinances being k expressly incorporated herein by reference and belnq made a part of f the agreement as though written herein. (b) Authority of City Enainearj Inspections. Tests and Orders. That ali work on the improvements shall be performed in a l good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The city Engineer shall decide all i questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of i specifications. The Contractor shall furnish the city Engineer or his { representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at contractor0s expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the city Engineer shall notify the owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to ~ r the satisfaction of the city Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 f f I. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.25 of Division I of the standard Specifications for Public iiorks Ce nst~, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, as used therein, shall mean the City of Denton. (d) M9ans an Methods of ConatrucLion. 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 jud7ment of the City Engineer, assure that the Improvements were M constructed in accordance with city specifications. 2. Mutual Covenants o owner and Contractor, owner and Contractor mutually agree as follows: (a) Performance eondsj ESrrow Agreement. That if building permits are to be issued for the development prior to completion / and acceptance of all improvements tihat are to be dedicated to the * public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Codes (i) a performance bond in an amount not loss than the amount necessary to complete the improvements, as • determined by the Oity Engineer, shall be submitted • • guaranteeing the full and faithful completion of the Improvements sooting the specifications of the city, shall be in favor of the City, and shall be executed by ■ surety company authorized to do business in the State of Texam; or, PAGE 4 j 1 (ii) if the cost of completing the Improvements, at the time building permits are requested, 1s 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 Englnear, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without G exception, the City's escrow agreement form shall be used. (b) Pavant Bond, AgMur nce of Payment, That prior to acceptance of the Improvements; (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be In favor of the City, and shall ba executed by an approved surety company authorized to do business in the state of Texas; or, (ii) it the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the improvements shall be fully paid and sati+fied ♦ before Acceptance of the Improvements by the City and that prior to acceptance of the improvements, the owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the ♦ Improvements have been paid in full and that there are no unreleased recorded liens filed against the • Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontrpctors who performed labor on, or supplied PAGE 5 'it • material tor, the construction of the Improvementa, ! and, when requested, written statement from any or each of such subcontractors or suppliers that they have boon paid in full. (c) 811 ainagg• Final P RIntl• (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 ■hall retain ton percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. Tho Owner shall thereafter pay the Contractor the retainago, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due A for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of tha Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the city promptly cause such claim • • lien, charge or encumbrance to be satisfied and released or • promptly post a bond with the City in the amount of such claim, PAGE 6 • j i 1 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. I (e) Malntenan6e1 Bold. That prior to approval or acceptance i o._ of the Improvements by the City, to furnish a maintenance bond in 1 r form and substance acceptable to the City, in the amount of ten 1 percent (10%) of the contract amount of the Improvements, Insuring 1 the repair and replacement of all defects due to faulty materia: and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in 'I the State of Taxes. (f) Indamnijication, To indemnify, defend and save harmless, the City, its officers, agents and employees from all s+!its, actions or claims of any charaoter, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property an account of the operations of the Contractor, his agents, employees or subcontractors) or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements) and shall pay any judgment, with costs, which • may be obtained against the City growing out of such injury or damage. • (q) agreement Controlling. That the provision of this • • agreement shall control over any conflicting provision of any contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 _...brr...._e..+_...-...~........~-.w t liwp • • i 3, OCCLpaneY' Ona Lot ppvelo mR onta. 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 dll Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated E damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner ~ shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. yeaug and Governing Law, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal • action is necessary in connection therewith, exclusive venue shall • • lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGB a ~ 14t/4P17iS 1~A•'i j. 14' t 0 1 ~ I I i i { 4 3 1.\ 6. successor and Assigns. This contract shall be binding upon dod inure to the benefit of the parties hereto, their respective t successors and assigns. Executed in triplicate this, I%L day of , 19 CONTRACTOR ~M f w ~DIK. (0 4! 1 E OWNER BY:~Jlu_x BYt" CITY OF N, TEXAS i E 11Y s CITY KANAGER ATTESTS NI ER TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A. r',',YOVITCHO CITY ATTORNEY • i 1 r ' BY: PAGE 9 1 t12pl+ld'!.)L, i .C Ii. 13'$'1f7~. it ~'.~)fN~r"Y ~`1 000 ,'R\.it~~k.l•~4 47; • • a • i { 1L33L f' ' I 4 PROJECT NO. f CONTRACT L40. i THE STATE OF TEXAS 9 ESCROW AGREEMENT IN LIEU COU14TY OF DENTON 9 OF PERFORMANCE BOND (Development Contract-Improvements ofyy $50,000 or Less) WHEREAS, ~(SSELL- (VfwM 1~ N INL hereafter referred to as "owner", has undertaken to develop property within the City of Denton, Texas, or Its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City 1 of Denton, Texas, hereafter referred to as "City", executed a i development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money • with a bank as' escrow agent in an amount not Lose than the amount necessary to insure completion of said,Isprovements; .a..,.-..:~-».,.......~a...:.. ~..r.~►~.....,.....s4 5. i^ i xE .cif y~~ 7iro'4 ~ ~y,~t, ..1~ Yr j' e • ~ i.„;,. h ~'F4: ~~R .S~~~KP4tTF Fri' i i ar i a NOW, THEREFORE, OWNER, City and I;MSx TA M- BA1.1K hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at Loo Loup )A9 shall deposit the sum of NIme- 1IMat4AN Q, oxee 14uNnRfca J Vr--NTY rngF 75.°°), 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 day of 19_jq_, between the City, Owner and Owner's Contractor, to which reference is made hepain, 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Agent. ! 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorises the Escrow Agent, in writing, to release such funds as provided for' ! Herein as follows: (a) the City Engineer shall authorize the release ! all the escrowed funds when all Improvements are PAGE 2 • i 1 completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all ti parties hereto. (b) The City EnEinear, may, but is not required to, authorize, periodically, the release of specified suds of the escrowed funds to the Owner if, and as, the Improvements are completed I and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but. are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney i" Denton, Texas 76201 OWNER: Russeu- oewffiAa N~ Pp $c%'1.306 brNroa, BANK r ESCROW AGENT: SYIr ttT - 4. Feea. owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. • 5. Nonliability of Escrow Anent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance' i with this agreement. The Escrow Agent shall not be liable for • • any act done or omitted Co be done under this agreement or to PACE 3 ~ . ........»_....ti...,...-..«•.~........-.,..y~._.....~..~y _ r,. t YSt'h»~f ~~~i~3~1~'N ~'}h-,r i1 << rr_. t I w+^' r t,., '~l~ Y cr • 1 • connection 'with the amounts deposited in the Escrow Account ' I except as a result of the Escrow Agent's gross negligence or willful misconduct. If any 'question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in fors 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 interplesder and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matter. a • 6. Successcts pnd Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue • shall lie in Denton County, Texas. • • i PAGE 4 _ .W_. y..,._.. . i a ;..r:`, . 5w°a m ',f x'ttl Y v .~r:: ~c 4 Frrv, . r e ~ of aµire• ..-}v r , \I•,f ~ . cH as s 4 i•$` s u : wt ' ~ x ~ ern § ~ 3 ~ t r , ss a, , i . R sib.-fi }..dAnwf}Y.ilc}.W ar...an6oev.ntiaNn..aww.HwvHi -aNKa ~l~r\YJFaiAea.~.a'~dw~:... ~ ~ I IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent ct have signed this instrument this ~ day of A* I(, , 17~ a J r { CITY OF DENTON OWNER BY BY: QR Thal !I U ESCROW AGENT , S . r i ' r 4 i 'J PAGES 1 ~ h~ " , > > ' Ana i I i • , l J~ 7 i f 7 i CATALPA CONSTRUCTION CORPORATION 924 Sweetgum Creek, Plano, Texas 75023 (214) 517-3811 Fax (214) 517-2788 March 31, 1994 Proposal to: Russell Newman Manufacturing Re: Watermain Extension 600 North Loop 286 600 North Loop 288 Denton, Texas 76201 Denton, Texas (817) 896-8888 Fax 382-64'53 We are pleased to quote the following site utility improvements to serve the above referenced project per the drawing prepared by Burke Engineering, dated February 13, 1994: 1. 325 LP 8" DR 18 PVC 2. 1 EA 8" Gate Valve 3. 1 EA 6" u u 4. 1 EA Standard Fire Hydrant 5. 1 EA 8"x6" Tee 6. 1 EA 6" Fire Hydrant Anchor Coupling 7. 1 EA 8" Sleeve 6. 1 EA 8" Plug 9. 1 EA 81lx2" Blowoff Assembly 10. 1 EA Remove Thrust Block & Connect to Existing 8" 11. 1 EA Tenting and Sterilization 12. 1 LS Maintenana2! Bond As Required by The City Total This Proposal $9,375.00 Prices include: Workers Compensation and deneral Liability insurance, survey by own forces off of established base lines, labor equipment and material necessary for a complete installation, mechanically tamped backfill with excavated material and haul-off site of excess spoils. Prices do not include: Engineering survey, soils testing services, rock i excavation, adjustments to existing utilities, pavement removal or replacement. work may commence within 5 days from approval to proceed and should be completed within 10 working days thereafter pending favorable working conditions. uacimates to be submitted monthly with payment to be received by the following month less 10t to be retained until completion of these improvement.", overdue payments to accrue 1 1/2t interest per month until received. if you may need any additional information or services, please do not hesitate to contact us. i Res a fully a tied, Philli Hutchings, P s. Catalp construction corporation We appreciate your businesel a ~ *wl-V i i pOO~~p~ Of 0alJp110 OO O~ ag o ' c 0 ~ s w r o k t ~oOQO oaaaaoaba~ ` E j' 3 i i r r • I y i ..W...♦ Mau, ..nr-.1 I ~'~'Yf 1 7 MODUV i i PROJE::T NO. CONTRACT NO ME STATE OF TEXAS 5 DEyEL~PtS-N CONTRACT :OUNTY OF DENTON 5 GREENFIELD WOODS JOINT VENTURE ( Developer) OF DENTON, TEXAS Whereas, iereafter referred to as "Owner," whose business address is 249-0 F.M. ROAD 2181, DENTON, TEXAS 76205 Is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of Raid development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other Improvements which are to be dedicated to the public, hereafter referred to as "improvements," are constructed in accordance with the City's specifications, standards and ordinances; and (select applicable provision as follows) Whereas, the owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mtlan the owner as named above; or ..__._.,:r..a...a..x2x MOM i i • whereas, the owner elects to make such improvements hereafter DDR CONSTRUCTION COMPANY et forth by contractinq with whose business address is 521 NOkTH LOCUST ST., DENTON, TEXAS 76201._, hereafter eferred to as "Contractor"; and whereas, Owner and contractor recognize that the City has an interest in ensuring that the Improvements subject to this 1greement, which will, upon completion and acceptance by the City, i 3ecoms public property, are properly constructed in accordance with the City's specifications and that. payxrr': is made thereforl wITNESSETH r 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 _WS-&-L-JBA'+Z I. _ DEERWOOD ADDITION,IN NORTHEAST DFNTON, TEXAS the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • i, enants oi_S_ilLtfil~CS Contractor agrees as follows: (a) Npagjficati m . To construct and install the Improvements in accordance with the procedures, specifications and ~y'B 5t standards contained in oivision II and III of the • CentrJl C*%a!! r • • ~1?ss~S.t1~~±s~isn~r.~llc w as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such harrovesO nts, such PAGE 2 i • r specifications, standards, rLjulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Encineerj Inspections. Teltq and Orders That all work on the Improvements shall be performed In a good and workmanlike manner and to the satisfaction of the city Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of f materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his I representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorised or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the city Engineer shall notify the owner of such failure and may suspend inspections of such work • until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. ! PAGE 1 a ' 'r n'"~ ( .7r ri 3! T 'i1 5 OgT 1 }ri..d e I• r4. • , , ~ r .~r.,.~ 1 i n a t. r r n • . I I (c) Insure M. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided c--..+~Scations COC for in Item 1.26 of Division I of the w c~~~ral Texas, as ascended, the o ►.1 + 4terke CO ctrl}Gt ~ - 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) r~nst ruGtonr That the means and methods of construction shall be such as contractor may choose; subject, howeverr to the City's right to reject any improvements for which the means dr method of construction does not, In the judgment of the City Engineer, assure that the improvements .:erp constructed in accordance with City sr.cificationsr owner and 2. Contractor mutually agree as follows: (a) e.rtersanes eons Ese-rgM Aarsemsat• That if buil'.ing permits are to be issued for the development prior to completion l and acceptance of all improvasents that are to be dedicated to the public, the following security requirements shall apply, unless the • 's ' development is a "one lot development," as defined by city Development Code: 3 (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 the the Improvements meeting the specifications and shall be City, shall be in favor of the City, a executed by a business in the State surety of company dsrthoriaed to do business PACE 4 1~ y d c~ J. I • (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to. an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Pavmant. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (loot) of the f approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the improvements, shall ue in favor of the City, and shall be executed by an approved surety company authorized to do business in the state of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (1) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the constructive of the Improvements shall be fully paid and satisfied before acceptance of the improvements fy 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 £nginrpr, stating "iat all bids, charges, accounts or clnims for labs performed and material furnished in connection with the construction of the • Improvetiients have been paid in full and that there are no .mreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be ated to the public. a complete list Engineer, of alt aupon racto the rtkl e furnish the City Cont subcontractors who performed labor on, or supplied PAGE 5 I • • j I a j i material for, the construction of the Imprvvemm+ntc, #oo, when requested,, written statement from my ar each of such subaontroctaro or suppliers that tntf,> heve been paid in full. j i 1c) A&S4iaM., Fjrial patron.. Ifti.s provision (c) applies vnJ y wlwre the 9wner and contractor are not to sage party. 7 That a6 6dw;urity for the faithful completion of the Improvements, Contrer:tor and Ownet agree that the Owner shall retain ten percent of tKe total 4oJJ.ar amount of the contract price until after final { apprvys; or ac-c*ptanre Qf the improvesio is by the City. The owner shall thsreafter pay the Contractor the retainage, only after contractor has furnished to the owner Wtisfactary evidence that a12 i»4ebts4ness crwnscte4 with the work and a11 sums of money due for laWr, matorisle, apparatus, fixtures or machinery furnished for and us" in the performance of the work have bean paid or otherwise satfsfis4, (d) 5AWULbXAWA A. That upon completion and approval or acceptrancs of the Improvements of the City, the Improvements shall hor,,oxa the property of the City from and clear of all liens, r,14fas, charges or encumbrances of any kind. If, after acceptance ar the Improvements, any claim, lien, charge or encumbrance is • ms4a, or found to exist, against the Improvements, or land dadits*tod to the City, to which they are affixed, the owner and ~:~nf.iautnr shall upon notice by the City promptly cause such claim • lion, charge or encumbrance to be satisfied and released or • s promptly poet a bond with the City in the amount of such claim, PAGE 6 • ''~/r. ;1. ' 1 44,'li,e~.,5~.1~j~,~5~~~d}S«~5ap~'S«54701 ~ i f~ ~ • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance, (e) Maintenance Mid. 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 sAv- harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any Injuries or damages received as sustained by any person, persons or property on account of the operations of the contractor, his agents, employees or subcontractors or on account of any negligent act of fault of the • Contractor, his agents, employees or subcontractors In construction of the Improvements) and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or • damage. (g) Agregmant Controlling. That the provision of this agreement shall control over any confliating provision of any contract between the owner and Ce ~ractor as to the construction of the Improvements. PAGE 7 ` __...__.~..~r.:-.....+~_....... ~SP's. ,F :i!. 3. Occupancy one Lot Develotiments. 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 aro cgMaleted and accepted by the City, and that upon violation thereof will pay the city $3,000.00 as liquidat-.ed 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 def).ned by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the • Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5, Venue and governina L w. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall • • lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 K. -=-SAL -NIM ~-MMARLON-MIARLM-mu I i • J II i 1 „k.e~~ end ssians. This contract shall be binding upon 6. and inure to the benefit o[ the parties hereto, their respectlvfa successors and assigns. APRIL 199` Executed in triplicate this, _et day of OWNER GREENFIELD WOODS JOINT CONTRACTOR DER CONS ION COMPANY VEN E (DEVELPOE ~ . BY: SY% CITY OF , TEXAS 9Y1 CITY MAN AC A ST- J IFER LTERSi CITY SECRETARY APPROVED AS TO LEGAL FORHi DEBRA A. DRAYOVITCHj CITY ATTORNEY r I f S w PACE 9 two 'V r~ , y.W r~ .~v+rv"^41HrwlvYN ~r . r w SM 1.: xK~ 4• 4 V~ ti 4 !vI.1 Sri lv~ I • EXHIBIT A CONSTRUCTION of UTILITIES and STREET PAVEMENT DEERWOOD ADDITION CONTRACT AGREEMENT BETWEEN DEVELOPER and CONTRACTOR on the BASIS of a STIPULATED LUMP SUM CONTRACT PRICE 1 This a r^Sf greement is dated then day of A.D. Aibri 1994 by and between Greenfield Woods Joint Venture Develo rand (Contractor), ( ) The Developer and Contractor agree as follows: Article 1: The Contractor shall complete construction Work on the Improvements shown on the Project plans (but excluding new sidewalks), Including all incidental tasks that may be necessary to complete the Work, subject to applicable portions of the Contract Documents, specifications, eta IT IS EMPHASIZED THAT THIS CONTRACT IS BASED ON A LUMP SUM CONTRACT PRICE. THE LUMP SUM PRICE AGREED UPON FOR COMPLETING THE WORK IS THE AMOUNT THAT WILL BE PAID FOR COMPLETING IT IN FULL, REGARDLESS OF INCIDENTAL TASKS AND MATERIALS THAT MIGHT BECOME NECESSARY IN ORDER TO OVERCOME OBSTACLES OR UNFORESEEN SITE CONDITIONS. Article 2: The Project is subject to approval by the City of Denton, the Developer, and representatives designated by the Developer to act on his behalf. Article 3: The Work shall be entirely completed within e-WA calendar days after the Developer, or his designated representative, Issues a written N tics to Proceed to the Contractor. Article 4; For each day (if any) that completion of the Work is delayed beyond the date established by the Issuance of the written Notice to Proceed combined with the number of calendar days spec!!'ed • in Article 3, the stipulated lump sum contract price shall be reduced by Three Hundred Dollars ($300.00). Article 5: Except for reductions consistent with Article 4, the Developer w0l pay to the Contractor for completion of the Wor* In Its entirety the stipulated Lump Sum Contract Price ol: • • • 7w„ kwr4/r's( lwtwlY 4e 9VVS4nd Awhs?&dVtdso&M 22f~507 pp s(words) (numbers) ft .,:.._..._.w.~m'.._yupfp 1..-•..,.. _,..._.~_w---......,wuM+-.._..... v~ f', . ' .'~*>.at a ' ~ } T~S_ , • • ' I EXHIBIT A Article 6: The Developer will pay the Contractor up to two progress payments each month, Item 11 under Supplementl_~on~iit)ons explains the procedure that will apply. Article 7., The Contractor attests and affirms that he has familiarized himself with the nature and extent of the Contract Documents, the Work, the Project site, the Project locality, and all local, state and federal Rules, Codes, Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work, Article 8: t The Contractor has reviewed and checked the Project site and all Information and data shown y or indicated on the Contract Documents with respect to factors that In any way may affect the Work. The Contractor has given to the Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by the Engineer Is acceptable to the Contractor. ( Article 8: ! The Contract Documents which comprise the entire agreement between the Developer and the Contractor concerning the Work consist of the following: I, The attached Instructions to Bidders. 2. This Contract Agreement. 3. The attached general Conditions of the Construction Contract and Supplemental Conditions. 4. The construction plans (prepared by the Engineer) and the City of Denton standard construction details, 5. The City of Denton construction specifications, plus other applicable specifications, 6. The City of Denton 'Development Contract' (three-way contract), an agreement among the Developer, the City of Denton and the Contractor. 7. The payment affidavit (to be provided by the Contractor prior to final payment for the Work), 8. Insurance certificates to be provided by the Contractor. 91 Addenda Issued In writing by the Engineer, numbers: and 10. The Bid rm, 11. Bonds required for the Project, 12. Miscellaneous Attachments (listed In the Table of Contents). 13. Other specifications, Rules, Codes, Laws and Regulations that apply to the construction activities, Including (but not limited lo) statutes requiring the Contractor to provide for trench safety and traffic control. • • • -12• F • E,,HIBIT A Article 10; No assignment by a party hereto of any rights under or interests In the Contract Documents will be binding on the other party hereto without the written consent of the parry sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extant that the effect of this restriction may be limited by law), and unless specifically stated to the contrary In any written consent to an ussignmort, no assignment will release or discharge the assignor from any duty or (wponsibility under she Contract Documents. The Developer and the Contractor each binds himself, his partners, successes, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal ropresentalIves in respect of all covenants, agreements and obligations contained n the Contract P Documents. IN WITNESS WHEREOF, the Developer and the Contractor sign this Agreement in triplicate. (One signed original shall be delivered to the Developer, one to the Contractor and one to the Enginu~•r.J This Agrooment will be effective on the i _ day of A.D. 1994. Developer: Greenfield Woods Joint Venture Contracts: QQ 'ovt~ M t 2400 F.M. Road 2181 Address: Irv ci Denton, Texas 713205 / " i F By; 8y: Alm k Witness: t Witness; i 13• f I I , c y ~t j j, T' • • AAAUI9AL' ' BOND PREMIUM BASED ON PROTECT NO. FINAL. CONTRACT PRICE CONTRACT No. PERFORMANCE BOND BOND No. 561869 THE STATE OF TEXAS S BOND EXECUTED IN THREE (3) ORIGINALS COUNTY OF DENTON S KNOW ALL MEN BY THR82 PRESENT81 That B Cons[ruct on Com an Inc., 521 N. Locust Street, Denton, Texas 76202 of Denton County, Texan, hereinafter called Principal and Capitol Indemnity Corporation, P.O. Box 5900, Madison, Wisconsin 53705-0900 a corporation organized under the laws of the State of Wisconsin and authoritod to do business in the State of Texas, here na er called "Surety", are hold and firmly bound unto the City of Denton, Texas, a municipal corporation, in Denton County, Taxae, hereinafter called "City" in t.16 penal Sutra of Two Hundred Twenty-One Thousand Five Hundred Seven and no/100----------------- 221 - lawful awncy of tha United States, for the payment of which aws well and truly to be made we bind ourselves, our heirs, oxeoutors, administratore, and ■uecessors, jointly and severalli, and firmly by these pres;entst. THE condition of this obligation in such that. W}{EREAS,, the Principal entored into L certain contract with owner, dated ist tho day of April , 19 94 , in the proper perfors>tanae of which the City of Denton, Texas, has art interest, a copy of which is hereto attached and made a part • hereof, for the construction ofs utilities and street pavement at Block A, Phase 1, Deerwood Addition in Northeast Denton, Texas NOW, THEREFOR);, if the Principal shall well faithfully causq to be truly, and performed and fulfilled all of th4 undertakings, covenants, torus, conditions, and agreements of said Contract to accordance with the plans, Specifications, and Contract nocuments during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, . 0 s i M ' x......w.v... air.-. and during the life of any guaranty required under the Contract, and shall also well and truly cause to be Performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemads, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, forthor, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Suroty, for value received, hereby stipulates and agrees that no change, extension all time, alteration or addition to the terms of-the contract, or to the work performed thereunder, or the plans, Spaeifications, Drawings, etc., accompanying the sane shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms at the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 5th day Of _ April, 1.9 94 i PRINCIPAL SURETY DBR Construction Company, Inc. Capitol Indemnity Corporation 14a, p'& ATTD -IN-FACT C ery -L. Humphrey ATTEST: ~~~JJJ t SECRETARY r ' NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DhTZ OF BOND j MUST NOT BS PRIOR TO DATE OF CONTRACT. . wF l.1! ~ 5t 1i M _ _ r. t < A~j i _ -~4**!. "~"^►y:. ~>i ~µn±{ 1 5 . ai ~;tj`],~di $ifi^ G~ • ~~+i r e Y • r PROJECT N0. BOND PREMIUM BASED Off) r.JNTPACT NO,, FINAL. CONTRACT PRICE PAYMENT BOND BOND No. 561869 THE STATE OF TEXAS S BOND EXECUTED IN THREE (3) ORIGINALS COUNTY OF DENTON S THAT DBR Construction Company, Inc., 52l N. Locust Street, Denton, Texas 76202 Of Denton County, Texas, hereinafter called principal and Capitol Inde it Corporation P.O. Box 5900 Madison Wisconsin 53705-0900 s corporation organised under the laws of the State of Wisconsin and authorized to do business in the State of Texas, hsreTnaft r called "Surety"1 are held and firmly bound unto the City of Denton, Texas, a Munioipal corporation, in Denton County, Texas, hereinafter Called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of Two Hundred Twenty-one Thousand Five Hundred Seven and no/100------------•-------------------------- ($221,507.00---------_~ Dollars, lawful money of the United,Stataa, to be paid in Denton, Denton County, Texas, for the payment of r. which a= well and truly to be made we bind ourselves, our hairs, executors, administrators, and successors, jointly and severally. • THE Condition of this Obligation is such that: Misms, the Principal entered into a certain contract with Owner, dated the let day of A r1l _ 19 94 in the i proper performance of which the C y Of Denton, Texas, has an 2it interest, a copy of which is hereto attached and made a part hereof, for the construction of: utilities and street pavement at Block A, Phase J, Deerwood Addition in Northenst Denton, Texas PAGE ONE NOW, THEREFORE, if the Principal shall wall, truly, and faithfully cause to be performed its duties and make or cause ` Contractor to sake prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for In said contract and any and all duly authorized modification of said Contract that may hereafter be wade, notice of which modification of this surety is hereby expressly waived, then this obligation shall be void, Otherwise to remain in full force and effect. Provided further, that if any legal action bo.filed upon this bond, venue shall lie in Denton County, Texas. P. AND THAT said surety for value received hereby stipulates and f agrees that no ohange, extension of time, alteration or addition to j the terms of the Contract, or to the work performed thereunder, or the Plans, specifications, Drawings, ate., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be perforaea thereunder, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deesod an original, this the st_h_ day of _ April , 14 94 , PRINCIPAL SURETY UBR Construction Company, Inc. CaE itol Indemnity Corporation BY, BY, A Y-IN-FACT Chary "L. Humphrey ATTEST, t SECRETARY NOTES DACE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT- VAMP TWO ,i; i i • I i r PROJECT NO. ^ BOND PREMIUM BASED ON CONTRACT NO. FINAL CONTRACT PRICE BOND NO, 561869 CONTRACTOR0S MAINTENANCE BOND (DEVELOPMENT CONTRACT) BOND EXECUTED IN THREE (3) ORIGINALS THE STATE OF TEXAS 5 KNOW ALL HEN BY THESE PRESENTS: coum or DENTON 5 That DBR Construction Company, Inc., 521 N. Locust Street, Denton, Texag 7§20? of Denton _ County, Taxes, hereinafter called principal and Capitol Indemnityy Corporation, P.O. Box 5900, Madison, Wisconsin 53105-0900 a corporation organized under the laws of the State of Wisconsin and authorized to do business in the State of ToNse, hero naftar called "Surety", are held and firmly bound unto the City of Denton, Texan, a Municipal Corporation, in Denton County, Texas, herainafter called "City" in the penal sum of Twenty-Two Thousand One Huad,% Fifty and 70/100---------------------------------------- Dollars, lawful money of the United States, the Paid sun being ten percent (101) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the tat day of aril , 19 94 , in the proper performance of which the City 9 en on, Toxes, has an interest, a copy of which is hereto attached and made a part hereof, for the construction aft utilities and street pavement at Block A, Phase I, Deerwood Addition in _ • Northeast Denton, Texas DACE OH9 i • i NOW, THEREFORE, if the Principal shall well, faithfully maintain and keep in good repair the work oo tztrulylY, and be done and performed for a period of one od to raCt (1) year from the date of acceptance in writing by the city of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the sane, includ!ng, 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 conolusiva, s determines to be the result of defective work, materials or labor) than this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective aonditicn of the work as determined materialstat necessary a and charge the sum against the and uPrincisuch pal 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 oxhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the dame shall not be changed, diminished, or in any manner affected from any cause during said time. PROVID$D, further, that if any legal action be filed on thin bond, venue shall lie in Denton County. IN WITNESS WHEREOF, thin instrument is executed in triplicAte, each one of which shall be deemed an original, this the 5th day o[~~ 19 96 i PRINCIPAL, SUR E7rY J DBR Construction Company, Inc. 1 Capitol Indemnity Corporation A BY: Byl 119`POfitj IN=F'AAC'i'Y I~ - Cheryl. L, Humphrey PAGE M t / 1 tI i( 11 J ftt ~l (~ry'fggt C tl (t4' t l q~ a ice. 1 irM7 _ n .13 i tJ NOTE: POWER OF ATTORNEY OF SURETY WJST BE ATTACHED. DATE OF POND KUST NOT gg PAXOR TO DATE Of CONTMCP. ATTESTS SE s 4 f i A T a G nlx1. P i =..N k.~4j J l k~ 1 ` tw i u.nIpN?LR. t.>i1.~ Ih; •~i ......w...r.LL.: yl 4rrY~{~~ t~ ~i fit. I ii ' IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to information on companies, coverages, rights or complaints ats obtain I 1-800-252-3439 You may write the Texas Department of Insurances 3 P- 0. Box 149104 Austin, TX 75714-9104 FAX 0(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document, . as 1 . s. s r h • , S( V .~iF~f "k o" f • v o VqMWINDEMNITY CORPORATION Bond No. 561869 POWER OF ATTOi ,53650 I KNOW All MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the $tat* of Wisconsin, having its principal offices In the City of Madison, Wisconsln, does make, constitute and appoint ----V. R. DAHIANO, JR,, CHERYL L. HUMPHREY, BETTY d, DAMTANO, SHANE A. HUMPHREY---- j{ -OR MALAYR MENI)ETr--------------------------------- I Its tram and lawful Attorney(s)-In-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as Its act and deed, any and all fonds, undertakings and contracts of wreyship, provided that no bond or underfoking or contract of j sureyship executed under Ns authority shall exceed in amount the sum of - - NOT TO EXCEED $1,000,000.00--- This Power of Attorney Is granted am Is signed and sealed by Facsimile under and bythe authority of the follow- ing Resolullcn adopted by the BeardofDlrectors of CAPITOL INDEMNITY CORPORATION at a meeting dulycolled and held i on the Sth day of May, 1960: "RESOLVED, that the President, any Vice-President, the Secretary or Trmwer, acting Indivldualty or ethet- wise, be and they hereby are granted the power and outhorlsotion to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory, in the nature thereof, one or more resident vice-presidents, asshfcol secretaries and ottorney(s)-in-Isct, each appoint** to Nava the powers and dories usual to such of- (ices to the business of this company; the stgnotuse of such officers and seal of the Company may be affixed to onysuch power of attorney or to unycenli ficate relating thereto by focslml It, and anysuch power of alterneyor certUlcate bearing such Foe- tlmiie signatures or focsimile s+ol shall be valid and binding upon the Company, and any such power to executed and certf• fled by facsimile signatures and focsimile tool shall be valid and binding upon the Company In the future with respect to any bond of undertaking or other writing obligatory In the nature thereof to which fl it attached, Any such appointment may be revoked, for cause, or without cause, by any of sold officers, of any Ilms," IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORAI.JN has caused These presents to be signed by lit officer undersigned and its corporate seol lobe affixed duly allotted by Its Secrelary, this I st day of August, 1973. Attest: CAPIT NDEMNI C HODRATION 4 MN %;~r~tnelafy STATE OF WISCONS' l President ) SS. COUNTY OF DANE ) On the I sl day of August, A. D., 1973, before me personally came George A, FoBr to me known who being by me duly sworn, did depose and say: That he resides in the County of Dane, Stale of Wisconsin; That he Is the Presider( of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above Instrument; that he I knows the seal of the sold corposation; that the seal affixed lo sold Instrument Is such corporate seoh thul It was to • affixed by order of the Board of Directors of sold corporation and that he signed his name thereloby like order, stun ; STATE OF WISCONSIN) A S5 Cory Public, Dane Co., Wisconsin 11 . COUNTY Of DANE ) My Conrmlxien is pennsonent CERTIFICATE I, the undersigned, duly elected to the office stated below, now the Incumbent In CAPITOL INDEMNITY • CORPORATION, a Wisconsin Corpoaliou, authorized to make this cerlificote, DO HEREBY CERTIFY that the foregoing at- • J attached Power of Attorney remains In lull force and hw not been revoked; and furthermore, that the Resoiuflw of the Board ss,,,~f of Directors, set (anti In the Power of Attorney is now In lares, j Signed and sealed of the City of Modison. d the 5th day of April i9 94 . fl~~~uti ~ i { e ! r i, VVr... Ye. y //James P. Bill /,4 ylce-President _ i • _ js": . 1: ,n ,F)rr.r, ~"ars'ky. ",(Et , h r'"~V}v'07 ~'t>>~t~f,. i i'1 i w N } k i . ~ _ ~ ....,_-~.al.....~.d.u...C.~wua....~fuSaw...'~.....~.».I:~w.._r..._Ji i._... oaooonaaopc~o~o 16 4 y I ~4, Qaa N, oo~oo° aaao i ~J } I I ~k YI 1 f J _ < ~ R ~ r, yea f ~ 1 `5 c ! t r}: t~'~~ti~ ~ v kM1j~ r7k YY ~ 1}}~ yr + 1'= YYqq S • I • I~ 9 1 AAAUUD9) PROJECT NO. *64Y&C' CONTRACT NO.~ THE STATE OF TEXAS $ DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas, R)hart_ M_ and anralri W_ Rrnwn (nPyP1 npPr) hereafter referred to as "Owner," whose business address is 9634 Webbs Chapel Road, Dallas, Texas 75220 r is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with i • the city's specifications, standardw and ordinances; and (select applicable provision as follows) Whereas, the Owner elects to construct the Improvements • without contracting with another party as prime contractor, in • • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or 1 d> i Whereas, tl:e owner elects to make such improvements hereafter set forth by contracting with DHR Construction nampanw whose business address is 521 Nnrth Texas 76201 , hereafter referred to as "Contractor"; and whereas, owner and contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City~s specifications and that payment is made thereforl 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 Rinrk A. PhaSP 1.1 _Deerwood ddition, in Northpa u. TgxAs ,r the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants of Contractor. contractor agrees as follows- (a) specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the CitvLs Stan and • fur-rio North Cantr 1 Texas, ~ • • Specifications fgr Public-Works- as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGF. 2 ` • specifications, standards ~ , regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein, (b) 811 hors v et etr., Enain•.r 9.rders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the Satisfaction of the city Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifim,.tions. The contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applieablw thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City } Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inapections of such work until such failure is remedied. If such failure is not remedied to • • • the satisfaction of the City Engineer, the Clt Y shall have no obligation under this agreement to approve or accept the lmprovemn,^ts. PAGE 3 f''"~... • i ' s (c) InililallQS To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Divivion I of the ,~tandatd anec~s_igations for sun„c iya~i(s Construction North central Texan, 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) Bon na and Methods _of gQ.wL.tryctian. 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 turner and Contractor. owner and Contractor mutually agree as followst (a) Performance Bondst gacrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Codet (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 g!karanteeing the full and. faithful completion of the improvements meetinq the specifications of the city, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PACE 4 ~ .Y._~. _ y...-...... ._~e.ry+?... J.._ l~r~?~ Y.'A ~l, ~.it rl~'!N~} ~r~~~A7~Y@~'7 it , 7•rm • (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,o00 or less, a■ dete;;ined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to. an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond Assurance of Payment, That prior to F acceptance of the Improvements: M a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the state of Texas; or, (ii) $50,000 if he total contract amount of all Improvements Is Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied • before acceptance of the Improvements Improvements, City and that prior to acceptance of the the Owner and Contractor shall furnish a written affidavit, in a form provided by tho City Engineer, stating that all bids, charges, accounts or clnima for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there • • are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 i • i I material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontrActors or suppliers that, they have been paid in Lull, (c) 8atainape: Final Payments. (This provision (c) applies only where the owner and Contractor are not he same party.) That as security fo- the faithful completion of the Improvementa, ContracLjr and wner agree that the owner shall retain tan 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 i for and used in the performance of the work have been paid or otherwise satisfied. (d) Enpym rancas. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free end clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of the Improvements, any claim, lien, charge or encumbrance is i fh made, or found to exist, against the Improvements, or land ii 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, PACE 6 0~ • 'C s 3. Occupancy,, One Lot Developments. Owner further agrees as follows: i (a) That owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all improvements are completed and accepted by the City, and that,,, „ upon violation thereof will pay the City $1,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the 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. QQVenAnts o! City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. I 5. Yrnue and Governing Law. The parties herein agree that this i contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this i contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 0 1 • • i i 3 I 6. Successor and Ass.iyans. This contract shall be binding upon l and inure to the benefit of the parties hereto, their respective successors and assigns. ~I Executed in triplicate this, I4th day of Aril JJJ OWNER CONTRACTOR BY. G BYt CITY OF DENT , TEXAS ' BY E I EA (W s ATTESTt I R LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY • BYt i PAGE 9 _w ..,.-»_.w t• •.......-.....~--u.+w~r}M+..-rte.. • • i • 1 i I + EXHIBIT A CONSTRUCTION Of 48' STORM DRAINAGE SYSTEM DEERWOOD ADDITION CONTRACT AGREEMENT BETWEEN BROWNS and DBR on the BASIS of a STIPULATED LUMP SUMCONTRACT PRICE This agreement is dated the Y.u day of April A.O. 1994 by and between Robert M. and Gerald W. Brown (Brownel and DBR Construction Company (DBR). The Browns and DBR agree as follows: Article 1: DBR shall complete construction Work on the improvements shown on the Project plans including all incidental tasks that may be necessary to complete the Work, subject to applicable portions of the Contract Documents, specifications, etc, IT IS EMPHASIZED THAT THIS CONTRACT IS BASED ON A LUMP SUM CON TRACT PRICE. THE LUMP SUM PRICE AGREED UPON FOR COMPLETING THE WORK IS THE AMOUNT THAT WILL BE PAID FOR COMPLETING IT IN FULL, REGARDLESS OF INCIDENTAL TASKS AND MATERIALS THAT MIGHT BECOME NECESSARY IN ORDER TO OVERCOME OBSTACLES OR UNFORESEEN SITE CONDITIONS. Article 2: The Project is subject to approval by the City of Denton, the Browns, and representatives designated by the Brownsto act on their behalf, Article 3: The Work shall be entirely completed within sixty (60) calendar days after the Browns, or a designated representative, issues a written Notice to Proceed to the DBR. Article 40 byrtheach day e issu nce of the written Notice to Plroceedkcois delayed beyond the mbined with the number of calendar days specified in Article 3, the stipulated lump sum contract price shall be reduced by Three Hundred Dollars ($300.00)• If Article b: Lump , Sthe Brown um Contract will ice pay to OR o completion Except for reductions entirety the consistent stipulted Article of the Work In its 7 Thousand Five-Hundred Twenty Dollars (W,520.00). Article 67 The Browne will pay DBR a single progress payment each mOrrth, `i 4 v~,.._.,.ue.....~ave fyf 'i[,', .1'. r. ~ ~ ik.t~ ~ ~ ~~p ~•~S~i F t fE21' . , ] • TAU , l,i.i `_F~ ~ T`"Tl}`7~?~)~s ~ E ,'f y~ a I I~I EXHIBIT A Article 71 DBR attests and affirms that he has familiarized himself with the nature and extent of the Contract Documents, the Work, the Project sits, the project 1oeality, and all locnt, state and federal Rules, Codes, Laws and Regulations that 1,1 any manner may affect cost, progress, performanceor furnishing of the Work. Article 8: DBR has reviewed and checked the Project site and all information and data shown or indicated on the Contract Documents with respect to factors that in any way may affect the Work. DBR has given to the Engineer written notice of all conflicts, errors or discrepancies that It has discovered in the Contract Documents and the written resolution thereof by the Engineer is acceptable to DBR. Article 9: The Contract Documents which comprise the entire agreement between the Browns and DBR concerning the Work consist of the following: 1. ?he attached Introduction. 2. This Contract Agreement. 3. The attached General Conditions of the Construction Contract and Supplemental Conditions. 4, The construction plans (prepared by the Engineer) and the City of Denton standard construction details. 6. The City of Denton construction specifications, plus other applicable specifications. 6. The City of Denton 'Development Contract' (three-way contract), an agr-ment among Browns, the City of Denton and DBR. 7. The payment affidavit (to be provided by the Contractor prior to final payment for the Work), 8, Insurance certificates to be provided by the Contractor. 9, Bonds required for the Project. 10. Miscellaneous Attachments (listed In the Table of Contents), 11. Other specifications, Rules, Codes, Laws and Regulations that apply to the construction activities, including (but not limited to) statutes requiring the Contractor to provide for trench safety and traffic control. r Article 10: • No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on the other party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become clue and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. I 6 VIC jj i • • EXHIBIT A The Brownsend DBR each binds himeelf, his partners, succeswrs, assigns and legal representatives to the other party hereto, his partners, suearawrs, assigns and legal representatives in respect of all covenants, agresmentsand obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Brownsand DBR sign this Agreamentin duplicate. (One signed original shall be delivered to the Browns, and the other to D9R.) This Agreement will be effective on the ,.,day of April A.D. 1994. Developer; Robert M. and Gerald W. Brown Contractor; D2 R Non~uet Co., Dw. 9634 Webbe Chapel Road Denton, Texas St. Dallas, Texas 76220 L Dent) - 1S.:• 3WT 4 L Byi~ By' Witness; Witn i , a { r[ k I a r i r • ni, • a, ooppp op4q~DCp~~O oooq . r ~o Nrc t♦ ADO ~~aU0a~4bpp~ j I ~ r + 1 f Ii 1 f i i r ~ .w MMMM • • I PROJECT NO. •/d CONTRACT NO. a~ THE STATE OF TEXAS § DEVELOPMENT CONTRACT COUNTY OF DENTON Q Whereas, hereafter referred to as "Owner," whose business address is _ is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and fry Whereas, Owner wishes to develop the property and such development must be performed in accordance with ,:he applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the Beginning of construction of said development, a development contract is required to insure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and (select applicable provision as follows) [ J Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in i I f . F,i~:~; Vii: ~~5tP ';`i~~13fa).~.1~i ''~'YF e"~. • • i j j i I 1 1 which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or whereas, the Owner elects to make such Improvements here- after set forth by contracting with whose business address is Lo, 1~ o/ 2 5c - 41,o ja fovt to zo Z , hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants of Contractor. Contractor agrees as follows: • • (a) Specifications. To construct and install Lite Improve- ments in accordance with the procedures, specifications and PAGE, 2 • • standard contained in Division II and III of the City's Standard Specifications for Public Works Construction. North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to 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 r i Engineer or his representative, The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his 4 representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the j specifications appU cable thereto. Any work done or materials " • used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense, Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City PACE'3 • ' I j I 1 3 i Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for j Public works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the • judgment of the amity Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and ` • ~a~ rtrrxzxiuanct j3nnz; t6CSO4' tutraement. 'That ii oullGing • , permits are to be issued for the development prior to completion PAGE 4 • • and acceptance of all Improvements that are to be dedicated to the public: (i) a performance bond in an amount not less than the amount necessary to complete the Improvementa, as determined by the City En sneer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by an approved 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 $500000 or leas, as determined by the City Engineer, cash money in the amount necessary to complete the improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. .(b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100x) of the approximate total cost of the contract cost of the Improvements guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the improvements, shall be in favor of the City, and shall be • executed by an approved surety company authorized to do business in the State of Texas; or (ii) if the total contract amount of all Improvements is leas than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and • • • 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 PAGE 5 r • _ _ p~+--. u+.++.-..~.M~J.~.. ~ I i te.d.~ i~{~r t~f[!h~h Sp~{T1'Y1~~~~~'~'v"i,FVj~~./ Y(~~~4 T 1 fr.f 1 , ~ F s i Improvements by the City and that, prior to acceptance of the Improvements, the owner and contractor shall furnish a written affadavit, in a form provided by the City Engineer, stating that all Dias, Charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements nave been paid in full and that there are no unreleasea recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied material for, the construction of the Improvements, and, when requested, a written statement from any or each of such subcontractors or suppliers that they have been paid in full, J (c) Retainagei Final Payments. (This provision (c) applies only where the owner and Contractor are not the same party.) That as security for the faithful completion of the Improvements, Contractor and uwner agroe tndt the Owner shall retain tan percent of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The owner snail tnereafter pay the Contractor the retainage, only after r contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of mont, due for labor, materials, apparatus, fixtures or machinery furnished i for and used in the performance of the work have been paid or S otrierwise satisfied, (d) Encumbrances. That upon completion and approval or A acceptance of the Improvements of the City, the Improvements shall PAGE 6 i _ w.._ `1(Y l 31 f}1Y "'01 r f i 1 i r ~J J ,.I...nn wr.r. YrV. .r..r r.rt. v..... F..i.. .e ~ r\ oecome the 'property of the City free and clear of all liens, claims, charges or encumbrances of any kind. It, after acceptance at the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land aeoicatea 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 encumorance to be satisfied Ana released or promptly post a bona with the city in the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure 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 rorm 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 detects aue to faulty material and workmanship that appear within one year from the date of acceptance, The bond shall us in savor of the City and shall be ( executed by an approved surety company authorized to do business j • in the state of Texas. It) Indemnification. To indemnify, Ostend and save harmless the City, its officers, agents and employees trom all uits, actions or claims of any character, name and description • brought lot or on account of any injuries or ou[ayss received as sustained by any person # persons or property an account of the PACE 7 r,a,.v ».~....._.,.•...rw...'--...,,,,~,~~y i ,i ~ ,~~rti~ne, ~..s ppmR ) 1r,k~ rh t+ ~'e 1 ,n.a+; • i 1 i a I operations of the Contractor, his agents, employees or sub- contractors, or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in construction of the Improvements! and shall pay any judgment, with coats, which P may be obtained against Lhe City growing out of such injury or damage. (g) Agreement Controlling. That the provisions of this agreement shall control over any conflicting provisions of any 1 contract between the Owner and Contractor as to the construction of the Improvements. 3, occupancy. Uwner further agrees that owner will not allow any purcnasers, lessee or other person to occupy any building within the oeVelopment until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the city *31UUU.UU as liquidated damages, but such payment shall not oe aeemed approval of such occupancy and the city may take what- ever action necessary to restrain such occupancy, • 4, Covenants of City, That, upon proper completion of the ~i Improvements in accordance with this agreement, the City agrees to accept the Improvements, 5. Venue and Governing Law, The parties herein agree that • . tnia contract shall be enforceaole in Denton County, Texas, and if loyal action is necessary in connection therewitn, exclusive venue PAGE 8 ON _ r • _ rr,....y..~yar~~.. y~ 'N r( i `r' y ~1 yi '7 "r MS'~~Ir r~'t,~'S 1/f"xbM~f'?f f' F i'`tl ' ~?A • f a i shall lie in Denton County, Texas. The te[ms and provisions of this contact 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 oenefit of the parties hereto, their respective successors and assiyna. Executed in triplicate this, cAgPJ day at A e v / 19~. OWNER CONTRACTOR OLD- f o'b / c BY. BY: CITY OF uENT No TEXAS BY , CIW MANAGE ATTEST: • _ No CITY SECRETARY 2TY OF ENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY • CITY OF DENTON, TEXAS • • BY: PACE 9 • • WATERLINE (PVC) FACILITIES ITEM QUANTITY UNIT PRICE EXTENSION Connect to Existing System (remove Plug & Block) 3 EA $ 250,00 $ -76Q-00- 8-Inch Walermaln 637 LF $ 14,00 $ 13.118,00 4-Inch Watermaln 30 LF $ 13,00 S 0,K- 6-Inch Gale Valve 8 EA $370,00_ $ 2,220,00 4-Inch gate Valve 1 to $ 35010 $ 350,00 MA-Inch Tea 4 EA $ 18010 $ 840.00 640-Inch Tee 1 EA S 160.00 $ 150.00 8-inch, 60 degree bend 2 FA $ 140,00 $ 280.00 8 inch= 45 degree bend 4 EA $10.00 $ 520.00 e-inch Plug 2 FA $ 6000 $ 100,00 E~ 4-Inch Plug 1 EA $ 40,00 $ 40,00 Fire Hydrant (6-inch, CI'y Standard) 3 EA $ 600.00 $ 2700.00 2-Inch Water Service Tap 1 EA $ 450,00 $ 450.00 WATERLINE FACIUTIES t~ SUBTOTAL $ 21.708,OU SANITARY SEWER AND SIDEWALK IMPROVEMENTS ITEM QUANTITY UNIT PRICE EXTENSION Sanitary Sower Manhole 4-foot diameter 1 EA $ 95p"00 $ 650,00 4-Iool wide Concrete Sidewalk 768 LF $ 6,00 $ 7,187,00 • Sidewalk Access Ramps 2 EA $X54,00 _ $ 60,100 Y SANITARY SEWER AND SIDEWALK IMPROVEMENTS SUBTOTAL $ 8.832,00 TOTAL $ 30.340.00 Proposal - Page 8 i • "'r'te-. +.~,K:.. ` jl.~ j:`~fi r w ..,~ra~ a~rv ..f.. r t. i 1 r.. t r i. ~r)k;tVa at.!y~a~~!... ~.:;~r... ~tui . ~ S' _r., _rl i O6Z o~CC40Q9p~0~ ra 4 (9 10, A, G t Nr0 M t~ QQO ~0ooaa~aaoo°~ 1 I l Y a, ~ ` q{ 1 r' r 2 ~ ~ ip P~ <f A'Q 4 ~ r~'~~7 S !11 ~q;~ ~ ~tt ~t jrrf~(i r2 rr~.~ lI ~$j~~ 71 • i • r i i j . w.. r..! a.rir.vwl.av.TMtM1M.NRNI.MR rar<sr N.h l+•T s.n.:-. f. _.Ih, AM00097 a 1 ri ..Yr, ~I I PROJECT N0. CONTRACT N0. -THE STATE OF TEXAS S COUNTY OF DENTON S whereas, W e It I c hereafter referred to as "Owner," whose business address is 1 las Drive suit 310,-Denton, Texas 76205 STom Fouts A ent) is the owner of real property located in the corporate liait*f'pt the city of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such davr,lopsont must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "city"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter i i • referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinanaesl and [select applicable provision as follows) F-7 whereas, the owner elects to construct the Improvements • • without contracting with another party as prime contractor, in which case the provisions of this contreot which refer to "Owner" or "Contractor" shall mean the owner as named above; or • { i I I ' I Whereas, the owner elects to make such improvements hereaf~er sat forth by contracting with _ West Texas Construction q.. 1131 3 Mathis, Dallas, Texas75229 , whose business address is I . I 11312 Mathis, Dallas, Texas 75229 , hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensur'..., that the Improvements subject to this J agreement, which will, upon'complet on and acceptance by the City, J become public property, are properlj/ constructed in accordance with f - 1I the City#s specifications and that ±:ayment is made therefor; III i WITNISSM 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 Northeast corner of Woodrow and extension of Morse Street the owner, Contractor and city, in consideration of their mutual r promises and covenants contained herein, agree as follows: r • 1. Covenants of Contractor. Contractor agrees as follows: (a) 8oeai=ications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division 11 and III of the city's standard • Seeait a Lions for PPulalia or $ Canst ja long nrth central Texas, • • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such PACE I c'~t, :I • i • i i 3 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of I the agreement as though written herein. (b) Authority o City Encinseri Insoacti na Tests and Ordmrj. That all work on the improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all iC questions which arias as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, ( to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work j or materials, or to follow any other request or order of the City Engineer or his representative, the city Engineer shall notify the 3 a owner of such failure and may suspend inspections of such work until such failure is remedied. If such failurs is not remedied to • the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 • • (c) tnsuranae. 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 ar,naa d aueaiticationa !or I North , as amended, the nn■ provisions of which are expressly incorporated heroin by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City Of Denton- ---~s,oaa at Co++rtruatiGli, That the awns and (d) lltAus methods of construction shall be such as Contractor may chooses subject, however, to the City's right to reject any Improvements for which the moans or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications, owner and 2. Contractor mutually agree as followat (a) Perfo Rqndsj 'brow Aurasments That it building permits are to be issued for the development prior to completion ' and acceptance of all improvements that are to be dedicated to the • public, the following security requirements shall apply, unless the f 's development is a "one lot development," as defined by City Development Codes (i) a performance bon tin an E • amount necessary ry submitted determined by the city engineer, shell h• • • • guaranteeing the lull and faithts4l completion of the Improvements meeting the epecifioations of the city, shall be in favor of the Caytyttsoria sdh to 1 do oxoouted by a surety company business in the State of Tettael Or, phat 4 • 1 . 1 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the improvements. Without exception, the City's escrow agreement form shall be used. (b) PayMent Bond., Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas= or, (ii) if the total contract amount of all Improvements is $50,000 or lass, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts duo to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City • and that prior to acceptance of the improvements, the owner and contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there • are no unreleased recorded lions filed against the Improvements, or land to which they are affixed, • • that are to be dedicated to the public. ~.•/1 That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all ■ubcontraetc,vs who performed labor on, or eupplied PAGE 5 r . 1 i t a 1 material for, the construction of the Improvementa, and, when iiquested, written"statement from any or each of such subcontractors or suppliers that they have been pa;d in full. (c) Ratai ac l Final PaYmen"• (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 rotainage, 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) Fninumbranq@s. That upon completion and approval or acceptance of the Improvements of the City, the improvements shall become the property of the City free and clear of all lions, } claims, charges or encumbrances of any kind. If, after acceptance • of the Improvements, any claim, lien, charge or encumbrance is against the Improvements, or land or found to exist, made, 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, IG PAGE 6 r. • • i lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (a) . That prior to approval or acceptance 1 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 (10t) 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 I the State of Texas. (f) womiLl,gatign 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 i juries or damages received as sustained by any person, parsons or property on account of the operations of the Contractor, his agents, employees or subcontractoral or on account of any negligent sot of fault of the Contractor, his agents, employees or subcontractors in construction h • of the improvemental and shall pay any judgment, with costs, which { may be obtained against the city growing out of such injury or damage. • (g) agreement ContrQlliriSf• That the provision of this ` • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 e , e 3 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 so liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants o= _city. That, upon proper completion of the e Improvements in accordance with this agreement, the City agrees to accept the Improvements. i 5. Yanua and Governing LU, The parties herein agree that this 4 contract shall be enforceable in Denton county, Texas, and if legal • action is necessary In connection therewith, exclusive venue shall e r I 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 Taxes. PAGE 6 • • 'F b, muc aseor ■^d!i This contract shall be binding upon and inure to the benatit of the parties hereto, their respeatiw successors and assigns. IIday o! ~GrT- 19 Executed in triplicate this, _4A . i 7 ~ OWNER CONTRACTOR BYt` f r BY% ! CITY OF DENTONj TEAS Ys ' C T NANAOSR ATTEST& i r WALTERS# CITY SECRETARY APPROVED AS To LEGAL lORNi DEBRA A. DRAYOVITCHo CITY ATTORNEY BY 3 1~~Sd[ • .41 PAGE 9 . ..aM. • 1 I I 1 i 1 123JL PKOJECT NO. CONTRACT NO. THE STATE OF TEXAS 4 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 9 OF PERFORMANCE BONA (Development Contract-Improvements of $50,000 or Less) WHEREAS, NW Realty, Inc. , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Taxes, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drplnei-c iscilities or other improvements which are to be dedLCated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and ;i A WHEREAS, in order to receive such building permits Owner 7 may, where the cost to complete the Improvements is $50,000 or lass, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not lose than the amount necessary to insure completion of said Improvements; • S i 1 a a I NUw, MEREFORE, OWNER, City and Texas Hank hereafter called "Escrow Agent", agree 89 follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at Northeast corner of Woo row ia= shall deposit the and ex sum of Thirty-five thousand two hundred one dollars and no/100 ($_35,201.00). in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure complets.on of all improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the 4th day of May., 14 94 , between the City, Owner and Owner's Contractor, to which reference is made herein. ` 2. Notice of De• No building pcrmLts shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash moneys in the amount specified herein, has been deposited in on escrow account with Escrow Agent. 3. Ke Uase of Funds. Escrow Agent shall not release any or all of the escrowed funds until the. City Engineer authorizes the y • Escrow Agent, in writing, to release such funds as provided for i • i, Ile reta as follows: (a) the City Engineer shall sutnorize the release all the escrowed funds when All Improvements are PAGE 2 ~ • e r~, r ~ ~itcr,. ~ Y Clt~t 'df*I ~~~~~+d~~y» _'j~ } o .i. i I completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all I parties hereto. (b) The City EnEinear, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so lon as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City, 3, Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as .follows; CITY; City Engineer 215 East McKinney Denton, Texas 76201 OWNERI NW Realt Inc. 1108 Dal as Drive, Suite 310 Denton Texas 76205 (Tom Fouts, Agent) ESCROW AGENT; Texas Hank 729 Ft. Worth Drive Denton, Texas 76205 Y 4. Fees. Owner agrees to pay any and all fees or costs " • charged by the Escrow Agent in connection with this Agreement. 5. NonllabLlity of Escrow A&ant. The Escrow Agent shall have no responsibility except for the safekeeping and delivery • of the amounts deposited in the Escroy Account In accordance ♦ • with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this agreement or in PAGE 3 • connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. if any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Eacrow Account, the proper interpretation of this agreement, the duties of the Eacrow Agent hereunder or the rights of the parties to Chia agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the followings (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document In form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in intarpleador and obtain by final Judgment rendered by a court of competent Juris- diction, an order binding all parties interested in the matter. 6. Successors and Again!, This agreement shall be binding upon the successors and 44 saigns of the parties hereto, • 7. Venue. The parties hereto agree that if any legal action • • is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PAGE 4 oil i i , i ,.~,.v. ..t:".`2aYN .wV Icr M..r i. u..uy.l%i ar.rxu i...r....Va1Y... r..w.A.~~ryr....-.~,..wr»r..u:v..... f, j IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instru■enc this day of 1 A 191 f i i OWNER , CITY Of DENTON t BY j ESCROW AGENT BY: PAGE 5 •+---"`-w.±.+lwr+~. "'J'~.~yw.* r....,, y~,,~~ c.^..~ o- yn_e'itJ ~j~ ~ a' F ~ ~~r'f i v+•.a i ' ~l, U a r°,.}if\~',1. I ~~'S''1'h.dll". dOKh Od CwI.V"M~ 101. V""I 4:,1600.. ~~.,r•••~asr.+-. WEST TEXAS CONSTRUCTION CO, 118TP M81hb DA~i , TN'l~lilli 29 ATTN s TAM F'OUT$ ~ emw( X 14.,. m low DATE r.MMnkD tO (61713.$7-6931 _1-1?AY '1L 99.4 P1F PROPERTiL9 , irreet ~1Nwrt 1108 DENTON DRIVE STE. 31U„ i CITY, IIA R W lV f4tli. _ IVD 1Of:A1«MI DENTON, TEXAS 76205 - MORE TREF:P - _ \\ML'INiLC! I Id IE DI IY A/k1 TIAMID M1K1ML i 7 ..c ar '.'mss', .~x~ 'asst I •f propoor fldtob~ iO kMIA 71 TdlINktlAINI basis ~D,ApIO Oil wimmilki a WWI1OPwk AtkM b boklw. AN lha Wnl of: i T EiYS-THOUSb.YD,'i'WO HUNDRED AND' ONM WLLARS. d°1w19 _Uis 24'1-x'40 I. ~Y""' "A"O "w"bow" WEEKLY DRAWS ON LABOR, PER JOB PROGRESS, DRAMS TURNED IN ON _rk1DAXr-FaYMEbT DUE FOLLOWING FRIARY. LLSE 5% "TAIN"E ON-LABOR ONKV. 1 MATERIALS TO MAJOR SUPPLIERS (CONCRETE STEEL, VIER DRILLER) PAID BY GENERAL COIITRACTOR-AND-DZDUCTED-FROM COUTRACT PRJCL. II M ammi 1 M P"N N yl w WKYxd A" woo, N W owI.AOR"I III it .uMW+Nn MIw doom6M Ia w0"dwd A110,1aw Alv Masi ".+IN Am4ki r~ x1,N,p"l1M.1Yp 6 W Nw,Ix1Jx~Al1 .MI1G , b" ovy"Ap MYII rpN, WIN a ,p0"M.1 w!iY Va"i M1mm IM111." ww .111 b*MMI !xl NYnr ; ddld "I" " rd vail 0* "WWI M ovIM~WAn poilloo N 4pOx fYism. w:i.l dd"p a YA boW./ wx COII IH"xu W toll I"N, knp"Ii 10x1 IAhM I4WK Ilr ~ : YIIY rM"D010111N/y kN I..r i kmm&w (so 001M 0 of kllY EA.b",1 Ile Nt'NIM.1Ni 1 C~dl1."H~MIYYI knowM ~ ~ IN1) ~M:CCQ~1"~ N'IklMl _I-~ 1 We hio lle dllk"II NvOkYdOMt AI.I w4wolNU 1 Ma CI11X WORKAONLY1 DTRTWORK AND COMPACTION 30500.00 - LIMtWORK 61 1700SY STABILIZATION 5,100,00 I i 22 117.00 ~ 6~' CONCRETE PAVING 1301SY ~ j R2) CITY_I)PPROACH 124SY 6"THK 2Y108.00 :I s RIP-RAP 968Y /"THK 2,37§,90 BABE AID1 35,201.00 PBICR INCGUDR83 j DIRTWORKALIME STABILIZATION-COMPACTION-NTEEL-CONCRETE SAW.JOIHT- JOINT SEALANT-UACKFTLL-LABOR-EQUIPMENT- CURING COMPOUND C-309 EXCLUSIONSI RNGINERR LAYOUT-PERMIT-TESTING LAR-SALES TAX-LIGHT PO1,F BASES-PLANTING 'OR GRASS I ALA. 000, 00 . • TESTING LAB i I THIS PROPOSAL WHEN AC~f,PITh MS ALL BECOME A PAR~P 1,410 T 1►~T~ llcet 1lanre of prn~lnlsn may/ rld eat f JM dOkdil4wv dlld MA lw(O)y hCegl(xd. NI NM dNllxx1r1v1 @Irwlwu / / b de dw work M Ilp" kd I'dl+tlwg Wd1 111 IO A J4 M11kINN1 Id"0N. e~ y Bpndlw" ' tea: 9~f ,,,.,~,.s.-;f~ . . 1 `141+.~ ~1)+~ a,l".+1k1, f 1r1, ~ ~r N. 'V ~ - c .,.,..'~'~f„"wn' xE.,,1n~Aa.,f' ..'a" F~t`t'~u~J'~'F~I~~%~° fHi`'~'~i~f.~ t~ 1R~ ~ s, F: r 4 F }1 Z r m r . -r 2i,r ..1 dY~r l.'h*'~'i.~l{11~'.i1'.O~{~!~.~{~Kb:p.YlY}IY aVJ~Altfurrln.lYNdry4~.W' 1P(W9V1M/dM1f`i~~r'rhlxrl..r OO~~p o00000TOO OpO a ro O O 4 C ♦ O 1 NrC N. 1' oO0 ~~000044~~ 7 • t rhh75 ~r 1't 13x+s f i f r~A v...n.v..nW..a i g,1~,,,~+ y~ ti ea ~ ;~V ~ ~ ~,luy It~b i:d~e ♦ya'. i • 1~ { or AAAKND97. I PROJECT NO. CONTRACT NO. ?3/ THE STATE OF TEXAS S DEVEL9P![ENT CONTRACT COUNTY OF DENTON 5 Whereas, GateWa}~ Saotist Mi ietxies Ine hereafter referred to as "Owner," whose business address is 2525 Hinkle Dr. Denton TIC 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 ordinauc,uo of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are conotructed 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" J;or "Contractor" shall mean the owner as named above; or i 1 ♦ \ .-.1r-...e-~__.~.~-••y...._. wyw~.ryl~•.u........~ 1 \ 4 iii 1 i~ • ;7 I i Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Calvert Paving Corporation whose business addroas is P.O. Box 268 Denton,TX 76202 , hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the city's specifications and that payment is made therefor; WITNESSETH ' As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 2525 Hinkle Dr. Denton,'CX 76202 r the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants of Contractor. Contractor agrees as follower (a) Specifications. To construct and install the J Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard , i i • Specifications for Public Works Construction, North cantral Texas as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvesents, such PACE 2 o 11 • r 1 i i 0 . l . rna 4..:v.. 1:1 a n tav r.'...av . , i specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Enainserp Inspections. Tests_ and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of i specifications. The Contractor shall furnish the City Engineer or his { representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the city Engineer shall notify the owner of such failure and may suspend inspections of such work • until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the f improvements. PAGE 1 ~ f ~ • -....-..w.w~ ~ i F Jr , 3?~~)r~ ~~7~'y~~3~ :T~3Ti~ ~}ay~!'~ y +Q • (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Division I of the standard specifications for Public Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mil Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows; (a) Performance Bondss Escrow areement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code= (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of • the improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas= or, PACE 4 i~ 5y l S ........:-_.w.(N+J..._...yt Y.: h'S. 5 iei,~ ¢ 1 jy~n\, e(la ~{iJ1 . m i I i { I (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Pan ant Bond: Aasurancq of Rayment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the constrt4~cion of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas= or, (ii) if the total contract amount of all Improvements is $50,000 or lass, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list, of all subcontractors who performed labor on, or supplied PAGE 5 I • • I i I f ~ material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have bean paid in full. (c) Retainauet Final Payments. (This provision (c) applies only where the owner and contractor are not he same party.} That as security for the faithful completion of the improvements, Contractor and owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due - for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of the improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land j dedicated to the City, to which they are affixed, the owner and a Contractor shall upon notice by the City promptly cause such claim i • lien, charge or encumbrance to be satisfied and released or • • promptly post a bond with the city in the amount of such claim, PAGE 6 i I 3 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount cf ten percent (104) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. Tho bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any is.juries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which i may be obtained against the City growing out of such injury or damage. • (q) Agreement Controlling. That the provision of this • • agreement shall control over any conflicting provision of any i contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 E _mst } ;sw Oil • Y.i::P /-i:~r.~' /r•..VyC .-/it. ¢f•y.':~utl .n..^•?1 •,y s *~a~^y.~rr,v4w~« .•v.r .:rw±"r.Ms41~' AFfi' .rte/ -.r4'.~✓ :.pew.-; ,r ,0~+ ':mss. '~i~st i ,iY'C .~~a.',eraglt: -Ar ~~✓.'t~y.~.l k' r+4 .M/i' ;p"^#dMr✓ ,9v yi /tN ~jIMallllt: ...~'....''S^JI~.. ~.f3`.' yJ/'~.J r,/'. %k~ 4 ilYf+' ram .M':Yrl.a.SesM:"" r'YF'.. ~.:r d. s•~ d' i4:,.1.. -i!rfNi =.s!V ~ •-'Sy1S ' i AWW iz •`.L2Y'.! _ ^Y /.4:r/:::~" /ir6'.AA~:J' . /,wy!`, r~ r!r~ .d. I!ib YL!'.e.tlL', -:.Tl'Y4. }L'LL m' i nr-2m 'zw- J+Y~'///.. w/rb'd ,~✓~i •,,f' ~+M'!,rrA'.~s~4 ;t itirE '~+'G3_:G- i+%- 1. A,•¢ '!'/FYA✓4- '~ilsi:.~.. r?/1''~i1 i~ 'fri••J` 77' ~.•F 'm~ ' :ti i~ t /'%/~'~r¢'1 A'Ft '4N1P ,44440 4W4 ~W.,-Afj/.v A 9G7 i¢m / /,/r'/A44~frS'1~.w► i~ »rE1'r'/ 7it.l<". , N}YSK ~'~'v~y~.r 1s~7:~..srra7[ ; i /Nmo ##A lyeyJ~lrlh.k,StY f V,#,* P*rtl*4 r.sraix upe* `tat tic's i ve,# ~i1Ml I Irk h/rlHl r1AKNi~r irr O~,y.±rrt, or, may, irazas, and if legal y1.111111 Ik 14h4m4*0 9/r W0"6«hl,11r/I thorewlth, Wxclusive 7emw shall + . 11k ill I(N;don li"w l' Itsw*N, Tho WOO md grovisl(ns Of this 111011 V00 0# 11 hN kNnO FOoo A )N 41mord*Mas with the laws and court '11iirlk1hal# 4 1114 000 Olt 11FON4m, t+AUIC N ♦.a~r.wWluK-v N. vf<r yrt 1 . i.._...•-._..~.~•-~~....._.~~..rhMr.._. ....1 ~'t ~ 1 1 „•J 1! A~ ~ >~YYjY 'y:}.~ [}J~r~~ql t ~ t i I . r 1 { 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, bit such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot { development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Ccvanants of City. That, upon proper completion of the Improvements in accordance with this agreement, the city agrees to accept the improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this J contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 r 'r~ ~:j,! .d r~~I~1`~i Sy.~ar, ~iic rw'1 7t ~ 4 . j 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of t!,a parties hereto, their respective successors and assigns. Executed in triplicate this, day of 14 7. OWNER CONTRACTOR cG'0,~t 7 ~4(rt BYi Y/~y BYsJ CITY ZDNe TEXAS B GER ATTEST: l' NIFER TEAS, CITY SECRETARY APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY By: I 9 i j ~ ' j PAGE 9 1111q! lom • 1 • .1233L PROJECT NO. CONTRACT NO. THE STATE OF TEXAS 9 AGREEMENT IN LIEU COUNTY OF DENTON 9 ESCROW OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Leas) WHEREAS, _Gateway Baptist Ministries, Inc, , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements whicn are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with tue specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said r property prior to the completion and approval or acceptance of • the improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or • less, in lieu of posting a performance bond, escrow cash money it • with a bank as escrow agent in an amount not lose than the amount necessary to insure completion of said Improvements; ~ ~ r lei 11 ,a.w.s~w.winiwr...Y UY• I 5 ' ,IV ` , ,A • • NUW, 'THEREFORE, OWNER, City and First State Bank of Texas hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at 2525 Hinkle Dr. Denton, Texas 76201 shall deposit the sum of Fifteen Hundred and no/100-----------•------------------------------- 1,500.00 in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure ; completion of all Improvements which are to be dedicated to the public; said Improvements being more particularly described in i that certain development contract dated the 9th day of June , 19 94 , between the City, Owner and owner's Contractor, to which reference is made herein, ; 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Agent, 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for • • herein as follows: (a) the City Engineer shall authorize the release all the escrowed funds when all Improvements are PAGE 2 I t , l ' E..'v' • completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but. are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 OWNER: Gateway Baptist Ministries, Inc. P.O. Box 2774 Denton, Texas 76202 ESCROW AGENT: First State Bank of Texas P.0. Box 100 Denton, Texas 76202 k. Fees. Owner agrees to pay any and all fees or cosCa • charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Anent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery I 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 f PAGE 3 • ...._.,._.........~.-.r.........-w~~~.._,....... i, riY+M~i't;' a`yy;C!L.ldy ,~-0;1; ft:!, '.4 ' b ~ Y1 i I i i connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold and/or atop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may inclu,is the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in • the matter. 6. Successors and Assigns. 'Chia agreement shall be binding i uP)n the auccessors and assigns of thc. parties hereto. 7. Venue. The pertics "."reto agree that ii any legal action • is necessary in connection with this agreement, exclusive venue • • shall Ile in Denton County, Texas. f PAGE 4 A • IN WITNtSS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this 9th day of June 19 'A CITY OF DENTON OWNER BY: BYy4 GG~G U U ESCROW AGENT BY: C✓P { A 1 PAGE S r 3 / Pope No, of Po CALVERT PAVING PROPOSAL AND P. 0. Box 268 ACCEPTANCE Denton, TX 76202 (!17) 367-Mi Exhibit A PHONE PROPOSAL SUBMITTED TO Gateway Baptist Ministries, Inc. 817/383-3544 DATE 6/8/94 STREET JOB NAME Same 2525 Hinkle Dr. CITY, STATE AND ZIP CODE JOB LOCATION Denton,TX 76201 Same ARCHITECT DATE OF PLANS /OB PHONE we hereby submit specifications and estimaln for. 210 Linear Feet of Sidewalk $1,500.00 i i 1 f We Propose herby to (urnhh maters of and labor - complete in accordance with above speclficatlons, for the sum ol: *Ftfteen Hundred and 00/100***************** _dollars (E 1,500.00** 1Payment to bo made as follows: Upon Completion r All material U quaronls sonde, spec" All will to be tomdovId In a waabove Aufhored lik• manna according standard ore<litlceL Any yon or devll*n ham above will b comor, Involving extra tour will be ds as on only upon, wnllen or elan, and Slgnalur~ - I well berm. an ulre cMrga eye and above life .rimes. All NrMnn contingent D. Calve IFt 1 upon nrlk.,, atdd.N, or delay, bgond out control, owns, to le mrry fire, lernede Hoei this ptapafol may be and olher necenory Inwrance. Our wodeu on fully covored by Workman's Cam wllhdrnwn by us if not oco Nd within 30 _days~ sensation f'swc e. I Acceptance of Proposal . TM a6ave prices, ,petllkallon, and tondiliom w. satisfactory end a. Mreby atcepled. Y% ere oulswited to do the wank as tooWled. Payment will be made w oulbned above , Signefur Dots of Acesplance. Signotl 1 h. .i i' • .-..'.s._..r-.. ,.......w..»...........~M.w,,.. _,_._.~,M.. * ~:.t'i:., ~1 , .r~.r 1 ~~~i~t l~r ik~;,slt'j.'';1 s?5~~F'~rN 119 `:Y~zo'~t; l~'~y\~j ~s~E w ooooooQaaoaoc~a~o o ~~o E o~ v , i 940 » j `O~Nro N, t• p00 ~'°aaaaooaaoo~ I I 1 ~ M5 ! q f cV.,l~u t 1 M~j I ' ,.,1 l' z. .<..Si-. A4YWVgi tkN•v,nTm C' .kY wx!%e!v 1. x.... ....e,.. J PROJECT NO. CONTRACT NO. 2 3 THE STATE OF TEXAS S ' pEVEL-OPMENT CONTRACT COUNTY OF DENTO~N Whereas, ~]sifeGl,~7~- hereafter referred to as "Owner," whose business address is is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to am "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter I referred to as "Improvements," are constructed in accordance with • the City's specifications, standards and ordinances; and i (select applicable provision as follows] whereas, the Owner elects to construct the Improvements r • without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or • • .,,,e ...::::hA,p.fn}L11/A4MIU,LkfiE°U`A'JWi P•60 HiNv+ d...r ~,...Y, -..n,r.va a. ~I Whereas, the owner elects to make such improvements hereafter set forth by contracting with lm)~ & - i whose business address is (J (,u f,~' , hereafter J referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; , WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit attached hereto and incorporated by reffe'rrenca, to be installed and constructed at J ~ EL- L.~/lv~ i the owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: • (a) Specifications, To construct and install the k I, Improvements in accordance with the procedures; specifications and standards contained in Division II and III of the city's tandard • Specifications for PU{Jjg Wor$s construction North Centro exas, . • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such I I PAGE 2 t • I I . ...,r.a.m.ru4tii,.Hw:,t.r a...r nv,n Tr+ws.._d rzn nn r. i specifications, standards, re,ulations 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: Inanec na Tests and 219=. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of i specifications. { The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto, Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor0a expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City I 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, PACE 9 h ~t I • i . :,.~,,:.,r...rrsr.,_x SY.w•h&ra9r,+,+aEnrn,n'e ac;np, a..,r n..-,.,... a ~ (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 Spec;fications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; f 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. M3Atual Covenants of Owner_ and Contractor. Owner and Contractor mutually agree as follows: (a) performance Sondsi 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 r public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount, necessary to complete the Improvements, as determined by the City Engineer, shall be submitted • guaranteeing the full and faithful completion of • the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be j executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 l . ~ .gip' ri' ~ ~,i •~,r ~..~C:r ~ , a 1, • • . t,g - {n r'F° i%-1`r nQi2,;.)a~iCrYK StYJ!?':i:'F.A~!It Nef'-7•hP Cr.:>'. ,i, .,.-e >r.: (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the j City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond Assurange 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 (1004) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an aprruved surety company authorized to do business in the State of Texas; or, { (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and a].1 debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims S for labor performed and material furnished in 40 connevtion with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, 0 that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PACE 5 i . • • ✓.e o v a.... .v r nM.nM..,b)P 6wY.WWM.lnv.w :h ..!.yo• as ~ 1 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) get ge: 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 i all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance r 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 je satisfied and released or • promptly post a bond with the City in the amount of such claim, PACE 6 ,.,J `r 1 4"h~! ri u~~x~•'r + ..~'A .A It t ? l~ ~ i r. • ,.;J a•r a , + r.,,+_ea. a'•hM'vrfeaaytlrpKhcrv,w.ew uwY•r!~;...r, .w ra .a: r,.., I lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (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 pop acceptance. The bond shall be in favor of the city and shall be F executed b an approved surety company authorized to do business in the State of Texas. ,I j (f) Inds ni°ication. 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 roceived as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the I Contractor, him 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 Contr_olling. That the provision of this 0 agreement shall control over any conflicting provisi-in of any r contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 wa.,._..-gym c-raiM w..._...-w•.~'+-._.___~.+ J Y 3. Occupancy; One Lot Developments, owner further agrees as f 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 wao required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupanoy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. ~r 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to i i accept the Improvements. j I 5. Manua and Governing Law, The parties herein agree that this f 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 r y, provisions of this contract shall be construed in accordance with the laws and court II decisions of the State of Texas, PAGE a WPM - 1+. i,. ¢ ~1,• ^i M !Y AYyy YfLU,4 ,f i i I 1 _y .If-. \.'b b.....n e~.r+ralrv6Fngryt0.Y1Nl}~Xw1~N7/f111CA+'+Hr.T.kgrMtYHKk.NnFHb.en«:<. ..r~.arr.+...... i 6. $ugggagor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigner ter- q Executed in triplicate this, _kday of 19/ OWNER CONTI:ACTOR i By, BY: CITY ZDENT No TEXIAS BV~ ER l ATTESTt it 1 4. J IFER LTERS, CITY SECRETARY APPROVED AS TO LEGAL PORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt { d j i q PAGE 9 _ ..vop....-.H...f.-~..«a..✓y~TM~..,. ....++v l ` df ill l t t f i' r ..c.S , 1St -1 rtitN l tQf it r~l r^ ~Sr i 11 11~~}~ Lfi 55~~ff t~9r 1 ...,r.lr:1,. 7yjtd ~A%5+c:f:',a7?.lG'i4kiir eSwllM.'A,,nnw.yd,yn..xro.n'......«uMr1H.M.M~mr.Wlil1{fMNMTRYA1Mei)uaN~dnww'r+1sw~.w-+~ ~...m:Na. I PROPOSAL j MIKE LEWIS CONST,CO. PROPOSES TO INSTALL A NEW SIDEWALK AND CURB-GUTTER FOR THE DENTON DENTAL ADDITION,LOCATED AT THE CORNER OF COLLEGE AND ELN STREETS ALSO KNOWN AS 1601 (A AND B) NORTH ELM STREET,DENTON,TX.. THE INSTALL IS TO INCLUDE ALL LABOR MATERIALS AND CITY REQUIREMENTS.THE SIDEWALK AND CURB-GUTTER IS TO BE INSTALLED ON COLLEGE STREET. THE COSTS OF THIS IMPROVEMENT IS INCLUDED IN THE MAIN BUILDING CONTRACT.THE $500.00 MIN,MAINTENANCE BOND AFTER COMPLETED JOB IS ' NOT INCLUDED IN MAIN BUILDING CONTRACT,AND WILL NEED TO BE SUPPLIED NY OWNER WITH CONTRACTOR HELP BEFORE OCCUPANCY, PRICE: 1 1,APPROX.165 LIN, FEET OF CURB AND GUTTER 4 5,00 i PER. PT. $ $25,00 2,APPROX,445 SQ,FT, OF SIDEWALK ® 3.00 PER.FT, -$1485.00- TOTAL COSTS $2310,00 i MIKE; LEWIS CUN.Sli', D PETER 046AND ,s DR,S':EVE ALSPACH DATE tj i j , L , tfF 'Yi 4j S - ~ Y w~aF ASy~~ };}ir+ }tie)) r~{{{{{ u ' 7 r i PROJECT NO, CONTRACT 00. THE STATE: OF TLKAS 9 COUNTY OF UkNTON 9 E:SCN.OW AGREEMENT IN LIEU OF PENFOkMANCI: BOND (Development Contract-Improvements of $5U,0O0 or Less) WHEREAS hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements whien are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordiri.:ncas of the City; and WIEREAS, 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 receives suen building permits Owner may, where the cost to complete the improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not leas than the ~ amount necessary to insure completion of said Improvements; W, i 3 + P ~ ~ _ , y4~~ .F.'~.p1.. ~s :1MC,f `Y~~. ~ ~ ~r4~~, ~~E.~~'kt', f.~n., { ~ •1 : W~?~ ~ ~ ~ ~t. • i 1 i j i i I NUW, MEREFORE, OWNER, City and _ hereafter called "Escrow Agent", agree as follows: I. Amount. Owner, as a condition to receiving building per wits f'orpro~perty located at / / ~+n . I' / fold--_ /rJ ~l m r shall deposit sum of +darsz-=`~ta «,02,? LOLO D), in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements wniclt are to be dedicated to the public; said improvements being more particularly described in that certain development contract dated the day of --Seat 19between the City, owner and Owner's Jontractor, 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 r specified herein, has been deposited in an escrow account wl.th Escrow Agent. • 3. Release of Funds. Escrow Agent shall not release any or i t all of the escrowed funds until the City Engineer authorizes the f Escrow Agent, in writing, to release such funds as provided for • herein as follows; • i (a) tue City 6nginaer shall authorize the release all the escrowed funds when all Improvements are PACE 2 maw • • completed and approved in accordance with provisicns of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so iong as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. s. Notices, Any notice to be sent, or required to be sent Y or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney _ Den z T x a 7 i OWNER: ESCROW AGENT: ~✓~}`~.~,L- 1 4. Fees, Uwnet agrees to pay any and all fees or costs i i • 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 4r7 1~il ~ir. ~ • r connection with the amounts deposited in the Escrow Account except as u 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 I Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall nog ;,e held liable for refusal to act until the question or dlspute is settled, and the Escrow Agent has the absolute ribht at its discretion to do either or both of the following; (a) withhold ant/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has bean resolved; or (b) file a suit in interpleader and obtain by final Judgment' rendered by a court of competent juris- diction, an order binding all parties interested in the matter. • 6. Successors and Assigns. This agreement shall be binding I1 upon the successors and assigns of the parties hereto. 7. venue,. the parties hereto agree ghat if any legal action • is necessary in connection with this agreement, exclusive venue • • shall lie in Denton County, Texas. PAVE 4 ..w..........~w+M.. ; ~;~~y !4 .1 ' ri~~ 1 n4 c. ;y• • ♦ '~Tr"~ a t%~~Iti. 7}4`ai.qtly }f ~~4d1,i~ • I i .i i 1N WITNESS WHEREOF, the Baia City, Owner, and Escrow Agent have signed this instrument this Jr~day of J,yLi 19 Tr"" CITY OF DENTON OWNER BY: B'i V A/'W- ESCROW AGENT BY: PAGE S a. a.wwr.wawrrft y ` y ~ i t ~ t'0 ! 1 e t1 ~ ~ ~,({(~Vf~~ArV,f~t.. er iF 1 v•Qi ' r i a i. ♦.i.....xx.kn..v,aM•Y.,•1.rw1Y4MYar....Y~.rrL r..u.~.~.. OOOQOf OQQtO"v H y ~ C f 0 M , S' 00~ ~~44DDCC44~0~ E i : Y I I I ' r 1 i ~I 1 t t rt r` i I }I, h 7`~ K,d'l~rR t~e.,{F i i~ lr I rf~~ t I ....~r~.±~••..,w- i_ ,.t~ } r~~'.~pf~,i~i~l'~d~~"1~Sfl' ~ r, , ~ w., a l i a _f AAAOCD97 i PROJECT NO. 931 1 CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas, hereafter referred to as ('Owner," those business address is l lag ~~~~L ti~ ~ ! ~ rr0 7 ~7~ zv~' is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictions and whereas, Owner wishes to develop the property and such I development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginninq of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter r referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances] and i (select applicable provision as follows) C~ whereas, the Owner elects to construct the Improvements l • without contracting with another party as prime contractor, in • • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above) or I • ..,..w...+... ,.-w~ ;'e rr,".r i 4 j f • I I Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with isoa i5 Z()wN5 whose business address is 1--g-L SANDFST/rJ T~Ak rTr?) r3 1-2 , hereafter referred to as "Contractor"; and whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 6 t rJ i D,a the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as followst 1. Covppants of Contractor. Contractor agrees as follows, • i (a) Soacifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard Specifications for Public Works Construgtion, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 • .rte.; • • 1 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., Tnaggetio s. 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 Enginser or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, i to tut materials furnished, to satisfactorily repair, remove or 1r replace, if so directed, rejected, unauthorized or condemned work • ~ or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 1 v i 4 Y,l}t t . ~F J ta~~r RK'^t{471iri-.t~~ ~ I 4~t`r ~I • • i i I (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard oecificationtl for Public Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. I (d) Means and Methods of Construction. That the meeno and methods of construction shall be such as Contractor may choose; I subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were r constructed in accordance with City specifications. 2. Mutual Covenants of OwnSr and Contractor. Owner and Contractor mutually agree o.g follows: (a) Performance Sandal 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 r r 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' j determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorised to do business in the State of Texas; or, PAGE 4 (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as v/ eacraw agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and pr,per protection of all claimants supplying labor grid material for the construction of the Improvements; shall be in favor of the City, and shale be exzauted by an approved surety company authozir.ed to do business in the State of Texas or, (ii) if., the total contract amount of all Improvements is $50,000 or less, as determined by the city Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the r Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, 0 the owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the r Improvements, or land to which they are affixed, , that are to be dedicated to the public. That, upon the request of the City engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 i • • i i I i material for, the construction of thr, Improvements, and, when requested, written statement from any or j each of such subcontractors or suppliers that they J have been paid in full. (c) Retainaaer Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party,] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances, That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is s • made, or found to exist, against the improvements, or land dedicatsd to the City, to which they are affixed, the owner and E 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, f I PAGE 6 11 I I I 1' 4 -1 -6 I i lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Hand. That prior to approval or acceptance ` of the Improvements by the City, to furnish a maintenance b : in form and substance acceptable to the city, in the amount i.en percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification, To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors) or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction i d of the lmprovesentrr and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement controliina. 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. PUCE 7 ~ 1 • I { 11II 3. Occ nancvl ono Lot Dev*192M8A. Owner further agrees as follows: iii (a) That Owner will not allow any purchasers, leases, or i 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 930000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City moky take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any buildinq constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4: Covenants of Cite. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Venue And Govarnijig 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 i • I 0 • lie in Canton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court i decisions of the state of Texas. PAGE 8 c i ~ I 6. Successor and Assicn,Bl This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. F Executed in triplicate this, «o-~ day of d~ 194. I OWNER COWM CTOR BY: BY s - e_ 4 i CITY OFD N, TEXAS y CI AGIM ATTESTi I JENNIFFM WALTLRB, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH/o CITY ATTORNEY BY, C' tl s` 1 I PACE" 9 i 4 f:..1r r P ?~I 1.1~}4i1Fti { IF 1? ',°ytl ill ;I` ;,r i }Y ~~J{. 1 W I ! w { ll 1 i µuµ.l~J b~waN. f.+'Y/M/I W1114M4M41. ~~N+N. ~w.u1`.~M~I..a....:.. ~ I 1. ro oSc~.~ o.-Z15 f\ A-40 4 ` I vJ rJ 'fpw~r. SST c,T 1a. ja~ 4 i e .x.4.... ~...-*~..ia~.W..w ~~..•.y~/If.~ M4r ~ X'4~~ 16~ ~v1~ i ~A ~ ~f~~~ ~ R )y i { • I Ji ' 1L13L 1 PROJECT NO. CONTRACT NO, THE S'rATE OF TEXAS g ESCROW AGREEMENT IN LIEU COUNTY OF DENTON } OF PERFORMANCE BOND (Development Contract-Improvements / of $50,000 or Less) WHEREAS, ~y LL~~ hereafter referred to ar, "Owner", has undertaken to develop property within the Ctty of Denton, Texas, or its extraterritorial jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which ara 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 aeceptenee of E 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 • laria, in lieu of posting a performance bond, escrow cash money • • with a bank as escrow agent in an amount not lose than the amount necessary to insure completion of said Improvements; • ;K)W, rHEREFURE, OWNER, City and F' S4a~r '-g T T-ex~ S hereafter called "Escrow Agent", agree as follows 1, Amount, Owner, as a condition to receiving building per. mits for property located at Zod -S q' Z, yl k-~) Maryl AL-Wp- my 7ruJ7'cp- -r-A shall deposit the sum of ..LQA., +V- nw' in casn money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements wnich are to be dedicated to the public; said Improvements being more perL.cularly described in that certain development contract dated tttew_v_ day of S y r.3 19 , between the City, Owner and Owner's Contractor, to which reference is made nerein. 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 1 specified herein, has been deposited in an escrow account with Escrow Agent. 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for • herein as follows: (a) the City Engineer shall autnorize the, release all the escrowed funds when all Improvements are PAGE 2 ..~,ri.w.ww...ily,141IU.rVAl11~~ ...yr►+.. n .i'~tr gskttti.,~,r{k~1 .nrow., i .i f ,v F,.. • i i I -npleted and approved in accordance with j ?visions of the development contract; the ; oatermination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. (b) The City Engineer, may, but is not required to, authorize, periodically, the release of specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City in stages, so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East McKinney Denton, Texas 76201 f OWNER: R'1AP-Y l.ou.. Coe, 4,1+UC 1 q29 hp(-W1,NN PA2K CIRCLE, of rroN 7+0zos ESCROW AGENT:/, ^ ~F11r-1';7 4, k eU r °X /vu ~-G n ~v n_'k 7 G 1-oL 4. Fees. Owner agrees to pay any and all fees or costs I ~ • charged by the Escrow Agent in connection with this Agreement. I' 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 • ' • 1 1 I connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (a) withhold end/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include Lha subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matter. 6. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. i 7. Venue. The parties hereto agree that if any legal action • is necessaty in connection with this agreement, exclusive venue • • J shall lie in Denton County, Texas. ~•.~.I it PAGE 4 i I i C I J i IN WITNESS WHEREOF. the said City, Owner, and Escrow Agent J r I have signed this instrument this ~7A day of I 19 . CITY OF DENTON OWNER i BY: 8Y:~=_2n~ r` S I s ESCROW AGENT r BY: f ki I I i i • I i ; PAGE S J r , J r , , q jj o' A t , GOOQGQ oa0CQo s *v. , 000^{ ~jJ ~ p T ° N t ~ 000 °00ooooaabo~a`~ ~ i i i 9 ' .....rv ~~....r ,✓+Mtt:.rrT'v..r.Y...ew'/, J'w.T`.+."'1~.r~--•'~n..t ~.rf i t~ldV ~,I~i.~ /'r~ e~P . • y ~ h 1 .y~(y~ .t • ' , J'AT'p r(t ,..~~~i~~f~ si v nti~h r rMO] y AAAOODg7 PROJECT No. 77,L-- CONTRACT NO. THE STATE OF TEXAS 5 DEV PMENT CONTRACT COUNTY OF DENTON S Whereas, 17F. Nrb nl G ACM c, 1 k c t hereafter referred to as "Owner," whose business address is r 3 112, 50. Lo G "H D CN rD N t-} '.'Z (n La S r is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer fines, drainage facilities and other improvements which are to be dedicated to the public, hereafter j referred to as "improvements," are constructed in accordance with the city's specifications, standards and ordinances; and (select applicable provision as follows] E Whereas, the Owner elects to construct the Improvements j w without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" ii or "Contractor" shall mean the owner as named above; or • i I 1 I i Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with whose business address is 0, gol~ 68 ~?tN~n! 1b tot. hereafter referred to as "Contractor"; and whereas, Owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made, therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at ~R C ~W ~&r--)L Z D e o clot wAwt' ~C&S x,.,- 4F- Sr- to,) Me"ayr aR.. , the Owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Qgvenants of Contractor. Contractor agrees as follows: • (a) specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's StandArd i specifications for Public Works Construgti2a, North Central Taxal, as amended, and all addandums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 . 5, 7 ! ! 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 Enaineerr Insaections. Tests -And Qrdgrs, That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The city Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or r replace, it so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work ` until such failure is remedied. it 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. 3 PAGE 3 • (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Division I of the standard Specifications for publig workp Construction. North GentrAl 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, shell mean the City of Denton (d) li{lpll~ nod Methods of C nstruction. 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 . Egarow Aaraement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the i w 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 • r the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do i business in the State of Toyasl or, PAGE 4 ~ v u.-. •.i.imusn J r fT yti ; i~z tb4~1•ry 1i`. Jyt,`ify. . I Iti t,MiYl~ ~ rvR '4 Q s i (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the improvements. Without exception, the City's escrow agreement form shall be used. (b) payment Bond: Assurance_ of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the state of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or leas, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and s 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 theft prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, f stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. i That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all oubcontractors who performed labor on, or supplied PAGE 5 WSJ i material for, the construction of the improvements, suppliersfrom that nthey and, each of e such 9subcontractorsnorstatement have baen paid in full. (c) Rota it■ea• Final Pavmentm. (This provision (c) applies only where the owner and contractor are not he same party•S That as slecarit:• mar the faithful completion of the Improvements, Contr 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) Ei1G.W&hr aM. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after aeeeptanoe of the Improvements, any claim, lien, charge or encumbrance is J made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the owner and j Contractor shall upon notice by the city promptly cause such claim ,j 0 lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bolid. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor-, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction • of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (q) Aoresment Controlling. That the provis-on of this • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 i i •r•-._...... ~..++~.w+.M...:_. f~~ ~41ihi. j1yf aQw, 4ta~ . i7r f • • a• 4S~unancvl pne Iet Devaj ~ Owner further agrees as follows: (a) That Owner will not allow any purchasers, leases, 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 publio, 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. • Co•: enant■ of a , That, upon proper completion of the rmprovements in accordance with this agreement, the City agrees to accept the Improvements. 5. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall • lie in Denton County, Texas. The terms and provisions of this ...I contract shall be construed in accordance with the laws and court decisions of the State of Texas. € PAGE 8 I k' nvW - • _ ~ , S;j t ,L y.~~i M~i~At ' '~~'ir"% ~+~~R~~e9`~ 7~~tS~~t tri Al J, i L 6. Succsss r and Aisaigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. ELI Executed in triplicate this, A- day of ( 19 t OWNER CONTRACTOR a t BY: _ BY Y, "'ptn~ ~l~csitt f a ~ yrNC, CIZOFD NO TEXAS BYATTEST : ~ f ER, CITY SECRETARY IF WALT APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY r; BYI • • PAGE 9 H 41! ' S 1 u. ~ tfy ~ ( 41 {Y ~I ''3 ' 4j„ I~d It.11k lri'' I{).,.w .-t...., .wv s!4.,r-!-,...cry"'?w.~^•'.M.:*. r P lei i t t ~{f ~'~l r,S .y i rye!{ "RE "MR17 e i - I EXHIBIT "A" 1 ~E 10,11 April 4, 1994 Y, Chris Welding Denton Electric, Inc 315 South Locust Denton, Texas 76201 ` Reference: Mesa - Freeway Park Subdivision Grade Work Dear Mr. Welding We hereby propose to furnish equipment'and'la"r to *o'the,f6l'10v4 work on Mesa Drive as per the grading plan given to'me., Theor`k1jaf; described below Relocate existing dirt on the lots to meet specifica'tigns on^phe plane dated May IGj 1994, drawn by Brian Burke, Burke'.Engineerin$, 1318 Auburn Drive, Denton, Texas. BID PRICE $8,500.00 Pour sidewalk the full length of the property on Mesa Drive 1 V to meet city specifications. Includes cutting,grade ,fo back` " filling s ~ HID PRICE $6,620.00 NOTE: Laid price includes sales tax. This bid may be,withdrawn or revised by Tim Beaty Builders if not accepted within 304`daye., Any Iteration from the above specifications which involves extra cost will, be executed only upon written orders and.•will beoome"!an=, e extra charge in addition to the original bid price. All;agre~iaents, oral and written, are contingent 'upon strikes,, accideata {oF Ede7a~ys1 beyond our control. Tim Beaty Bui'lders' earri'ee tleneral ;Liabi~ity,,~+ and Worker's Compensation Insurance coverage. I appreciate your confidence in i'dm Beaty Builders. If you have an questions regarding this bid, please give me a"call. Sincerely, { CIrim Bo t ' y P.0, BOX 68 DENTON, TEXAS 76202 (817) 365.2328 v r.> .t 4 j ~Y`- it"~ S tt8;(` ldtA .+.~P~g~`. } iWO F4 F `r t 4 fi\ A 3 41, 1 I j i i OOOCOO o40~QQQ('jo^_QDO (4~/ ~01 + 4p' i Nro N . Z~ 000 OOOC 1 ,t 1 i I i F i 1 3 f i t 5 ~ }Y{ ...-.e....wr..~ ..-i i ~ r < , I ~z7tk U tsyt.Hf_.-1? r c i • hAAU19L)h PROJECT NO. BOND PREMIUM BASED ON - FINAL CONTRACT PRICE CONTRACT NO. PERFORMANCE BOND BOND NO. 580180 THE STATE OF TEXAS S BOND EXECUTED IN THREE (3) ORIGINALS COUNTY OF DENTON S KNow ALL MEN BY THESE PRESE;NT91 That D8R Construction Com an Inc., 521 N. Locust Street, Denton, Texas 16202 of Denton county, Texas, hereinafter called principal and Ca itol Indemnit n, ioF.O. Sox 5900, Madison, Wisconsin 53105-0900 a corporation brganiged under the laws of Cie state of Wisconsin and authorised to do busineas in the State of Texas, heirs ni"p called "Surety", are hold and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "city" in the penal num of Forty-Five Thousand Five Hundred Twenty and no/100----------__._-_-----_ Dollars, lawful money of the United States,, forsthe oo-ment_.._ which sum well and truly to be made we bind urselves, oulr helrms executors, adminiatrators, and successors, Iointiy and severally, and firmly by these presentst, THE condition of this obligation is such that; WHEREAS#, the Principal entered into a certain contract with Owner, dated 14th tho day of A ril proper performace"of which the C ► ig 94 , In the interest, a COPY of which is hereto at of an tached nand mado aapart ♦ horeof, for the conntruction afs I f 48" Storm Drainage. System, Block A, Phase 1, Deerwood Addition in Northeast Denton, Texas HOW, THEREFORE, If the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the f undertakings, covenants, teats, conditions, and agreements of said f Contract In accordance with the plane, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, • and during the life of any guaranty required under the Contract, and shall afro well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements Of any and all authorized modifications of said Contract that may hereafter bemade, notice of vhich modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in lull force and effect. PROVIDED, further, that it any legal action be filed on this ! bond, venue shall lie in Denton county, AND, that said Surety, for value received, hereby stipulates I and agrees that no change, extension of time, alteration or addition to the terms of • the contract, or to the work performed thereunder, or the Plans, Specifications, Draw' ngr., etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tine, alteration or addition to the terns at the Contract, or to the work to be performed thereunder. IN WITNSS8 WHEREOF, this instxutaent is executed in triplipate, each one of which shall be deemed an original, this the 14th day i of .-A -pril 1.9 94 PRINCIPAL SURETY DBR Construction Company, Inc. Capitol Indemnity Corporation 8Yt 8Ys ~ ~ - ' .ll"k A~ IN»FA4T Cheryl umphrey ATTEM 8 Ck6T A NOTEi POKER OF ATTORNEY OF SURETY MUST en ATTACNRO. DATE OF BOND MUST NOT am PRIOR TO OATS OF CONTRACT. • -t. y ` . w.«+....-..!-*.wwM..•.. ..~yi,__ AV, ~..w^'i ' •...1 j~ 417~St~f~e4t?~'AW1fd M4 . PROJECT NO. BOND PREMIUM GASBD ON CONTRACT No., FINAL CON'U-IACT i;RiCE PAYMENT BOND BOND NO. 580180 THE STATE OF TEXAS S BOND EXECUTED IN THREE (3) ORIGINALS COUNTY OF DENTON S THAT DBF C_ or:tion Company. Inc., 521 N. Locuet Street, Denton, Texas 76202 of pgnco_~~W County, Taxes, hereinafter called Principal and Capitol Indemnity Cor oration, P.O. Box 5900, Nadison, Wisconsin 53705-0900 e Corporation organized under the lawn of the State Of Wiaconafn and authorised to do businass in the Qtate of Texas, hers na tar called "Surety" arm held and firimly bound unto the City of Denta:i, Texas, a municipal Corporation, in Denton County, Texas, hereinafter. palled "City"o and unto all persons, firms uanod corporations buildings hostmay ructuresis or or erform referred to~tn attached contract, in the penal sum of Fort Five Thousand Flve Hundred Twenty and no/100----••______________ ~S~z 1424- Dollars, iawl.ul money of the ttnited. S s to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE condition of this Obligation is such that; . WILREAS, the Principal entered into a certain contract with Owner, dated the 14th day of April _ in the proper performance o~'-which the Cif Cr ~ ig 94 , -Vent , T'00 interest, a copy of which is hereto attached nand emade Ass an hereof, for the construction of: Part • • r 48" Storm Drainage System, Block A, Phase 1, Deerwood Addition in Northeast Denton, Texas - PAGE ONE i Rowe THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its duties and sake or cause Contractor to sake prompt payment to all persons, firms, eub- contrActors, corporations and claimants supplying labor and material in the prosecution of the work provided for ;in said contract and any and all duly authorized modification 'of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be voldi Otherwiae 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 TRAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contracst, or to the work performed thereunder, or the Plana, speeificationa, Drawings, ato., accompanying the same shall in anywise affect its obligation on this Bond, and it doss hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work i to be performed thereunder, IN WITNESS WHEREOF, this instxument is executed in triplicate, each one of which shal,l be deemed an original, this the 14th day of April 19 94 PRINCIPAL 6iDmv DBR Construction Company, Inc. Capitol Indemnity •Ugotatigia.. 2 00, bye ATTO r~V-IN-VACT ATTE9Ti Cheryl r. Humphrey • s sT { NOTE: Dams OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. I' • • r i I r r+anr. TWO -.aa.rwau..-..ii'IANt~III~~ Il t~ ~ LN 1 0 _ .-.-tyti+-~•.4~.`H...•~..+-ra..y..r..... ..i~.. M ~ l 1 i t- i Y kN A~'ry 1.T y~(j hA~ pl A i ,~~'~%l:W (rti 1 fn ~i ~•~7~ ff~i A;^'k~' ~ nt yid 171 4' . nip • • - 1 ,I t PROJECT NO. CONTRACT NO. BOND NO. 580180 COI TRACTOR'S MAINTENANCE BOND (DEVELOPME11? coNrRACT) BOND E;;ECUTF.D IN THREE (3) ORIGINALS WE STATE OF TEXAS S rouNTx OF DENTON 5 KNOW AL,L MEN BY THESE PRESENTS: That DBR Construction Company, Inc., 521 N. Locust Street, Denton, Texas Zb2O2 Of Denton County, Texas, hereinafter called Principal and Capitol Indemnity Corporation, P.O. Box 59001 Madison, Wisconsin 53705-0900 a corporation organized under the laws of the Shots of Wisconsin and authorized to do business in the State of Texas, hero natter j called "Surety, are held and firmly bound unto the City of vanton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the ptnal Bug of Four Thousand Five MIL red Fifty-Two and no/100-----------------------------------------_-- (1, 552.00----------a Dollars, lawful money of the united States, the said sum being ten percent (104) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, adainistratora, and successors, jointly and seveirally, I THE Condition of this Obligation is such that: • WH ERRAS, the Pr:neipal entered into a certain contract with Owner, dated the lath day of ril , 19j4 ~ , in the roper performance oP which the CAy o en on, Texas, has An nterest, a copy of which in hereto attached and made a part hereof, for the construction oft • 48" Storm D menage System, flock A, Phase I, Deerwood Addition in Northeast__ • • Denton, Texas i PACE ONE i 1 11 i NOW, THEREFORE, if the principal shall well, , and be faithfully done and maintain Performed fand truly Keep in good repair the work contracted to or a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions arising froi the impl:opeT work of the sane, growing di g,u butf not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arisi from excavation, baekfilling, compacting or any other taus or conditions known or unknown, at any time during the period of this bond, which the city ongineer, whose judgment shall be final and eonelunive, determines to be the result of defective work, materials or labort then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do sold 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 horeon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal notion be filed on thip bond, venue shall lie in Denton County, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall he deemed an original, this the -14th day of April , 19 94 M PRINCIPAL, SIJREfY DBR Construction Company, Inc. Capitol Indemnity Corporation ,t 7 BY: ~.~/f 1 • s Byl -F CT A fTt14 Y Nr 4L Cheryl Humphrey PAGE TWO AM 4 t l i J f ~ ~ r5y/r,l1. t'Vpi i r .::'...J ...!.a ...emu\w=r.o4t.r... ..,`.a...._ ..:...~.a~ . t , t NOTE: POWER OF ATTORN.RY OF SURR't`x NUST BE A77ACHED. DATE OF POND XUST XOT OR PRIOR TO DATE OF CONTRACT. I , j i r t , A = ? SE ET t f i J } r i • r i M1AY~` .~,Ni t~l ~r 1 ~ ~ kid i .,w....'wa. ~.r.Ne. r r f t a I 1 r IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: j i P. 1). Box 149104 Austin, T% 78714-9104 FAX 1(512) 475-1771 I PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. r,. i { t r' 3 I E 1 , ~-..+a+rwlrn4~FY j f.pV „ y 1 { i / \ 4,,.. . M f~~ t \I ~ ! a\1 ~~i l'It~l~~. • • i ; l • 1 x WrA6NDEMNITY CORPORATION BOND NO. 580180 253653 "ER OF ATTORNEY R KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the 9 State of Wisconsln, having IPI principal offices In Ph* City of Madison, Wisconsin, does asks, constitute and appoint i --V. R. DAMfIANO, JR., CHERYL L. HUMPHREY, BETTY J. DAHIANO, SHANE A. HUMPHREY---- ---------------------------..-----OR HALAYE MENAEIr------------- its true and lawful Attorney(s)-In-fact, Po make, execute, seal and deliver for and on Its behalf, as surety, o,d as Its a.t and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or unbrtaking or contract of Y suretyship executed under this authority shall exceed In amount the wrn of f i _ ..-------------------------NOT TO EXCEED $1,000,000.00 This Power of Attorney is gronted and is signed and sealed by facsimile under and by the authority of the follow- ing Resolution adoptcci by the 'uardaf Dirwors of CAPITOL INDEMNITY CORPORATION at a meetirsg dulycalled and held on Me 5th day of May, 1960. "RESOWED, Ph*I she President, any Vice-Presidont, Ph* Secretary or Treasurer, acting Individually or other- wise, be and they hereby ore gronted the power and authorization to appoint by a Paweu of Attorney for the purposes only of executing and ottestlrg bonds and undertoktrgs, and other writings obligatory In the nature thereof, ote or mono resident , vice-prosiderds, assistant secretaries and attorney(s)-In-focP, each oppoinw to have the powers and dulles vassal to such of- fices to the business of this company; the slgnowre of such officers and seal of the Company may be offixed to any such power of attorney or to onycertificote relating thereto by facsimlle, and onywch power of attorneyor certificate bearing such foc- srmile signatures of facsimile seal shall be valid and bindfng upon the Company, and any such power so executed and cull- fled by facsimile signatures and facsimile seal sholl be valid and binding upon the Compony In the future with respect to any bond or undertaking or other writing obligotory In the nature thereof to which I P Is attached, Any such appointment may be revoked, for cause, or wlihoul cause, by any of s..!9 officers, at any Arne," IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused those presents to be signed by its officer undersigned and its corporate bsal to be affixed duly attested by its Secretary, this I at day of August, 1973. Anent R e, f CAPIT NDEMN11 C fl rw»,u Secretary ' STATE OF WISCONS r President ) SS. COUNTY OF DANE ) On The Is] day of August, A. D., 1973, before me personally came George A. Foil, to me known who being • by me duly sworn, did depuse and toy: that he resides In the County of Dane, State of Wisconsin; that he Is PLO President of CAPITOL INDEMNITY CORPORATION, the corparallon described In and which executed the above instrument; ?hot he knows 11he seat of the said corporation; that Ihm seal affixed Po sold Instrument is such corporals seal; thut II wos so affixed by ardor of the Board of Directors of sold corporation and that he signed his name thereloby like order. M„w s ) bxs I STATE OF WISCONSIN • > SS. a ory Public, DanePubli, Dore Co., Wlseen+ln • • COUNTY Of DANE ) My Commission Is penmenent CERTIFICATE I, the undwilgned, duly elected to the oHlco -total below, rear the ineurnbent In CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, outhoiaed to tnoke - - certfficats, DO HEREBY CERTIFY Mot the kotegelrsg et- attached Power of Attorney remains In full force and hot sal been r8vaked; and furthermore, that the Resolution of fie Bowd of Directors, sot lads in the Power of Attorney is now In fo+co,' Signed and waled at the City of Madison. 0 *so y ,y,,- 4t1h ^th ray of Apr I tit 94 , NMNr, p ~ I MMpf CL.I'Yll .1.f /jam V 4r %Jamee P. Bi61e/~ Vlu•hosis4nf ri;! t`rl - 1 h^4 k~ rs y' r Y~ IF 1. yi F I t { t 2 1 1 i r AV {l J~it,~ , r : ri ('A t !~9 ~ Y~~~~~ w~ 1°Rr~ek9S r s.4. Yki4,1y4 E~~ r )[,1 } .j1o coo ° 1 ' oaaaaaoo ~ ' ►j i gg t 3 k . r ^lt i t ` ~Fl 7 1'• PROJECT NO. 9&,64 a3~ CONTRACT NO. THE STATE OF TEXAS § f DEVELOPMENT CONTRACT COUNTY OF DENTON § Whereas, hereafter referred to as "Owner," whose business address is 10L L Y- 6Z7 4)e-vi /oo. T.. 7&zo2 , is the owner of reel 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 Ills I said development, a development contract is required to insure that all streets, water and sewer lines, drainage facilities and f other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in • accordance with the City's speci£icstions, standards and ordinances; and (select applicable provision as follows) j . . • Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in . .1 l1 ~ . r ~41.y t1.'r. Y!!rr tJrYP ~l41h}r l r~a~°r~.i fl"! t~'K.I;S i 1 ~i~ 0 I which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean zi a Owner as named above; or Whereas, the Owner elects to make such Improvements here- after set forth by contracting with nH - fL ~a _ _whose business address is he eafter referred to as "ContraCCUP"; and V kareas, Owner Contractor re..o4oive that the City has an I~ intereut in i ;urtng tha;: the Impru-ieicente subject to this i agreemenc, wl;i.:h vi?l, al,kn cou.pl_tlon .nr a:cepteact+ by the City, j bo%:owe ;)ub',ic property, ark proper'. constructed in accordance with the City's spuclfiaur,ions and caac payment is made therefor; WITNESSETH i As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by / reference, to be installed and constructed tit /V 0Y ~ ~ 1C Se j the Owner, Contractor and City, in consideratiun of their mutual 9 i promises and covenants contained herein, agree as follows: f 0 1. Covenants of Contractor. Contractor agrees as follows: 0 0 (a) Specifications. To construct and install the Improve- ments in accordance with the procedures, specifications and PACE' 2 _ ..,......~.,_.._.._.....~....~.~....y-..mow+... r t . ,r •1 o k q:,' bra k~ !.1 • standard contained in Division II and IIL of the City's Standard Specifications for Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such 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 I good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his represontative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials • used without suitable inspection by the City may be ordered I removed and replaced at Contractor's expense, Upon failure of the Contractor to allow for inspection, ! to test materials furnished, to satisfactorily repair, remove or ! • • replace, if so directed, rejected, unauthorized or coneemned work or materials, or to follow any other request or order of the City PAGE'3 j _ s iI 1 t Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. (c) Insurance. To provide for insurance in accordance with the insurance requiroments applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications fob Public Works Construction North Central Texas, as emended, the provisions of which are expresr,ly incorporated herein by reverence; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Dent-an, f (d) Means and Methods of Construction. That the means and I4 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 i { constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and 10 r 'i'":S(7rII~anCt :nonr> -.Ls=,ow Ab'reamant. "Trust i2. Duilding parmite are to be issued for the development prior to completion PAGE 4 j • I i I j i I and acceptance of all Improvements that are to be dedicated to the public: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the spe-sifications of the City, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or (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 i City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. .(b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements guaranteeing the full and proper / protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be • executed by an approved surety company authorized I to do business in the State of Texas; or (ii) if the total contract amount of all Improvements is leas than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and • all debts dins to any person, firm or corporation • • having furnished labor, material or both in the construction of the Improvements shall be fully paid and sa.tisfied before acceptance of the PACE 5 v e I I Improvements by the City and that, prior to acceptance of the Improvements, the Uwner and Contractor shall furnish a written affacavlt, in a form provided by the City Engineer, stating that all bios, Charges, accounts or claims tot labor performed and material furnished in connection with the construction of the Improvements nave been paid in full and that there are no unreleased recorded liens tiled against the improvements, or land to which they are affixed, that are to be dedicated to the public, That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors M o performed labor on, or supplied material for, .he construction of the Improvements, and, when requested, a written statement trom any or l each of such subcontractors or suppliers that they have been paid in full. (c) xetainaget Final Payments. (This provision (c) applies only where the Owner and Contractor are not the same party.) That as secu.lty tot the faithful completion of the Improvements, Contractor and owner agree that the Owner sbali retain tan percent of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The owner snail 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 I~ for labor, materials, apparatus, fixtures or machinery furnished tot and used in Lhe performance of the work have been paid or onierwise satisfied, • (d) Encumbrances, That, upon completion and approval or • acceptance of the Improvements of the City, the Improvements shall PAGE 6 ..:a„~ -MM i~~,! ~ , ~e~f. ~Si °til'1~`y:' 7r .,{iR~4 'w'S ~ 'v:~'f . • • become the 'property of the City free and clear of all liens, ~;laxme. charges or encumorances of any kind. It, after acceptance of the Improvements, any claim, lien, charge ar encumbrance is Maas, or found to exist, against the improvements, or land aeaieated to the City, to which they are aftixed, the owner and Contractor shall upon notice by the City promptly cause such claim, lien, charge or encumbrance to be satisfied ana released or promptly post a bona with the city in the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. (e) Maintenance Rond. That prior to approval or acceptance of the improvements by the City, to furnish a maintenance bond in Lorin and substance acceptable to the City, in the amount of ten percent (lU%) of the contract amount of the Ir.Fruvements, insuring the repair and replacement of ail aetects due to vaulty material and workmanship that appear within one year from the date of acceptance, The bond shall us in tavor of the City and shall oe i r. executed by an approved surety company authorized to ao business 3 • in the State of Texas. (f) Indemnification, To indemnify, defend and saver harmless the City, its officers, agents and employees from all i suits, actions or claims of any character, name and description • i • • brought for or on account of any injuries or aamayee received as sustained by any person, persons or property on account of the i PAQE 7 • .,~.vLj` .,:i 1(I ~Y,)F3 ^I'110 i 1 • j i operations of the Contractor, his agents, employees or sub- contractoral or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in construction of the Improvements: and shall pay any judgment, with costa, which 1 may be obtainea against the City growing out of such injury or damage, (g) Agreement Controlling. That the provisions of this agreement shall control over any conflicting provisions of any contract between the Owner and Contractor as to the construction of the Improvements. 3. Occupancy.. Uwner further agrees that Uwner will not allow any purchasers, lessee or other person to occupy any building within the aevelopuient until all improvements are completed and accepted oy the City, and that upon violation tbareof will pay the i City $31000.00 as liquidated damages, but such payment shall not we ueemed approval of such occupancy and the City may take what- ever action necessary to restrain such occupancy. • 4. Covenants of City. That, upon proper completion of the ]i Improvements in accordance with this agreement, the City agrees to accept the Improvements. j • 5. Venue and Governing Law, Thu parties herein agree that • • thia contract shall be enforceaDle in Danton County, Texas, and if legal action is necessary in connection therewitn, exclusive venue f PAGE 8 y r -1 ; • '~,Y. , l.pd'~i „ ,,art; ''~,t)R~~' Si s'Xvm shall lie in Denton County, Texas. The terms and provisions of r. this contact shall be construed in accoraance with the laws and court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executes in triplicate this, -L1__._ day oY wjaor , 19 zu t i OWNER CONTRACTOR J- 016 _ Pu 6 / G BY: BY. EXAS CITY 4MANT4ACtRT BY L_ ATTEST: 1 0 i CHARLOTTE ALLEN, CITY SECRETARY f CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY S CITY OF DENTON, TEXAS • I BYS r PAGE 9 .~~_.._r~.... ...u.+.w...a.__r... y..w W...A...~A~.. n_` ~Jr l T 11 , K 1 n. rl t.. r~ 'W, r•A 1 JAGOE-PUBLIC CO. Mot MI. Mahal Produglon. 50" 1 NOW C 011ftM iOn F302r0 Ft. Worth Dr. P.O. Boa 250 Denton, TX 76202 Main N (81'1) 382.2581 Fax M (817y 382.9732 To. Mr. Doyle Conilie Date: 8/11/94 We propose to furnish the necessary labor, material, equipment and incidentals to construct the following work. Description of work: Street Construction Location: Northwood Estates, Denton, Texas Quantities and prices: See attached sheet. r For your convenience, the above quantities have been estimated. However, this proposal is on a unit price basis with payments to be made on the actual measured quantities of work completed. On the last day of each month, partial estimates shall be prepared including all of the completed work plus all of the material on hand for the uncompleted portion and shall be paid in full not later that the seventh clay of the following month. Final estimates shall be prepared immediately upon completion and shall be paid within 10 days. All estimates not received on due date shall bear interest from due date until date received at 18% per annum, or highest legal rate. It is also agreed by both parties to this agreement that any and all costs of litigation to obtain moneys due contractor shall be at the expense of the owner, and the items installed under this proposal remain the property of the contractor until the contractor is paid in full. This proposal is also based on all engineerin6, grades and alignments being furnished by the owner, together with all aecessary permits from the City, County, State or other interested parties. All necessary testing will be paid A-,r by owner. Your acceptance of this proposal by signing and returning one copy to us within (10) ten days and the approval by us of your credit and arrangements to pay, will constitute a contract between us. This proposal is subject to cancellation if a National Emergency or other activities should cause materials to beconbe unavailable. ACCEPTED: ) JAGOE- 1]C CO, ( tractor) s.. 11 Tide: rift J Bank Ref. Date: ;t it • w 4T{0 ` Ii~ r v r.. • Northwood Estates Bld Sheet ! l Street Construction LIME STABIL7ATION 1,337.00 SY $3.50 $4,679.50 i Lire Testing 1.00 LS $850.00 $850.00 5" HMAC 1,141.00 SY $10.25 $11,69S.2S CONC. CURB d GUTTER 458.00 LF $9.50 $4,351.,)0 E' CONCRETE FLUME 201.00 LF $30.00 $6,030.00 4' CONC. SIDEWALK 916.00 LF $10.50 $9,618.00 i' WHEELCHAIR RAMPS 3.00 EA $240.00 $720.00 j WHEELCHAIR RAMP 1.00 EA $420.00 $420.00 CONC. DRIVE APPROACH 261.00 SF $3,65 $952.65 SIDEWALK CROSSOVER 1.00 EA $135.00 4135.00 HEADWALL 1.00 EA $475.00 $475.00 6" CONC. FLATWORK 208.00 SF $3.50 $728.00 SAW CUT 8.00 LF $5.25 $42.00 REMOVE EXIST. C&G 80,00 LF $3.80 $304.00 REMOVE EYJST. SW 220.00 SF $1.05 $231.00 EXCAVATION 1.00 LS $6,500.00 $6,500.00 • Project Total • $47,731.40 y 3 r i Page 2 € I ~i a ,~...._......w...,.y,. «-.-we---«w.•ww~l.+- f.... t.sr'i. i,°~1,~~. ri xt~V F+v 4 § t rr~, I `'r3 ,,i~. ix a I 'j St/; jt. s a j S D o h _ ♦ it ' CS7~ 4 I ~OO yTO N t ~oOO i f I f I yy E I y~ l~ i r .yw ,J~.Wna.-Mrt+✓M?"~".,"'.:'I~iy'w~t',.1~ ~~a ~~~t~~*F + e • • r _r PROJECT N0. 4s//G6 CONTRACT NO. SSG THE STATE OF TEXAS § ' DEVELOPMENT CONTRACT COUNTY OF DENTON Whereas, el .'r-) c°_ hereafter referred to as "Owner," whose business address is h~•ox X27 is the owner of real property loc.9teJ in the cor?orate 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, f t hereafter referred to as "Improvements," are constructed in accordance with the City's specific,jtions, 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 i' • w'M-.. _~,J ~y ~r . ...i'. 4 ,j,ft tF. IF' :r~ji is yyt~k;'~ 1 ~~~1 ' i i • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or Whereas, the Owner elects to make s.ch Improvements here- after / set forth by contracting with ~Dn y~'~ !C~_~ IJ 7 c r , whose business address is 3 D Z a LtJo ~fh - g~2 o ~1 ,Lo n hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at J ~ r ~ - N o ~ f" ~ o ter( ~ t ~a,•f . t - JJ N ✓1 fan,F /cX • d , i the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: { • 1. Covenants of Contractor. Contractor agrees as follows: • • (a) Specifications. To construct and install the Improve- ments in accordance with the pro:edures, specifications and PAGE, 2 • • ' f standard contained in Division II and III of the City's Standard Specifications for Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to 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 heroin. (b) Authority of City Engineer, Inspections, Teats and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of F materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials • used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or a • • replace, if so directed, rejected, unauthorized or condemned work :l or materials, or to follow any other request or order of the City PACE'3 xtq FiI • e } { t Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.:6 of Division I of the Standard Specifications for Public Works Construction, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference, provided, however, for purpose of this provision only, t "Owner," as used therein, shall mean the City of Denton. (d) Neens 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 i I constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and i i Contractor mutually agree as follows: (a) Performance Bond: Escrow Agreement. That if building permits are to be issued for the development prior to completion PAGE 4 {y\ i • j a • f I c f and acceptance of all Improvements that are to be dedicated to the public: (i) a performance bond in an amount not lees than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by an approved 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 lees, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished f,u an amount not lese than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be • executed by an approved surety company authorized to do business in the State of Texas; or (ii) if the total contract amount of all Improvements is less than $50,000 and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and • 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 PACE !i • _ _ I i I I i Improvements by the City and that, prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affadavit, in a form provided by the City Engineer, stating that all bids, dharges, 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 unreleasec recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied material for, the construction of the Improvements, and, when requested, a written statement trom any or each of such subcontractors or suppliers that they have i been paid in full. (c) Retainagel Final Payments. (This provision (c) applies IIII only where the owner and Contractor are not the same party.) That I as security for the faithful completion of the Improvements, Contractor and owner agree that the Owner bliall retain tan percent of the total dollar amount of the contract price until after final approval or acceptance of the Improvements by the City. The owner snail tnereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that a • all indebtedness connected with the work and all sums of money due ` i ~ 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 Uprovements of the City, the Improvements shall PAGE 6 ~...:.~.......-....w..r,K.rr•«u J,~ ~.f i~f ,'ink as ,u~'~M'`AS~R'_ Ha "S~ ~r /:R r'o tr~'. _t T t r.~ r raQ ~P r.i rt, ft • become the 'property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the improvements, any claim, lien, charge of 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 i promptly post a bond with the city in the amount of such claim, r j lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance, E (e) Maintenance and. That prior to approval or acceptance i of the Improvements by the City, to furnish a maintenance bond in 1 form and substance acceptable to the City, in the amount of ten i percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all detects due to faulty material and workmanship that appear within one year from the date of acceptance, The bond shall be in tavor of the City and shall be i executed by an approved surety company authorized to do business ( in the State of Texas, • (f) Indemnification. To indemnify, defend and save harmless the city, its ofticers, ayents and employees trom all suits, actions or claims of any character, name and description 0 brought for or on account of any injuries or daarages received as ~ 0 0 sustained by any person, persons or property on account of the I.J PAGE 7 .a.. _ °.~4•~w..~..»_--r-'r-- y ur+ y~ ; li~;Ft ~l t,. y~.I t, ~t t". ,t ? µ~--'w~f►~' y , ~4 ' ~."l~u±~r:t.;"`mRik~4~7'~'? .1 )10 'T i • operations of the Contractor, his agents, employees or sub- contractors; or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in construction of the Improvements and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provisions of this agreement shall control over any conflicting provisions of any contract between the Uwner and Contractor as to the construction of the Improvements, 3, Occukancy. Uwner further agrees that Owner will not allow any purchasers, lessee or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.UU as liquidated damages, but such payment shall not ue deemed approval of such occupancy and the City may take What- ever action necessary to restrain such occupancy, j • 4. Covenants of City. That, upon proper completion of the f Improvements in accordance with this agreement, the City agrees to accept the Improvements, • 5, Venue and Governing Law, The parties herein agree that • • this contract shall be enforceaole in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue j; f PAGE 8 _ ....__....r.-~..-r-wry-._,.. ~,y!'^•~~ fl ~r i °.i~•~!'u~R ~'t.J;tN ~*11tv3~~"Sf",~f 71 ~'t,': i~r r ri } r : i 1 a i 1 • • I shall lie in Denton County, Texas. The terms and provisions of this contact shall be construed in accordance with the laws and court decisions of the state of Texas. 6, Successor and Assiyns, This contract shall be binding upon and inure to the oenefit of the parties hereto, their respective i i successors and assiyns. / Executed in triplicate this, -&Zvday of , 194~- OWNER CONTRACTOR Qayj VI -Aery v~;1.~;es 8Y. BY: r I CITY OF bEN , H ATTEST: l J, 3 CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ! • DEBRA ADAMI DRAYOYITCH, CITY ATTORNEY CITY OF DENTON, TEXAS • • BY; PAGE 9 r Ian.-cH a.+WYAI.- 95YY `M •11. ! f n Z~1 • _ .._.•.-+-++r...,+,.w.•.~r..+ , r, It l+~M`.~ ~ 1 /Y.' tE J yl Fr~A. + - i - -'~'•'1+'r• ~.t~:+.., e, r. sya ~ ..+'S! f, hj~ 4uvr~a~~y n~. 1 To: Mr. Doyle Conine Date: 8/11/94 We propose to furnish the necessary labor, material, i equipment and incidentals to construct the following work. j Description of work: Water system; sanitary sewer, storm drainage I i Location: Northwood Estates, Denton, Texas Qpantities and prices: See attached sheet. For your convenience, the above quantities have been estimated. However, this proposal is on a unit price basis with payments to be made on the actual measured quantities of work completed. On the last day of each month, partial estimates shall be prepared including all of the completed work plus all of the material on hand for the uncompleted portion and shall be paid in full not later that the seventh day of the following month. Final estimates shall be prepared immediately upon j completion and shall be paid within 10 days. Ali estimates not received on & due date shall bear interest from due date until date received at 18% per i annum, or highest legal rate. It is also agreed by both parties to this agreement that any and all costs F of litigation to obtain moneys due contractor shall be at the expense of the owner, and the items installed under this proposal remain the property of the contractor until the contractor is paid in M. r This proposal is also based on all engineering, grades and alignments being furnished by the owner, together with all necessary permits from the y, City, County, State or other interested parties. All necessary testing will be paid for by owner. Your acceptance of this proposal by signing and returning one copy to us within (10) ten days and the approval by us of your credit and arrangements to pay, will constitute a contract between us. This proposal is subject to cancellation if a National Emergency or other activities should cause materials to become unavailable. ACCEPTED: DON KERY a or) By: Titie: Title: 41 11 zt / • Bank Ref.: ! Date: I• • • 7... W"`t.".,'~fTAr U -^~~¢'~.R'RtA~! } • • { - ~iy~err n' h tdr Estates Bid Sheet Water System CONNECT TO EXISTING 1,00 EA $315.00 $315,00 6" DR 18 PVC 213.00 LF $14.70 $3,131.10 2" BLOW OFF ASS'Y 1.00 EA $525.00 $525.00 1" SERVICE W/METERBOF 4,00 FA $472.50 $1,890.00 1 SACK BACKFILL 120.00 LF $3.68 5441.60 TEST & STERALIZE 1.00 EA $420.00 $420.00 Water System Total - $6,722.70 j Sanitary Sower i CONNECT TO EXISTING 8.00 EA $367.50 $2,940.00 j 4' SERVICE 140.00 LF $12,60 $1,764,00 Sanitary Sewer - $4,704.00 Storm Drainage EXCAV. DRAINAGE FLUME 200.00 LF $3.15 $630.00 18" RCP 400.00 LF $26.25 $10,500.00 REMOVE HEADWALL 1.00 EA $420.00 $420.00 i 4' MANHOLE 1.00 EA $945.00 $945.00 1 CONC. RIP RANREMOV 1,00 LS $105.00 $105-00 y RIP RAP 48.00 SF $8.40 $403.20 Storm Drainage Total - $13,003,20 Project Vaot - $24,429,90 Page 1 L, ,1 _ ♦ kr a~i'~'Fr:~t~„i i DOODOp o44C QO ~ h~DO~ ODOOL.+ rp0 C7 U N ; 0~ l p N t ~ ~~~~Ca006400~ j i Y f { t. i~ Y • I s 1 Syr 't i' - • ru,a~oa- PROJECT N0. T> CONTRACT NO. _ THE STATE OF TEXAS S DEVELOpMFNT CONTRAST COUNTY OF DENTON S Whereas, HealthTru t In hereafter referred to as "Owner," whose business address is P.O. Box 24350, Nashville Tennessee 37202-4350 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 beginninq of construction of said development, a development contract is required to ensure that all streets, water and sower 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 contractinq with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or i . ............._._~_..~__._..«:~w~..... ._,...~y. s rr !1 art h by ~ ro.,l 7•, i 1 1 i i XXXX Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Superior Utilities Inc. , whose business address is P.O. Box 810545, Dallas, Texas 75381-0545 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the city has an interast in ensuring that the Improvements subject to this agreement, which will, upon completion and accaptance by the city, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at Denton Regional Medical Center - Phase II, 3535 135-E South, Denton, Texas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants of Contractor. Contractor agrees as followo: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and • standards contained in Division II and III of the City's Standard Snecitications for blic Works Construction North Cantral Texas, as amended, and all addandums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 i • .s.... . ._..._...........r-rt.... '(ter bpi i 1 1 • J • specifications, standards„ regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspections. Tests and orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications, The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications appliczbla 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 1 replace, if so directed, rejected, unauthorized or condemned wont j ~ Y or materials, or to follow any other request or order of the City Engineer or his representative, tha 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 • 0 the satisfaction of the City Enqinear, the City shall have no obligation under this agreement to approve or accept tLe improvements. PAGE 1 , _._W....,...___-... ~ _ ~",+1~'C •~"j Ln~ to . w • I r (c) Insgrance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided I for in Item 1.26 of Division I of the Star. and Snecifip~q~ys for n blic Works Constr ction North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. owner and Contractor mutually agree as follows: (a) performance Bonds. Escrow Acreement. 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 • puLlic, the following security requirements shall apply, unless the y development is a "one lot development," as defined by City's 'I Development Code: (i) a performance bond in an amount not less than the • amount necessary to complete the Improva~onts, as • determined by the city Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the state of Texasl or, PAGE 4 r - r{d~ 4 ,,ter r , ' # . . 1. 1, A (d ayt~~~RS ! ~~4~'1 ~35Y :f~~~ ~ 4 ~ • (Li) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the city Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the improvements. Without exception, the City's escrow agreement form shall be.used. (b) Paym2nt Bond: Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $30,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, ( material or both in tM construction of the Improvements shall be fully paid and satisfied • before acceptance of the Improvements by the City i and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written f affidavit, in a form provided by the City Engineer, j stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the • Improvements have been paid in full and that there • • are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the city Engineer, owner or Contractor shall furnish a complete list of all subcontractors who perforted labor on, or supplied PAGE 5 I • j 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) ggtainaae• Final Payments. (This provision (c) applies I only where the Owner and Contractor are not he same party.] That as security for-the faithful completion of the Improvements, f 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 II Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materialr, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied, (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of the Improvements, any claim, lien, charge or encumbrance is 9 made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and • Contr&tor shall upon notice by the City promptly cause such claim • • lien, charge or encumbrance to be satisfied and released o: promptly post a bond with the City in the amount of such claim, PAGE 6 14 • i i lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance, (e) liaintenanca 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 tan percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) IndemnificAtion. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with coats, which i may be obtained against the City growing out of such injury or damage. (g) Agreement Con rollinc. That the provision of this agreement shall control over any conflictinq provision of any contract between the Owner and Contractor as to the construction of the Improvements. PACE 7 ..._uv.e ..i`+.._.~--ter...- ~ •i r hrw ~ ~j~y~~ ~T~I yt[y, 14~ 1. ~f • - `(k~l:.l , v 15 '+,K At~y~~, ,'FX A4. [ +S~i~~Y' t i 1 • • 1. Occunancv• 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 $7,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the `i • Improvements in accordance with this agreement, the City agrees to 7 accept the Improvements. J 5. Venuq and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal • • • action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the state of Texas. f PAGE 8 .f _ .gar.. .._..r.-.W4,... y. f ~ . r i I 1 9 ` ~JJ 3 1 • 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 29th day of July 1994 , OWNER HealthTrust, Inc. CONTRACTOR Superior Utilities, Inc. S r BYt BY: G i. t k CITY OF YD N, TEXA3 r BY C TY MANAGER . i AIV EST : s J IF TERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY Sys S t PAGE 9 1 - «.w `J / _ ¢ `~i tit ti ~R ~~3' ~ r*1 ~ ,!y, , s ~Y; • ....«....r-'...+.....~.`w'e-^~!'wlrA.~ ..mow Kfi~4,5~~i)jt 1'n:fi`V,~~ifY~ryy.,.~1' v7 MEV 1 I { i 1 III) SUPERIOR UTILITIES, INC, CONrRAMR3 July 29, 1994. HealthTrust, Inc. RE; water & Sewer Utilities P,O. Box 24350 Denton Regional Medical Nashville, Tennessee 37202-4350 Center - Phase II City of Denton, Texas EXHIBIT A WATER 1 16" R.C.C.P. w/Fittings 898 if 5 45,00 $ 40,410.00 2 12" DR18 PVC Pipe w/Fittings 765 If 27,50 21,037.50 3 8" DR18 PVC Pipe w/Fittings 1,460 If 21,00 30,660.00 4 6" DR18 PVC Pipe w/Fittings 80 if 19.00 1,520.00 5 12" Gate Valve 2 ea 11000.00 2,000.On 6 8" Oats Valve 3 as 740.00 2,220.00 7 6" Gate Valve 8 ea 630,00 5,040.00 S 8 Standard Fire Hydrant 7 as 1,700.00 11,900.00 9 Rem & Relocate Existing F.H. 1 ea 1,700.00 1,700.00 10 Connect to Existing 16" W.L. 2 ea 11060.00 2,120.00 E 11 2" Deadhead 1 ea 1,200.00 1,200.00 12 1" Deadhead on Existing 1 ea 300,00 300.00 13 Adjust Existing 16" Valve 1 as 1,000,00 1,000.00 14 Remove Existing Fire Hydrant t ea 500.00 1,000.00 15 Lower 6" W.L. for Crossing 1 ea 1,800.00 1,800.00 16 Lower 8" W.L. for Crossing 6 ea 2,000.00 12,000.00 17 Lower 12" W,L. for Crossing 1 as 2,200.00 2,200.00 18 Concrete Plug Abandoned 16" 2 ea 150100 300.00 19 Remove Existing 16" RCCP 530 if 15.00 7,950,00 20 Trench safety Systems 3,123 if 1.00 3,123.00 21 Stabilized Backfill 560 cy 40.00 22.4Q0.00 , SUB TOTAL $ 171,880,50 SANITARY SEWER 1 10" SDR35 PVC Pipe 760 If 20.00 15,200.00 2 10" SDR26 PVC Pipe 333 if 22.00 7,326.00 3 4,0' Diameter Std. Manhole 3 as. 2,600.00 7,800.00 4 5.0' Die Manhole over Existing 1 as 4,500.00 4,500.00 5 Connect to Existing Manhole 1 as 500.00 500,00 6 Plug Existing 10" San Sewer 4 as 100,00 400.00 7 Remove Existing 10" Pipe 300 if 10.00 3,000.00 8 Remove Existing Manhole 1 as 300,00 300.00 9 Abandon San Manhole in Place 1 ea 200.00 200.00 10 Trench Safety Systems 1,093 If 1.00 1,093,00 11 Stabilized Backfill 270 cy 40.00 10.800.00 SUB TOTAL $ 51,119.00 continued P.O. Box 810545 Dallas, Texas 75381.0545 214.382.5891 FAX 214-352.3988 L" rji1F jrl 4: ))i i . I I Denton Regional Medical Center - Phase II Page 2 STORM DRAINAGE 1 Triple 8'x4' Box Culvert (80') 1 is $ 45,000.00 $ 45,000.00 w/ Wingwalls & Rails 2 48" class III RCP 289 if 104.00 30,056.00 3 30" class III RCP 39 if 44.00 1,716.00 4 27" class IV RCP 109 if 46.00 5,232.00 5 27" class III RCP 146 if 38.00 5,548.00 6 24" class IV RCP 84 if 40.00 3,360.00 7 21" class III RCP 286 if 31.00 8,856.00 8 18" class III RCP 1,237 if 28.00 34,636.00 9 Retention Pond Outlet Structur 1 is 13,200.00 13,200.00 10 Type "C" Headwall on 30" 1 ea 3,300.00 3,300.00 11 Square Junction Box on 48" 1 as 3,000.00 3,000.00 12 Square Junction Box on 30" 1 ea 2,800.00 2,800.00 G 13 Square Junction Box on 27" 1 as 2,800.00 2,800.00 14 Square Junction Box on 21" 2 as 2,800.00 5,600.00 r 15 Square Junction Box on 18" 3 as. 2,800.00 8,400.00 16 10' Recessed Curb Inlet 4 as 2,800.00 11,200.00 17 8' Recessed Curb Inlet 1 ea 2,400.00 2,400.0C 18 6' Recessed Curb Inlet 11 ea 2,200.00 24,200.00 19 Connect 18" to Existing Inlet 1 es 400.00 400.00 # 20 Conn 48" to Flared Wing Wall 1 ea 600.00 600.00 21 Conn 21" to Flared Wing Wail 1 ea 200.00 200.00 22 Break off Inlet Top & Convert 3 ea 11800.00 5,400.00 6' C.B, Inlet to Modified Drop Inlet 23 Break off Inlet Top & Convert 1 ea 1,800.00 1,800.00 j to Manhole 24 Stabilized Backfill 677 cy 40.00 27,080.00 25 Concrete Rip Rap @ Access Ramp 48 sy 60.00 2,880.00 26 Grass Crete Revetment @ Ramp 432 of 6.00 2,592.00 27 Trench Safety 2,190 if 1.00 2,190.00 SUB TOTAL $ 254,456.00 ELECTRICAL-Delaal i t ion 1 Rem Exist 3-4" Conduits 300 If $ 8.00 $ 2,400.00 p ` 2 Plug Exist 3-4" Conduits 2 ea 50.00 100.00 3 Break of & Abandon Manholes 2 ea 200.00 400.00 4 Trench Safety Systems 300 If 1.00 300.00 SUB TOTAL $ 3,200.00 TOTAL WORK TO BE PERFORMED 9 480,655.50 a PAYMENT & PERFORMANCE BONDS $ 8.380.50 TOTAL PUBLIC WORK $ 489,036.00 ' r ~ ~ w.•+ ,r:.~.....n..^.-.-....w....+t,:•+-w~wMRM.~.... ~..y,• i .c Ji ~ ~Y ,~k~~.d ti 3' T',~` , ; +}k , +~4~ ` i^~y. • • AAA019DE Bond #S-19-14-17 PROJECT NO. Power #163397 CONTRACT NO, PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That SUPERIOR UTILITJES INC. P 0 Box 810545, Dallas, Texas 75381-0545 of Dallas County, Texas, hereinafter called Principal and UiPLOYERS MUTUAL CASUALTY COMPANY a corporation organized under the laws of the State of Iowa 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" in the penal sum of Four Hundred Eighty Nine Thousand Thirty Six and no/100******** (S 489,036.00 1 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with owner, dated 29th the day of Jut , 19 94 , in the proper performance of which the C ty o Denton, Texas, has an interest, a copy of which is hereto attached and made a part • hereof, for the construction of: Water Sanitary Sewer and Storm Drainage fpgilities to serve: Denton Regional Medical Center - Phase 11, 3535 South 135-E. Denton. Texas NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of maid Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE 1 i i ,a > and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; than this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, altar-".ion or addition to the terms of the contract, or to the work 1erformed a thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on j this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the 4 Contract, or to the work to be performed thereunder. 4 IN WITNESS WHEREOF, this instrument is executed in triplicate, ! each one of which shall be deemed an original, this the 291th day 19 94 of July , PRINCIPAL SURETY SUPERIOR UTILITIES, INC. EMPLOYERS MUTUAL CASUALTY COMPANY O4A BY: BY: NYTNFACT ce Thacker ATTEST: SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MOIST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. w _ j PACE TWO k +D EMC Insurance Companies NO-163397 P.O. Box 712 • Des Moines, Iowa 50307 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an laws Corporation 4. Illinois Emcasco Insurance company, an Illinois Corporation 2. Emcasco Insurance Company, an Iowa Corporation S. Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Mutual Insurance Company of Providence, 6. American Liberty Insurance Company, an Alabama Corporation a Rhode Island Company hereinafter referred to [ werally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint. JERRY A. KIKER, CHARLES K. MILLER, W. BERT DUCKETT, STEVE RICKENBMTfER, DAVID OXFORD, REBECCA TRACKER, INDIVIDUALLY, DALLAS, TEXAS------------------------------------------- its tru a an d lawful atior ney i hil with full power and authority conferred to sign, seat, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN NN &`?C'JNT NOT EXCEE)IPK, FIVE HUNDRED THCUSANt) DOLLARS ($540,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. A nil unless sooner revoked. The authority hereby granted shalt expi•e 1 , 1996 AUTHORITY FOR POWER OF ATTORNEY This Powerof•Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duly called and hold in 1450. RESOLVED: TheChairmanof the Board of Directors. the President,any Vice President, the Treasurer and the Secrelaryel Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys in fact and authorize them to execute on behall of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney in fact at any time and revoke the power and authority given to him. Attorneys in tact shall have power and authority, subject to the terms and Irmilationsof the power of attorney issued to them, to execute and deliveron behalf of the Companyand attach Iheseal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory M the nature thereof, and any such instrument executed by any such attorney-In fact shall be fully and m all respects binding upon the Company. Certification as to the validity of any power of attorney authorized herein made by an off icer al Employers Mutual Casualty Company shall be fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copyel any powerrobattorneyof the Company, shall bevalidand binding upon the Companywith the same lorceand affect as though manually affixed. IN WITNESS WHEREOF, The Companies have caused these presents to be $i or each by their efficers as shown, and the Corporate seals to be hereto affixed this day of Robb B. Kelley, Ch man Phiiip T. Van of Companies 1, 2, , 5, d 6 of Companies 1, 2, 3, 5: ,7 As 'st~aol Secretary of mpanY 4, ~~e INSUg4 ,aS~PANC(~a, ,.~PlY ~MSU g4'y 4, ''LPDR ' ld L. Coughe er, o . ce • ° Bruce G. Dona o c of Company aAssistant Secretary Company 6 " i SEAL t863 '3:-1953 ;i`•, °i RI ss c a: On this 17th day of February AD 1993 bebre 2 o,, .,`~,~rrtlNOlssF?' vn, 0",., bblII"~1,*?,meaNotaryPublininandforPolkCounty,Iowa,perWrly apPaa•ced Rri6b B. Kelley; Philip T. Van Explain, Bruce O. Kelley, and Dorsett L, Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the '"SUruN""suA "uruaCharrmanandAssistant Secretary, respectively,ofeach of The Companlesaboorc • ';yyo oe'O1,~et" ; FC;,I ; ',~,ves that the seals affixed to this instrument are the seals of raid corporations; that • said. instrument was signed and sealed on behalf of each of The Companws by ' • , o : - auihorltY of their respective Boards of Directors; and that the said Robb B. Kelley; SEAL SEAL e e SEAT. S Phillip T. Van Ekeren, Brow G. Kelley, and Donald L. Coughennower acknowledge , o + the execution of said Instrument lobe the voluntaryact and deed of each of The b NFs Companies. ,,"'owa , "*r4 Coto, o,1My CommissionEMplresrAugpst2.1995. MIM 11AU1LARIS Fbtalaubl ~ • • • j~RU 11114, u E71}N ?y CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty. Company, do hereby certilN that the foregoing resolution of the Hoards of Directors r1iFebrtta 17 1993 by each of The Companies, and :his Puwer of Attorney issued pursuant thereto on ty - on behalf of Jerry A. Kiker. Charles K. Miller, 'v7'.. Bert Duckett, Steve Rickenbacher, David oxford, are true and correct and are still in I'utl force and eflect. A-dSSlah of each Company this _ 29 I t}1 day at In Te Impny Whereof I have subxribeQ my namesrid" RFl; aRFx 91 A-fS, - U_L.SL Vice-President 1 • AAA019DF PROJECT NO. Bond AS-19-14-17 Power 11163397 CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S f I COUNTY 01' DENTON S THAT SUPERIOR UTILITIES, INC. P.O. Box 810543, Dallas. Texas 75381-0545 of Dallas County, Texas, hereinafter called principal and I EMPLOYERS MUTUAL CASUALTY COMPANY a Corporation organized under the laws of the State of Iowa and authorized to do business in the State of Texas, hers nafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structurse or improvements referred to in the attached contract, in the penal sum of Four Hundred Eighty Nine Thousand Thirty Six and no/100********* 484.036.00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of r, which sum well and truly to be made we bind ourselves, our heirs, exseutors, administrators, and successors, jointly and severally. • THE Condition of this Obligation is such that: i WHEREAS, the Principal entered into a certain contract with Owner, dated the day ofr 19 44 in the proper performance of which the C ty o Denton, Texas, has an interest, a copy of which is hereto attached and ande a part hereof, for the construction of: • Water, Sanitary Sewer and Storm Drainage facilities to serve: • • Denton Regional Medical Center Phase II 3535 I35-E South, Denton, Texas PAGE ONE vv 2 YL.t ~ Y.y' ~ d ! >r s NOW, THEREFORE, if the Principal shall wall, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said j contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. y< Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton county, Texas. AND THAT said Surety or value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, r alteration or additionh to the terms of the Contract, or to the work c. to be performed thereunder, IN WITNESS WIEREOF,'this instrument is executed in triplicate, each one of which shall be deemed an original, this the 29,th. day of July 19.2 k SURETY ~ PRINCIPAL C:p RIOR UT(LtTIE~, INC. FMPLIOY S MUTUAL. CASUALTY COMPANY BY. BY: A ORNEY-IN-FACT Reb cca Thacker ATTE5 SECRETARY t NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i r' + i i PAGE TWO v rW«.w...+r..u. rv v & i • I EMC Insurance Companies No 1 6.3 39 7 ' - P.O. Box 7t2 Des Moines, Iowa-50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance company, an Illinois Corporation 2, Emcasco Insurance Company, an Iowa Corporatlon S. Dakota Fire insurance Companr,a North Dakota Corporal x - 3. Union Mutual Insurance Company of Providence 4 6; American Liberty, Insurance Company, an Alabama Corporatalon,;r _ a Rhode Island ComPanyr icanstdute and appomty r Vii. her referred to severally os"Company;:'and collectively as Companies eacl 'does by lheie presents make JERRY 'A. KIKER., C4{ARLES'K ~b1SLLFR„W.'BERT.Dt1CKETf", S[E'VE RFGKENBACI[ER DAVID;bXEC1RE7 l A' ~J e :u 'f t ~ f REBECCA THACKER, INDTVIDUAIIY-DALLAS,' TEXAS- ;fm r t its true a rd lawiui attorneyrnlact with full power and authority conferred to sign seal, and execute its lawlultwnos undertakings and oilier obligatory mi instruments of a similar nature as follows N AJN1 KXrII' NOT':FNCEEDING FIVE HUNDRED nOUSAND'DOLLARS ($500,000:00) end to bind ea:h Companrilhereby as fuliy'and to the same extent as if such instruments were signed by the duly authorized ohicers of each such ~Cnmp+.ny, and all Of the acts of said attorney pursuant to the aulhority hereby given are hereby ratified and confirmed rt'. ti ~,I A ri1' 1, 1996' unless sooner revoked. The authority her0v granted $Sall expire..- AUTHORITY' FOR POWER OF ATTORNEY" This Powerdf-Attorney rs made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled. meeting of each company duly called and held in 1990. , RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty l Company shall have power and authority to (1) appoint attorneys in fact and authorize them to execute on behalf of each Company and attach the, seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney in-fact at any time and revoke the power and authority given to hint. Attorneys m4acl shall have power and authority, subject to the terms and limitations of the power. of attorney issued to them, toexe<ule and deliver on behalf of the Company and attach the seal of the Company. thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nalure thereof, !f and any such instrument executed by any such attorney indaot shall be fully and in all respects binding upon the Company, Certification as to the validitirof any power of attornoyaullimized herein made by an oliicer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company.. The facsimile or mechanically reproduced signature ol. such officer, whether made heretofore or hereafter, wherever appearing II upon a certified copy of any power of-aliorney of the Company; shall be valid and binding upon the Company with the same. force a nd allect as though:. manually affixed. IN WITNESS WHEREOF, The Companies have caused these presenis to be si or each by their officers as shown, and the Corporate seals l to be hereto affixed this _17Y-12____-. day ofFt<-17n1d 93- Seals Robb 8. Kelley, Ch man Philip T Van Ekeren Secretary of Companies 1, 2, 5, g 6 of Ccmpames 1: 2, 3, 5; . As slant'nSecpre tary of C Inpany 4 D ~TANrf' ! 't L1 Sly co Iryq Aa p J~ t! . ~o b AS n CO 0ti0 ~ r x J 'raprr r scoe10+eon otrue, Bruce G IiiC airman- 'OOnaWL:Cougtie er, • Assistant SEAL Secrel Compainy 611n o - t of Corn an 4 it,', w i £ 1863,---: 1951, y 17 l { Februa_rY 'AD 1993 `before a z : On this: dayof me a. Notary Pubilcart and for ON County, lowa personalty appeared'.RObb 8 `irfinoS' ' ;n wx Keller Philip T.Von Ekeren;, Bruce G.Kelleritand Donald L.Coughennovier who. niu being by me duy.svrom did saythat.ihey are; and area known tome tdbe ttte IIiG „ - t...0%) a ChairminalldAssistentSecretary;respectively;. ofeach.ol.TheCompaniesebovii Q`asuaagnF~, e~,Osu I,nj eaN~f, y esv,u"r'A ~r',r<, that:the•sealTiftecktothisinstrument are•the seals ohsaktcOrporations,thatr"* p said ;instrumentwas;itgneci:and dealed'on behaitot each of ThemcompadtesrbyZ'',7 • , ° ~•i• O,S `~p10a1 n O~ a;r:~~j A y r authorityofthew.fesDedrveBoardsotDirectors;ancithattheiard.Rob6t3.Kefleyt w SEAL Phoirp,T'VanEkere%..BzulKelley;anctDoneelUCoughemtowerackraw*jge >'theexecubonofiald°,instrumenttobe the volunlaryactanddeedofiachbhThe "1p r 'rOA ~f'ydI4li~+' `Companies . ,i, ~IrY ox4o r , 1'. jl - p s , r W "aI, , "n „ YC r !;nr My Coro'misslmr Explrp7^ uj`usl 2 1995 p 4 i t r .~I s r... , t.;.-J'ar`y; t~Yl.}CAV~Ft ttvt't s~7 v~~~'l~xl~~;i ~eia~r'{'kMely~Ptlhi { Yxa}',i ~ "}%v~~ 4~ • u r,wroawls-9~wovt+ta , r~' ' t ,y} ` r t • • 95. } RY'CERTIFfGA1a,i- I~,r y 'l ,u tS 4. t ,Y,}. rw tors^ crsMuttiaV C .waVCompanYpdo,harebyl~,~y((fjsltraGlhef m&resolutlon of'.the~BOardi'of DIke, of l •Hfxenbaugfyohttie,Emp4oyw lr r . .7Yt,y( }f~~' ` I,}~rJCr't..,Febrira 'YY by eactro},The' lumpanies andlhis POwe?ol Attorney.( u pOrsuanhFaretorort * -1..n ' onbehall old-JeCT.y A. ICi!:er Choi'les~K'Y~tilI itlBer'1: L~uckert' st'e've'Rickenbacher, Day, iri~'rycford, are true and correct add are stnI in fall force and effect--,.,- at~+r u tie s 29 r ~iy I t` 1 In Iejlim ny Whoreof I have; subsvlbey} my name! and ai 6 %eat,ot,lacchh Umpanrl?I • _.Oay of 'it _ _ 19 ` z . t f r Vice.Resident • • i I 1 AAA019DF PROJECT NO. Bond US-19-14-17 CONTRACT NO. Power 11163397 CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL, MEN BY THESE PRESENTS: COUNTY OF DENTON S That SUPERIOR UTILITI~ 15. 15 NC, P.O. Box 810545, Dallas Texas 75381-0%5, of Dallas county, Texas, hereinafter called Principal and EMPLOYERS MUTUAL CASUALTY COMPANY a corporation organized under the laws of the State of and authorized to do business in the State of Texas, here nafter called "Surety", are hold and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Forty Eight Thousand Nine Nundred.__Three and 60/100*********** fS 48-903,6Q 1 Dollars, lawful money of the United States, the said sum being ten percent (10t) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we y bind ourselves, our heirs, executors, administrators, and • successors, jointly and severally, THE Condition of this Obligation is such that: I WHEREAS, the Principal entered into certain contract with owner, dated the 29th day of July , 1994 , in the proper performance aT which the City of Denton, Texas, has an • interest, a copy of which is hereto attached and made a part hereof, for the construction oft Water Sanitary Sewer and Storm Drainage facilitier, to cervpm Denton Regional Medical Center - Phase 11 3535 135-E South Denton Texas PAGE ONE • ` NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growir., out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, ' known or unknown,-at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. 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 e provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue. shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 29, h day of July , 19 94 PRINCIPAL SUPX%Y SUPERIOR UTILITIES INC. EMPLDYERS MUTUAL CASUALTY COMPANY BY; BY. C A RNEY-IN-FACT Reb cca Thacker PAGE TWO __...-..-Y-.~......~.~,:.-;.........».w-...-.r.-...»u.-4 ~e.w.w. sky ` r•itTy Y~r ~ , t ~ u y[~~. J y iF~~ •t ~}Fin s~, ~ ~ ~,~tYF,~~ ~`i k15 ~ 'S+„ i z zz- 1 :+a ek I 0'60 P J 1 '41 r" ).3G1ol liS{Li``Yi L ~h1~3? ~Tine° y,Y2 3 J 1 t • ii +p 1 •,.a, It .1w 1~.~~:52' r !{I .a , ~ A4 11°,r ! J .....~,u...~w...1..Sera.i.w-:...L~...w1.JLu+.G.w..°..i.S.~S...Y . ~ r NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. t ATTEST: SECRETARY f s 't • yf 9 F 5 S t t S - a d ~ F FACIE TMREE 4 Y 1 v a.4 ~ . r I y` • i ' r EMC Insurance Companies' N0.163397 P.O. Fox 712,.Ues Mniner,' iowa.50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN FACT KNOW ALL MEN BY THESE PRESENTS. that: 1, Employers Mutual Casualty Company, an Iowa Corporation 4, Iktnois. Emcasco Insurance' Company, an Illinair Corporation 2. EmcasrAlnwrarxe Company, an Iowa CorpontWn 5 Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Mutual, Insurance, Company of..Provldence, .,6 Amerkao-liberty lnsurance,Compmy an Alabama Corporation ;%.t + • a. Rhode Island'CompanyF hereirtaftenreferredto severalty.as Company . and collectively as • Companies each dces by these presenter make constitute and appoint a; i~ ; v. 1 :JERRY' A.. KIFR, C}L 1RLES K ' NrILF,FR,. W: BE;: WC CSTFV#,RKKEN DAVID OXFORD,; ,x REBECCA -11tACKFR, INDIVIDUALLY,- DALLAS, TEXAS--------- - its true and lawful atfornerm•fact,wilhfull power and aulhordyconferred to sign. seal, and execute its lawful bonds, 6nderialkings, and other obligatory instruments of a similar nature as.loldws: - - IN '+v Jt`lOL1' ~C F~(C~:FJ)INC FIVE FfUWRLD "INWSAND DOLLARS------ ($500,00 0.00) and to bind. each Company,thereby as fully. and to the same extent as if.such instruments were signed by the duly authorized officers of.each such` ' Company,-and all. of the acts of said attorney pursuant to the authority herebyglven are Hereby ratified and confirmed I.; 199.6' The arithoidy hereby granted shall expuP, -'unless sooner revoked- 'AUTHORITY FOR POWER OF'ATTORNEY This Power ot-Attorney is made and executed pursuant to and. by the authorifyol the following resolution of the Boards of Directors of each of the, Companies at the second regularly scheduled. meeting of each company duly called and held in. 1990. - - , RESOLVED; The Chainnanef the Board of Directors, the President, any Vice President, the Treasurer and theSecretaryof Employers Mutuaic.isuelty Company shall have power and authority to (0 appoint attorneys in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bends and undertakings, recognizancesconlracis of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney in-fact at any time and revoke the power and authority given to him. Attorneys~in fact shall have power and authority, subject to the terms and Iimilations of the power of attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances; contracts of indemnityand other wrilfngs obligatory In the nature thereof,. and any such instrument executed by any such attorr unfelt shall be fully and in all respects binding upon the Company. Cerfiliration as to the validlfy of any power of a llorney authorized herein made by an officer of Employers Mutual Casualty Company shall be futiy and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing. i upon a certified copy of any power of"attorneyol the Company, shall be valid and binding upon the. Company with the same force and affect as though-.,. manually affixed. I IN WITNESS WHEREOF, The Companies have caused these presents to be ssiiguA. or each by their officers as shown, and the Corporate seals il{ to be hereto affixed this 17_th___`__. day of Seats Robb & Kelley, Ch man Philip T. Van Ekeren, Secretary - ol Companies 1, 2, 5 & 6 of Companies-l; 2 3,1 5• ' n As slant Secretaryof C mi 4 q tN5 bq SURANCpn •ptY lNepq 1J//K~1_'•t ' ~ sxy,~`onre"eratiSI; Q~ vo"r°°~,°o 0~og1u, QyM Bruce G Kelle an Ilortaid L. Cuugheerr'..:, t, 'r• ° r Of CAM an 4 y As sistan tr• Secrel_a If dh.'Company, 6 a 1953',= o p y o SFAL 1863 17th:4, Febru "AO 1993 before a° s+Onlhis. Qayol•_'-__-_~- / J~~'RUneig;a yArr~ ~•`,1nw~o me;a: Notary Public in and far Poi County, lowe, persorwllya gpeared Robb B , Kelley;PhihpLVanEketiliBruce G,Kelley, andOrtinaldt.Ceu henrov wi be ng.by meduty.swom^didsay thaIthey are, and aro known to mean be the c r , N "'v ` Cha'rcmenacidAuistant•SecretarYi.respectivey of eachpf.TheComflardesabo`ra, r. i ~PNIIMkCf r4 ,~F51t)pghr~ uy,P y1-,nfl,1.1,4"i i ' 11 ` ry`WI,1 qs.,thaGllfesealsatfllied'tdthisinstrumentaratherseals.otsabacaporations,tM1aln-a;' .r..'11 .,'low,F r; ' mQ o~iwe! t0"+'T p, a sald;ltistrument,'jrds;fgeed'ind:dealed'on'behaltot'eaih'o ThrCampsaies bY}bMr 'r a:. x t authiirrtyoltheir.respeGlve.BoardsatDirectors andtlteRthesatdRobbB:Kelb)T4'S,x 11 12 ?..SEAL' a ,SEi1L 'W ,SEA n t illfp4Tivan.Ekren,Bcuce,GKefley,andoonaldl Cougtsenrgweracknaw'kdga•~'^' .~IQYnstr nttobaUewfuntaryac~tanddeedofeachahThei Y ` s o j:±.° A/."af+-11c Q° -phheexe,vain c P 4 ,r Y 'rOWAxai0»1A lJ' MarNES I'M ~Compamas.r v.,# tx ' -i ,•f F= a n r x „ yr ' 'MyCoinmicsartEXplresAu$usl:2 199S.," y ~nfias7 ~h' r, y S f aytt 11-F x u l . 1 lien r MVtCH S 3,t(e'« ti!xrr y ~hyf3lR~~ i r A~ d ' c i i tc t4tSyY' OIgEXM" it {yEi~t K ~Ykv r~ ~7 • i a r t tiu 8-28 95 a z @ i F tti ! r t t va ~°IFIn 7 { regtc-e~ thaGeforeltomgresotW nofth Baardto uedxs^ } F 7{sl°davidL'kfxenbaugMoftheEmtok:ikutu3tC3sualriiian do he lli x „ ~..i•+». s* t .*r~f~t~~~kt „4wi~•,~'*,*. Febrtlary,•17;;'~993rz~` 4fJ~~r j byeactrxiCompanies and thisPowoeof-Ahorneyi2d.pur~JanCthereltron on b 11-ol"Jerry; A--K.zker. Ctiaz'2es` K': Miller;. Beet Ouc.kett, .5teve~ Rickenbach .i, David bkforci, are true. and correct and are still in (i force and effect,, iq r de of f` In Tevimony Whereat have: subscrl my hams an a a J bl~fl , . ~ ~ , ~o6 Vice•Presidlnt j J r • • (MMAXVM acORIPe. CERTIFICATE :OF1. INSURANCE 1111111iDATE THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND94 ieoovca / CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Southwest ASSUrKnoe Group, Inc DOES NOT AMEND, EMNO OR ALTER THE COVERAGE AFFORDED BY THE 9400 N. Central Expwy., 01550 POLICIES BELOW. Dallas, TX 75231-5044 COMPANIES AFFORDING COVERAGE (214) 691-5721 FAX 691-4961 LCo"AA'" A TRANSCONTINENTAL INS. CO (CNA) B VALLEY FORGE INS. CO. (CIA) LET" EIKIRW SUPERIOR UTILITIES, INC. C CONTINENTAL CASUALTY INS (CIA) UETTEII P.O. BOX 810545 DALLAS, TEXAS 75381 Oowwy D COMPANY E Ler" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMES ABOVE FOR THE POLICY PERIOCI INDICATED, ;I OTWITH STANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TM or NIWMME POLICY WAI M . ' NMIOY 1A9111t POLIO pV/IAT10B Uw" B:OKNauLIAwrY DENUTALADNEOATE 52,000,000. X COMMERCIAL GENERAL LvRARY ! OTPP-Al-16MI743 reoovcrscC Oo AGO. 11i'0001000. C04AS MADE X OCCUR 10/14/93 10/14/99 PwsO"AL"`w. `w S1, 000, 000. OWWAS A CONTRACIM PROT. EACH OCOAVVOCE _ S1,000,000. X TCPP FM OAMARFINIYOnIIH/ 1 50,000. I ' : MED. E70'DISE (Am a+l wwj f 51000. Avro"oo" LIABILITY ooMBNFD 50ME 1110001000. t"T B X ANY Auto rBUA•f•166iS726 ALL OWNEDNJros 10/14/93 10/14/94::"YKAJRY 5 suIEUARD,wTOO IFW Rww) X HRED AUTOS BOOAY NUIRY i 'i X...: NON 0"0 Autos IKIdFAO OAAAOC LMBIITY ; YROPEAIY 0MV46 L EACH OCOUIP100 52, 000, 000.. EAeuE LnNLnY C.X UMKU FOAM rnuST•s666f760 10/14/93 10/14/94AOOiEU~i SZ, 000, 000. OTTER IRAN VMIB16TLA FORM STARftDIIY LADIS WORRTAYJCOMMNEAraR A' AND rwafs xf7ss 10/14/93 10/14/94 EACAAae 5 500.000. DISEASE ..P i03Y hW 5 500, 000. nrEOraTr LLUAm DOEM - LAW 0111NOYER G 500,000. { OTH" r ABLECTRONIC rTPt•At•tN7 AMT. OF INS. 6,02__,.. t7u 10/14/93 ! 10/ J.4/ 94 8. • EQUIPMENT PROT. ' OF DIC REI DEIMON REGIONAL MEN L AL L INSTD CENTER- ON GL. PHA86 1 I1I, , 35535 _ I3 5-E SO ISTH, DENTON, TXI CITY OF b AUTO & pA~ WAIVER OF F INS (PER PROJECT RSUBR DON ALL ADPOLICIES ENTON A ENTON kADDT C02503 AGGREGATE LIMIT O " CEL T "J'AC1% 10 DAYS Ng RIP. w r,' ` s+ , ,.a: i a >1,a sv'! M4~n w'+,4~. .:;.:...~s >u, Ca.,'•~~ I 'C'v~>~ ,~T ~ I~i'`4A.S:N ~ • 'I S"JLO ANY OF THE ABOVE OESCRKO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO I't MAIL. _ 0 DAYS WRITTEN NOTICE TO THE CERHHCATE HOIDEN NAMED TO THE CITY OF DENTON ;r LEFT, TIIIT FAIRM TO MAIL SUCH No'ncc SHALL IMPOSE NO ciewATION OR LIABILITY OF ANY KJNO UPON THE COMPANY E OR REPRE 215 EAST tic KINNEY FATITNOMrfO RoRawTA1TNl DENTON TX 76201 9 1{~YCRD'9!•B(fitED} ~ ~ ~ n ~ v ata '~rF b i'?t?<r C)s ~ i qTx~ - _ 'i' ! • 't r~-. " ' I.,F'~7EA,1`~^"~l~t+,?+J ? ..s ! n~~_-~r ut rer n pr-,yr o ! z R r ca~ " a 03 "~.trx y Ali as i R. e r Qpp0000 Of 0 ppO~O~o ` i OOH o C G 0 ~ r r z• 0 ~~°ooooaano4~~ t i I I t I q i i • 1 Y j 111' ` ' - t t j~ 4r t3o lw 1 , .sww-«.au...1..r.l.rsairYwa► - r ~ ~~514 • • =G4-ad i} {C l~kE ~fl P,611 P002'910 AJ~AOOD9 7 PROJECT NO. C*VMCT No. LZ THE STATE OF TEXAS nrMlIgOPKENT CONTRA COUNTY OF DENTON S Whereas, Centennial Homes, Inc. hereafter referred to as "owner," whose business address is 5757 Al ha Road Suite 700 Dallas Texas 75 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, own*:. wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of ! said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements are constructed in accordance with • 1 the City's specifications, standards and ordinances) and (select applicable provision as follows) ii • Aeress, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall wean the owner as named above; or I w.~n- i-r+....tiw•.....Mww.M+~w-.. ._..qA. ` `i, ~Ij` ) Iffa.. Y.i~j ! ~Ly ! 'i 'J~ 1~ ,l s :5 k ! , toe 1 yfi. f • Jri'r ' 1 ~.'1+. r~t . by ~ .d 1 t ~ 'ru. ohm • 4-24 57PY! ? TYcND)d?,HEY - ~':G ALiI r'~iQ3; (~j I i I © whereas, the owner elects to make such improvements hereafter i set forth by contractinq with Murray Construction Company, Inc., 515 N. Keal Ave., Lewisville, Texas 75057 , whose business address is hereafter referred to as "Contractor"; and whereas, owner and Contractor recognize that the City has an r ~ interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, aro properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the improvements to be dedicated to the public, as op-.'.tied in Exhibit At attached hereto and incorporated by reference, to be installed and constructed at Southrid a Estates Phase 1 , the owner, Contractor and city, in consideration of their mutual promises and covenants contained heroin,' agree as Nllowsi i, Covenants of contractor. contractor agrees as follows: (a) Specifications. To construct and install the improvements in accordance with the procedures, specifications and • standards contained in Division II and III of the CCity's standard • • Snecificationg for, Public Works Construction- Barth Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE a I • 1 -04-94 05 57B! TH11Df1, KER - mll; ALIT f'HUI)10 specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of f the agreement as though written herein. (b) I gXA,=. That all work on the Improvements shall be performed in a f good and workmanlike manner and to the satisfaction of the city Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the speeifteations 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 furnish}d, to satisfactorily repair, remove or j replace, it so directed, rejected, unauthorized or condemned work or materials, or to fullow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work • until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the improvements. PAGE 3 44 ___._~.d. . qTi t+;'1 i 1{,\T~C. •1A7'~~,1LSi ~k n`IY'I~Yp~i~ AL- • • i (c) insurance. To provide for insurance in accordance Frith the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard SpecifidatigAs for public works Construction North Caatral 'mod, as amended, the provisions of which are expressly incorporated herein by referencel provided, however, for purpose of this provision only, "owner," as used therein, shall mean the City of Denton. (d) deans and MeZho" of ,p. That the means and methods of construction shalt be such as contractor may choose) subject, however, to the C; , a right to reject any raprovesaints for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were i constructed in accordance with City specifications. 2. Mutiall CgVan:nts of OWM&r AAd Contras or. Omor and contractor mutuLlly agree as follows: (a) That if building permits are to be issued for the development prior to completion and acceptanga of all improvements that are to be dedicated to the • public, the following security requirements shall apply, unless the development is a "one lot development," as defined by city's I Development Coder (i) a performance bond in an amount not less than tIM • amount necessary to complete the lWovements, of * • determined by the City Engineer, shall be submitted quAranteeing the full and faithful completion of the Improvements meeting the specifications of the city, shall be in favor of the Cityt ri zed d executed by a surety company business in the state of Texass or, PAGE 1 ~.T\r`L , • 94-94 7P"! (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as 1 escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the city's escrow agreement fors shall be used. (b) pay---r. Bond- Assurance of. Payment. That prior to acceptance of the Improvements: one will be hundred furnished percet (100=) moo t tnot (1) less payment than bond l he approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper 1 -mmaterial for the lconstruction of supplying Improvements, I shall be in favor of the city, and shall be 1111' executed by an approved surety company authorized to do business in the state of Texas; or, (11) $if the 50 000 total or contract amount of all Improvements by o the ntCity Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by city's Development code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied • before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, statinq that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the • Improvements have been paid in full and that there are no unreleased recorded liens filed against the ♦ • Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 pow • • T;.:11DMAKE,.'. - '1J3 A11; H01i010 material for, the construction of the improvements, AM, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Aatainaaev Final Pavmente. [This provision (c) applies only where the owner and Contractor are not he some 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 reteinage, only after f Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of the improvements, any claim, lien, charge or encumbrance is i' 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, FACE 6 ii JI r 1 i i id "15:57PM T~ THE}fD}dF.KEf. - I+ r'.1t( f'i10$/OIij lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. (a) M&JntenA=q Bond, That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texan. (f) Yndamnification. 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 )f fault of the • Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the city growing out of such injury or j damage. • • • (g) &ra,ee~„ n` t control ina. That the provision of this `.w11 agreement shall control over any conflicting provision of any contract between the owner and contractor as to the construction of the Improvements. ?AOE 7 r • . .r-«.r.r.-._...w.-+NM+.... r [ r 1tif ,t '+1 3~i 'b'S ~~gt, ' } yi1~Ii~f~7.mti 3 pry n <k Y,ri. • i i 71,H bAIKER - "Al Rlil 3. Occupancy: on 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 $30000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy, (b' That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Qgvenants of City. That, upon proper completion of the • Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. venue and Governing Law. The parties herein agree that this contract shall be anforceabl*, 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. PACE i • #-a4 0 7 PM i? PF.P;~D1dkE;E:, - :~li kLl~ 0 01 Ii I . i , 6. sUccessor an assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. I Executed in triplicate this, 'Q~day of 19s. OWNER CW rer./!)1 AL YrM O5 I aC , coNTnncTOR Jul WA7 By BY: i i CIZOFD , TEXAS BY ER ATT EST: I I E ALT CITY SECRETARY APPROVED AS TO LEGAL FORS: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i • , 3 `i PAGE 9 'r*Y►",.'...--..,~y,y ' N • • 08/24/94 08: S8 a CENTENNIAL HOMES CITY OF DENTON F6002!008 EXHIBIT *A' PROPOSAL TO: Centennlat Homes, Inc. Delos, Taxes 5757 Alpha Road, Suite 700 July 1004 Dallas, Texas 75240 Aftntbn: Don Allen FOR: UTILITY IMPROVEMENTS Fop SOUTHRIDOE ESTATES, PHASE I Pursuant to the foregoing ' NoUm to 4141ders', the undersigned bklde, having thoroughly examined the C;oMr s Documents, i4ldudknq plans, specMaUorn, the site of the projwl and understanding the amount of work to be done and the pre MWV owalons, hereby proposes to do all of the work, tumis, all labor, equipment, and material, except as specified to be fumished by the Owner, which is neoesa" to fully complete the project and subject to the inspection and approval of the Clay, and binds hlmW upon acceptance of this Proposal to execute a Contract and furnish bopds av may be required by the Contract Documents fa the peAaming and completing of satid work. Contractor proposes to do the work within the time ststed and for the following sunlso (Fumish and Instal, Including all appSntenant work, complete In place, the following Items: ESTIMATED Ofi%AIPTION AND UNIT PRICE UNIT TOTAL ITCH NQ- QUANTI IN V"D E= AMOUN A. SANITARY SEWER 1. 318 LF V O" PVC Pipe k►dudlng trernbedment, batUdB and Dollars and ~uave~n _ Cents Pe $JAZ 53,011.44 f&W LF 2. 3210 LF 8' Dia}rneter PVC pipe ktdud{ V VarxJ,i, embedment, ba" and Dollars and Co ft Per LF 6 10.44! $ MA" j r 3. 16 EA 4' =W m ca Pat EA S 1,190,m S 17-M. trasa,o,.cca P-11 r', ~ s •:'r s C.4. .v s ~ ~l }mss ? Y - Gr-, I I 1 08/24/81 0867 Q CENTENNIAL HOXES CITY OF DENTON W003/008 4r 3 EA d CWWOUt 1Wbypdrad_ Ook.aMd t1~ CW is Per EA a ~.oa $ asa.~n 5. 4 to COnnvq to exleft manhole fin hundred lltN Dolan and no ' Cwftt Per EA a ~p,QQ ; Z,mQ,pp 6. t EA Cwtl d menlwle ow **ft wfe 1Jltit>~rtb[ Dolan~~ no Gn1t Per EA $1JKM ;1MX 7, 55 EA 4' " terf!ioe „pysd ? ninety Aym Doom and no Cent Per EA $ 22M $ 18,119 , S. 1 EA 5~diam'tN drop menlwie j Dow i and i no Cwt Per EA a LMM s I.VS.M 81 3= LF Enowaf m on" and support 1 sysw" ft"4ft "wow" W* ~larft for vow" owr Aw $ tat in esptlf aotL+.. Domm and I Cwa Per S IM $ r 10. Lump Sum mowWo Pindr6d Ott and Gnb Per Ls a 1.6" a 1,9pQ,QQ 11. 570 SY one $60 oondete blk*N W!kt dhe Dolan wW n Gott PW BY ! s m s aLv m • SECTION A - SANITARY SEWER TOTAL $121,121 h, ,agttlpl.ODt1 P•2 1 II L f f ! 1 I ~A~ I q 4 ! rtif .*.r'+.-wrr~.~rs*.a+-w•. ^,~rw~y;*...., t + d b'.:1~f,'~'~ ;k'Y. A l~, • • 08/24/84 06:57 CENTENNIAL HOMES CITY OF DESTOS t004/008 r r B. WATER 1. 1290 LF e' Dlkmew PVC pipe Indudhg trenot~, Mttklge, embedment, b*Wk l and oompaotlon 64~ - DoNam and witAnd came Per s IL s ls,nom 2. 2045 LF 8' Die TWW PVC pipe hdud'Ir1Q bore, Iranoh, MttkW, emt Womw7t, ba&MN and r wmp4w:wm Aim Dollm and rift Corm Per LF a $ ' 3. 8 EA a' Oa 1 valve Mur hundred Mw DoWm and A~____. Cerna Per EA a ~ a Z,~Q,m 4. 7 Eat 8' 13atil valve thraa hundred tOMAIvA 0014n and Cent Per EA a 32LM a =LW 5. 5 EA 2' BtoywoM valve four hundr6d tlff~ Dof m and Cum Per EA a 4W e. 5 EA Standyd ke hydrant IndudkV valve, Nne, and *VmW t>Q~ Cum Par EA a 1,1m.00 t S,~OQ,QQ 7. 56 EA 1' al doffwW earvioa wM meter 1~Llfl 4ijag pil somm DoUn and rt corm Per a >;IIlZ,GQ a 19.Od6.0a EA a. 1 EA C w*i:t to a O&V wel tap (tap WS) • w. 00"n and M-- Cant Per EA a 3li4s7~ a ~p,pQ 9. 1 Ls Dw%4, and materials "Jng coft fw Ls s 1.iAQ~QQ s Lisp a3rntot.czo P-3 f ow. N • • 08/24/94 08:57 v CENTENNIAL HOSES CITY OF DENTON fm005i008 10. 198 SY One sack awwoto backU ' w a ~km Dogm and no Cant Per BY i 1UMM i SSaTIOM 9 - WATER TOTAL S A C. STORM SEWER 1. 932 LF 18' Dlaglatw Class III R.C.P., krcludN trench, ambidrnent, backllN Ond oompaodw WM* W Cwt PM LF $ 2= i 18,QZ3,flQ 2. 55 LF 24' DIa pow Clam III R.C.P., bat4AIN A trench, embodmwit, . nd COmpaCllOrf ~lY Dokm and ~I[bc CwKs Par LF S 28,,3l~ 61 .,SQ j 3. 175 LF 27' D*-*w C m III R.C.P., Mdud" trw wnbo*m" be" mt! oor owWn _ i k f Ockm and widy cw,t Pw LF :3Q„ 84 S Lmm 4. 220 LF 48' Dkwpow Clans III R.C.P., MdudkM I►anch, wnbed im baoldlN raid compaddw tewnty raven Dollars and lli~L_~-Cwrts Pw LF i MW i 2,81= 5. 2 EA 8' Curb Hint 2flaan hundred Dollars and IID Cwib Pow EA S l.W,pp S U= 8. 3 EA 8- Curb NM 900 huedrad sslpq~ Domm and OtL_ Cent Pw E4 $ 1,$f pQ S U..V QQ • 7. 1 EA 10' Curb Wo Ockm and Ait_ Cant Pw EA S LM A S S.SSp,QQ 8. 1 EA 12' Curkk Inlet Injbgkgao • no C CFA s 2.QlO.OQ i 2,4lO,m • • WiitlOLtbi P-4 • • 08/21/94 08:57 t3 CEN'TENN'IAL HO.HES CITY OF DENTON 10006/006 w r 9. 2 EA 5' x 4' Junedw Box \ twenty No hundred OONan and no'T Cant>w Par EA a Li" f LAOp,pp 10, 1 EA 5' x Drop inief b hundred Dokra and no^ ` Cw a Per EA s 1.6M.00 s LjQQM 11, 1 EA 27' Tj"'B' Na -I opt =m" t&Wft ONIM and no-. Cwt Per EA s .1 QMM $ 1== 12. f EA 48' Type 't3' headwd fourtawt b4t]i O joi ty Dokrt and ric Cerft Par EA a 1.440M s 1.440M 13. 25 LF 5' WHfa rakltorced oonaete Nun" W C ft and DOOM ' w+ta Par a 19.ffi. $498, r LF 14. 950 CY C;Indwto-drdn Ooikln and , m Cents Pw cir a 1.6Q $1,425.00 16. 1,391 LF ExOe Oon Wily and wppoM r to* pwo fcw o vwld a owr Aw hat f5 do* m Damn and r fl"W CW t Per LF a O.rSQ a 18. 35 3Y 12' Dklrtlelw rock *W cwt Pa sv s ~,pQ s 2m,o4 17. 1 L5 Dats~ty and mawws 1•atirq _ faxI-Au k& ESL Doom and no , cw fa Per Ls s =a s Z= 250 LF Erosion Control Owioaa • f►Ln _ DoNw and Cents Pw LF t ~,pp a Z= 3 e>r+not,Caa P•5 s....,. ..1Nfilttlllr► Jp r t l.: C i 1 91 s 114. ~ .....Ye..`-.......~.-.•1N.+~z«~wiY~iM.-.. -.w+ +;d 4s~..~ ~t r~~ ~j iL .i. M' i'9+q 1 ~1~iATK • 08/24/94 DO: 58 CENTENNIAL HOMES CITY OF DENTON [g007/008 j 19. 180 SY One oonaeb baoW Dopara and t _ Cwtts Per SY S SQ.QL s 12,424.00 SECTION 0 • STORM SEWER TOTAL S 8,~ ' D. MISCELLANEOUS t. 920 LF Install 4' Sdsdula 40 PVC ' oondult Dollars and p vs Cants Per LF s LN $ 6.474.00 SECTION 0 • MISCELLANEOUS TOTAL S L!9I,OQ E. BONDS 1. 1 LS Paymagt and pwfw~ bonds fivsTDollar and no Cents Per LS $ Luz s s.oQQ.00 2. 1 L8 Mslnterlanoe sww ' Dollars and no Cents Per LS s gm s QAQ 4ECTION E • BONDS TOTAL s L g" ~ ll 1 TOTAL SECTION 'A' s 121.431.2 TOTAL OECTION '8' s -00" L TOTAL (SECTION V s a3m4 gl TOTAL SECTION 'D' s 9.471,00 TOTAL !SECTION 'E' s s.ma.m TOTAL AMOUNT 910 s 115.cmdLm SECTIONS A-E r Total tanglbie pwarmW property $ 150,000,00. (materials OW will be Inoorpr ' tied lMo ow prood): Total all other dwpea for pr*& ; WfaH01.003 P~ h."._ .ay ,._..a~}.. ...w.•_.....--...MA'^...... . rtl i '5ow %rS 3Q j' ' i s i ' i 08/2J/9J 08:58 f1 CEhS `?NtAL BORES CITY or DEN'70N X008/008 i i r The underaigrrsd agrees to complete the work by these Cornract Docum ft M ttte fdiowN numbs( days for UOtles. . Calerider days for ConsmiWon Whhin Ave (5) days after reoslpt of No(ioe of Aereptamos of this Sid, the umdwWgnsd wiA execute the formal contract and vAN d" an approved surety bond and proof of Insures= for the fa thU psrforrmanos of thle oorltrsct. F;l"p ful subrnUtad, a 04mpany: My B Addres3: 6f6 NOM KUN Avenue (SiorwUrs)) f iawlsi. in" ZSN C/,r✓~E~ /s~' 1:11 me: `214! M" Name) i f Date: `J%Y` Oontect: Oliver H. Murray I (We) admowledgs raosipt or the folkm* p addenda: Addendum No. 1 Date AeoOved: Addendum No. 2 gate Received: f, i tr~atoF,ooa '•7 1 ~ .....i.~..,~....~.:..,.__......__._.. c,~'~N'X",,i';.;}~,`~,~,i;t~~nlf~;i~, ~,'~~~~~`~~,,!K'" `1 ~.*Y'i~A',~,'fi~$'I`c'~A~2'~'~'~1;,"~'•~ ~ • AAA019DE BM NO. 5784267 PROJECT NO. CONTRACT N0. PERFORMANCE BOND THE STATE OF T4XAS S KNOW ALL Xw BY THESE PRESENTS: COUNTY Or DENTON S That Murray Construction COMA"Ya of Denton County, Texas, hereinafter called Principal and eco insurance C an a Corporation organi:sd under the laws of the State of Texas and authorised to do business in the state of Texas, here na er ntoon/ called "Surety", are held and firmly bound unto the city of po TO"S Texas, a Municipal Corporation, in Denton County, hereinafter called "City" in the penal sum of Two hundred ninety h~ndree fnrtt cix and fog+v six cents(S2as•~ five thou -1 i I Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by those presentst THE condition of this obligation is each that: WHEREAS, the Principal entered into a certain contract with owner, dated 10th the day of t , 1994 , in the proper partormance of which th'sAu;y of lemon, ucas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Utility improvements for Southri Estates Phas t i • NOW, THERErORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the j M • undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, speaiiications, and contract Documents during the original tarn thereof, and any thereof which may be granted, with ov without notice to the surety, PAGE ONE ♦ i I~I d > i and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and bring hereby all ce modifications bemade, noti of which modifications Ctotthe surety hereafter waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said surety, for •talue received, hereby stipulates and agrees that no change, extension of time, alteration or erwork perform" addition to the terms of the contr, or to the thereunder, or the Plans, specifications, accompanyinq the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration addition to thereunder. torus of the Contract, or to the work to be performed, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an criginal, this the 10th - day of _ August , 19 94 PRINCIPAL SURETY Safeco Insurance Company of A~ Murray Construction Company, inc. Agents PCL Insurance Agency 515 North ealy Avenue 206 Elm St., Suite 105 Lewis e, exas 750 7 Lewisville, Texas 75057 BY:/ BYs a .<fcrw ATTORNEY-IN-TACT PAULINB L. LESM ATTEST: j i NOTE: POW OF AT ORNZY TO SAKE Y NCOT'l`89 ATTACKED. DATE OF BOND P PaOE i'WO • MA019DF EK= No. 5784267 PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT r Construction of Denton County, Texas, hereinafter called principal and Safec2 Insurance C an a Corporation organized under the laws of the State of Texas and authorized to do business in the State of Texas, here aft-or called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvement hreferred ninety t fives the attached contract, in the penal sua of Two thousand nine hundred fort six and fort six cents 295,946.46 Dollars, lawful money of the United Stakes, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, adAinistratorn, and successors, jointly and severally. THE Condition of this obligation is such thats • NHEREAS, the principal entered into a certain contract with owner, dated the 14t21~. day of Auanst , 19 94 , in the proper performance o which the Ci yt of oent6n, exas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction oft • Utility improvements for Southridge Estates, Phase 1 • • i IIJ PAGE ONE WERKINK LMAKMMSAMM~Mlm i • • ! i NON, THERErORz, if the Principal shall well, truly, and faithfully cause to be performed its duties and oaks or cause Contractor to aake prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and for in said material in the duly authorized pmodifi ation of said contract and any Prosecution Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Provided farther, that if otherwise any legal action be filed upon this effect. venue sha11 lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawinqs, etc., accompanying the sage r shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN NITNESS IiHIM70 this instrument is executed in triplicate, each one of which shall be desmed an original, this the , loth day of August , 19 94 PRINCIPAL SDRMCPY MFCofSSt.rLCtion Gomattnv.. inc. Cafarn less ,r nrn CmanY ~ b**+n+ 5 NaYorth Keay Avenue Agents KL insurance Agency j lewisv , Texas 75057 2% Elm St., Suite 105 Lewisville, Texas 75057 BYt ATTORNZY-IN-TACT PAUUM L. U= ATTEST 2 SM'i ~ l Gyir+ 7~-~G'L7~L . AWARY • NOTES DATE OF PAYMM BOND MUST NOT Bz PRIOR TO DATE Or CONTRACT. i • • • 1 PAGE T100 yt~ e. ~ 5 ,q yr r i t • AAA019DF PROJECT NO. CONTRACT NO. 80{9p NO. 5764267 CONTRACIORPS MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S MON ALL MEN BY THESE PRESENTS= COUNTY Or DENTON S That of Denton County, Texas, hereinafter called principal and Safeco Insurance Coppany of America Texas- a corporation organized under the laws of the State of hor and authorized t are ohooldiandsfirin the mly bound unto State the City ofeDenton# called "Surety", ration, in Denton County, Texas hereinafter Texas, a Municipal Corpo ~ ~ E 'ITCUSAND, Fi~vE HUNDRED called "City" in the renal sus of (529594.65------ 1 NIiJ>;TY FWR AND 65/100_) Dollars, lawful coney of the United States, the said sus being ten hereinafter mention percent (1 of the total of which susfwelle and truly to be made We contract, for or the Payment bind ' ourselves, our heir, executors, administrators, and successor, jointly and severally. • THE Condition of this obligation is such that: WHEREAS, the principal entered into a cartai1g9o4ntract with 0 in owner, dated the 10th day of - A t proper performance o~whiah the atzyl ° Denton, Texas, has an interest, a copy of which is hereto attached and made a part hero!, • for the construction of: • • Ititity inaroveiaent f~hridoe E « Phase : _ PAGE ONE s • I NON, THEREFORE, if the Principal shall well, truly, and faithfully saintain and keep in good repair the from ttracted of be done and performed for a period of one (i) year acceptance in writing by the City of Denton and do all necessary r work and repair of any defective conditions growing out of arising from the improper breaaking, cracking including, but not other defective limited to, any settling, condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other clause or cco tttiiinch, known or unknown, at any time during the period this bond, the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City say 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 say be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have be to exhausted, and it is further understood that the obliga , maintain riod, and ithesase Mall nottbe ohenged9 diminished, ortin any pe manner affected free any cause during said time. r-..OVIOED, further, that if any legal action be filed on this E bond, venue shall lie in Denton County. IN WITNESS WHXRBOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 10th diy l of August ' 19 94 it • PRINCIPAL SURETY q M%ve ction Company. Inc. L nsu ance ency y venue Ela St „ Suite 105 L xa05 LeMis it e, 7 15057 BY: N+ ✓ • • N- PAULM L. LE'SC71 PAGE TWO IL M!sALmsfiL~~M-MLMLM-MUmLmlsM • i II tiO 6 DATE OF BOND MOM POwr TTPR 0 TO DATE R MUST ~A~ ATTACHED, KUST ATTEST: i { i t f PACE TREE! ~ ~ . .....r..........~wri+.`r.-M~YM'S... ..y... ( r 3~' Spa v • el{1'~'0UK~F~~~}~..I~~~~i~1t 1 IMPORTANT NOTICE To obtain information or make a complaints You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 I You may write the Texas Department of Insurance: i i P. 0. Box 149104 Austin, TX 78714-9104 FAX 0(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning yoar premium or about a claim 1 you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. i ATTACH THIS NOTICE TO YOUR POLICY: This not Ace is for information only and does not become a part or condition of the attached document. r t • 0 i • 7 f 1 ~ u exX@~ t~V(a;~~ r ¢G~ ~ LA ~ }t y ~L tt ~ 0 ri na+.++w+wwr.Y k a 'ark r IA, 0' 7712W 1 0 ~ ® POWER 6A10aC0 INSURAMN COMPANY OF AMERICA OF ATTORNEY 00448 WOO 4HtCO PLUA ® AAtTM wAININCVON MIN Ns 9021 KNOW ALL BY THESE PRESENTS: Thet SAPECO MURANO COMPANY OF AMERICA, a Washt gton oapcad x% doss hereby appoint """"""""""PAULINE L, LEECH; CLEM F. LESCH; DON E,CORNELL, Lewlsvllls, Texas"XXXXXXXXXXXXXXXXX I Its true and fawfUl attornayW-In-fact, with 1UH authority to exeaua an behelf of ft ompovy fldaHy and suety bands or uelortsithp and other doolannts of s sMWIr chraw Wowed by the Compaq N the course of ft business, and to bind SAPECO INSURANCE COMPANY OF AMiNCA thereby a fully ar If such knstrumanU had bean duly executed by Its repnArly eteoted offkws at Its have offkxA IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY Of AMERICA hes executed and attested does presnts 2NO 20th day of December f9 93 1 CERTIFICATE Extract from the By-Lows of SAfECO INSURANCE COMPANY OF AMERICA. 'Article V, Section 13. - FIDELITY AND SURETY .3MS the president, arty Vkce President, the Secretary, and sty Assistant Vie President sq)pointodl for the Purpose by the officer In charge at fusty operstlom shall *sob hove aufherlty to oppokd lnrFviduols as attorneys-in-foot or under other approprlaw tides with authority to execute on behalf of the ompany fldellty and surety bonds ad cower dootanants of sknUa Oversaw Issued by the Compaq in the course of Its businea On ny losb u neI makkg or eWdw*N such appointment, the sVmuros my be efflxed by facshnile. On any ImMunant confrrkg suoh author" or on any bond or undrtakkg of the company, the eeal, or a facowle thereof, my be knprassed or coxed or In any otter nwowr reprodw»4 provided lowwr, drat the seal shall not be nooessry to the validity of any such Instrumem or vxWUkkp.' Extract from a R"WUtlon of the Bard of Dkeotws of SMCO INBURANCE COMPANY OF AMERICA adopted My 20, 1970. 00n any c rdflosts executed by the Secretary or an ashtsm secretary of the Company satfkg out U) The proWslorns of Article V, Seotlon 13 of the By-Laws, end , 00 A copy of the power-of-smorney oppowon*nt executed pursuant thereto, and On) Crtlfyig thef sold power-of-attorney sWW ti w I is in full force end off*" the slpnaturs of the aerdfykg officer my be by fasknile, and the sal of 144 Company my be a faoemde thereof! I • I, R A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby oertify the the foreyobq sxtrom of the By-Laws and of a RasokAkxn of the 0oard of Dkeotors of MIS corporelon, and of a Power of Attorney Issued pursuant thereto, are true and correot, and the both the ey-Lows, the Aesolution red the Power of Attorney we still In full force and affect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the laslmile seal of sold oorpaatlon i thu 10th day of August 19 94 • ~ 0 0 I . i 6.13001610 111J I1614tad IrslwearIt N 6A106C0 CarWMIW .............._v:..e.u III • r WILLIS CORROO N FAX TRANSMISSION Dos; -to: law J ' fC+s'TM'~ vim` low" Dww" com Phorw; 0107 S'Gle - ~ 3 j.3 TWO t"r. WA" IiI From; ca. ~ aMr nawwoo I" li4dsst663 ph": 6F Numbs of PWS IW O" OOVIr; i 8ubj~otlAsHnno~: ~?IzQ ~ I c y'YLs.~a.a. ~ AAAIJ4 ,W.. yYa -~/~s8 i ,~.,__.........a..., ....,........,+.-:...~..r.,....1.s.._i,.w,•w~.~µ~ ........,,,~'NM'. ~y,~ 1, # ~ i ~?!1 PjV'1 ''`~~nn~4'"Q1 'Y • • ' I . E iaiii~ur 00TIFICATE OF INSURANCE 'slue VAIN I ,AOIwo1N z C-. d r W11111 Corroon Corvorltlon of Texts 57': THIS CEMIIFICATI I ISSUED AS A MOO OF INFORMAT N ONLY !NO CONFEAS NO MIGHT$ UPON THE CERTIFICATI 4OLbgR. THIS C6111i '.NO 1420 L/J Fraway I! DOES 40T AMEND, IXTIND OR ALTER THE COVERAGE AFFOFI 6Y THE Suits 1440 (POLICIES BELOW, LlnOeln 041 n COMPANIES AFFORDING COVERAGE DI!141 Tx 76244-2062 (214) $86-0104 c wr{" A Valley Fa ;a lnWraneo Cemplny ' Conbel Joyoe MaynoldIi f4ilIRM6-•"___.-._---- Royel Indemi Company Moto Cenotruttloo Co" rno Te.Oe Worker) CompeAlallon lh#Yrin/0 fund Y 3419 FM 341 C Wylie TA 74011 „ev F. covlalAarl •H i r! -O CIRT,FY 'HAT TWO POLIC169 OF INOW11 O L 8.90 IIELOW HAVI (SIN 161J40 TO THI INOUpGO NAMBD ABOYI POP THE PO:ICY li NDI CEO C ATE0, NO TWi-HIT AN DING AN+ AEOUINGMINT. '1044 OR CONDI'fON OF ANY CONTRACT OR OTHIM 000i W11F' RISPICT TO WMICW `-11 /R'IP'CA'E MAY SB ($SUED OR MAY PIRTAIN, 11 INIURAN-11 APPOnJQO BY THI Iii PRICATS10 HERIW if 6UOJICr TO AL'- TON TERM$ f EXCt'J/'ONO ANO CONO'TION! OF SLCH P ,91LICIBB. LIMITS SMOWN MAY NA YB 611N Pr OUCED By RAO CLAIM6. LTA typo OF I011.011ANC! FOLIOY Ni FOi IFP1011Ye 'i ,OLIOY /XPMAtbO 6FOn'1 OAteAair.' DA111AA."ODrrrl OMIAM LIAeLRr /fwtlx u:AtsAn + 2 4D0 OOl --L- AAU1ut•~•_aFF~e, All + : o00 oeo I .~L kl VAC! iGC.A-•.J~L•. tX rf!s:rA, 1 aDr N'7Ar + 1.QD0,000 A ONNOJ d Fl;r)A1 Fps' A111787110 OS-fJOV 100400-NOV }Bflila A I~ 1,060:000 j 100,000 ANOAroWLM4RITY 'Alt rr N io-4,11 NI+ 1 taaaNto vrclf t 11000,000 _ al: nm~tt a,".d YJU4r.41UF• t A _X HIAtD dvTCS 6UA7117B7807 p3-NOV--1404,0!-NOV-lose ~d:c'' Iw,':'A' t I /A~/lAtr pol aCt 1 IlOOea LIA1111Y IA(F )tCLAAEMt t _._~~IQ~Y ~I X`' Ama ':FA, y W P' 14200036 02-NOV-100403-NOV-toss A1301041~TM fug 9,000,000 vw ~qA4 '10011m '1 7", weexeR'fooRMlNUtmN s•Ar4rC<' I~u-_±rs C AND T/P101721-02 t/-JUN-7404 11°JUN-1095 IA,a p vi I00,000f ` eR1►LOnpruAllrty Cntast r^ ,'Ar t 600,000 If F-r orHAN 1itU[ t1tairar.pru + 600,000 I J~If10RI►TbN OF OpQAT10NeIL00Ai1-NIOL4elepfelAL rtfMf _ ~~^r-'~ { THIS CERTIFICATE MAY 6E RELIEC P ON UNLS' I£ HE OFACRI PT I;N C' I~ C'PERATSON3 ATTACHHENT sTgF:RRE7 F'PAF CERTIFICAIRHOL61N • CANCFLLYtION 10 day4 for nor0aymfnl ~ • 3-1)'d,ZI _..E 46i111 :IICp 13ED Fem. SD SE PFc~-iF'At ~ E.Ye PAT ^ - 'A'S T.QPQOr, ''AE 9!'J'NO OOL'~A\I d'l fri'r.vpq `0 MAIL 30nAr'1 'W41T76NNOT'Cl 10 THE CIRT'.RICATBN01.040 NAWO 713" II ally 01 Donlon LIEr T, BU- PA16',)gi TO MAIL OUCH NOTICE SHALL 141100411 NO OBLIO&TtON 00 I 901^6 10.01 It. LIAR 1. FIT 00 ANY LINO VPO 1-HA COMPANY, I AOBN 6 OR M~MISPNTATIVIA, Donlon Tx 78201 Auao At ACQAT! 1!8/1 fit603 ;~A1tGMCI CdMO~ATNk{ tll0 I j ;~r g~.r1 ~ ir: ,,~T ~Sy ,:~~tft ~{It r~ a•h~, U j, JjLy 1 i i 9 ' vY'll J"11yi v/\ .v V\vM\1i V\ • • • .Yy+ .-I ' r ~ wauf f' 'i ~ ( 1 CrM'n'{ NMM eery iuMiCO~YYi gl > '~M, A, pl~,e,'i Z 1 QC' y A ' ea0 Cato 17 7 5 T R1TN AA s ~LOs SNIM CENT 1E ~p~ RRT~K.A Willis Caraan CNperatlen of Texas 1 0 $420 L04 Preeway, 0011 NCT AMEND. IX 11ND OR ILTEfI TfN COV111A0E AIPONDE0 1Y THE Suite 1100 POLIC111 KLOW. „T . f< lineal" Centro 11 COMPAMIS APPORDN G COVERAGE Dallas TX 76240-2667, - - ' ' _ ca ws 12141 766-6600 A valley fap Inewaney DamPs"y Contact MNfli : Joy1p^ 0e PleynollF C PaNN S ReyN Indemnity caln/a"y Me$$ Co+niruatlen Co., inc. Wwroo Taxes Workers Camrana4Nen Ilnuranoo fund ¢n 4486 PlII 641 C ' Wylie TX 76oe6 <fihopv D ItiF° E ^ %^In 1 ;.,i l IY 7777,77 ! `'ft j r i•' 77-' THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY SE RUED UPON ONLY M' M1 OtRTIPWATE ' REFER= TO HIM 10 TATTA9W RE 0, E Certificate molder r City o: Denton i Rot dater and sanitary easier :netailation Oaea Bonita Incorporated Addition i,ot 21 Block 1 I DruLox, Toxxa l~ l City of Denton is named as additional !^aured with respect to the general liability and auto liability ccvoraosa, i s 4 t is 2 t • N'IW +aLY+Mw••IV... ~J jib 1 ~ i WILLIS CORROON FAX TRANSMISSION Dow: cr~erw~ .l 3 To., 7~i•~r~iA~.2 Two j Conany; T" Uwas coon Phow: suo W ►r.wri trot, ~d l "J 3 b'.~ - 7 73-. s.w Moo D" TX IWO-= From: 9w (A. '1r vhal 33"U."" Photo: n'• bd y ? Numbs of papas inGUOlnq oovar: j oubJaoVR~fa►anoo: m~'.lG C~^'~"~~''` WA. 0 4.►.d.~~ Clam.- r~'a d;6 d4 1 ~ yya -~~s8 1 Y y ,1.;irt r { i A/f. IIps•';M`i4~~},~~.}'~'f TR;"< .~~tiftk I I~^~y'. Of, • • CERTIFICATE OF INSURANCE ~IWDATI A` - PAOtluo1A 2 -r C-.~~; "111 Corroon Cofporn!on of TOX11 577 THIS CHATIFICAT9 1 1 5 33 Al A MA TIR OF INFORMATION ONLY AND 6420 LlJ Freeway CONFHRE NO 419HT9 UPON tNH CIRTffICATi NOIbM. TN!I CERTIF1t ATP 0011 NOT AMEND, WOND OR ALTER TNl COVI"Q9 AFFORDED 9Y TMI Sulb 1400 POLICIES /BLOW. Lincoln Contra n COMPANIES WORDING COVUAGE 011141 Tx 76240-2ee2 1214) 3815 -1800 veA,A A Valley Paige lnavfan0l Company Contact : Joyce Reynold{ . f Ari IM/f-' _ - ,,:k^Y• B Royal 16dom Mity Come"V Man Conltruotion Co.. tar, - - - l Ar•A'.- Texas Wor an CompanceNon Insurance Pund ' 7456 FM 144 C Wylie Tx 75UIE - W.------ - COV111Atk+9~ 'H'B+9 "0 CIIITIPY 'MAT TN! POLICI46 OF IN/URAI,• i ; 11iU IIEl OW HAVE /flN189,3D TO T-#9INSUR6D NA VED ASOV! PCA TKE P0.ICY NJ n`ot) NDICAT4D, 40T WI"HITANDINO ANr RIOUTA4V6N' TIPV OR CON:VION OF AN'' CONTRACT OR OTIYIR DOCL'MINT WI•H RIIPICT TO A$-ICw •4)'6' 0!R'IA'CA`E VAY 11114UIID 04 NAY PERTAIN, INJURANC/ eFPO4040 IY TRI POLICE// 018CRIS D 4111%04:8 SUNJECT TO AL. TPII TIRfJS ! 4XCti'JI'ONI AND COND+71041 0R 0L_ P LIC •1NIT11HOWN AIA S' NAVE SEEN R4DUCID 1Y PAID CLAIMI, 00 ~..Q.__::_.- #lKN UR iM OP WIYAAR/I POLICY If UMOIR 940OV1PNOTIYI'POLICY EAPMAtk I DA'I,tia•Ca ' DATE tAAIpO/r r, LAMn1 ~ OWIAAL LIAIAJIY av,tall A 'gieTi f 2 000,00f X '~YVtA: Ar +{'A•Ie~ ! AI , ~ rraou:'r 7anoP cis I lQOO"OQO -u.,rt Yaet Ke.a rt!l~we_l +Cr, u,yA'--_ ~~QQp_00~ A ~CnIPI i PA;'pAt rope A1117I7610 01-NOV-191403-NOV-11191e:nLLftMCI +1 1,0000001 I ;f.A! 7ANAC! IA.i lrP b,ll f 1Q0000. i ' LIM0.1YY' vl0. IL Nf 1. - N { 10.000 AU101AO11L1 x .0 tY' e, t, ~DIMI'HI4 1~AilS I 1,000,000 I J'JIU 44P' ,,,.1f fCHC.IfP 15';1 nv 11rgk { A _ X aA1D wr,1 OURIt1707107 03-NO1'-1994,03"Nov-1/!/~ X NCNOANTA A~'C. I:D IN IIMr f 10PAIR 1-64 All IAOeFAt, pA6'{iF ..1 IAdace LIPILIIY 9 r!f rMMtte •7AA' ANNI000p6 tb-_)CCS'AAEMt t ____~e.Q.QQ,Q QQ 03-NOV-1994108-NOV-1916 AIfA1eut000 000 _ i aP1A TyA~ '.Half l4 IC•P 'A'S~~+','~~,- ->•1 WOAMM'/OOAMIMIATItlN It4t UtrP1 uM~ C AND T.Sf101721-02 16-JUN-1904 ti-JUN-1905 IA4A(t0lti' I500,000 j eAYPLOMeruPALO" Smetrvpu:• OM i~ 106,000 eTn{a _ oIIAH-tAC~ or t oia0RMTMR OPOgAaf10N1A.0OAY10NUYINICllItMfD~iAL ~YIMj - - j TATS C$RTIFTCATE AAV BE RELIE^ !'PON ONLY IF :NE DOACRIPTION ^F I! iCPERATIONO ATTACHME'N". RE'FERREn H£?$'!; g A;;yrr FpF ~ CIRTIFICATI(NOWEIt ° • CANCCLLAIION 10 days !Ice noopaymin, . 8-pL'.> • C- _E ARC'.I OliCn~pEO PC. C 61 5E _a-.r.C_ ftl ~f-r 4c •141 IBPPAT^'. IA-= 1.41MOOi, -He $IVVD -O-,1PAN1 rWIL FW,7:,,0R "n ' raAIL 70 DAY$ 1V11TT6NNQT,C1 to THE C111TIfICA*k HOLD0 NAVVD TO THI City of o0ntan LEKT, A'J' FAILU46 TC MAN. W N NOTICI I~ALL'Wool NO 0/LIDATION OR . 901-0 ToP 11 It, IJAIUIV 04 ANY AiN2 VP0 TMA COIAPANY, I A" I OR R/RRIMNT►tIV/S Dlnlon Tx 79201 -Tiir'RD rar i ' I . • 7 ,A r ' } r, . Z ; LIAiy j, '3R• 1. , '+!~.y~,1 , ,(,.'~St s 5'~1,1`A" l gin I j l i r i u,.....t..,«m`~.~eui`~'iL.°:w7s..'.fa_f~..a s~2uY ..Y.....~_.... WLLLIf ai ! ' aS ~x° I••Ya end lAWOGYr! 21 Willie Come" CwWatlom of Tema ??g C t N AflldlttllUl TlIE TE X: 6410 LeJ k"way 0013 NOT AIAV), EXTEND 011 ALT" THL COVEBALIE A"0111 M BY THE Suits 1400 POLICIEI MQ%d. unsold Coml. It COMPANIES ArrOmDBYO COYEmA(IE Dallas TX 76240-29e: _ . - 1214) 166-6600 A Valley Fettle In•wena asmpany Crnteet Jsyw Reynolds rcoern !loyal IMemnlty, eompeny v t Moss COMtrYetlen co, Ine. :9t1N ruse WorMera QMIleeR/4NH1 111aY1.n.4 PYlld 1463 FM 644 [ncn C Wylie tx r6o11 CO WAY a •u an E MOON 98 T Fi DEtC~TMON OO OPERAT TONE ATTArCMWNT MAY so mom u~rON ONLY M THE ONTMN1AT! IRM Certifica'e Holder r City of Denton i A*i Hater and Sanitary Sewer Installation Casa Bonita Incorporated Addition Lot 1, Block 1 Denton, Toxar t City of Denton is named as additional insured with respect to the general 3 liability and auto liability coveragse. 6 j , i 1 ,f ! i s r , 1. T ? t~3, • Z'Y ~S t i,4pI r, ~ ar • r MOSS CONSTRUCTION CO~ , INC, (214) 442.0499 UTILITY CONTRACTOR {214) 4424750 IL TO: Vilbis i Associates, Inc. DATE: Decenbe199; j 2720 Steaons lrravay,Suite 400 Dallis, Texas 75207 I We are pleased to submit to you this proposal for construction of the following work: a Description of Wolff: Water and Sanitary Sever Installation Location of Work: Goes Bonita Incorporated Addition Denton,Texas ! i I SEE AITACHKENT l i 1 1rr above Qia1MIM hm bean aeenabd br your oorwwAaw. km vs, ft propory k us it aril pba ba* wah par"* to be mob-on a" mewed glrnllw sword o~gNNd 1rAa prapoaA M bared on M MrAuoMd wNiM I» dldoeYd eYaY, ~Nys, rid u1M~r irwlwnr, I~ TrAa pre+prA M afro baetl on AI wl0nwrlnY eradie and alp erwnM ArdMMd by the Owrw, toerllra Mfr allneaeraay per a Ran b aM, ~+rk. eve a save hWaebdpafAaa r nd i Inapeoeon is b be p/dby the Owrw, TM prop" M bwd on pla ft d arpAra uray oaerraeon cn adJaoaw bb. The Owww Is b pay br any Wah renbf naedrd b am to axpWe uMy asawea4 On er Wt dry or weh nwlM ww+rtw"ba"NW bloludbp r of ft " Fl wwb pw ill of 1n mMaW on hW W he uneealpMMd Palon and sow d er aasrrb Ave a pad ne11Wr iwn M t0~ dy a M» bMowlr ~nF. rMsk aaenMw MwN be puptaed bwrdlWtr ya+ oonrllilon and"be pM H list w" l le) Mn dryi"aoopWlee b y In Coy, nwy +ppr ooraAbrb a b@1am us, j fd we bpoorwkudat MtM W drys of the w*W popery dolls. YFM p ooMraol b md*M barroeealon I a rralarA Emwp m dwAd *am maI to beooate lxrn rRrbbe. ACCEPTED: Moss Cana ctl af Inc. r • Co►aY By:. PrW Nam: Prini Nafne: r.,.l.i, ri i__ it {r Tkic Title: Vice President ! By, • In 6gr*q you you are a dory authorized • spent of 0wner, autloritad to execute this document, and to order Into the agnanents contained hereln. Bank Reference: Data R: WA' MAW + e,.., ,7 ` 4>' ri'` 311 ,VSW r ff~}4 r' t s , i ATTACHMENT 12/f 2/94 Re: Water 8 Sanitary Sewer Installation Casa BmM Iraxporaled • Denton, Texas water Main UMl Quantity Unit Descripton Price Extension 666 LF 8' PVC Water $22.86 =14,988.76 230 LF 8' PVC Water $2020 $1,646.00 1 EA 8' Valves $615.00 $616.00 4 EA 6" Valves $416.00 $1,680.00 3 EA Fire Hydrania $1,126.00 $3,376.00 4 EA 2' Water Service $810.00 $2,440.00 2 EA 1 1/2' Water Service $466,00 :1930.00 1.32 TN Fittings & Siocking $2,375.00 $3,135.00 386 SY Remove & Replace Poring $36.00 $12,776.00 1 EA Connect to main $286.00 $266.00 1 LS Water Test $800,00 $800,00 166 CY i (one) Sack Cement Stabilized Back fill $48,00 $7,920.00 1 LS Trench Safety 5226.00 226.00 Tel Water $53dm?5 Una Quantity Unit Description Price Extension 150 LF 8' PVC Sewer $23,00 $3,450,00 210 LF 6' PVC Sewer $18.80 $3,908.00 4 EA 4' DWnMer Manhole 51,160,00 $4,600.00 3 EA Sewer Services $386,00 $1,156.00 1 LS Sewer Test $1,335.00 $1,336,00 1 LS Trench Safety 5226.00 $226,00 Total Sanitary Sewer $14,671.00 Unit Ouwoky Unit De 211-ion Price Extension 16 LF 18' Clew 3 RCP $86.00 $976.00 1 EA 3'X3' Drop Inlet $1,226,00 51,226,00 2400 SF 4' Concrete Sidewalk $220 $6,280,00 1. EA Connect to Inlet $636,00 5636,00 Total storm Sewer aA18A0 Bond Sft.1IDAD Total Pro}eet: 57f3,49~ 7/ Notes: 1. 10 worldng days to substaNialy complete. 2, Excees ditch excavation to be epread oneae. 3. Owner to fumish Contractor a sales tax exemption certificate. • 4. Exchuelona: a. Lab costs s b. Inspection tees j c. Water Metere f d. Landscaping e. Sprinklers f. Haut off • g. Fence replacement • • h. Additional Mov#4n i. Seeding or Sodding Tres clearing k. CwWrudion SI&MV 6. Ali underground oor f s to be rakxoated by others. Pape 1 r G ~ -...e._r. ................rte...-+!-...-.rw~In...... .y 1 i, . i 'hF f ~'R ,g .v~gv~ I • I • I AAA0110C BOND NO. 5790154 11R4.TxCT 1(o, C'omTbACT XO. .r~_. PXIYCFJ[+uM BOOM TUN STATE 071 Ta" S 7olow ALL MX pY TSM FM=TS: COVII'!Y OF Drmd Y That MO 5S CONSTRUCTION CO., INC. 3455 F.M. 544, Wylie, of Collin County, Tamer hereinafter called Principal and SAFECO INSURkNCE COMPANY OF AMERICA SAFECO Plaza, Seattle, WA 98185 a Corporat OR erg E$4 under the law's Of the State of Washington and authorinod to do business in the State at Texan bet~ti 091144 "sursty" are ?veld and firmly bound unto tha City of Denton, TSMAs A ft nic ipal Corporations in DsMan County Taxasr hereinafter called "City" in the petal sun of Seventy-Eig~it Thousand, Four Hundred Nivet -Ei ht and 75/100 78,498.75------ Doi ara, le mossy of the Vitit" tltatesr for the payment of which cur Yell and truly to be made we bind ourssives, our heirs, executors, adainistratoteur and SmOCessors, jointly attd servsrally, and firmly by those pres,►ntat = Condition of this Obliqation is such tbatt wHMst►s, the Principal onterad into a certain contract with owner, dated 12th the day of . December , 1s_._Q_~ in the toper psrtora nci~at which the city o , , has an terast, a copy of vhiob is harsto attached " as" a part hereof, for the eonetructieet off • Water and Sanitary Sewer Installation, Casa Bonita Incorporated Addition, , Denton, Texas. SCm, ' TS7Dt:MAN, if the Principal shall calif truly, and faithfully cause to be performed and fulfilled all of the • undertakings, Co'7enante, torms, ootxlitions and agroessatm of said • • contract in accordance with tbo Plow Apeelfioations, MW Contract Documents during the original twrll'thereol, and any axtsaeien ther*af which may be granted, with or without notice to the surety. PA•i an -7 771 i J 1 and during tha life of any guaranty roplred under the Ccntraotr and sha11 also well and truly cause to be performed and fulfilled all the covenants, tss7ae and conditions and agreeaemts of any and ■ll authorized modifications at said contract that say hareafter bemade, notice at which modifications to the surety being haxeby waived than this obligation shall be void] ottfarwiss to rwain in full force and affect. PROVIDED, further that if any le al action be filed on this bond, va uo shall lie . y AND, that said surety, for value received, hereby stipulates uul agrees that no ah4n."o extansion of time, alteration or addition to the torso of the contract, or to bra work performed thereunder, or the plans, specifications, Dravinq■, etc., acovmpanying the cam shall in anyvisa affect its obligation an this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed tharaundsr. IN RITMO 1O1wor, this in#truaant is executed in triplicate, each gene* of which shall be deemed an original, this the 13th day of ember , 1994 i •PRTNCIPAL iGR7't'Y j MOSS CONSTRUCTION CO., INC. SAFECO INSURANCE COMPANY OF AMERICA r Byf &AA~ , Bever3y NeIea ATTnsri HMt PONZR OF ATTOXW Of UMWT MT BB ATTACM, DATE OF BOND XV8T NOT st Mon TO om ON CONTRACT. • • PAU rmo 1 t-W..-..._.._....--w--w...-..ya.i.4.... iJ, .,Ai". ..e .Jdr o~ 9ro -{J frir~1~ 1`~N' • • JWI01lD!' BOND NO. 5790154 I ?7tOJIICi' NO, CONTAKM N0. PAO= BOND TU STATE Os TEX&S I COUNTY or DErm S 1T^ MOSS CONSTRUCTION CO., INC. 3455 F.M. 544, Wylie, pf Collin Co47ty, Texas, hereinafter called principal and SAFECO INSURANCE COMPANY OF AMERICA SAFECO Plaza Seattle WA 98185 a Corporation organs under ttie awe o! the State of Waa n ton and authorized to do business in the Ctdte of Texan, hereinafter called "sursty" are hold and firmly bound unto th0 City of Denton, Texas, a Municipal corporation, in Denton County, Texas, hersirAfter called "City", and unto all persons, firms and corporations who may furnish materials for or pei'lorm labor upon the buildings, structures or improvements refarrad to in the attached contract, in the penal nun of SeyentL-Eight Thousand, Four Hundred Ninety-Eight and 751100------------------------- 78,498.75------- ) Dollars, 1aw'fW money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sun well and truly to be made ve bind ourselves, our heirs, executors, administrators, and saaeessors, jointly and severally. THE Condition of this Obligation is such thati MEMMASe the principal entered into a Certain contract With Owner, Gated the 12th day of December r lP 94 in the row perforimme' as W"Ch the city o ors, 'irs m*, has an Interest , a copy of which is herete attached and mada a pant h,sreof, !ar the ca truCtion oft Water and Sanitary Sewer Installation, Casa Bonita Incorporated Addition, Denton, Texas. PAGE arz i NOW* TFXI>i!'ohlip it the srimipei s2sa11 Valle trulye and laithtuly oaure :0 be partornad its dutiee and sake or cause Contractor to sake prospt'pryswtt to all parsons, tires, Gnb- contractors, corporations and claimants supplyiaq labor and material in tea prosecution of the Work provided for in said contract and a and all duly wthorised aedification of said Contract that may hartatter be sod" notice of Which soditioation of the surety to hereby "greasly waived, then this vbiigation shall be voids otherwise to re"in in lull force and effect. Provided furthar, that if any legal aotion be tiled upon this bona, Venus shall lie in Denton Coantyp TWms. 00 MT said. surety for value received hereby stipulates end a~racs that no chorale, extension of tiasp alteration or addition to the terms of the Contract, or to tht work performed tharew4we or the Plans, apecitiaations, Drawings, sto., aeooaipanyL" tee sass shell in anywiss affect its obligation on thin 11oadt said it dote hereby vaive notice of any on" ahaxsge, extension at ties, alteration or addition to the terns of the Contract, or to the work to be performed thereunder. IN w1mas wIMF, this instrument is exeauted in triplicate, saah one or wbicA shall. be does" an original, this the ~rhy day of December 19244 4 f D1RI1lOIP~A,L iVltZ`rY } MOSS CONSTRUCTION CO., INC. SAFECO INSURANCE COMPANY OF AMERICA t OYS I'~-'~f- dYl t~ 4~ ATTUT% Beverly Hayes 00,00, I • NOT:Ci DATZ OY PAY)O•t! DOM 3WST NOT em M= TO D= of CANTSACT. ;F VAQ2 IWO s • _ ~a,?ri~rM1, ' I~57 4 i.Kria tl~r - s gyp: • • w A1A019DY BOND NO. 5790154 PAO.T= 110. CONTILWT NO. CONTRACTOW S MAIRT'L BOND (DEVzUagWT CONMCT) THE 5TATX Or TTXXU S >QfOM hI.L XW By '!'ELSE pRSSE11Tei COUNTY Or DXNTON S That MOSS CONSTRUCTION CO., INC. 3455 F.M. 544, Wylie, of Collin County, Texas, hereinafter called Principal and SAFECO INSURANCE COMPANY OF AMERICA SAFECO Plaza, Seattle, WA 98185 a corporation organised under the laws of the dente of Washington and authorized to do business in the State of T*X L&, her. a sr called "surety", are held and firmly bound unto the City of Dolton, Texas, a hunici a1 Carporation, in Denton County, T") hereinafter called "City" in the ps=j sus of Seven Thousand, Eight Hundred Forty-Nine and 88/100------- tf 7_,849.88-------_-- - ----°i Dollairs, lavfml honey or the tad statans the Yib suss b4inq tan peresnt (304) of the total amount of the bereilaattsr mentioned contract, for the payniant of Which sun Ms11 and truly to be Made Wa bind ourselves, our hairs, oaoutors, administrators, and aucceasore, jointly WA severally. THE Condition of this obligation is such theta • %iMMU, the Principal entered into a certain contract with Omer, dated the 12th spy of December , 19 94 , in the roper perforfance "'ialsiNa the City of Deta Sm s a inWest, a copy of nhioh is hereto •ttaahod W d lade a hereof, tot the construction oft W.rter and Sanitary Sewer Installation, Casa Bonita Incorporated Addition, Denton, Texas. • P>hs>r Oi6>4 • faithfully u6ifttlx ands" LA 10" reefair the vorrklaoattr yaat" to be done and performed for a period of eve (i) year iron the data of acceptance in writing by the city of Denton and do all neeusasy anew and repak of any detractive ooaditiaos q 101 out of or ariainq from the isapes vaele of the same, leeolodngp but net limited to, any IL ling, br'eakinq, araaking ar other daloetive Condition or any of the sor7t orp~t thereot arisinq Iran ~oloa amoavation, bel*fillira, compacting or any otbsr Cause hue oeaditran, known or unknawn, at anY time dur14W tba period of-We bond Which Us city owl asOI whose j t shall be final mm usiw , dateraines to be the it of defective Work, aaterials or labors than this obligation shall be void, otherviso to rem in in ru12 larva and otteot. rn Case the said Principal shall fail to =aintAib, repair or reconstruct aM det.ctiwo oondition or the vofx as determined herein, it is agreed that the City may do said work and supply such maters:la as aw end cheerio the sea agaiast the "JA incipal and lurety an obligation. It is 9=+.h4r agreed that thU obligation shall be a4mtin3ed S. One age at the principal and snrstY and that sYceessive recoveries i yaCnay be had hereon for successive breach" of the oonditio" herein OVidsd until the rail asnant Of tbi,s band shai+< have been oxhausted, and it is farther understood that the obligation to maintain said Work shell oontiaw th"No oat said mintenanos period, and tba $a>re shall not be ahamged, diniaishad, or in any uannor Affeated from any Davos during said time. FRCVI0E0, fvrthor, that it nay Laval action be riled an this bond, venuo Mall lie in rkmaton County, IN WITmuaA fir, this irmtZM011. is eXecuted in t igicata, each one of uhioh shall be domed an original, this the day of December , 19.L4 Px=CIAAL fCN>1R'!f MOSS CONSTRUCTION CO., INC. SAFECO INSURANCE COMPANY OF AMERICA t{1 byg 1 • every ayes • • "s 'l" A! • • r )=so pma 0! A%,rf R1= OF OUR= 11M U ATTAOM. I1ATz or "D MC'd'1! NOT iR PRIOR To mm Of =W=. 4 l i' AT s i poll" XCRZTM l i t 1 r, } i I, 1 • sa4>1 ~t -m"Y MME, A , A e POWER SAFECO INSURANCE COAr'ANY OF AMERICA OF ATTORNEY NOt~~AOFFi~ C0 PLL'AZAAn OF AMERICA MAIM. WASHINOTON Ntes No, 7679 KNOW ALL BY THESE PRESENT'S: That SAFECO INSURANCE COAAPANY Of AAEEMCA and GENERAL INSURANCE COMPANY OF AMEMCA, each a wasnlnpton corporation, does each her m I•pooslm■•ROSEMARY WEAVER; JOHN R. STOCKTON; L. RAY PITTS, JR.; BEVERLY HAYES, Dallas, Texas"' Its true end lawful etlorMy(s)-in-facl, with full authority to oxilwo on its bohof fidelity and Surety bonds or undertakings and o1w docuthonts of a siMlar character issued in the course of its busihosa, and to bnd the rospecllvo Compary therew. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY Of AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each oxocutsd and arrested thou presents INS 261h day of Januar y 19 94 CERTIFICATE Extract frorn the EN-Laws of BAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCIE COMPANY OF AMERICA: 'Article V. Section 13. - FOELRY AND SURETY BURS the Presidoni, any Vice President, Ihe Secretary, and any Aasisfant Vice President appointed for that purpose by the officer In charge of surety operailons, KIWI each have orthOrlly to appoint individuals AS anotneys-In-foci or under other appropriate tiller with authority to execute on behalf of the corttparly fidelity and tursty bonds Ind other dOCUnents of skr,Ilor character Issued by the c"MW In the Course O( Ito bURihoss On airy instrurrwnt MSking Of eWdertUng such SOCOntment, the Signetures mw M affixed by facelnyle. on any Instrunettl conferring such authority or on any bard or undertaking of the company. the seal, of a facsMlis thereof, May be Mpr ssed or affixed M In any other Manner reproduced; prodded, however. that the seal Shell not be ne0ossary to the validly of any such Inslrunent of ~taking.' Extract Iran a Resolution of the Board of Drectas of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMMANY Of AMERICA adopted July 28. 1970, 'on any certificate executed by the Secrotsry or an asststent secretary of the Cartparry tatting W. (1) The provisions of Article V, Section 13 of the By-Laws, and (h) A copy of the power-of-attortey sppoimnient, executed pursuant thereto, and , (Iii) Corllfying that said power -of-ettorMy appolntrhorit Is in full force and ellecl, the signature of the corlifying officer May be by facsMtxlo, and the Sall of the Conpory may be a factiMle thereof " I, R. A. Pierson, Secretary of SAFECO INSURANCE COWANY OF AMERICA and of GENERAL INSURANCE COMPANY Of AMERICA, do hereby cartify that the foregoing extracts of the By-Lows and of a Resdullon of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant lhetel0, re true and correct. and that both the BY-Lows, Ihe AesWution and the Power of 11 Attorney ere still in full force and effect. d IN WITNESS WHEREOF, I have hereunto Sol my hard aM affixed the (OCShtile $eal of seed WIDWIrlors 4d7 INS 13th day of December 19 94 A f S-014061. vas Repetefee 080M 10 Of SAFECO CWWOOsn. ~1 ~)^l~~lWf ci ti • it td i a Nl M V. it ~°~~GOOa~ao~~ L I i 1 Y) t . r z J~• rt..`y~,..Y....~M~w Vr~-rw.}~w~Mrr,~y..t•+,y ,~,~ff~~ + ~ •F V • s 1 .rr.o n:a.....a.YJ?a.KMMTY.'laha4AVSW:.rr+:Y..vwrNiN •.:1PVr..n».~•. r,-rn..~... WOOD" 1 j 1 PRW ECT NO. d j X91 CONTRACT NO. THE STATE OF TEXAS S COUNTY OF DENTON S ' enn~ ,,,~_,,~Kc whereas, ra; hereafter referred to as "Owner," whoa* business address is ! 5-r 517 i is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and 'l whereas, owner wishes to develop the property and such development must be performed in accordance +ith the applicable ordinances of the City of Denton, hereafter referred to as "City"; I Y and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter r referred to as "improvements," are constructed in accordance with 1 3 • 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 rotor to "Ownsr" or "Contractor" shall mean the owner as named above; or r♦l.. r r, ~ .5. 1}Q ~K j{f}h\~~~1~~1Cf~Kt~y71Sf :~I' it ..~{.i • • tl Whereas, the Owner elects to make such improvements hereafter e 6~-' 11 set forth by contracting with j whose business address is 7 v 2 5 1 e n 7&?- r Z, hereafter) referred 0 as "Contractor"; and !1 Whereas, owner and Contractor recognize that the city has an 1 interest in ensuring that :he Improvements subject to this `y 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 WITNESSETH As to the Improvements to be dedicated to the public, as t; specified in Exhibit A, attached hereto and incorporated by f reference, to be installed and constructed at .I ~s ~1 the owner, Contractor and City, in consideration of their mutual promises and covenants contained heroin, agree as followst fff 14 • 1, C,Qy-na is of Contractor. Contractor agrees as follows: (a) To construct and install the ` Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the city's Standard • Texas, • • as amended, and all addandums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 3 _ ,...,y ` A • 1 f specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) &h u of City Erainser• Insgectionm Tests and f Qom. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of + specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City i i Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work • until such tailors it 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 J ' .....r..a~r..r4.v-.I V•L 9fil i I 1 1 • 1 1 (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided trr_~i~ications-for for in Item 1.26 of Division I of the - Public 41 r s Cc Worth Central Texas, as amended, the provisions of which ari expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as 11 used therein, shall mean the city of Denton. J (d) Moans and Methods of Constructio That the means and methods of construction shall be such as Contractor may choosel subject, however, to the city's right to reject any Improvements for which the mean+ or method of construction does not, in the Ilf judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. Ill 2. Mutual Covenants of Owner and Contractor. owner and Contractor mutually agree as follows: (a) Parformance Sondsi Escrow Agreement. That if building permits are to be issued for the development prior to completion I~I and acceptpnce of all improvements that are to be dedicated to the j public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Codes I~ {i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as O determined by the city Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the III City, shall be in favor of the City, and shall be executed by a surety company authorised to do business in the State of Texas; or, li PACE 4 i i 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, deposited determined with a bank by the City Engineer, may escrow agent, pursuant to an escrow agreement ensuring sxwaption,~othe completion fsthe crow magreement s form Without hall be used. (b) Payment Bondr Apsurance of PaYMM1. That prior to acceptance of the Improvements (i) a payment bond will be furnished in an amount not { lose than one hundred percent (1001) of the J approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and # material for the constructAon of the improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is I. $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development, as defined by city's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any parson, firm or corporation having furnished labor, material or both in the construction of the ' Improvements shall be fully paid and satisfied before acceptance of the improvements by the City and that prior to acceptance of the improvements, the owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, { that are to be dedicated to the public. furnish h a complete list Engineer, of a owner f aractor the request of or Contractor all subcontractors who performed labor on, or supplied { PACE 5 i I I I ' I i i JJI I t~ 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) Ratainaaa., F nal Pavments. (This provision (c) applies only where the owner and contractor are not he same party,) That -I as security for the faithful completion of the improvements, Contractor and owner agree that the owner shall ratain 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 I~ all indebtedness connected with the work and all sums of money due for 'labor, mater{als, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Inc gnces. That upon completion and approval or l~ k.4 acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of the improvements, any claim, lien, charge or encumbrance is~ made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim t • lien, charge or encumbrance to be satisfied and released or • • promptly post a bond with the City in the amount of such claim, PACE 6 fI • _ `~N.. .fir' ,2.i.ty nCa`~'~µ}~`Tr,L z "o • r P f` lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lion, charge nr encumbrance. (e) Maintenance 80nd. That prior to approval or aeeep:Ance of the improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that "ppear 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) Tneamnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors) or on account of any negligent act of fault of the I 1 Contractor, his agents, employees or subcontractors in construction • j of the improvements= and shall pay any judgment, with costs, which 7 may be obtained against the City growing out of such injury or damage. • (g) Aarses nt Controlling. That the provision of this • • agreement shall control over any conflicting provision of any t contract between the owner and contractor as to the construction of the Improvements. PAGE 7 .r w y i i • i II • I i i 1 i 1. 0 uRancv one U Develonmants. Owner further agrees as f followsc d (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 $30000,00 as liquidated damages, but such payment shall not be deemed approval of such f occupancy and the City may take whatever action necessary to restrain such occupancy. ~~II (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 I~ this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to i • accept the Improvements. j S. Vanua and GQVernina Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal tt action is necessary in connection therewith, exclusive venue shall I.I lie in Denton county, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of tl4a State of Texas. PAGE 8 • • 1 6. S+aoesso and Assigns, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. !,t/ Executed in triplicate this, ~2 day of <•St 19-L cw, OWNER CONTRACTOR ~a v e t r BYS BY. r: f C4OFD N, TEXAS k B G 3 ATTE ST2 Y 7.j -4 I ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. 4 ~r PAGE 9 3 i A , I II • 1 ,y v : . o.,• ~ ......,r~.eawHrabArwr/arVrrverntY.WK+Nuwnw+nn rw un.e.......,. 1 EXHIBIT 'A' PROPOSAh_ TO: Centennial Homes, Inc. Dallas, Tom 6767 Alpha Road, Suite 700 July, 1964 Dallas, Taxes 76240 Attention: Don Allen FOR: PAVING IMPROVEMENTS FOR SOUTHRIDGE ESTATES, PHASE I Pursuant to the foregoing 'Notice to Bidders', the undrnigned bidder, having thoroughly examined the Contract Doaxnenb, Including plans, speak ations, the site of tte project and understanding the amount of worts to be done and the prevaNing conditlons, tweby proposes to do alt of the work, dumish mA labor, squlpn*M, and material, except n spedAad to be furnished by the Owre►, which is necessary to fully complete the protect and subject to the inspection and approvai of the City, and hinds hkreehf upon acceptance of this Proposal to execute a Cc,htract and furnish bonds as may be required by the Contract Documents for R the perbrming and completing of said work. Contractor proposes to do fie work within ft urns stated and for the folk wing sums: (Furnish and Install, Including all appurtenant work, complete In place, the following items): ESTIMATED DESCRIPTION AND UNIT PRICE UNIT TOTAL. ITEM NO, QUA IN WORDS AMOUNT A. BASE BID • CONCRETE PAVING ` 1, 13,361 BY 6'relnforced ooncrete street pavement with 6' curb h*xirq curb transition at t vrier free nw" Dollars and Cents Per BY S S 2. 14,223 SY Lime stabWred street subgrade preparation (6' thk*nas) DoYars and Cents Per BY $ a 3, 192 TONS Urns Dollars and Cents per TON $ ~q sostot.c~ot P•1A ~ _ ..._......~.__.....,.,`.....-.-...N.r.., 5 ) tR ,.:yr Arr `"i 71}~i)pl s~'y, i • i , I j 4, 62 LF Concrete street header { Dollars and Cents Per LF S $ i 5. 2 EA Street barricade _ Dollars and Cents Per EA S $ 6. 152 LF SawuA, remove and dispose of existing concrete curb and putter Dollars end Cent ParLF S S j 7. 3400 LF Erosion Control Devices Dollars and Ceres Per LF $ $ 8, 62,000 SF (grass parkways Dollars and Cents Per SF $ $ BASE BID SECTION A • PAVING TOTAL $ N/A A. ALTERNATE BID • ASPHALT PAVING ` 1. 10,921 SY 5' asphalt street pavement seven Dopers and & five Cents Per SY $ ZM $ 83.545AS 2, 6484 LF 2' wile concrete curb and gutter $m Dolan and ffijy Carne Per LF $ ZZ S 4&8W. 3. 14,223 SY Ltme stsbpWd street subgrade preparation W thloknm) one Dollars end fihv Certts Per SY $1,64 $ 21-334.1Sg • 4. 192 TONS Lime elahty five Dolan and no Cent per TON S x.00 $16.=,00 5. 62 LF Street header alp! _ Dolan and no Cents Per LF S $.00 $ 668.00 MM101.001 P•2A ' ~ _ - r.....:..+y.._..._.. ~,.~µra.. •'~++s ^~A/ y.11.~~~,1 wilii i~b'gt~n*"1~~~~~ y4F9~*<~~~~~~1~/t~l • • i i i i I 6. 2 EA Street barricade Was hundred Dollars and no Cents Per EA $ 30QS>Q $ 666.66 7. 152 LF Sawcui, remove and dispose of existing concrete curb and gutter five Dollars and no Cents Per LF S 6.QQ $ 7M.00 14 S. 3400 LF Erosion Control Devices two Dollars and no Cents Per LF $ 2.QL $ 6,6oQ,GQ 9. 82,000 SF brass parkways no Dollars end ~mnnr Cents Per $ ,2Q $ ]2400, SF 14 10, 254 SY S' reinforced concrete street 14 pavement (at Intersection returns) twenty nine Dollars and no Cents Per SY $ 2.QQ $ 7-M.QIl 11 r 240 SY B' wide reinforced concrete valley gutter twenty nine Dollars and no Cents Per SY $ am $ lion 12. 498 SY S' reinforced concrete street psvsmert WW Dollars and bno ft" L Carta Per SY S &Zfit $ 11.MAO ALTERNATE BID SEM "iN A a PAVING TOTAL $ 21S M4,611 S. BONDS 1. 1 LS PsymeM and performance bonds fo Section 'A' three thousand one hundred thirty six Dollars and tweMy six Cento Per LS $ 3.136.26. $ MM.26 2. 1 LS Maintenance bond for Section d 'A' th M hundred thirteen `i DoU ni and abdy three Cents Per LS f 313.~i S 313.E SECTION B a BONDS TOTAL $ 3,442.0 t►ze+ot.wt P3A *`F7 c .aC- R` 3 A S a n s.~ i-. r i~ ~ Ctrs-~- i ~e» 'a p S 4a*~, ~ E-~✓ _ ,y ja r j`~ $ ' 1 r I! a . ..o-twrwu.wr+a4rA~ZME.1Ma+.1MtuA raY«.In«s.,.Ja.~.'aJ1r~ r A TOTAL BASE SECTION `A' S ~/A TOTAL ALT. SECTION 'A' S 719,d„96_ i TOTAL SECTION 'B' $ 9.449°89 1 TOTAL AMOUNT BASE BID A48 $ N/A TOTAL AMOUNT ALT. BID A-8 $ 219 The underelgned "mae to oompWo the work by #me Contact Doamw is In the foNowinp number daye for Pavktg. Calendar days for Coatruatkxt J W" tiw (5) days Brier mow of Notice of Acceptance of ft Bid, the undereipned will execute the formal contract and wW dollm an approved surety bond and proof of fnuranoe 1 ( for the tagh" performance of We oontrrct. 1 Reepeatt ily eubmlttedl• Company, Tacna. PvWlo Corricsnv ddrm, P.Q, Box 250 By: - ; A d ea pardon, Taxes 78202 Phone; fal"A MOW (PrMt Name► / Dail: ri - L Cn r~7` Conant: BE Cheek, St. I (We) admowiedge receipt of the krifowkV addenda: Addendum No. I Dab Reoatved: F Addendum No. 2 DW Recelved: I rl 0002ltOLC01 P-4A ~ r ri+ I 0 yr 1' Y I; i rte.. .':...~?h } ai;.k z:.' ii1'a. r\ s 1.. ay a !'.l • • AAA019DE 1 ~ PROJECT NO. CONTRACT NO. j PERFORMANCE BOND THE S'P'ATE OF TEXAS S KNOW ALL NEN BY THESE PRESENTS: COUNTY OF DENTON S !I j That JAOOE-PUBLIC COMPANY 1 P. 0. Box 250, Denton Texas of Denton County, Texas, hereinafter called Principal and SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York I: and authorized to do business in the State of Texas, here naf er 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 sun of Two liundred Nineteen Thousand Eight Hundred Four and 54!100-------------- to 219,804,54 1 Dollars, lawful honey of the United States, for the payment of I' which sum wall and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this obligation is such that: WHEREAS, the Principal enters into a certain con ract with Owner, dated Lc the day of 19 in the r ut+ proper performance of which the City o aeon, To as, has an interest, a copy of which is hereto attae2ied and made a part • hereof, for the construction ofs Paving Improvements to serve Southridge Estates, Phase I in the City or ~ I j ! Denton, Texas 1 a r t • t NOW, THEREFORE, if the Principal shall well, truly, and • • faithfully cause to be performed and fulfilled all of the + undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, f PAGE ONE Sri, ~ • I and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorised modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and affect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to th* work pe..formed l thereunder, or the Plans, Specifications, Drawings, eta., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. j IN WITNESS WHEREOF, this instrument is executed in triplicate, ( each one of which shall be deemed an original, this the ?()44 day PRINCIPAL rJJ / SURETY ~tx u oe - I u ~Ir j~E60A ARO SURETY COMPANY BY: < .s /~'Z9Q~_. SYs Pftun-api '14 ATTORNEY-IN•F ( Rosemary Weaver ATTEST: i SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND II MUST NOT BE PRIOR TO DATE OF CONTRACT. ~l PAGE TWO •~t Y.. ` ,--•-••~••----.-•-+w~-.._... _,...,_''~t•~~ ~'.s f~~ r I., t, ~1 r^:•+A~'.T~rJ{9V~~,~(S1~ti$~ ~~i44r°Li~~~~,~ r11 y ~'rtr • AAA019DF r ! ! 1 PROJECT NO. _ CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY or DENTON S TFQ►T JAGOE-PUBLIC COMPANY P. 0. Box 250, Denton Texas of Denton County, Texas, hereinafter called principal and SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York and cuthorized to do business in the State of Texas, here -after called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereina[ter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvemenos3un referred o t in Thousand, attached contract, in the penal sum of Eight Hundred Four and 54/100-----------------°---------------------------- (9 219,804.54 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of Xhich sum wall and truly to be made we bind ourselves, our hairs, executors, administrators, and successors, jointly and severally. • THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain con raet with I Owner, dated the e~ day of - 14 , in the proper performance o ~whieh th ty of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • Paving Improvements to serve Southridge Estates, Phase I in the City of • • Denton, Texas PAGE ONE T 5 +zx = 3 ~4 a Y is . W F1 • NOW, THEREFORE, it the Principal shall well, truly, and faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorised modification of said Contract that may hereafter be made, notice of which modification the surety v is is iotherwse e two e remain n in e fullthen fore and lshall be effect. Provided further, that if any legal action be filed upon this bond, Fj venue shall lie in Denton County, Texas. L] AND THAT said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the sage shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each on of which shall be deemed an original, this the D-day of s , 19 1 PRINCIPAL SURETY SEABOARD SURETY COMPANY J aYt IC6~lhVS~E ~ ~Gb1 L~.. ~ BY: ATTORNEY-tu- i1CT Rosemary eaver ATTESTt • t NOTEi DATE OF PAYMENT BOND MUST NOT BE PRIOR To DAT! OF CONTRACT, I' i~ I~ PAGE TWO it iu • ' AAA019DF r , PROJECT NO. CONTRACT NO.. C0NTRACT0RPS MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE ST%TE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF D.'diTON S That JAOOE-PUBLIC COMPANY P. 0. Box 250, Denton, Texas Denton County, Texas, hereinafter called Principal and of SEABOARD SURETY COMPANY i a Corporation organized under the laws of the State of e i and authorized to do business in the State of Texas, here na er called "Surety", are held and firmly bound unto the City of Denton, Texas, *City" Municipal the penalisun of DTwenty One n housa nd aNineeHundr~ed tar I . i Eighty and 45/100 fS 21.980,45- 1 Dollars, lawful money of the United States, the said sun bei ten percent (10%) of the total amount of the hereinafter mentioned f contract, for the payment of which sun well and truly to be made we bind ourselves, our heirs, executors, administrators, and • I successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with owner, dated the 3c - day of C, k , 19 9 , in the -T -City'J proper performance" o -which the o Den on, Texas, has an , • ~ interest, a copy of which is hereto attached and made a part hereof for the construction o!: • ` Paving Improvements to serve Southridge Estates, Phase I in the City of If Denton, Texas ( PAGE ONE ICI s ~Jr. 1111 rl, 4r: 11 • ~.i if the principal shall wall, truly, and NOW, THEREFORE, racted to be done and ithfully maintain and keep in good repair the work contthe data of fa writ by perod City of one ennton and do all necessary acceptance iner ~ writing for a work and repair of any defective conditions growing out of or arising from the improper work of i same, ono othanr ,debut not limited to, any settling, breaking, cracking condition of any of the work or part thereof arising from improper excavation, baekfillinq, compacting or any other cause or condition, II known or unknown, at any time during the period of this bond, which 11 the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. i In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, als it as is agreed necessary and charge the sun against the said Principal materials and surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and surety and that successive recoveries may be had hereon for successive breaches of the conditions herein , provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County, III IN VITNE88 WHEREOF, this instrument is executed in triplicate, each one of which shall be ¢esmed an original, this the 30 „'day of L , 19 c~ • PRINCIPAL SURETY SEABOARD SURETY COMPANY C ~1 • rc @ Y J ddXd1dd.~-+ • • 8Ys BY 3 pn~pawpj Rosemary Weaver {I PAGE TWO #l I1 r l~ 7 A~ 7 ~ Y~~, [3- JIM r ~ ~ l SJ ~ T p 64 ~ t V 1. ttt4 tM. ~ ~'C d WrEi POMERF A BR MS O SMV 0! NUST BE TTACHED. DATE Of DOW XUST NNOT BE i' ATTESTS ~~1/LLLti4C~~! rr- L~ Y , 7 4~ { PAGE THREE 1 it { t ~ ~ • i,; i'~'"!".y, i~t¢P Yak ~9`.~~¢~3'~+7. { ~ ~ • IT- 1147 [ SBJ1801~tD ~VRS~' ~A~ItA~1l~T! No. 11956 ADMINISTRATIVE OFFICES, 13EDMINSIF;A, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted end appointed and by these presents does make, constitute and appoint John R. Stockton or RDsertary weaver or L. Ray Pitts, Jr. or Beverly Hayes of Dallas, Texas Its true and lawful Attorney-In-Fact, tomate,exacutesnddellwroofhbahafMratxanoepollgee BwelybondarfatdBAakMagaand other Instruments of similar, nature as follows: Without Limitations i i i Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall he binding upon the said Company as, fully and to the same extent so V Signed by the duly authorized officers of the Company and sealed with Its corporate seal; end all the Ali of Bald Attorney-in"Ftllct, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the Bald Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still In full force and effect: ARTICLE VII, SECTION I "Pokess, bonds, raeogdaancys, ellpldalloro, cow a way, UiM*w,Nbq undwisklnp sad kwhw onk ro" m sum insurance policies, bonds, rec og n izanca, stipulations, consents of surety and underwriting, unddMkings of The CompMy, and ralsaeea, acres nwnts and pillar wnlings rotating In any way thereto or to any claim or Idea thereunder, shall be signed in the name and on bobs" of the CornPany (a) by the Chairman of the Bard, The Preeldenl, a Vice-PrNldenl or a Resident Vice-President and by The Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Atlorneyln-Face forth* Company appofnlod and authoN706 by the Chalm,ah of the upend, the President Ora Vice-Preaidem to make such signewrw or (c) by such other officers of reprsaenltlives so the Board may from time to time deermina The seal of the Company shall if appropriate be alfixed thereto by any such officer, Aaaney-Tn-1au4 or repraantetiwe." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of Its Assistant Secretaries, this 2M._. day of _Jant9azy. 19.941 osarr, Attest: SEA RD URETY COMPANY, 1921 v~r4ur At*~~ (Seal) ~~-+~.R1.. P/f e.~~.u"~/„J By ,,•!Aw istant Sec cry ...................Vkk-PrieWenl STATE OF NEW JERSEY as : COUNTY OF SOMERSET On with this whom erns 28th acquainted, . who. being by ma duly a t9.9o......, before personally NY, l a Vice-Presadent of SEABOARD D SURETY COMPANY, i eels ellya . worn, said that he resides in the Slate of ..Nowt. Jersey ; I that he Is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument: that he knows the corporate seal of the said Company; [hat the seal affixed to said Instrument [a such corporate RISI that it was so affixed by order of the Board of Directors of said company; and that he signed his name thereto as Vice•PTesident of said Company by like aulhority UMDA PAYN UL NOM AY K"Of!lE11'JERSEY (Seal) aSuIld MYCafBaiW"Igk"Sept,91"" 1 C E R T I F I C A T E IIhAssistant Secretary of SEABOARD SURETY COMPANY do hereby sanity that theorlginal Power of Attorney of which the foregoingb a full, I rue and co react copy, Is in lull for ce eno a"act on the dais of in is Certificate and I do further wily That the Vice-PraldenT whoe>tecoled he 164 Power, of Attorney was ono of the Offices authorized by the Bosrd of Directors to AWIfil an attorheydm}act m laovidod in Art" VII, Spotkn 1, of theay-Laws of SEABOARD SURETY COMPANY 1 his Cerbbcale may be signed and sealed by facsimile under and by authority of the following resolution of the Ek9cutlve CommiRee of the Board of I Direclors of SEABOARD SURETY COMPANY el a meeting duly ealfed and held on the Mill day of March 1970. "RESOLVED (21 That The use at a printed lacsimlle o1 the corporals "fit oT ins Company and of the signature of an AOalstant SeerNary on any certification or the correctness of a copy of on insbunent executed by the President or a Vka•Presidml pursuant io Article VIP, Section t, of the ay-Laws • • • appointing and authorizing an ailcrney-indacl to sign In IN name and on behalf of the Company surety bonds, underwriting undartakinge or other mslrumews described in and Article VII, Section 1. with like ellect as If such Seel and suon algnaluro had been menus", Wired and made, hereby Is authonzad and approved IN WITNESS WHEREOF, I have hereunto set my and and affixed the corporate seal of th Company to these presents this '3Ot,A'.,. day of kj-i i......_„ 19.9 x t827 v'~or Yard' ApbNni Ssure4ry . Form 16I IrMr 7/e41 ei n'a.nll n rl Inn uhi nl c ity i1 Uis FY~noi .I Altornr; gnu n +y c:~lt, r,uUacl, 1; ~B-65n3GCq :,nri nsk fur Iho I r,vFlr of Aflemny clerk I'leoFa nL!r h) the Pcwor r P,:L. irrry ~Inuhm, thn ehM.e "pill (I Individunlia) and delnll pt the hnno to v hlch Urn fx+vrcr i'i riltacllccl In No;r YorY Dial 212-0276944. Alf 1 tt. • I i • I I I!Mi#Jff NOTICE To OBTAIN INFORMATION OR MAIM A COIPLAXW: YOU MAY CONTACT THE TEXAS DEPARTmw OF INSURMlCE TO OBTAIN INFOW AT'ION ON COMPANIES, COVERAMg RIGHTS OR COIPLAINTS AT: 1-M-252-3439 I YOU MAY wxm THE TEXAS DEPARTMENT OF IILSURANCE: P. 0. Box 149104 Ausrxm, TX 78714-9104 FAX #(512) 475-1771 I' PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR ' PREMIUM OR ABOUT A CLAIM V%ll1 SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT I RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTI T OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: I • I THIS NOTICE Is FOR INFORHATIoN ONLY AND DOES NOT BECOME A PACT OR COMMON OF THE ATTACHED j DOCUMENT. I r i OOOOCC oQQ~ QD ~~R^O~ 10 o P O N t 000 If ~~~OQpDOS144~~ I t f h .i I t ♦t.. ti 1 ! }i ~r tr sir) 6.1,'. { Gta ;r i +r• +r t ..i 4 at ~ rf, , • i i I 4 { PROJECT 110. CONTRACT NO. L i` t k THE STATE OF TEXAS j DEVELOPMENT CON'if~A COUNTY OF DENTON Whereas, The Ook" usSl~e~149~__.1~'j• yM i R hereafter referred to as "owner," whose business address is S, 14860 Montefort Suite 205, Va110e TX 15240 r is the owner of real property located in the corporate limits of 3 the City of Denton, or its extraterritorial jurisdiction; and f Whereas, Owner wishes, to develop the property and ;such s} development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; l and r Y Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the city's specifi.cationn, standards and ordinances; and ,i [selcI;.t applicald" provir)ion n; follows] Whereas, the owner elects to construct the Improvements r 7 without contracting with another party as prime contractor., in which case the provisions of this contract which refer to "Owner" or "Contractor" shall. mean the Owner as named above; or rrr~ ` -,1 • • .i.... rru •w a ass Mlr l~YWMMwvWY4wl. wMr NVruNrFYw .n a.._.......... ~ i 1I L]~ Whereas, the Owner elects to make such Improvements hereafter set forth by contracLing with Sunmouut Grc~uritlou whose business address is [;.0. Box 1770 Roanoke1_.'PX 76262 hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in en6uring that the Improvements subject to this agreement, which will, upon completion and acceptance by the city, f f become public property, are properly constructed in accordance with F the city's specifications and that payment is made therefor; i WITNESSETH 6 As to the ImprovemenLs to be dedicated to the public, as r specified in Exhibit A, attaclied hereto and incorporated by reference, to be installed and constructed at 3'lanteeito Det ' r, Section 2, Phrase 11. City, of Ueuton, Denton County the Owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: I 1. Cove.nzU to of Contractor, Contractor agrees as follows: • (a) .pecificatonl. To construct and install the J Improvements in accordance with the procedures, specifications and ) standards contained in Division II arid III of the Citylq. Standard S S ecitions for Qublir t~grlcs Collstc`tip[.1,_Nort Cntr; `1'exaa, . • as amended, and all atldendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such { Ya PAGE 2 ' I ~fff • • ?r; si ti specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of d. C. the agreement as though written herein. ~ j (b) Authority of Ci__Eggineer; Inspect ons_ es Ls an li Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the C-tty Engineer or his representative, The City Engineer shall decide all f j questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of 5 specifications, The Contractor shall furnish the City Engineer or his L representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any wort, done or materials used without sui.takle inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work ,d or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the j Owner of sr+ch failure and may suspend inspections of such work until. r,uch failure is remedied. If such failure is not remedied to • the satisfaction of the city Engineer, the City shall have no • • v obligation under this agreement to approve or accept the . Improvements. i PAGE 3 °r 01 Ili, V6 V11 "AA • • r.,..: a ar n...: of .r✓. \dvu]. .914fAMNMbaNWu,nm n.... r:. ._L. ~ _ 1 (c) Insur711re. 1'o provide for insurance in accordance with the Insurance requirrimont;. applicable t:o Contractor,; as provided for in Item 1.26 of Division I of the Standard Soecl lcations for public Works Constructipn1 North Central Telxi s, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "owner,'r,as used therein, shall mean the City of Denton. (d) Bans and_Mehliods 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. U11 ual Covenants of Owner and Contr cto . owner and Contractor mutually agree as follows: (a) Per ormaltice Ilar;dq_L L_crow A,greemeet. That if building permits are to be issued for the development prior to completion and acceptance of ill improvements that are to be dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than tho amount necesc.nry to complete the Improvements, as determined by the City Engineer, shall be submitted • quaranteeinq the full and faithful completion of the Improvements meeting the specifications of the • • City, shall be in favor of the City, and shall be executed by a surety company authorized to do burliness in the State of 'T'exas; or, I c PAGE 4 ~ i • a i . i .'h.•.. uv.wi ul.A, w. Miv.TIJpa M' nn wRrl u... x.. ~ (ii) if the cost of completing Cite Improvements, at the time building permits are requested, is in an ` amount of $50,000 or le:;. as determined by Lhe City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: Assurance_ of L?1 nest. That prior to acceptance of the Improvoments: (i) a payment bond will be furnished in an amount not less than one hundred percent: (100%) of the L approximate total. cost of the contract cost of Utp Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or les:,, as determined by the city Engineer, or the improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development code, and a payment bond has not been submitted In accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the improvements by the City and that prior to acceptance of the Improvements, the owner and Contractor shall. furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreieasod recorded liens filed against the S Improvements, or land to which they are affixed, that are to be dedicated to the public. r That, upon the request of tho City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 i l`VAR I r 1 r ~..i.ynl i r.. r.R....r •-w1H.r.MMIJ.MLM.i'Mr4rN!Y~.VW rda.rr .wr.. e.r,.. r. ~ 1". material for, the construction of the improvements, and, when requested, written statement from any or each of such subcontractor., or suppliers that they have been paid in full. x (c) etainag9L - .Einal.PA- vments. ('Phis provision (c) applies only where the owner and Contractor are not lie same party.) That I as security for the faithful completions 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 b all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished E r for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrarg s. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is f made, or found to exist, against the Improvements, or land d dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim F lien, charge or encumbrance to be satisfied and released or r promptly poet a bond with the City in the amount of such claim, PAGE G . s 6 - e u _ ~ F .1 164"1 `r' '"'7 ...'("".Y".'L'"..... ti~j~• F rA~`' 1 ,.i 4j iw rl 1 ~k iM. erg ♦ r ~ IL -MAEL-IMMELMI-I~ • • i I I lien, charge or encumbrance, in favor of the City, to ensure 3 payment of such claim, lien, r_harye or encumbrance. (e) a tenance Bon , 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 Len percent (10%) of the contract amount of the Improvements, insur~ing the repair and replacement of all defects due to faulty material fl and workmanship that appear within one year from the date of I~ acceptance, The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in - the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description bi brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or 'on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction • of the improvements; and shall pay any judgment, with costs, which ti may be obtained against t'.o city growing out of nuch injury or damage. °a} (g) Agreeiant Contrhll-tnq. That the provision of this agreement shall control over any conflicting provision of any a s contract between the Owner and Contractor as to the construction of the improvements. PT.~'r 7 14 N ~ w~ • ' J • { .a. O_ccuLanc one Lpt __IJev_glopmcnt owner further agrees as _~'1-_ c , follows: k` (a) That owner will riot 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 i upon violation thereof will pay the City $7,000.00 as liquidated damages, but such payment shall not be doemed 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 f; shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public s improvements have been completed and accepted in accordance with this contract, 4. Covenants of City. That, upon proper completion of the { Improvements in accordance with this agreement, the City agrees to accept the Improvements. I • 5. Venue and Gover.nin_q_l, w1. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connect.ion therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this • • contract shall be construed in accordance with the laws and court ( decisions of the State of Texas. PAGE 9 .._..,...............~..-w.-r..-.r-+.:~.r..-..r.-.+gwwr~►MV.........~+.... ~n q~~o~+~'jY,+.,~fy° nil~~ik,~ 1 1~ a~ ~,I "1 Yf y,11t i t~ ~ ,Y 5 Y 1 I l 6. Successor and_Assl,gns. This contract shall be binding upon e and inure to the henefit nC thr- parties hereto, their respective tr successors and assigns. i Executed in triplicate this, Aa_Lday of 19 . I _ OWNER CON'T'RACTOR / SUNMOUNT CORPORATION j BY: BY: a n u R. Allyn Brown ~6[1C,q Seeretarty/Tressurer 3 CITY OF DENTON, TEXAS \ BY: C I Y VSANAG ER 1\, ATTEST: J IFER LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCII, CITY ATTOR11EY BY. 1 } i l .E i PAGE 9 rk7tC~~gFrr rF 4-"'~~ r+,jr~ 'r. r, ,aye°,' t! era d , - . s ~....<.~Mnm.nYaurwtsfNYUax6~b9YKAAM:1~~~%W~WPIWMR.91WAd1ANYwY.raur.ya"u~+renA.w.~ w,.. ~ . O~QO Of 0 4! OO~{ NrG~O ~ i N 4. tp pr i~ Q~~ ~ : U' ~OOQOGoo K, }:y I. I` i.4 0 1 A J2 Y'urr + r t,,1 i f.~ ~...--.rn..~a..^+•.y ~.~~w •..a`..a~ww+±MM'r+y.'"+~ JF~~~ . i - a { i -!!'S.r MP ih',yµl,V ,yµyyeK 1 fff AM01, :97 1'NOJr',C'1' 110. a~ CONTRACT 110. THE STATE OF TEXAS § DEVE PMBt1T C0 7'rRACT COUNTY OF DENTON § Whereas, _The Oaks of Montle tn, hereafter referred to as "owner," whose business address is 14860 Montefort, Suite_205,_Dz asr ('Y2~, c is the owner of real property located in the corporate limits of the City of Denton, or Its extraterritorial jurisdiction; and 3. 4 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"; Jj and Whereas, as a condition to the beginning of construction of said development, a developmenL contract is required to ensure that all ,.treets, water and sewer lines, drainage facilities and other improvements whic:l are to be dedicated to the public, hereafter referred to as 11Im7rovemants," are constructed in accordance with ; 1 # the city's specifications, standards and ordinances; and (select applicable provision a:, follows) Whereas, the Owner elects to construct the Improvements i i # without contracting with another- party a_, prime contractor, in which case the provisions of this contract which rotor to 110wilev" or "Contractor" shall mean the owner as ruuued above; or 1~~SS w.'i y_, - ry-rv.,.q ..y♦ N ~ Vie. 1„).. , \ y ~y ' • ....•...._..,umct6eY.reap:w•u1'RtlYNr.0kN4MYrt4Wa:W'YIetlNL.~:HLV4Ywn.x.... Y...w»rv~.. r'.. ..o.+ 1 ' h ' r` Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Hurray GunsLluctyli_Cumpnny, whose business address is 515 N. Kealy Ave„ 1.ewievillei_'C)t 75057_~~. hereafter referred to as 11Contr.actor1l; and i Whereas, Owner and contractor recognize that the City has an i I interest in ensuring that the improvements subject to this r agreement, which will, upon completion and acceptance by the City, become public prcperty, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITHESSETH As to the Improvements to be dedicated to the pub) 1c, its f specified in Exhibit A, attached hereto and incorporated by reference, 'co be installed and constructed at SI4uLflC11L_UeLSur. Sec lion j, j ae il~ City of Denton, nenLan County _ the Owner, Contractor and City, in consideration of their mutual promised and covenants contained herein, agree as follow:: i 1. Covenants of C~ntrarto>. Contractor agrees as follows: (a) apecificatiun_. To construct and install the 1 Improvements in accordance with the procedures, specifications and standards contained in Div,.(on 11 and III of the ty!s=5n> e,. cations for. Public 1 19},_ con t ct ol1 North Ccnkraj Texas., as amended, and all addeliduuc: thereto, and all other regulationz., ordinances or specifications applicablo to such Improvements, such ~y PAG J. 2 • • ' . . .x... „4.,aR wU WHdMVJGHYHN+.a enio-NO >am..r i.,.. ..._f . s ~ specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made apart of the agreement as though writte.ti herein. (b) Authority of Cit Engineer; Inspections, Tests_ an ders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test material.: furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work E 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. FACE 3 i _ I 1 ~ .....an .mwivaal>v.u.u...ww.lrtWwhN ~Y✓6.w.i+aw~.+4nw.v. ~..w.v ww.... 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 fgr i Public Works Construction, North Ce tral Texas, as amended, the i provisions of which are expressly incorporated herein by reference; f provided, however, for purpose of this provision only, 110wner,V 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 xi for which the means or method of construction does not, in the i judgment of the City Engineer, assure that the Improvements were of 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 perrits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the improvements, as determined by tte city Engineer, shall be submitted a • guaranteeing the full and faithful completion of • • the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 ,1 ~ ...,_w, ...--1......~.►~~.rMr _h.... }I ~N 1 S, ~:`I ~ r rY 1 ~ =(~t~v,~^~~t Ki;'A^r'~~~`+'L'~ tlthtls~`iE "~,11 Y P\ ne ~ ~ .1 • w (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without f exception, the City's escrow agreement form shall be used. yIr (b) Payment Bond Assurance of a meat, That prior to acceptance of the Improvements; (1) a payment bond will be furnished in an amount not less than one hundred percent (100%) of th approximate total cost of the contract cost of tile' Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the improvements, the Owner and Contractor shall furnish a wriLton affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims ' for labor performed and material furnished in Lannection with the construction of the j Improvements have been paid in full and that there 1 are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the city Engineer, Owner 14-4 or Contractor shall furnish a complete list of all {f^(; subcontractors who performed labor on, or supplied A` PAGE 5 • _ . n yu•.v . mNf..dMa iLw nN WhAIHr/nYYem. ti.u.,J..r........r.. 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 `.)r the faithful completion of the Improvements, F4 J Contractor and Owner agree that the owner shall retain ten percent i of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the improvements shall become the property of the City free and clear of all 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 a dedicated to the City, to which they are affixed, the owner and k Contractor shall upon notice by the City promptly cause such claim • lien, charge or encumbrance to be satisfied and released or • promptly post a bond with the City in the amount of such claim, PAGE 6 ~ Y • ~"ll np. ~'~"Y1~i a~`'f.l,h~ 4t~;d~+~l~ Iii, ~1 r~~r • k lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Boild. That prior to approval or acceptance of the Improvements by the City, to fur0sh a maintenance bond in form and substance acceptable to the City, in the amount of ten II percent (10%) of the contract amount of the Improvements, insurtltiq the repair and replacement of all defects due to faulty material i and workmanship that appear within one year from the data of i 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) YndemnificatioD. 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 bn account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which 'J may be obtained against the City growing out of such injury or damage. (g) Agreement CoritLollina. That the provision of this f agreement shall control over any conflicting provision of any contract between the owner and contractor as to the construction of the Improvements. PAGE 7 • II 1 iL.... . ...v ..v ....dM/AYA4'./hMNr..TVIh'bllit..en...n. . '-..III( ' I 3. occupancy: one Lg t puvelooments. Owner further agrees as I 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 j damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. w (b) That if this contract applies to a "ore 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. C,g Tenants of City. That, upon proper completion of the f Improvements in accordance w,.th this agreement, the Caty agrees to i accept the Improvements, } S. `lenue and Governing bqw. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action 'a necessary in connection therewith, exclusive venue shall a r • 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 Texa.•, I • PAGE 8 ' ' ~av~:+ssm~t+en 1 i ,^a,•, '7. .iii' Y A gyp,.-.e ~"Yn~'yk t 9; ,S A;:! • i, t 1;,: e f~.h r 1; 4T it (TXV Lf;z • y ~ 6. Successor and Assigns. This contract shall b.3 binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. rf Executed in triplicate this, v~f day of L?2~~~`'~+~' 19 + OWNER CONTRACT BY: k/U BY ' CITY OF DEN ON, TEXAS BY: I Y AGER ATTEST: c p i J IFER LTERS, CITY SECRETARY j; APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i i BY: r ~ i f r PAGE 9 x ~v ~ . /i N.ti......•..-,.«..:.....--.t-±w^+~r'..i.~1+HM..y~+f:fk~.M •qr 151 i J .k~,~4amvsre+Mr.u tl q'rmtteLirlortidtMrdY'-W1tV1t1YS6CtrMAV~~SAeM{N+fw4eNnunA.:naii...~n.~..:i..,~ OOOOOOO ODUUIIQ~O/y~O~ +rOQ ~ A•TO N 0 QD ~GQQOOOfl~O~ i i ~ I x t„ d 1 7 lelol 1 i ,rw+++rnwrvx „ ........_..•~.w-...K+...r..y....w...t..~y,y~~.....~ Ir ~1~~ jMiriy,r r 5~} a~', ~'RS a ` • i i PROJECT NO. CONTRACT NO. yti THE STATE OF TEXAS S SEVEY.OPJ= NTBa.L-T COUNTY OF DENTON S EPIC Developnent, inc., an affiliate of Whereas, RealthTrust Inc. hereafter referred to as "Owner," whose business address is P.O. Bqx 24350, Nashville. Tenneesaee 31202-4350 , 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"f j and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water a,.td sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Ymprovements," are constructed in accordance with • the Cityfs specifications, standards and ordinances! snd (select applicable provision as follows] j O Whereas, the owner elects to construct the Improvements without contracting with another party as prime contractor, in • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above] or j i n- I ` Q Whereas, the owner elects to make such Improvements hersafter set forth by contracting with APAC-Texas Inc , whose business address is P.O. Box 224048. Dalla° TAvae 7S222-404A , hereafter referred to as "Contractor"; and Whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made thereforl WITHESSETH 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 Denton RppianAl Medical Cen`.er - Phaae 11 3535 135-E South. nagmn. TAYAg the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follovss 1. Covenants of contractor. Contractor agrees as followsf (a) gyjgifications. To construct and install the improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv$s gtandard , as amended, and all addendums thereto, and all other regulations, A ordinances or specifications appliaebla to such Improvements, such PACE 2 i 1 i 1 • I f I { specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) b, order That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shelf ctify the $ owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to • the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 4 t i 1 i 1 l (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 figecifieatien■ for Public Works Conatruation Worth Central Texas, as amended, the provisions of which are expressly incorporated herein by reference? I provided, however, for purpose of this provision only, "owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Conatruation. That the means and methods of oonstruotion shall be such as Contractor may choose; I subjer.t, 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 Coy nants of Mmor and Contractor. Owner and contractor mutually agree as follows: (a) oarfermance sendat 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 7 public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Codes (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 quarantesinq the full and faithful completion of • the Improvements meeting the specifications of the ( i City, shall be in favor of the City, and shall be executed by a surety company authorized to do rr business in the State of Texas= or, PACE 4 s • (ii) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the city Engineer, cash money in the amount necessary to complete the Improvements, as determined by the city Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception] the City's escrow agreement form shall be used. (b) Payment Ponds dssux1knce of payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, quaranteeir,~ the full and proper protection of all claimarts 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 or Texas] or, (ii) if the total contract amount of all, Improvements is $50,000 or lass, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any parson, firm or corporation having furnirhe 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 Poceptanos of the Improvements, • the owner and contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the • Improvements, or land to which they are affixed, • • that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 _ , u,.e.~.... • 4 i material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have boon paid in full. (c) getainacai Final payments, (This provision (o) applies only where the owner and Contractor are not he mama 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 I shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that a] 1 indebtedness connected with the work and all sums of money due fo'r labor, materials, apparatus, fixtures or machinery furnished ( for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances, That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, c;,aims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lion, charge or enoumbrancs is • made, or found to exist, against the Improvemeiitpi 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 { lion, charge or encumbrance to be satisfied and released or • • promptly post a bond with the City in the amount of such claim, • l„ PAGE 6 i • • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Kaintandpge Band. That prior to approval or acceptance of the improvements by the city, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (104) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be I executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification, To indemnify, defend and save 't harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors) or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction I i of the improvements) and shall gay any judgment, with costs, which y may be obtained against the City growing out of such injury or damage. q (q) harsament Controlling, That the provision of this • agreement shall control over any conflating provision of any • contract between the owner and Contractor as to the construction of the Improvements. PAO% I PW, f { 1 • y 3. Ac ,9ancyt one Lot Davolonmsntle Owner further agrees as r iollowst (a) That Owner will not allow any purchasers, losses, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be doomed approval of such occupancy and the city may take whatever action necessary to i 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 to be dedicated to the public, the owner (improvements that are shall not be issued a Certificate of occupancy for any building constrstoted or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. CovenaDSs of City. That, upon proper completion of the r~ Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 6. Vanua and G yAtainc Law, The parties herein agree that this contract shall be enforceable in Denton County, Texas, and it legal j action is neceasary it eonneution therewith, exclusive venue shall r • lie in Denton County, Texas. The terms and provisions of this r • contract shall be construed in accordance with the laws and court t decisions of the State of Texas. P~10E i i H 5 ~`1 i r i i a 6, succassor_ and Ammiam. This contract shall fA binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, y ( EPIC txwelopmnt, Inc., an aff..iliafn of OWNER Rea~thTrpst, Inc, MNTRACTOR APAC-Texas, Inc, x BY t BY t { top an B, Robertson, President No TEXAS i a i r By CIZCITYAXOE R ATTEM i ' F 4 R ERSO CITY SECRETARY APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCR, CITY ATTORNEY ~ I By t Ac' a PACE 9 ,r en.:r.».Wq.kV41u P-. ~(73 ~(t , , Il it r~ , f ~r ...,.,.,..yr..r......,....w..ay ^vww-wM~M." r.~. ~~r ( ♦ y 141' , , y }y ( ~~Y~~ ~ '7 I7~~t~P~,ir'~'Axir~} ~~711' 1 1 1 :~~5 ' Y t-r ~2 IV0p l~l I i { a • V i , + I is ) r ~ a 1 PROJECT: DENTON REGIONAL MEDICALCENTER - PHASE II PUBLIC PAVING IMPROVEMENTS M1134TA DATE! 00110/0 ■mamMsumrsr Mamma was a a awn rraa goring rrmarusr+srMrgmgra r a a Omar rags tong=r■rrrru gsmmg aaarsraan mrsaaa rwrrsam"mass WE DIRECT LA" DIRECT MATERIAL SUBCONTRACTOR TOTAL DESCRIPTION QNTY UM UNIT LABOR I UNiT MATERIAL UNIT SUBCONTRACTOR Irnrrrnrmsnrrrarrrrngr r-:mas rrr+ aresrrrgmirrrrrsrrMirrrrrsermi rsmramrrmi maamgrrnr: warrrrrarrrr~ srrrrrrgarr 6" - 6% Lime 8tablll2etlon 17000 SY 0.00 0.00 1.66 20,696.00 20,636.00 Hydrebd Ume 246 TN 0.00 0100 81.00 IIII.M.00 10,02!.00 IN Concrete PavkV 17100 SY 0.00 0.00 14.96 266:646.00 266,646.00 StreetCleenin0 I LS 0.00 0.00 1900.00 1:000.00 1,900/0 4'8klftWk 1040 8F 0.00 OW 3.00 3,120,00 3,t20,00 2" SCH 40 PVC 460 LF 0.00 0.0r< 6100 2,260.00 2,260/0 Pull f 2 EA 0.00 0.00 { 106,00 300,00 900,00 Bond 1 L8 0.00 0001 4260,00 4,260,00 4,260,00 j 6 ConcrefeCurb IWO LF 0.00 0.00 0.66 6,660/0 6,830.00 OrnrrrarmmrOarp+aMrrrmrwa8trrrralna~rmmrrrrar:Mmrarrrrrrurrrmrrrmn,■rmrrrrsrsmrarrrrraa,rrrmrwrrrmrrw~MaarmrmsmmgM 22,646.00 SUBTOTAL I (I I 1 0.00 ( 10 822,M.! 30.00 0.00 000 obo 0TOTA 322,66 00 922,6600 I samsrrr saarsngcrarrM Mnamas MSmgiwsamgassgmsiMarrrmgsf,ai~rmgsump Mirgrgrrsrrgr rwsrarrrmr murgrra"lrgroYrrrsmgr Masfl . : , i~ • ' 'i,.~yil+sc.rr•w4 "fM~~'r 'Fw{ M.Mww"~ + I~~ • uioaL I PROJECT NO, f CONTRACT NO. ~ I CONTRACTOR' MAINTENANCE BOND (DEVELO KENT CONTRACT) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That APAC-Texas, Inc. Of Dallas county, •xaehereinafter called principal and Pacific Employers Insurance Company a orporat or arganig4<T un4or the awe 0 e tats O a"' rnia and authorized to do businessin the State of Texas, here na er called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Cogporation, in Denton County, Texas, hereinafter called "City"in th1 penal sum of Shirty Two o aand. Uo i b o arm, aw u money o the n • a es, she sa sum bins ten percent (10%) of the tot 1 amount of the hereinafter 'men- tioned contract, for the pays ut of which sum well and truly to be made we bind ourselves, ou heirs, executors, administrators, f and successors, jointly and m• orally. II THE Condition of this Obligation is such that:r WHEREAS, the Principe en~ered i o certain eons'rac- with • Contractor, dated the day of 11 , in the proper performance o wa the y o entca, Texts, has an interest, a copy of which is hereto attached and made a part hereof, for the construction fs Denton RE ional Medical Center - hale II i CONTRACTOR'S MAT TLNARCE BOND-PACE ONE 0'd )NI1SHX31-Dedd WU90 M 46 bi d35 1I _ ♦1 r LMSMLMI • • r NOW THEREFORE, if the principal shall well, truly, and ~ faithfully maintain and keep ~n good repair the work contracted to be done and performed for ` period of one (1) year from the date of acceptance in writinj by the City of Denton and do all necessary work and repair any any defective conditions `rowing out of or arising from the imp opsr work of the same, including, but not limited to, any matt ing, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, bee filling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which he oily engineer, who$* judgment shall be final and conclusive, determines to be the result of defective work, materials or abor; than this obligation shall be void, otherwise to remain i full force and effect. In case the said Principal' shall fail to maintain, repair o reconstruct any defective condition of the work as determine 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 o ligation. It is furthers reed that his obligation shall be continued one against the rincipal nd Surety add that successive ^ recoveries may be had herso for successive breaches of the conditions heroin provided un it the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said w rk shall continue throughout said maintenance period, and th some shall not be chan od, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that i Any legal action be filed on this bond, venue shall lie in Dento County. IN WITNESS WHEREOF, this instrument is executed in tripli- cats, each one of which shah be deemed an original, this the L~ day of Z . PRINCIPAL SURETY APAC-Texe,e, Inc, ? Ira y 1"~Alj A eY r EFL a ; YAFAUT RoBtrdTSON Attorney-ln•rstt • CONTRACTOR'g MAI ENANCE BOND-PACE TWO 6'd >41'SHX31-YdcAi W19G7it1 06, bt d35 - - uP T• h _ 1 \ ~ . r' , 1 . i 1 V tiI r y NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT'BB PRIOR TO DAT OF CONTRACT. t A ATTEST: C UCRITARY 1NiI.tARD 44040 SECT; :i i<<i'! I'iU1SURER it . r• i ♦ t r 7 I 7 CONTRACTOR'S MAIN INANCI SOMD•FA02 THREE ON] r5t1fS31-3tldF1 WNGV t IT V64 hC d3S " r nr yy,, ` ~ , n♦n...anw.R.yti.. • a.r n t , `~~V9r 1 5 v Wu ..r-!r .nN r o 1 A ! 1 I inautonoa Gxr MY 5 9 3 9 7 4 POWER OF P 7 Elnplooan ATTORNEY a CGN A ComCxorpy ~ Know all men by these presents: Thal the Pacific Employers Insurance Company, a Corporation of the State of Cabwmis, bavlny Its pfinvpal Office In the City of Philadelphia, Pennsylvania, pursuant in the fottdwing Resolution, which was adopled by IM Board of Dveclors of the send Company on December B, 1963, to wt' ACMXV90, TMI IM 1eAov..p AvL,,Ma fig IM III In M CGir" If N b", yla "Il rKO I.SIIX" CMNK,1 ant 711M Wirt" n 14 r f roa'.ct III feat M k,yak l MN "(tor WA haadenl, ^ Va it,"til, ant A.Wh Vu ft".0 1, or ,r .r Altoini FMI may Vv to Ixd a hero d IM cent AM Sod Y rvva uWArpaMal. f 'KM aNa "W wtM1n M n yV M'y, Wrb1. 046" to N aunts W rvto, by 1M CM~.u sw Mah, or ✓rv AIwIMN ~9o?r~u SN,Mw. Wj IM M ~W MWaib. aril 1"I PNMM 1 NYalh/1kMIa'N USa h#~1&" A,ystim Vice W. opt, NPWI" wUnvr MI OMN dew Ifti p aepbnlM+M M I.IV.ganras AlphNµyn- KI N b aNGUIa IX 1141110 1M ,aKVNM d Ia,uCh MM1TQ10~ bMr1e d IM CMVWY Ma to arIN.IM MM 0I tM CMgan1' IM'NO Isf A/Y fWWnIIVWn~WQ aaKu1M n abtbdarcl V+Rh 11410 AVN ,hpA bt N bNd+p uP'rA NY CprMWN M ant xM N Iraireh lrQ.4d W IM h„rdanl and r4,lld IO M pM CnpMKa Sa:r1lw of thi, IJI pYrIItY 0,M, lO lb ~oSnob~ W V[Wanh~1W 01a ~IAV~r4ga D#44LOSM. W Am A6~11 Mev orri""a co its VCdMIM mM be~by 1w*,rW to" onikNe ed Mf Z otit IN a~WK .DIP V'h P X01 Cal MNUq such IKMrfpWY,enalWa i, fW "be , YMI "on IM ro toei (al 6,41,iN roinE dw1Vq e1M+0 iJ I~ 0IKI,npI'M&AN)ilr to cu+M armrf, coo-rl CO IM 014"nlM III Of " cr.rynN. ve Hn ~v 4"d at lM Carory 151 AM W,Maa a IN% Aa,tl co doe, rM mesa any "t 110hordr St by Adi d A4 0606 ra Niictoi does hereby nominate, conshtuls And appoint ROBERT C. YRTCRE, ROBERT 0. SIDDONS, BETTYE. ANN M1,11ls, LINDA COUNY, and STEVEN B. SIDDONS, all of the City of Austin, State of TOXaa................ each individually d thole be mote than Orie named, its true end le'nful atlorneyln'fACI, 10 MPka. execute, Seal end delove on Is behall, and me its act and deed any and all bin 3, undensk'ngs, recognirAnces=co.tracts and olho-Y-ongs.,Me rabbis ihefool in Pohl not exceeding FIFTEEN MILLION DOLILARS IS 1~5j 000-MO-A each. and the execution of such wnt ngs in puisuance of Iheso presents, shall be as binding upon said Company, AS fully and amply as d'hay had hi (Jury execulad and I1I1 acknaHlel'ged by the fegulArly clocled ofllcers of the Company at IS p'mclpal ollrca b IN WITNESS WHEREOF, Ina said R E. Glveans. Vpce•PresrtlenL has hereunto subacnoetl his name end affixed the corporate seal of [he field Pnedic Employers Insurance Company dips day of _v. AU,gUB t__. 1994 ~ V r r. Y Grp a px`~/ BY It e orrtar+s vice Prea41M COMMONWEALTH OF PENNSYLVANIA sA COUNTY OF PHILADELPHIA let pU UC nefute the subsrnber, Lp On INS day of ~...._B___....-.. , A D . 19 9 ...4..._. , e Notary PuWic of E the COrnrrlOnWealel 01 Pennsylvania In and for the Courty of Philadelphia duly commissioned and pUil ied, came R E Gweans, Vico,PrAsidant of the PAotc Employers Insurance Company, to me personally known to be the indmdunl and oflrcef Jesenbird in, and who exalulad fie preceding y :nsuurnent, and IS sojiowladgod the execution of the some, and, being by me duly 5woln, ofosalh and salh, that he is the officer of its ECOf Company Alorasaid, and that Iha seal alLrted to the preceding Instrument is the vorpolete seal of said Company, and Me Seto coroaale seal and b his slgnatu a as officar wale City alhxed and subscribed to the Bald Instfurnenl by the eutlronty and direction of the $Ald Corporation, and Mat C35 Raso`~(aAl~jl (pL/tthhhe Board of Directors of said Company, rnfe+red Id in the preceding pnstrvmahL is now in force 1 Ot11/~-0fIa EHEOF, I have hereunto sal my hand and allixed my olllcrel seal if the City of Philadelphia the day and year A first xb owl q(~ G ' * u OF = r NOTARIAL SEAL ,J A q IT OARRfLr M. RAYSOR, Notary Aubb ISEALIS Hotah fveee eti ih""Phla, Philadelphia Count', PA t/ i,'y N JP `G~ mole @x a 301 Mm~u deMpned, Secretary of Iii Employers Insurance Company. do her Wt' ceGlty, that thb orlplrol POWER OF ATTOANEY, of tivi IM o foregoing is a lull, that and correct copy, Is in full force and atlecl , o In witness whomplI I a~,,e~,va hereunto subscribed try, n ne as eCratary, and Nfixed the crotOp to Seal of the Colpolgli0m. INN -----.-_day of R~"---_- a~.re I y~ r~ slsifi 1 THIS POWER OF ATTOgNEY MAY NOT BE l TO E%E WE ANY BOND 1 id 1 pARgy~ f 1(ortOh, CetraNly WITH AN INCEPTION DATE AFTER . A.C.. s., MIS ff rv` .~"J 99.327eilb Ptd in U S A i ..._.._~..._.._.--.,,ice-. got i XAA019DF PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT A AC - T P of Dallas County, Texas, hereinafter called principril and Pacific Em lovers Insurance Com an a Co r- ptcn organized under the laws of the State o! California and authorized to do business in theSta te of unto he City of Dentanr called "Surety", are held and firmly Texas, Texas, a Municipal Corporation, in Denton County, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or Improvements e Hundred? wentviTwohe attached contract, in the penal sum of Thousand, EI ht Hundred, Fort -Six (g 322 846,00 ) Dollars, lawful money of the united States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, sour everally, executors, aclsinistrators, and successors, jointly and . THE Condition of this Obligation is such thati w NHEUIAg, the Principal entered into a certain contracinwit: _ ly~.~ Owner, dated the 1 th day of 14 i=lf o Denton, fixes, has an proper performance o which the tY interest, a copy of which is hereto attached and sad* a part hereof, for the construction aft nenton Renlunel M de Ical CP^t"r - Phase 1~ • r ~ Lime Stab] llz I n and C nCr, a Pa Ina PAGE ONE i NOW, THEREFORE, if the Principal stall well, truly, and \ faithfully cause to be performed its duties and make or cause contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be lade, notice of which modification of the surety is hereby expressly waived, then this obligation f shall be void: Otherwise to remain in full force and effect. Provided furrin that if Denton anCounty, y legalTs action be filed upon this bond, venue lie r AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., aocompanyinq the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, t alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in tripli~c,ite E, each one of which shall be deemed an original, this the Qs r k of September 19 94 tX F" ri PRINCIPAL SURETY APAC - TEXAS! Inc,P^rtfir mplaXars lnauranre Co, BY: BY3 ATTO EY-IN- CT ATTEST: n ~ NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT! s; PAGE TOO i ~T r 9 8 5 FATT W EA OF P"Mc Errlployers Inskaome conpany 593 OANa CfGNA co"Itai Know all men by these presents: Thai the PAi Emp"i Inswa,iii CMrWany, a coroofaenn of ow stet, of cahlonoa heveU Its pnnClpal ohde In Ile City Of Phu adelphla. Pennsylval pul5uanl to IMI IOllbwalg Rnsoluiol winch wee adopted by vq.. Board OI Di ectms of Ilse sale Convenor on Decembol 5, 1983. 10 wit I "m(s0U4p, Inez the Ip,~>,.np P.rm nor yu,e•n rN anmm rd rN Ca+AWa d utl,tla rnW,Mrge. T.nQ'Nrxn. rmvK 1, ✓.e d14, vnnrp> Ihv ,aloe Inns' I11 The' 1N R,eEe.n I stool, We Pr1>Nnl ertp Ve, Plr i " k,"gwt Yu P,sovi 1, n ,^v Ae,+nry n rY1. rtW eu(ul, to Ir'A t. 1,0101 .e 1rr Co' wr; wN V I. '0. w4:;t,eVy, ecgo/iKN rooli'm a'a elm .,1 IN Mlyrf Il yrp,, 04 a 10 W IIINIM "i M Wevi rM,IM cdmwe &,V .1«Y Cif MY 0.1>~tl,y~l CNIVVI4 SN n'1."Y nvl e4 ,IN UI rM Lo+ 69 `411 IN ov, ,^e Inn IN Ple,Aehl =1 v e, NNb rNYr! ge,pnr,e r4 Afo*V M Viii he ' may MA,nI em e=errr.rr rM ofPeI Oe.,+ InYIMr IN Cr'n'1Nr Irvvrin tl ,pprvneal of !M CM'(W4. rq Il lv'W, n,KI low NK VW d nlNl'.0 N4 ,>eCI.hM nI 1P J✓pn µlilVq, eo be,Wl 0114 t:drnrM erg b I Me "Old lal 0.+1' JKh venue ,4pN,e KLdaeKe M.n 4N P,n11 ,N, f4 K IVMnq ,rPCn the cMQrIV ^,nV rw K 1 00 «0'40 r, w Prl,.an1 rw Olli R. it Ine Curran 5lWalY 131 l,re 4lwe o'IN F,I'and nebNdVtKgeNPngcY toll" Wofte, ee4,"III ol11(A vile, 1Nf yaehMr4m &4e ,.Iroe Il to msr lr WeW sl flnh h AeN"e'el III nl'lvYev. nM lerwel re ,,sal e. d Kro na rV gw.a~r '{✓tlro'~M «eNIViIV,&$ ,tO iii 11'DeVI'll "Cif 4WN 'yn4y N WeM Cr rJte+Nv to «M,erNU4dM'.rq III aydV. elhR'llrrYerl N,rW CMAir.r WeAn far 14~W hM ei.Iebly la CerrAyd,v.MetWI WA>i 1114)) An,IV ph im>WWe Ce..(,rry. YgrjVk.aMld.arllaM lre.Cmy.W, McN Wr it P4 OKWO6 d Irl We) I; I iN "'Wi d m1 arrMett. d4, ✓n' woes r'r ww r~IMYiIy gm+IVa W M,a✓t[w`+d fro an. n W Onrldf I{ dotes hereby roomette, conk and mai l ROBERT Cr FRICKE, ROBERT 0. RIDDONSp BETTYE ANN ROGERS, LINDA COVEY, Di STEVEN B. SIDDONS, all of the City Of Austin, State of Texas---------------- each lndlndually of their, tv room, Ill one nanIl .111 We and Ii Adnrnmy n' !ol to rlPk(`, hs,cule, seal find dellvnl on la bi and es ds ari and deed any and all bonds, undeillom e. freoA^lre.e.alm.acfs `andn)olII11 . intleI101611.nm001In191i'll Y+iaturceedrrvl FIFTEEN MILLION....'.-----_•• DOLLARS I5._ 1S.t gg-000-4 ench, And pw a:,W1111i rot such Ymhngs in p.lt6uanc0 of loose presents, shall be as binding open SNd Company, as IuPy and amply 96 it They had Ireen duly (Hlor dd and 1 acknowledged fly Iho legulAlly v eCled ollIcc,6 0 the Cbmpol at ds prlnopAl 01 hCe n N ~i IN WITNESS WHEREOF, die sa.e R E Glveal Vme'Prosldem, has Ixreunta subscrltK rots roam, and allured tiro corpolate a,Al Ol the Sold PAti Employers Insurance Cuniti Ills 1st any of Augus_ 19914_. O1\ 1 rl ,a! A C dVt PIM'. Yee Pl,re.'11rrd COMMONWEALTH Oa PENNSYLVANIA ss COUNTY OF PHILADELPHIA - AtIRUs A.D. 19.94 belore the sobsdniii A Nmery K01v of t day of _ I proS lot di line Commonwoallh of PennsVhanii m and for 1110 Courpty of Philadelphia duly CommlAS'orrad mild aOWdied, canna R F. GN*ans, Velf-Preslnenl 01 Ine I'ad~6r. ErntdOyers Insvrana C,mpary. to me perso'Ix1N Known to be tree enNHlu al 011)0 olllca desnntwd •n. And *IV., eaaculeA the olur,anmg I"strumaro and roe arArlWdlitti Ina, e.eculron M the time, and. being by nnrr duly swept, rlepJsli and Senh, R to he f, file dll'cer of the Company af0re5ed. and Ihal I1-0 seal allied 10 the WaCeding instrument 15 1h0 colPat ele semi cl said Company, and 1i 'a $Aid Colllorale ada'. And r~ It'S sy'3nii at oft W W¢Ir d,. s sff k' a Pnd subeCrniwd Io the aeid Inglrunleol by Ille mullri And d'Ietlron el the see co,oerahon. And 11111 ?he / 6oa'd of Urre:IMS of said Company, ratified to in IITa preceding insirunlenL Is now In loft a LV~M 'k4)r~/ IX!Y/001PEOI'. I have hereunto sot my >1And land Nlb,ed rnq olfli 6001 al In" cily of Pnuadalphul the day end "Al Ills, sb~lOQya 9(,V70 * ca OF z * NOTARIAL SEAL SEALV ~m Iz CAR11% M RAYWR, No" Pubok Net IN Pvusc 4 rj. V LVp~~ 1 Ph oadolPh~ , PMtadolph a Co 3 FA , 11M Illy I hilt}f • rpned Sedrefaty o' Pacllr Emptovers Insurance Com.peny, egheteby senior fiat Inedi POWER OPAT;OhNEY. dl wr,irch the ~ f, Ine undels If cl, tutegoeg It a fun thJP and COlreol Copy s w ,r !W CV and alley in w-ltless whereof, I have ra1111 Sub6chb my PAnla 39 Sacfataxy and ARloetilha col IV Se RI 0f the CnlllOrallon, Ill's \e/ OaY [il ~de~....--"__-:.. i5l ~"7 qtr>•p, p;/~JICR. I Ti POWER OF A110RNEY MAY NOT SE USED TO ExE UTB ANY9ONQ l1 f T , r,~~,~,y n' I' Vi (1-1 AN AiPTION DATE AFTERAUAast L1, 19 A ~`w.hi~✓ 0532708u PId .,,USA II': r • r. • I 1 • 1 W019DE PROJECT NO. CONTRACT NO. PERFORMANCE BOND f THE STATE OF TEXAS S KNOW ALL MEN BY THESE PR" +TS: COUNTY OF DENTON S That APAC - TEXAS, Inc, P,A, Box 224043 of Dallas County, Texas, hereinafter called Principal and Paclflc Employers Insurarr a Company - a Corporation organijed under the laws of the State of California 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" in the penal sus of Three Hundred Twenty-Two Thousand, Eight Hundred Forty.-Six r! 322,846.90 --1 1 Dollars, lawful money or the United States, for the rayment of which sun wall and truly to be made we bind ourselves, our holes, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this Obliqation is such that: WHEREAS, the Principal entered into a certain contract with owner, dated 19th the day of -7z r 19 g14 in the proper performance of which the City o DO -no Texas, has an interest, a copy of which is hereto attached and made. a part hereof, for the construction of: • Denton Realonal Medical Center-- Phase II Lime Stabilization and Concrete Pavina - 1 1 • NOW, TNEREPORE, it the Principal shall wall, truly, and faithfully cause to be performed and fulfilled all of the • • Contract iin accordance with the , Plant, Specif iatio s, and Contract Documents during the thereof which say be granted, with a or without notice to the surety# j PALL OME i j 3 i and during the life of any guaranty required under the Contract, & fulfilled ow&150 we nants11taand rzo andtruly cocause to nditionsbandsagr~ mentsdohereafter and shall t all the c all authorized mod.lficaticns of said contract that mbeinghereby to he suret bemade, notice a! whicatmanishall ibesvoid,' otherwise to remain in waivedl then this oblig full force and effect. L-, if an 14, fu bond, PRO IDEshsll.lierintdenton Countygal action be filed on th s t AND, that said surety, for value received, her alte strationipulates ss and agrees that no change, extension of time, u addition to the tsrms Of the 0speciticationa, th Drawings,erf*~ad thereunder, or the Plans, accompanying the same shall in waiwienoticecof +lnyosuchachange,t this bond, and it does hsratty extension Of time, alteration or addition to the tares of Ghe I' Contract, or to the work to bs performed thereunder, is instrument is executed in triplicate, IN WITNESS WHEREOF, th original, - da ~ each one of which sktAL9s~semed an this the -1 h- y of September SURETY ;i PRINCIPAL +a E F~*^iover~ Inds+ran~_CO. t APAC - TEXAS iy,,,~;,~-~-.-.---BY: 8Y; sue= ev. Y-IN•F!►G"r WILt11 D WF.84 Attorney ra"faCt J ATTESTt OF SU'.<ETY MUST BE ATTACKED. DATE OF BOND NOTE: PoIiER OT ATTC,EtltE7!' MOST NOT BY plaoR To DATE of CONTRACT. 1 ~r1it. ~ k r `f! PAGE TM f+i,~~'fltiA„?1}~k~,b!'Cr'~~y~lf'~~G~~~f.`A~'ii~'77 • M. sow mmemi ltr.alal mmmolpa - 583983 POWH OF PbCM)c Entployefl Inluranca Company ATTORNEY o CANA compony Knnw all men by these presents( That the Pol lc Empbyers Insurance Company, a COCIJ(Irslron of the Slale of Ca' ronnn. hawg h6 prlnClpal ol'Ire oil Ili" Cdy of Pill lade! phis. Pennsyivel palbuAN IO the I(slowlnt) Re eolu l run. WhICh Wae adopled by the Bol ld Ol OaeClOrs DI 1IIe sad Company on December 5, 111 to wt] Also(vE0 I'll 1"1nur nv R, ",lmv^1M netura.'Yna ro'ro.nyG'IVdr.IrtCfrlKrpf.liny,,Iinl 1lnuRnua nn'' iii' Il eamen IMrN Ill IM', IN Prl'IAA+n. ^ SPM' Vef e'll vn VA Pho di, " "fi l V6i hNxW,l. n YM AIh-M in Fr nW n.Ku1e W l'e w liI N IM C, 'il rn MV M 11". oli w, 'ec(Y^ la'@I C0,011en M "All Hn,na. V' 1'V 410 tr MfM, IF{ yfhk 10 eIIM1M vVQNI wit Ih F'n Oqy'wm< SQbflly v try A)uuMl mF-en ba'. "li., .,6 1M Nlin•nlpl,Nnri in',ee IM1fb MaINIthe PINIk^I ue VCI aINanr.laY ~.':f h01aMJVe1w AW\llnlVU'P'f1'rt[Pl arty bAl'v'1WN MM1IVYVOY'ppfr InI.I I.h11MI C fppa'nlile1 114 CI" gwrv ill 411(VM N^riKl Ip M oliiii a "llll•el to Ilk liwhoa U M Mfl' VIdY'Qi M INJn IM Clnyyn,,lW It. Mh. IIM NO DI IM zw,,il II W@Io )I rW( lull. Mn✓q f.ef W.eA N wivi i Mln I"M AWi 11ke Il' N blM ly upCl' M '.P'IIpIM r' MI' ki M In(.Vfh ey'1•:1 E11' Ilk h,,,al l+d 411e.1hr III h, Ila' CiFloMV SN',,I Ill IMI)nslva0l clfP'NMnl cw,SiIv{\ryr Ae14MI,mlvf/<'epI•NeWr,.v to Ustm,i<e haPafd"taeN/Ielrre Cl.1111rt`JI MMN.ec, I, lxtalW Vn Ny pe.\el N llne:W I e'MNI. P/rMVvTprluf~sC Wtl9nA'.~Y~In1 Y111!V61 ~vNO hAd N1'YI~Of HM Ct1TP1'M ~rynWMIMMCEY 1411nW I0 Y'Y,e'iJCfkd l'I YFr'111Mf btl MH iJIn INrMIV rAl r'KatWYl01M OMnvpe ruff IF 1141" *.,111 R! 1M MIW! 01 Inq A:.I,VI h1 dM, rgl'MI.P Pq nl .a lalnyRY'arMlel h A%oalm' d II a Inwn W NVIon' was hereby hltm,nale, COO."llwo old aplro,nl ROBERT C. YKICKE, ROBERT C. SIDDUNS, BETTYE ANN ROCERS, LINDA COUEYI and STEVEN B. SIDDONS, all of the City of Austin, State of Texas 1:{ . 11-------___._----- nnU1 individually if lunru be lna,e ulen ono nanwd, OXS IIF; true end laic Aporncy rtafnl'I. 1.r mass, exi In 6ea1 en0 delrvcl on ifs behalf, Nnn ;It 1Is art anti deed any and BIV bonrl4unilooAlol Y f000IP1?a''L''--L(F)I;'c 11110Who, .•.-nP Y..... 1llw', nmaollnp.rnh .Ynotuhcov0-og FIFTEEN MILLION --------•••---IF, Ille 35 '•-DO~LAAS (5._15,1000 E0D0! each. alld tun n.c, ibo-, m sure wrll,ol)'; jr, uureuAPce of Ulobf; well ls. shall W. As bindrn(I upon said Company, an ludy and a'nply, aas 41 flay had baan duhI eknculed And d(knOw'oiIIIell ny I110, Ie(Iurany 1110cICd oft (:(II Of the COrnpdny oil Its phnp'pal olllre IS IN WIYNESS WHERi;Of, file said R E Olveans. V1co-F'resldenl, nee neraunl0 subsOllyetl his namo and allrkatl the corooYAlo seal of he said Pacific Em)loll Insulaocq company IF let day nl ~_.__•a'u (+iUeL.-----.__, 19 L_._. q E OMf.ANS. Yrce prswffM LO C0IJNON4VdAlTH OF PEN'NSYLVANIOI ss COUNTV OF PHILACEE.PHIA rO Or Ibis clay of h.D 19 belole tho si:b5CI Lar, a NOlary Publh: of E m p o CF nlnwruven'rr of Pannsyl-,ow in ano for Ins County of Pnasdolohle only comm.*soned and puaLlled. Came R E' Olveans. VCV.Pmvdenl of ~j !1.8 pal-lc lnc'PP"ro 10 me personally s'nown to ho Ills IndlYrd.+AI.MA attest descnbelt in, anoYAll eREal'ed lho wocedelQ 10 ^stlun P"t, ai'd 'e tt knbv;.etll:ed Foe execution or the %ill Find, belrtQ by ine dily b%won. (ky0sollh and bath. Ihol he la tf& dlfice! OI OIC / te~ay company al Orefa (I Md 111,11 III,,, aee11 Allied to the p19Ced'nQ In+Inlltlanl 16 the CofpOrale leas of said Company, and Iho salt] cnrpv ale seal slid e rls s,pnWWII a, Olice, weer d.,ry stilled slid iubscnbad to Ire ssc In trulnenl by [Fill aulhonty and dlou9on or II1e sold Colpcraunn, And Il1at 119 flo5 1p6t111kIliAyj'1~i'le RUahl o' Duuclols dl said Corr,peny, relalred 10 'n too plocad nR 1141rllmehl, is fK'vr In force fREOF. 111 AVa boreunla W my l and Alrued my o'rN:IAI soak el the Or 'r dl P111!edelp{l1e too d1y and va sl • IJ61 at, bwft'.kja`ke 9(J ~y} a * v U F * NOTARIAL SEAL %d t~ ~l2 1 c M ro ar OARRIE M. PAY$OAI Nol" PIA)dD Nola , f%e c I,.EAL! en2 {yhit■tlelphl■. PndadelPnle counNr PA ti y J~' t~'~~~ mmis [ a to l0. t08! 1. the 115CIT: Yp/et], $eVelary of PA' •rA Insuf4i Codlpany, t]0 berl teel'It, Ink (IN' df QMet POWER OF 01011 EY• OF IFFI rho • 'Oropin'A 6 0 lul'. Ilr and Corlecl copy 1$ SP a `hel'l I In wlnest whe•e01, Ipp}},,vp Pe I mV n e At 90cfelAly, And albked ihd ru[,{y10:9o Peal bI life Celpbfdtron. 'IF JAI ~70 N'O ~1 l I THIS POWCIt Of ATTORNEY Nl1Y NOT t3E USED FO Fkl ANY BOND ~ ~ ' •1 bAAMvI fAyldA; Sa rn ev q WITH AN IN,LPTION ()ATE PETER _AU~Uei 1., 19 6 . r~-'y11'~ 179,31 Ply IF- it S A aarwY~a■E~,IIaslilal ~■YIMM stlalaa■I■IaYM`eNS1a~IWMaI~ • t Facsimile Cover Sheet To: MIKE BUCEK COMPANY: CITY Of-' DENTON Phono: 817.566'8333 FAX: 817182-7923 From PHIL HARMON w Company: UNITED SERVICE AGENCY Phone: 606-357.7427 d Fax: 606-357.7430 Date: 10/27/94 Pages Including this 3 cover page: r ,r r r.;cmmcnrs PLEASE SFF ArW;mar. •A tA..V ax ~••A /Rr t~' •ru' P,-A, Ar,L]R GAiI' a<v'.ah r'A RP `';rR Ar.v AF.' T Ar • • RI SAC. 15 ~i _Te.'Jk / fefn rc~q l4'IF11R(. K t1'~ A5x1 -C IVi110F'+ f~ A S H 'A'MRI f. k 7 .At v i VAf IN e .A + v9~.3 rv'0 GL V r .E h"G OY O • Cif a.. r.T`r,J w::AV- G ` eS . 1 r0hV ;>'..jlt IR'MAti 916 J%r.G Q}Cof•'.T SG L'~C71~J M C df rao w B F, F . A e 4r't. !i..S V.- yFARnQ Y°ir SgiO'A R' ~l U~ L S 1 ~A • TON CEGA' L ~A~ is I d J i~ ....,,y, w, wuJe:. iex•aay ye•ygt/y~.q Q ~p y J) t~S.. i, {1 i i n, w...,, »•-..e~.r,.w,. t.6"'}`t;SLir 'r r~'I 1~~Y . ~~ji}~F} r (y y'yFe,`i. iAS ~I'p t ,F~ t j t~Sl .S. {hrl~`;,If ~l T;w iPt:~e • • k,cn I IrIL.AA I c ur 114aUMA1Vl,L 0436$3 TI1.S Cd:HT F'CA IF S 'RS,IE', AS 4 ',1AI Ea C:F IN ORVA'.OU ONLY AUE3 CONFERS NO glGM'$ L"'CN Trl[' CiRiIf'CA'F " HCLCE:T. TH18 Cf..RTFCA`E XAS NGI nMPn'D, EX1EN7 OR ALTER TkiE COVERAGE AFFORDED BY THE POLICIES LISIM N ' NAML AND ADDRESS OF ADFNCY rLcTTEH V COMPANIES AFFORDING COVFAAGFS { United ServiCe Agency, Inc. _ Post Office Box 11766 A INSURANCE COMPANY OF NORTH AMIrRICA Lexington, Kentucky 40677 8 ATLANTIC EMPLOYERS INSURANCE COMPANY _ C PACIFIC FMPLOYFRS INSURANCE COMPANY NsME AND AnoAtsA UP IN♦;LRAD D #269WESTCIIESTER FIRE INSURANCE COMPANY APAC_TfXAS, INC. E TEXAS BITULITHIC OIVISTON H P. 0. BOX 2Y4048 G UALLAS, TX 75212-4045 I H TRIh U[e HIV IAht Wit' § PI ",AIY,ra I,314d IIk,OW Aele Cer• ti-id 'V Irv •Ir[VIAQ PATHS Almy. ,rn 5,A-i♦ b,fr A, IhH LT, ~ T'OLIG'/ I t.~m.u 01 L,Aniuw in •nbl.NAnn+ Imnl '~TNPAN~' ;IYE CF IN5uRAALE POI!':Y NUNBER CAPIRATIOU f FACH NO'..ICY DATE (1000AHENCF. AGGRLGKIC I Clt-NtAA, IIAH II'IY A :cN•m[IS,t •c ,r • **IAB 26607 12101195 PSAWhAl INILRY [ I HEY t!A'CKPh•' 4uJ ItIULIIUINI, ' t16DIIY iNJtlAr YVInI~CU nnC C0..N•S[ PROPERTY DAMAGE , i ryT ,GNRG i . i ' 'XI r•o a sJ4cNr,r,[a I - y ghrAel lN. AIAq, V I 1 at eXWAA.CI.AI 'wAAAC! ! PFAAMNAI INJURY I Y tAe AO 12AU aAytT-• ll ~/DDIIY INJURY AW);) 2 600 I[ 500 f ' 2 J CAVArr 'PROPERTY VAMA61 t ADtpzhJtN• t4ViRA:•: Pf COM11140 I I I u'• N'o ' DDlIY ~NJUMY iy MOfil1 F I IARI INO At 5V0 A IXI ccvNAr,[NFIN, aoAN i I Ali 76607 i 12101195 0"M YPf,<1 6% !s IIYI pACM Orf JRENCG f Ik LPNV YNIY LAMA W I:R; V4N nNh'~ '1 t[I[Y INJIJRY ANO rnrPrY , ~ CAVY nPIl.AMAnP 20600 I FY•CFS6 0,46'1. Y O X A k+6?,4-7148703 12 ~ ,YMI,,A ,p AM /01/94 le~~ et,En "AN 1WI46..A 'Jhe I11OD1,Y INJURY ANDit 14500 A IIISDO PNVPENIT CAMA(% I I Y.pMUIN, II I 1 **RSC C2•dc a- - i--- - 4 NSC C23571260 ATATUronY B RV!tAiNE' :OMPENSA'flJn RSC C23571226 1.2/01/94 J I. NPI r1N<^dl IYOII rtY WLR C23671286 10000 C WLR 024242237 ARCM ACCIOENTI i •1566 9ott t l y • ~,Y Uxner•' Protcchtvc ::ffectSV1 t 9U0 IR1JN i { LI'W1fty ;asurince S1.P GO sI Iy 5u 6 10121!94 Pr .t^t i 7 .,•h'.iIN ijr :,1•Na'fK.')"P hNS O. - I { c~4oeL.ATI01, '~gA/yL0 ANY OF THE ABOVE-fESCRI ED POLICIES BE CANCELLED WORT THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS • WRITTEN NOTICE TO THE Bt.LOW NAMED CERTIFICATE HOLDER* OUT FAILURE TO MAIL SUCH • NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY NAW A',O ADDRERA Or'CeI17iAU7AI1 H0.711A DATE lAe,,E~ _$EIlI F,D~_~SSAhILL..x.Zz. 1934 TNf CITY OF DENTON 215 MCKIN.NEY OENTONO TEXAS I . AufltonlzEO t dN rt • ,1 r• 4 f15 l; 1 ,_I~'I +'i u. 5ii r)!}.~I~11 µ~I ~1 0 ,1 • I I ! t 1 1 ! Ir ~l i~ Q 1~tU4~Ji ~ ~~tA u t4D t r! "THE CITY OF DENTON SHALL BE AN ADDITIONAL INSURED, BUT ONLY IF REQUIRED BY WRITTEN CONTRACT BETWEEN THE CITY OF DENTON AND APAC-TEXAS, INC.; ONLY TO THE EXTENT OF THE INSURANCE LIMITS REQUIRED UNDER THIS CONTRACT; ONLY AS TO WORK PERFORMED OR TO BE PERFORMED BY OR ON BEHALF OF APAC-TEXAS, INC. UNDER THIS CCNTRACTI AND ONLY WITH RESPECT TO OPERATIONS BY OR ON BEHALF OF APAC-TEXAS. INC. OR TO FACILITIES OF OR USED BY APAC-TEXAS, INC. **WAIVER OF SUBRMIION IS PROVIDED 10 FAVOR OF THE CITY OF OtNTOM BUT ONLY IF REQUIRED BY WRITTEN CONTRACT BETWEEN THE CITY OF DENTON AND APAC-TEXAS, INC.1 ONLY TO THE EXTENT OF THE INSURANCE LIMITS REQUIREO UNDER THIS tONTRACTI ONLY AS TO WORK PERFORMED OR TO BE PERFORMED BY OR ON BFNALF OF APAC'-TEXAS, INC. UNDER THIS CONTRACTI AND ONLY WITH RESPECT TO OPERATIONS BY OR ON BEHALF OF APAC-TEXAS, INC. OR TO FACILITIES OF OR USED BY APAC-TEXAS, INC. g i ,f f fy c' 4 W t • i 'iii AYtM0111 1 IA ~'!J f 1 °aJJ Jh~fi ip~-~ s ctct .~+-Y,M NMI iIYQ1 t (S;~ ~ HI e... A.. Y4,+IY '-w. .MLtWM~1\M!.4+1~ is .1 +7i'y,L 1 ° '°7P+ i ri: .v • 1 I ` d I I r n r I t ~ t r a j~n ~ ~ i~ a a !r t ~ ty t , . •'~lij., rv,< L, i.~cL[%~':~i. 'i. oOO~Q oa~~i ~D~O~O 00'{ e • O Nt0 N Q~O , ~~QpA004~Q~~ 1 rr ,l i • i , ~y an ~y1.y. t 1r1 ! 5i ~ >t r i I i j i i I ' AAAOOD97 i PROJECT NO, CONTRACT NO. ~ I TH£-STATE OF TEXAS 5 pEVE .OPM .NT CONTRACT COUNTY OF DENTON 5 Whereas, Fred Gossett and Kent Key hereafter r !erred to as "owner," whose business address is I Vga k~ W,,`6rrM e Texas J1a71~1- '1 ~s 1 o S" ~ a st_C ntc , is the owner of real property located in the corporate limits of tho 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"; 1 and Whereas, as a condition to the beginning of construction of said d©velopment, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other „ improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City0s specifications, standards and ordinances; and (select applicable provision as follows) Whereas, the owner olects to construct the Improvements without contracting with another party as prime contractor, in 4 which case the provisions of this'contract which refer to "Ownsx" or "Contractor" shall mean the Owner as named above; or 07 ....._..:r.- ..-...M~._ . • • . + ,,";n , t.a ,i,A~ .H1ft~!s!9,SiN,V.J.'riz` ~1?iF„d a.. ~Y~a.ia nti a• ~ Wncread, the owner elects to make ouch Improvements hereafter set fotth 'by contracting with DBR Construction Company, Inc, whose business address is 521 North Locust Street, Denton, Texas 76201 , hereafter referred to as "Contractor"J and whereas, owner and Contractor recognize that,the City has an inter eat in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor/ WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at unv ac residential subdivision In south central Denton, Texaa called THE OAKS OF MONTECTTO, PHASE I _.r the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as followst • 1: Cm enanto of Contractor, Contractor agrees as followst (a) spacifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III 'of,'the QityLs fi=j ,d' • Socifi a Qns for Public Worksonstruation North Contra Tsxj, • as nmettided, and all addsndums theroto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 , • ! i r ;Vi, is JL- s • ,..,.,..,.:.w ntu ho-.nc.:N4v nn„nv.Ym .::....u i specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority pf City Enainearr Inapactions. Tests and .orders. That all work on the improvements shall be performed in a, good and workmanlike manner and to the satisfaction of the City Engineer or his rep'r.asentative. The city'Enginmer shall decide all questions 'which arise as to the quality and acceptability 'of materials furnished, work performed, and the interpretation of specifications. The contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto, Any work done or materials used without suitable inspection by the city may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work { or materials, or to follow any other request or order of the City Engineer or his representative, the city Engineer shall notify the owner of such failure and may suspend inspections of such work E until such failure is remedied. If such failure is not remedied to r • the satisfaction of the city Engineer, the City shall have no obligation under this agreement to approve or accept the k improvements. I PAGE 3 • . . .x. ar~b~sl wasp 2:rv rn e r .r I I (c) Insurance. To provide for insurance in accordance witt the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the ,Standard Specifications for Public Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference) provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may ^.hoosel 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. MgtuAl Covenants of owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Sondsr Escrow 1►g~aement, 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 1 public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Codes (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as • determined by .,is City Engineer, shall be submitted ~ • ~ guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the Stato of Texasl or, PAGE 4 l krxh$~5 r 4t;Cl ~r f i q. 4° i . i 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 comolste the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvementa. Without exception, the City's escrow agreement form shall be used: (b) Payment Bonds 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 (1004) of the approximate total cost'of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction o" the improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas or, (ii) if the total contract amount of all Improvements is $50,000 or lass, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development,') as defined by City's Development Code, and a payment bond has not bean 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 acceptancs of the Improvements, J the owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there i are no unreleased recorded liens filed against the i i Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PACE 5 - 1 , i a.A '.dr nvrv .Y 1<, o. VI IK AV 18 Mf'n\rTil nr1lr lolh'+.\ r.-Ni +rrs ~i. material for, the 'construction of the Improvements, and, when requested, written statement from any or , each of such subcontractors or suppliers 'that they have been paid in full. (c) Setainaa'ei Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree.that.the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money 'due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied, (d) Encumbrances. That upon completion and approval or acceptance of the improvements of the City, the improvements shall .'become the property of the City free and clear of all lient•, claims, charges or enaumbrances of any kind. It, after acceptance i of the Improvements, any claim, lion, charge or encumbrance is made, or found to exist, against the improvements, or land dedicated to the City, to which they ere affixed, the owner and C,gntractor shall upon, notice by the city promptly cause, such claim • • • lien, charge or encumbrance to be satlsi,ied and released or promptly post a bond with the City in the amount of such claim, PACE 6 r s • '~+-*r ~ , ~'s.Ya , 1 ' 3ly~~~ ' ar tl,y~w ' I,ty Y~~w/ i :.e.ee•.•e,rvc]>nur,A/LLCV.1 eJr•y.MAt1'poeo/t.,, .ny:na . i' lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. (e) Mgint2nance That prior to approval or acceptance of the Improvements by the City, to furnish &,maintenance bond in form and substance acceptable to the City, in the amount of tan -percent-(10%) of the contract amount of the Improii,unnts, 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 ba in favor of the City and shall be executed by an approved surety company authorized to do business in -the State of Texas. (f) Lukmnifidatidn'. To indemnify, defend and save , harmless, the City, its officers, agents and employees from all suite, actions or claims of any character, name and description brought for or on account of any injurias or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction ie of the improvements; and shall pay any judgment, with costs, which i may be obtained against the City growing out of such injury or j damage, r (g) Agreement Controt,i 0 r w. That the provision of this agreement shall control over any conflicting provision of any contract between the owner and contractor as to the construction of the Improvements. PAGE 7 i ~v.a.a• rn«..»n .~.•yr.n•. r•..w1M -..i;,..,...~ ` . xg 4)4 r i • 1 f i i 3. Occugancvr 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, I~ (b) That if this contract applies to it "one lot t development," as,defined by City'o Development Code, and no 1111 performance or payment bond was required or submitted for the improvements that are to be dedicatod to the public, the owner shall not be issued 'a certificate of occupancy for any building constructed or located therein until all required publio improvements have been completed and accepted in accordance with this contract. 4. covenants of City, That, upon proper completion of the ; Improvements in accordance with this agreement, the city agrees'to accept the improvements. S, ygmyf §ad Goye+rninc 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. 1 } x PACE 8 0 rl r r ~ 111 i i • I { 6. ~gucessor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, &~day of AA~f , 19' d~. CONTRACTOR Fred Gossett end Kent Key DBR Gonstr lion c. BY: BY: EXAS CITY ZGERA BYt ATTESTt / „JENNIFER WALTER, CITY SECRETARY APPROVED AS TO LEGAL FORHs DEBRA A. DRAYOVITCH, CITY ATTORNEY S BYt c~ • 4 PAGE 9 i 4 CONSTRUCTION of GRADING, UTILITIES, STORM DRAIN and STREI i' PAVEMENT The OAKS ol'MONTECITO; Phase '1 ` EXHIBIT A BID FORNj This Bid Is submitted to: Fred Gossett and Kenf Key e /'80••7 yn/s"T/Y1 ~n slGt: Denton, Texas 76 Q5 f The undersigned Bidder proposes and agrees, if this Bid Is accepted, to enter into an agreement with the Developer (using the form Included in the Contract Documents) to perform and furnish all Work as specifled or Indlcated in the Contract Documents for the. Lump Sum Contract Price and within the Contract Time Indicated In Os Bid and in accordance vrlth the other terms and conditions of the Contract Documents. ' By submitting this Bid, tho Bidder attests that he read, understands and will comply with all instructions to Bidders, lilus all other project Contract Documents, The Bidder has familiarir d himself with the nature and extenfof the Contract Documents, the wekt the Project site, the Project locality, and all local, stale and federal Rules, Codes, Laws and Regulations that In any manner may affect cost, progress; p0ormance or fumishing of the. Work. The Bidder attests that he has given the Engineer, written notioe of all conflicts, errors or discrepancies that he discovered In the Contract Documents and the written resolution thereof by the Engineer Is aoceptabls to the Bidder, The attached unit price schedcule shall be completed by the Bldder. However, it will be used only ~r to establish unit prices for additions or deletions to the Pro act which are authorized by Change ■ Order. The Bidder acknowleclos that NO CHANGE ORMS ARE ANTICIPATED FOR THIS PROJECT. The unit, prices. will probably not be vied at alto and if used would be for a change In Project scope Initiated by the Developer and agreed to by the Contractor. The Developer acknowledgas (by signature of the Contract Agreement)} that these unit prices would aply only to changes,tn Project scope whI h do not.total mare;ihan twertty.perceot (20%) of the' LUMP SUM CONTRACT PRICE; changes larger than than, would be based on pricep' nogollated 1 between the Contractor and the'Doveloper.: .4. 1~ - _ _ - _ w?.r'R~'`•"' ~~`~1 _ n`T' :iiw 4, t ;h' ~.y n, Yt4A.} ~G~~~ • . .vb •.rNq ni41lht!+M1IY:'MM1 ,gar^,1e 4p:n n.,.,, , _ II f EXHIBIT A SANITARY SEWER SYSTEM Item Descriptlon, Bid Uplts' Unit Item No. Quantity ; Price Amount 1 10' PVC Ptpe {G e'QuoP) 74 LF. $ 9' S 24 , i, 2 10 PVE. (8'40' deop) ' 139 LF. ? 1 3 3 ~ 07 a 10' PV6 00'•17 deep) 102 LF. o o 4 10' PVC (12'•14' deep) 174 'U. 8 10• Pvb (14'•18' .doep) 175 t:F. y, 7 v 8 10' PVC (16'•f6' ) 111 0. .2'1, 1 7 7 10• PVC (18'•20' 'deop 131 LF, 0. 8' PVC ripe (6AVdoep) 402 L):. L~ ps U 9 6• PYO (1d'•17 doop) d9O LO. O V 10 PVC (1744' 400p) 248 L.P. r4) U 11, 6' PVc (IV.16' deep) 383 LF. 12 8' PVC'Ir-Ir deep) 230 LP. ! V 00 13 Cr Dla. MH (a%10' do-op), 1 Bach 14 5' Dla. MH (744,' doep) I Bach L/h, ~v IS V Na. MH (14'10' doep) 2 L'ach !L'P, Ov •p 67 16 S'D1a,I4H(18'18'deop) i Bich ~t.a /7/011 4), .4 17 '4' Dla, 4H (0'$' doep 1 each 6'01_2 > > la 4'D11. wIH (6'la deep) 2 Baer j o 00 19 4' 'Dla. i (17.14' doo) ' 1 P-ech !'U 20 a• cleanoo 3 Bach' , r1 PCB 21 4• HoVae 80n4n 04 Bach Pr VLP 22 coMn to P,e 8rxet 1 Pau`I = O l+ L' O(/ 0 G 23 1 NO Trench DackU 458 Cyr. od 3 0 e]0, 2. wk4ty Crook PA 1 LD. rtepalr ( 0 23 7roneh Bafe P I Li v 410 a 0 28 )+Oao k Compete' 1 L(i, (j TOTAL. PROPOSED (or SANITARY SEWER SYS'T'EM e~7 (Write the Sanltary Sewer System.Total on page 10.) • NOTE: All prices are for the particular item complete, Installed In place In acceptable • • condhion. r Bidder anticipates us)ng (j Precast, Cast-in-Place or j j both types of Manholes on fi this project, i •S• . t ~.y...._...........•-..r. »....«..,-yM... _ K. t.' ' ~,~y x';'-c t}.~l~ ~i nth a~ ef'~T ~M r t 3>.~_.~~. .'f. ,i a vfTr~z ~I1~+~.y~l*i'+.`9~~4'~~i~IR 41. 1!• y ,e.y r J • i i + I I 1 , .,_.o.C.a r ,.y.,~~nugx•++Anwnx!n'h.14A1y,.j{d931 YNNMIMNrivM1146'wlu ts~NbM 1:µ EXHIBIT A ' SANITARY SEWER OVERSIZE ALTERNATE Item' " O'escrlptVon Md Unlts~ Unit Item No.: Quantity Price Amount 1A' IS' PVO PWe (0'-0' 74 LP, S $ deop) 7 7/J Y I :A , 15' PVO (91•10' doop) 109. LF. OA . 15' PVO (17.17 doep) 102 LF,: 2110-4f. + 4A 16• PVC (17.14' deep) 1,174 LF,, Q4' EA . 19' PVC 04'•16' deep) t78 LP. . I 6A 19• PVC (16%1W deep) III- Lf. d {y 7A .1a• PVe 10'•20 deep) 101, LF. . .-V- v, 6A Trench usy Pio"M 1 Lai .S06~ D !J prJ p C~ ~l 9A 147ea to Comgelo 1' L>0,/ J d 1 'FOTAL'PROPOSliD forSANI SEWER OVERSIZEALTERNKrE (Do N-QT-Include prices for 1A-9A In bid total) . i • ..,~`''Si' !r• , i ~h9 t ~SSrl1 ^It~4 ' , , -'A'TM 6% ° t Oll • EXHIBIT A STORM DRAIN SYSTEM Item Descrlptlon, Bid Units Unit Item No, j Quantity Price Amount . I Ditch ExcavaUOn L 1,433 O.Y. 5 Shaping a" 0 2 36' PipO 244 LP, f a t> V v C7 S 24' Pipe 40 I..P, PP 4 21' PI 627 Lp, O G 6 All (30')' safal', w 1 Each } wl Pipe Stinnam _ /)OA, O O~n O G 8 6:1 (24') Salely End I tech , ) ~L1Gy 4 r r,1 {217 sale EnJ 1 Earh ~D C D 8 T" a (211 Head"ll 1 Each 0 6' Jwn uon Box I Each ' ^0 p U L~ SO S' IAH 1 Each I1 4' MH I Hach OJ7 O 0 / UP. D l' 12 17 did, Curb Inlets 4 Each 13 amulad Bock Pad 3 Each C'C d (b 14 1 Sack Trench BgVln' 112 O.Y. C 0 19 Trench 8alaly Proaam 1 t8, ~l7(7 OJ Zl 10 ,Insa 10 compial9 1 Ls, i ~9 d D U ' I, TOTAL. PROPOS8E) for STORM DRAINAGE SYST15M 61Or p G'7 1 (Wrlto the Storm Drainage System Total on page 17.) NOTE: All prices are for.the. particular atom complete, Installed in place In acceptable condition. ' Vdder anticipates using.[ J Preca,st,'14 Cast-In-Place or (J both types of Manholes-on this project.' t I ' Two materials; are acceptable for storm drain pipe In the C1t•/ of Denton, The Bidder • proposes to use O Class IN RCP, N Aluminized Type II Spiral Rib Corrugated Metal Pipe, or ( j both types (check one box) on this Project, ` • • .7. ' . " _ _ 1~ItQ" , r.. :','4 ii ~4 ~,eit'aY,i tZ?'.,y%~5: ~'~4 ~k~ p%'' ;w "'*A 'y1eMF' P. t f 1 1 r'`.^+IiJd,Si ta.in"ti2rp:{r`"rihYltrv.'1L%':tS"P?'d.{Lf.'~,sot'1',Y1'rf4~SiRL?41~i1~41A~~I~~b~MItLT/SbidLlgtitk+raKwlnNrrrrdw..e. ..r.,..-. LXHIBIT A WATER DISTRIBUTION, SYSTEM i stem Dpi crlptioh Bid Units, Unit Item No. ? Quantity Price Amount -i I .1 e9 r1 C~ 1 8' PVC NO 772 'LP. $ D ~C1 $ 2 8• PVC Pipe 1.424 LP.. 0 z ~.Od I 3 8' 89re al Hk" C40 1 L3 PA 1Com 4te) O-Ppel P ' DUG 6 + 4 I2'x'8' T30 i L3 no Ol4) 4 I d G'U6' G~ j 8 2' B(pw ON Vats 2 each ~ ig" 8, 8' F4 Hydwl 4 Each. II (Compete); •(3 on e' main a I on V M' W) D~ 7• '1- Tarp (com ;a1ej1 04 . iatb d t) 0 0 lD e, 0 e 8x8' Cross 2 Cach~.~ 7J 67G !~U 9 8. oat$ viNl 2 Each 1 U Cl C.`O O 0 10 8• Gate Vah e 4 t soh el U / 9 Ci t I 8k4y oo9roe florid 2 Each 0 Cs 1 G 12 B' Ptuq w72' Btovr 00 1 Etth o U 1 7 G 13 C' Ploq We'slow 011, 2 Bach p0 a v e is 14 1 flack Tronch 846NN 849 O.Y. •l'~D' es) n n ii y 16 Tronch 8a4r/ Program 1 9. C%O r7 l7G' !.'d'.. 16 ww*06 oorla to - I LB. s comgate 3/ .D 7j UU TOTAL PROPOSED for WATER DISTRIBUTION SYSTEM • i~ c~ (Write the Wator DlstributiorrSystem Total on pa~e,t0,) Complete fro I m.malnIto curb stop and-motor box; Including corp. stop`end i' Type K copper lead pipe, . NOTE: All prices are for the particular Item complete, l6aWled In place.in 6 dopthbie ' condition. 0 t S ~l . Alp • '...r. ..:::.n...,...l~:.in XVkSHi.f.,Y.liru?A+'T*Iftl :f #'Md'~di.blfdel3lT.'+6: a.:fH.i.«,nN~lr r«n~l.a er~•~:.:~.. EXHIBIT A STREET PAVEMENT Item ; Description Bid Units Unit -Item No. Quantity .Price Amount I Exavaoon (spread on 6,756 C.Y. S .0 S Iola) . ~ P O D- 2 COmpaoted Fl6 140 C,Y, O O J O D 'Ume Stab0lted 7,046 S.Y, Sbode D V .A 6o to Curb ricotta X3,666 LP, - .(rapor- Curb A each SAC •In1eroa0d [or, 'Fuluro , naM a 6 5: HASAO 4,600 S.Y. U O 6 •M8eF9~ Bardade 3 EA6 0 U'd OC7, h 7 Ytaldo salely Program 1 I.S. h'0 D t) u~ e)C 6 Mheelf moue to t LS. (omplala del TOTAL PROPOSED.for STREET PAVEMENT • S ,A4 fjl/ dG1 (Write the Street Pavement Total on, page 10:) NOTE: All prices are for the particular item complete, Installed in place In acceptable condition. 'y a. n 'r -:10 , +N • .i ~ +'.:1•~.i~t+•.ihv.=l+i„'.iKP.1w;~:`1~W,ArNI~+iVY'Sl:iV1.SY$V,~IMSJivP iFKU.i:Ytj~f EXHIBIT A The estimated quantities shown'in the tables were prepared for Bidder convenience. By slgning th6 Bid Form, the Bidder attests that he has confirmed orcorrected the estimated quantities and has based his bid on h1s own. Independent' analysis of estimated; quantities. The Bidder is encouraged to cross out the estimated quantities shown in the table and Inserf his own values j In ,their place. ! SPMMARY OF BID AA40UNTS: 11G,87b.07* r Sanitary Sewer System Total p $ 51,010.00* ; Storm Drain System Total d ,Water Dlstribution'SMarb Total 90,544.oo* Street Pavemont Total r 141,510.00* LUMP SUM CONTRACT PRICE 4 399,940.07* 30,325.28* SAN.-SEWER OVERSIZEALTERNATE $ The LUMP SUM CONTRACT PRICE. must equal the sum of values shown In the AMOUNT BID column. Where there is a discrepancy, thrj lower price ivlll be used. The Bidder shall complete the Work, Including all inclderital tasks known or unknown at the,tfine this Bid fesubm€tte'd, for.the follpUring Lunip Sum Contract Price: - Three 4undred Ninety Nine Thousand LUMP SUM CONTRACT PRICE: Nine Hundred Forty and 071100A* ($3991940. (worts) (numbers) The Bidder• shall complete the Work for the use and enjoyment of the Developpeer within +44calendar days (a maximum of seventy-five days Is suggested)'folfowfng. receipt of a written Notice In Proceed Issued by the Developer or his, designated representative. The Sidde• proposes that for each calendar day completlon of the Work is delayed beyond the stated numh,er of calendar days, the Lump Sum Contract Price shall be reduced by Throe Hundred Mid No/100 Dollars (300.00). (Paragraph 12,4 of the General Conditions will apply to. delay of project completion.) i (The BID FORM Is continued on the next page.) ! I 1 • • • . t0- r 1 qj TVA i I .j; { .,N...~aa.4....a..aM OwtatMtxN!~'iCirowdl~llvWhAQltlil~JSrK*SkWYMMafrtlbin MY•HMrav~t,'.. rw.. I~t s EXHIBIT A I BID 17ORM SIGNATUNE PAGE [ This Bid is submitted this 91 Oatober day of 1994. DBR Constructicn Comp Inc. Bldder/Contra r - By. • lure of fioer (If a corporatlon) Don Richards Name. Fo Box 828 Street Address Dnnton,TX 16202 i,. CRY, State and Zip, Code' y,. 817/383-340 s i Telephone Number i • t •t1• l MR- W-W • BOND PREMIUM BASED ON FINAL CONTRACT,PRICE BOND EXECUTED IN THREE 3 ORIGINALS PROJECT MOO COH'1'MCT 110. PERF MUNICls HOMO ? BOND NO. TPI 03792030 f THE $TATE OF TMS S KNOW 11I.[, >i£N HY THESE PR&4ENTSs COWNTX OF DENTON S That DBR CONSTRUCTION COMPANY INC., 521 N. Locust Street, P- C. Box 828, Denton, Texas 76201 I t of Denton County, Texas# hereinafter called principal and TIC PREMIER INSURANCE COMPANY, 70 W. Michigin Avenue, P,O. Box 1998, Battle Creek Michigan 49016 a Corporation organised under t laws of the state of Califori and authorised to do business in the scat} of Texas, tielelnilt called "euretyt are held end firmly bound unto the City of Denton, Texas, a X"luipai corporation, in Denton count;, Texas, hereinafter call*4 "City" in the penal sum of Three Hundred Ninety-Nine Thousand Nine Hundred Fort and 07/100---------------- 399,940.07 Dollars, lawful coney of the United states, tar the payment Of which sum wall and truly to M rude we bind aurseives, our heirs, executors, administrators, and successors, jointly and savsrally, and firmly by these preoentes THE Condition of this Obligation is such thatt MHEMS, the Principal entered into a certain contract with owner, dated 11th the day of ' November , It 94 , in the proper parfortaanoe 'of which the City ^Of enton, exaa, b AN An interest, a copy at which is hereto attached and made a part hereof, for the construction oft Sanitary Sewer, Water, Street Paving 6 Storm Drainage at a new 34 lot subdivision in South Central Denton, Texas called The Oaks of Monteciro, Phase I NOW, THEREFORE, If the Princl'pal shall wall, truly, and 'aithfully caune to be performed and fulfilled all of the indertokinge, covenants, terms, conditions and agreements of said !ontract in accondanCl with the Plano, Speclfitations, and Contract Documents during the original term thereof, and any extension hereof which may be granted, with or without tlotioa to the surety, !'ACC o"Y.. i i i I 1 and during the life of any guaranty ra mired under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreasants of any and + \ all authorized modifications of said Contract that way haraafter ! bemada, notice of which modifications to the Surety being hereby waived; than this obligation shall be vaidl otherwise to remain in full force and effect PROVIDED, further, that if any legal action be filed on this end, venue shall lie in Denton County, AHD, that said eur'.y, for value received, hereby stipulates and agrees that no ohange, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, specifications, Dravinqs, atc.,' accompanying the same shall in an ise affect its obligation an this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tam$ of the contract, or to the work to be perfaMid thereunder. TN WITNESS WiiM=F, this instrument is executed in triplicate, each one of which shall be chewed an original# this the 11th day of November PRINCIPAL SUREi'Y ii 1r s DER CONSTRUCTION COMPANY, INC. TIC PREMIER INSURANCE COMPANY r Sit: BY 1 CHERY HIIMPHREY ATTUT i -SECKETARY . • NOTE: POWER OF ATTORNEY CiF sURETY MUUST BE ATTACKED. DATE OF BOND E MUST NOT At PRIOR To DATE of Comm i • i • i , PACE TWO i x..a-.>a..rr~w..usa:xrewl~li r ~Sy~ fr 4 < f i "Now r »......~►.,.r._-.. ~y ~i, ur~ ~~f't a,AN~I r M0*,t1t .i1 ti Malawi • • BOND PREMIUM BASED ON FINAL CONTRACT PRICE PROTECT NO. BOND EXECUTED IN THREE (3). ORIGINALS COW ACT NO. Phymm 40146 + BOND NO, TPI 03792030 THE STATE OE TSSAS COUNTY OK DENTON ~ "MT DBR CONSTRUCTION COMPANY, INC., 521 N. Locust Street, f P-0-.Box 828, Denton, Texas 76201 k of Denton county,'Cexar, hereinafter called principal and TIG PREMIER INSURANCE COMPANY 70 W, Michigan Avenue, P,O. Box 1998, Battle -Cr-e-ek,,- M.ichi an 49016 a corporation "Anieed under the lave of a State. of Ca ifornia and authorised to do business in the state of Texas, here naer. Called e8uretys are held and tlraly bound unto the City of Denton, Texas, a M[un~oipal Corporation, is Denton Couaty, Texas, hereinafter called eCity , and unto all persons, firms and corporations wto say furnish materials for or perforu labof~r upon the buildings, structures or iaprovements referred to in the attached contract, in the penal sue of Three Hundred Ninety-Nine Thousand Nine Hundred Forty and 071100-------------------------. (`399,940.07--------- 11 Dollars, lawful money of the Qnitid Btates,"' j to be paid in Denton, Denton county, Texas, for the payment of which sum yell and truly to be made we binA ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this obligation is such thati • WHIMEAB, the Rrinoipal entered into a certain contract with owner, dated the 11th day of November 19 94 , in the proper performance o which the C y o non, exas, has an interest, a Copy of Which is hereto attached and made a part hereof, for the construction off Sanitary Sewer, Water, Street Paving 6 Storm Uraine a at a new lot • • • subdivision in South Central Denton, Texas called The Oaks of Montecito. Phase 1 I PAGE ONE y Now, TilgREroRs, it the principal shall well, truly, and faithfully cause to be performed its duties and inks or cause l Contractor to crake prompt payment to all persona, fires, sub- contractors, Corp4rativns and claimants supplyinq labor aad material in the prosecution or the vork provided for in said contract and any and all duly authorized modification of said Contract that fay hereafter be Made, notice of which aodificatiop x of the surety is hereby expressly waived, then this obligation shall be voids otherwise to remain in full force and effect, r~ provided further, that if any legal actign b4 tiled upon this bond, I venue shall lie in Denton County, Texas. t AND TUT said surety for value recsived hereby stipulates and agrnos that no change, extension of tine, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plane, Specifications, Drawings, etc., accompanying the $AM$ shall in anywise affect its obligation on this Bond and It does hereby valve notice of any such change, extension at time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. 1 IN WI9'NE28 WHEREOF, this instrument is executed in triplicate, each one of which ahakl be deemed an original, this the -1I0, day of November , 19 94 , p. ' i' PRINCIPAL SURCfY DBR CONSTRUCTION COMPANY, INC. TIG,RE IER NSUIMCE C jq! - ' 111 d4 r '16 961" 001, (1 Bye CHERYL L. HIMPHREY C/ ATTEBTe ij t(OTSi DATE OF PAYMENT BOND MUST NOT' BE PRIOR TO DATE OF CONTRACT. f PAGE TWO zFf ' .,wr+w.~w.vti.+,wn r f JJ x ±1{1., 4~Yrh o /J& f f 1 r td . r.~...-+.+r.... a ~w..ay+My.~.~..uq..+w1,,~.►.f. rM~ h. g~, i i'~r y ~ . ,r s 1 BOND PREMIUM BASED ON FINAL CONTRACT PRICE PROJECT Rol CONTRACT NO. BOND EXECUTED IN THREE (1) ORIGINALS BOLID NO, TPI 03792030 CONTRACTORFS WNTENANCE DOND (DEVELOPMENT CONTRACT) THE STATC Or TUAS S COUNTY or DrxTOH S KNOW ALL MEN mY,THt88 PREBENT81 TMt DBR CONSTRUCTION COMPANY INC. 521 N. Locust Street P.O. Box 828, Denton Texas 76201 of Denton County, Texas, hereinafter nailed Principal and TIC PREMIER INSURANCE COMPANY, 70 W. Michigan Avenue, P. 0. Box 1998, Battle Creek, Michigan 49016 a Corporat an organited under the awe of the plate of California and authorised to do business in the state of Taxes, here nA er called MCuraty«, are held and firmly bound pntO the City of Denton, Texas, a RUniai al Corporation, in Denton County, Texas, hereinafter C411e4 •City" in the panel sum of Thirty-dine Thousand Nine Hundred Ninet -Four and 01/100----------------7 Dollars, lawful money of the Un tad hates, the said suet bai-nn-qq-to percent (10%) of the total amount of the bareinafter mentioned contract, for the payment Of Which sum well and truly to be Nade we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THS Condition of this Obligation is such that: NNERPAS, the Principal entered into a certain contract with Owner, dated the 11th day of November , 19 94 , in the proper perforwance of"which the city o non, Te>tits, has an interest, a Copy of which is hereto attached and made a part hereof, N !ar the construction of: nitary Sewer, Water, Street Paving 6 Srorm Drainage at a new 34 lot subdivision in South Central Denton, Texas called The Oaks of Montecito, Phase 1 PAGE ONE y • j 3 • j I i W0Wj THEREFORE, If the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the saw, including, but not limited to, any aettlingf 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 laborf then this obligation Shall be void, otherwise to remain in full force and effect. In case the raid 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 sateriala 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 thA Principal and Surety and that successive recoveries say be had hereon for ■yccessive broaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changV4, diminished, or in any canner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this coed, venue shall lie in Denton County, IN WITNE88 WHEREOY, this inatrutent is executed in triplicate, rach one of which shall be deemed an original, this the I" ►rh day rf _ November , 19 _ 94 • PRINCIPAL SURETY 'i DR. ONSTRUCTION COMPANY, INC. TIC PREMIER INSURANCE COMPANY Not •1.7001 r N. A C~ CHERYL L; UMPHREY I PAGE IVO > ,t gy k NOT21 POM OP ATTORNEY Of HWFt'd'Y MUST BE ATTACHED. DATE OF DOND MUST NOT sE PRIOR TO DATR 0! COOHfMCT. f ATTNTs 1 `''SECf~6TAHfY I ~ t • r~ pry ~i t; r .rrl a r, I 1 rnae "MME S ~ f wr.w..sr+r.•+4~w.~wMu~Mi.!'f,.*.`.u. ~~S"^.,: t~ 1~J6 iii ~1 IFFY/ 9~~~I~~~I~S ~K~t.Y, il. r 1 i IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurancet P. O. Box 149104 Austin, TX 78714-9104 FAX 0(512) 475-1771 tr fi PREMIUM OR CLAIM DISPUTES: , Should you have a dispute concerning your. premium or about a claie~ you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. i , i 3 I i t _....,r....... ,..,,-w s....afr^1"y'^tnn'• ...~ti ~~~Cl,k^TT > n~ ~ ~ ~ ! 4t .it2~ r • TI0 Premier Insurance Company 7! Administrative Office: Battle Creek, Michigan 'z fy. GENERAL POWER OF ATTORNEY l t GPd Power 0f Attorne vel Id on1 If numbered to red. Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office In Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint CHERYL L. HUMPHREY, SHANE A. HUMPHREY, V. R. DAMIANO, JR. __OR JAMES V. DAMIA 0 - of _ PLANO _ and State of TEXAS Its true and lawful Attorney(s)-lln-Fset, with full power and authority hereby conferred In its name, place and stead, to execute, CONTRA JI)S NOT TO ackn C Ie.dge an deliver GEED $1,250,000,00 _THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECFMBER 31, 1994" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested bytt~ its Secretary, e he eby ratifying and confirming all that the sold Attorney(s)-in-Fact may do Is made under and by authority of Section 35 of the bylaws, as amended, and duly adopts y the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be rep ~reveste with sentand act l foro and on behalf of the any or more the following provisions. ~y(s)- int-Fact hereby "Section t. Attorney-In-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity, consents of surety and other conditional, or obliQstory undertakings j and any and oil notices and documents conceling or terminating the Companys RAllity thereunder, and any such instruments on executed by any such Attorneyy-in-Fact shrill he binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witners Whereof, TIG Premier Insurance rompsny cas caused these presents to be signed by its VICE PRP.SIDE m and Its corporrte sari! to be hereto affixed this-( 23RD d A.D„ LrU A MIER )INSURANCE COMPANY Cj ' 11C PRE- MIER PRE ~ State of Mlchig;.n JU Y U 1, a,~t By."f!~ ~rV lid C'+ 1641 ,\qaI County of Calhoul+ 122~~_--- I Oil be thhes me~- tER - _ - day of ' - in the year _ _ t3ANCY 'f . t! ,Yt1oNn _ a notary public, personally appeared FRPD_ C, 4RAfG personally known to me to 4a the person who executed the within instrument es VISF. PRESIDENT' , _ i on behalf of this corporation there'n named and acknowledged to me that the Corporation executed It p NANCY I. RAYMOND NOTAm F J%LtC, C~UN fir" MS - My ( NIMUSI0N L0"M MAX 15. 1998 Notary Public I, the undersigned Secretary of TIG Premier insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney Issued by sold Company, and do hereby further certify that the said Power of Attorney is still in force and effect i And i do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TiG Premier Insurance Company and that sold Section 30 of said bylaws has not been amended or repealed as of the date hereof; • "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." i - GIVEN under my hand and the seal of said Company, this 11th day of November 19-_ 94 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ` A ~ G Secretary ATTACHED TO BOND N0,__ TPI 03792030 30024 C 01.04 r .707 :1~0 s jai "alas 6~H,l1;r'.S E~~#.~kij.~:hlst,~~fa~~'1'~`re'.~ti4~'•r'°~ft~:~t~.i aa':1s:.~ R6'A,. 6 '2{5 n. T N '1 •G'NAa ss~~,~tRt'44~'}i'~'~ t1A0Mn AND rnoouca Tm CRT1PICATI is tm"D MBA MATRR~OP RIPOIIWIiON OIN.Y OOWW IS NO RIONTI O►ON "M CINIMAYB HMIKR TIM C11" CATS DOH NOT AMIM IDLT[tlD ON ALM TN! CWMAM APfO11DMD BY TN NMNY A ov MMMOIDO ►OL1C" OBL.OW. W L NR, fWNo A C PANIE'S AFFORDING WVERAGE DaMOR Tx To"1114/1B COWAW A riMMy krrmR COWIPANY B Taw 0►o118rt1 NQAIp D 6 R cwwwvtw Co b LEA O Tom We* Ca" M FWW WO . _ Dal RIM, ► 0 Dot us cai►ANr DaIWt Tx 1016E LET91 D CONMNY.,. Lam E rrW iq TO CEATWY THAT THE POLICIES OF INSURANCE LISPED KLOW HAYS BEEN IWAD TO THE MgURER) NAMED ADM FOR THE POLICY PERIOD WDICATED, NOTWITHSTANDING ANY AEOUIREMFM. TENA OR CC,NDIT" OF ANY CONTRACT OR OTM DOCUMENT WITH RMMPECT TO WITCH THIS E MASURANU AFFORDED di THE POLICIES DEBCRMW HEPIM W BURAECT TO ALL THE TERMS, FJI~CLU9ICWS AND CONDITIONS OF V SUCH PFAPO7AUMQIfS THLIMITS SHOWN MAY HAVE BEEN KO"U By PAO) CUUM11. , _ 00: TYPE OF itImm" POLDv NIAl NOUOY MlO1M FOLJrv V~T1ON VIII TAE DM (MARL" DAYS RMWOYq j _ ~ s tRtBOLdO X , COMM OKK 004M UASLRY RIOIX4M tOMOAF AN. :6 0-4w µa x,. Omm PERSONAL I ACV. #V.W i1 X OWTNBR'J 1 COIITIVrC'foR'f PAM, BR lOmvm OWN 1 EACH OC*WEWE..... E 1001000 FEE OAMAK ('YY aw M) ,1 111000 _ A AUNMOBILS UMLrFY TCMATSTI/ _.OViTJ14 0W1JN Comma via" '1 ifg0000 i X AWT AUTO LAIT ALL OWNED AUTOS : . BOOLY WAY 1 X SCNEDNAEA AUTOS . M►w plnenl I~ X Wo AUTOS XNOW00" AUTOS : PVC P0° 4 DNIAOF IUILRY PROPUM OAM10E 1 ..I VOm LAAA Y EACH OCCtftWa ! I UrfuA FONT , X00 EN1E. 1 OtW THW LAMELLA FOMI WOMIRS OOAIlIUTq/l STAMOM LASS s EACH ACCABIE e1 },M A6I100781b000f07 01A1TM4 0401116 E DWAIR•P*rY LIMIT f1 1 6... 6MLOT M LAKrt1' r _ _ . OISCAN • EACTI DItOVEE :1 460000 ' OT IM OtlCllPIUII OF OWATIONLADOAT0N&WWAEHWAk TOM CRy Of D~ Nu AdNBan E NVa/W y PMLO ANY OF THE A20VE DESCRIBED POUIC0 IE CANCELLED BEFORE THE { EXPIATION DATE THEREOF, THE 1118W4 COMPANY WILL ENDEAVOR TO l C Of MAIL 10 DAMS WWMN NOTICE TO THE CENIIRCATE HOLM NAMED TO THE DOOM 161 a TMIOIM OL - LEFT, Mg I MUM 70 MAIL SUCH NOTICE SHALL IMPOSE NO OWWT10N OR ell Tx HIOI - LMKM OF ANY KIND UPON COMP p/ AGM 011 REIPIWAF EATWES, s, " 341 mom t }f~k~,'~'Tt"4) s~~~ A b • R , r f I ~ 1 4 1 .f ` t. I 7 I r i I 3 it • 1 , 1 ~Q444oaooo~~o M 6 0 r I 0 y ti A 0~~~00~]OOa0444~00~ i I 7 •~w..:-iYw,..r......-„W --M+^rMM+~.- ..-v : ~e~ "f M1r ~A~ ~i.r >Y1y1` I a ~O~~p o44000~~~0~ III opGA.` NfoO k ~aoaooaa4~o~' I a i 1 i t r ~ I • I 11'' I , -7 1 WOO- l~ Fit uSr r ,h f[ri y7~ 14 L ti tk Ye 1g ♦ k, • i • 1 ..,'r..'i:. .i:%!A Ih*,•:enY`t!. Of iY~ti~1~~~i1.a.~7t7Y~lF.SP.!}'JAVf!K71Cu~.uYO.fluAd~YM www..r» r • to D97' I PROJECT NO,. CONTRACT NO. THE STATE OF TEXAS $ € DEVELOPMENT CONTRACT COUNTY OF DE14TON $ Whereas, HERITAGE LAND AND DEVEtAPMENT M Mr.. hereafter referred to as "Owner," whose business address is i 2220 San Jacinto, Suite 200, Denton, Texas 76205 is the. owner of real property. located in the ,corporate limits of i:• 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 i Whereas, as a condition to the' beginning of construction' of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter y + referred to as "Improvements," are constructed in accordance with . 0'' the City's specifications, standards and, ordinances; and (select applicable provision as follows} j • Whereas, the Owner elects to construct the Improvements I without contracting with another party as prime contractor, in which case the.provisions of this contract which refer tq "owner" or "Contractor" shall mean the owner as named above; or .I ) .r.ww.N.~«-.-~...a►, y ;'.n~.t'~ i I ° 11. 5: 1~1~1J J~1~~15~f1S}~F~{~~I~~A~~~t~~EY~~~~~~~r~"~, ~S~~i~M j~l~ ~ ~ e' O + IL M-M ! ! • • •,.:;!r., n,'I: :b~% "r a5,. ~351c,(M'i"i1e➢b A$k~Yi~1WU1'J1~W'b•.4'ry1,{~.kNNMb?4wYe.wu.w..m.u ..,r. ..r... &I Whereas, the owner elects to make such Improvementa hereafter set forth by contracting with DBR CONSTRUCTION (O..1NC. whose business address is 521 North Locust, Denton, Texas 76201, , ,hereafter referred to.as,"Contractor". and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City0s specifications and that payment is made theretors 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 ; COOPER LANDING, SECTION THREE, PHASE B , the Owner, Contractor and City, inconsideration of their mutual promises and covenants contained herein, agree as follows: f • I. Covenants of Contractor. Contractor agrees as follows: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's standard • • • Specifications for Public Works Construction, !?cr*h Central Texas, as amended, and all addandums thereto, and,41,1 other regulations,, ordinances or specifications applicable to such Improvements, such PACE 2 A i , i i i I I { : .(f,. ~l: r ~':Ai+'}44:/'iS~~YLAA I{.,,:Ak:r,n rte,. r!„,kN 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: Inonections Tests and • , I fig. That all work'on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the city Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of Op'dcifipptJons. r 1 The Contractor shall furnish the Cicy 'Engfneei: or'Whi representative with every reasonable facility for ascertaining whether or not the work performed was, in accordance with the specifications applicable thereto. Any work done or materials used without aui'table inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to-allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work r or'materials, or to follow any other request or order of the City 3 Engineer or his representative, the City Engineer shall notify the 9 owner of such failure and may suspend inspections of such work • • A until such failure Is remedied. If such !allure is not remedied to the satisfaction of the City Engineer, Lite City shall have no obligation under this agreement to approve or accept the Improvements PACE 3 • • a (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division 1. of the standard Specifications for Public Works_ QnstKugtion, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "owner," as used therein, shall mean the City of Denton, (d) Means and Methods of Construction. That the means and a methods of construction shall be such as Contractor may choose; subject, however, to the Cityts 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. n. Mutual Covenants of owner and. Contractor. owner and .Contractor mutually agree as follows: (a),parformance.Bonds,, Escrow Agreement., That if.,buildirq , permits are to be issued for the development prior to completion and acceptance of all improvements that are to 'be dedicated to the • public, the following security requirements shall apply, unless the development is a "one lot development," as defined by CityOs Development codes (i) a performance bond in an amount not less than the amount necessary to rompletd the Improvements, es • determined by the C'.,ty Engineer, shall be submitted • • guaranteeing the full and faithful completion of the improvements meeting the specifications of the city, shall be in-favor of the City, and shall be executed by a, surety company authorized to do business in the skate of Texas; or, PAGE 4 ~ 7 u I ~ rr • Yes la. ,.nl Yd 51,i.~h: sN,v'A INI 11.-I ~ (ii) if the cost of completing the'ImOrovements, 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 Improvementa, as determined by the City -Engineer, may be deposited with a .bank. as., escrow agent, pursuant to. an escrow agreement ensuring completion of the Improvemants. Without exception, the City's escrow agreement form. shall be used. (b) Payme t BondI 8869ranC of Payment. That prior to acceptance of the Improvements: :(i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvementa, "guaranteeing the full and proper' protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,.000 or less, as determined by the -City Engineer, or the Improvementa, regardless of the contract amount, are for a "one lot development," as defined by' City's Development Code, and a. payment bond has not been submitted in accordance with (i) above, Owner'and-Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied • before acceptance of t'ae Improvements by the City j' and that prior to acceptance of the Improvements, the owner and Contractor shall furnish a written 1 affidavit, in a form provided by the City Engineer., stating that all bids, charges, accounts or claims j for labor performed and material furnished in connection with the construction of the • Improvements have been paid io,full and that there O • are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner 6r Contractor shall furnish a complete list of'al'i V subcontractors who performed labor on, or supplied Pl GE 5 ; • i i i material for, the construction of the improvements, F and, when requested, written statement from any or each of such subcontractors or'suppliere that they have'been paid in full,. (c) EltilinAgg. ELU payments. (This proaision (c) applies only where the owner and Contractor are not he rams party.) .That as sacurity'f6r the faithful completion' of the improvements, Contractor and owner agree. that the owner shall retain tad percent of the total dollar amount of the contract price until after final . approval or acceptance of the improvements by the City. The Owner r; shall thereafter pay the Contractor the rdtainage, only after „gontraetor has furnished to. the,owner satisfactory evidence that all indebtedness connected with the work and, ill sums of money 4ue, 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 Gity,• the improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. re, after acceptance • of the improvements, any claim, lien, charge or encumbrance is a made, or found to exist, against the improvements, or land dedicated to the city, to which they are affixed, the Owner and s • Contractor shall upon notice by the city promptly cause such claim I ~ • • I lion, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 r.: , • _.._.._.....~..:_.-~..r+:.e~P.+.._,. ~r+• rte., i ~~',,,~,#i~V Oya~ r 'ti . - I~ . lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish &'maintenance bond in form and substance acceptable to the City, in the amount of ten percent (log) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be ' executed by an approved, surety company authorized to do business. in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all syits, actions or claims of any character, 'nige and de$eription ~ brought for or on account of'any injurias or damages received as'. sustained by any person,, perscns orsproperty on account of the operations of the Contractor, his agents, employees or subcontractors; or on, account of any negligent act of fault of the contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. • (g) &=AMWIL-Controlling . That the provision of this 111 • • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 9 1 • i 3. Occunancv: One Lot Developments, owner further agrees 'as follows: (a) That Owner will not allow any purchasers, lessee, or i ,other person to occupy any building within the development until all Improvements are completed and accepted by the .ty, and that upon violation thereof will pay the City $31000.C' '~quidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain. such.occupancy. r (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no - y?, 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 agrnemgnp„ the City agrees t accept the Improvements. 5. Yg,,,ue and,GOVeY g aM. The parties herein agree that this i contract shall be enforceable in Denton County, Texas, andif legal ~w t r • action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court 'decisions of the state of Texas. PAGE 8 _0 f , ';E . E .ivlil§Ett, Fad ~:Aa7I/'•12`5C7;dY:°IX~Y~t~ik~~l~''+~61~',C!/w~Vi~2~.~Qk t►MRWistl+4lYtayAea.Nraewi•..W,.....,.... w••n .r r 6. ,gGeaaor and Assigns. This contract shall be binding upon and inure to the benefit oC the parties hereto, their respective successors and assigns. ' j ~r , 194 Executed in triplicate this, AA- day ,of OWNER CONTRACTOR HERM E LAND AND DEVEMPMENT CO, INC. DBR NSTR ,INC. F BYs v BY: od Me I CITY Or DEHTON, TEXAS BY: CITY, HANAGER ATTEST: n iv, TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY AT'T'ORNEY ' • BYS E j ' PAGE 9 c s., y _ ♦~~.1 rn+l 'r ~•1 ,f~. rA yF~4 ~ It IE 1 0 ~ rs' ~a: .,fir ,2i' ~ s. i:f .~i?E 1•~~EYA~7,'d J~ ' Eif4 0'fE'^ • rr.i •nsa..-,GJ!✓ilS .`.'tL'`k~ka+. ':'~~1~~~YTl9t~f AA"J l'.~HF3A5Nl+Ar.~". !:r\s9w MID ~ , s~ppyy pp ~p~Inlry 6AM uT10otxel •TNM CSRTIFY.ME M~I■S1![OT AS A NATTHI OF ■IFDRIIATiOM OILY A10 ' COW M NO NWM UFCM THE CERYWATE HOIDNIL THEM CSlIT■MDATS q0 ! DOLI MOT AYEMD. EKTFl110 ON JITTER IN COYtIIAQE AFr011D■D ■Y THE RSRrY ! MYIIRSROS FO ps[ iuPOLICIES SEI.OMf., COMPANIES AFFORDING COVERAGE DoMNT TX . T A Trinity LE cols vn ■oosr0T Ii.M 8 Tows" x i D III R Cono wdom Ca w tit" C TLIISS w01I co" SM FMT/ i Don RMlwrs j Is 0 11" in 00~ DW*M TX mm LXTm E l THIS IS TO CERTIFY THAT TK MDLI " OF SNMIMNCE uSTED OEI.OW HAVE SEEN 1lMIED TO THE MUM NAMED MOVE FOR THE POLICY PFJIOD - I WMAIED: NOTYRHM MOW ANY MMWalfIYT, TON OR CONOTIM DP ANY CONTRACT OR OTHER DOCUMENT RTM RESPECT TU "VCH THIS COMFOCATE MAY !E OWED eA MAY PERTA7• TH£ IOIIIANOE WOWED SY THE POLICIES DEM'WAM WO IS SWEOT TO ALL 7HE Y~. EXCLLWW AND CONDITIONS OF SUCH POMES., LIMITS, SHOW MAY HAVE SEEN REDUCW SAY PAD. CLANS............. _ TYPE OF HRIRANCS POt1W Nun P"w TOM, IY[ PIou" CPMTON LABS Tn. OATS "M MT DAR RSAOtVYYI CI>)OMSSI 4116"m OMOSOS DaWKADDIEWR ` loom ■ sBelA. twlm PIppJOTSGO&PV AW , • r 9 r WM1 MADE X =A PIVOTAL L ADV, l4Sn' IKS 1 loom }r. I DMRIFM A CCNiR1410RS MW R 4D+1 I" Dw 1E1~{ LAM OCdS•AT OMtWf (MM Yr Mo •f••..••• . ESEE MID area W AtnOADOU uVssnY TOAMISTN OlffT/M M/1TJN emem NOMA !Y «r "W0 e:: : rE loom A X ANY AUTO .,..,.i AL ov"m AUTOS SWLY "M i r X , 801MOLLEO MRCS \ RM M>bN 4 . x.r 11MO AYTOS : : IMYJIMrW ~P r; X OAUOE LINIm i FROM DAMAW SACSN LAMM : EACH OCCUISIMNP I! UMNIF.LA POW AnON'ib:fg I Orn MAN ULlRt" FORM ComplowTIM EA..._... . E.. SMISSACCURT O O pH00T~1f SIOOOT SSA4INE OSIQHN DWAE • PCLICY LOUR i! S. . iMn4YB1I UAt7TY OId1E • EACH M BIIOm is E10000 0/61A70NLLCCATbfaArlMailAlRCIK IISIM ' 0110VOM N OF CITY OF DSNTON AS AODrt10NU WSURID Uff SITYLIID ANY OF THE ABOVE bflCNSEO POLICIES, SE CANCELLED BEFORE THE 'i E WTION DATE THEIEOF. THE ISSUING COMPANY' WILL ENDEAVOR TO CT OF DEN)ON MAIL iG DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE EST ■ TEXAS ST LEFT, SLIT FA UK TO MAIL SUCH NCTICE SHALL WHOSE ND OBLIOATm OR DENTOM T7011011 UASILM OF ANY 00 UPON THE COMPANY, ITS ABENTS OR REP ESIXfATTYFE. 1 r \ Y. { .w-+-.+rrrnw..uI r ..,..-._».._.v.-.-.:.. ...r,._»-«....err.++:M.--+...r•wr.v~li~-._.~ I ..Yi4;\ ~ N i : vtis'! r ip?+l.l'~"719ttif!F'r~t4.•i"x~ a i 1 0oooooa oaacoao~o~o~o IQ A. ra Q~ I a e N °°0oooactia i 4 ' j f z r f'. t . e I, ~ .,.T.-...w.~,./w+..w.w a~+/'~LIN er.Na.. ~ „ l d, . r. JqL~ i i • i 1 i 1 'AAAOOD97 PROJECT NO. CONTRACT NO.~ THE STATE OF TEXAS S DEyml&g ENT CONTRACT COUNTY OF DENTON S Whereas, GTE Southwest Incorporated hereafter referred to as "Owner," whose business address is 500 E Carpenter Frwv Irving Texas 75062 is th} 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 )f Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the City's specifications, standards and ordinances and (select applicable provision as follows) U Whereas, the owner elects to construct the Improvements • without contracting with another party as prime contractor, in • • which ease the provisions of this contract which rater to "Owner" or "Contractor" shall mean the owner as named above= or i C ....:.._e.....,... _.._.:_,.r,._.....,...-.«_.-.-.«+..e.~++---...... .:S r'``.• r i.'•i ,1 t~k'~t'v VA ,~`~~S~i9fYYS'~'~'¢.rP~+j l~ yr,'~it. r Jq • r i i ® Whereas, the owner elects to make such Improvements hereafter set forth by contracting with contemnorazy one r~3[S, Tnrt_ whose business address is P.O. Box 790848 San Antonio Texas 78279-0848 hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITHESSETH 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 one half acre of land located on FM Road No 2181 known as Teasley Lane in Denton County, Texas for a new telecommunications switching building. , 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) gnacifiaatiQns. To construct and install the Improvements in accordance with the procedures, specifications and I standards contained in Division II and III of the City's Standard s • as amended, and all addendums thersta, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 71 • 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 Enaineerl Inspections. Tests and orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interprotation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work r until such failure is rem.;:+ied. If such failure is not remedied to • the satisfaction of the city Engineer, the City shall have no • • obligation under this agreement to approve or accept the Improvements. PAGE 3 1 i a i 1 i (c) 'naurance. 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 far Public Works Construction. North--Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) ?leans and Methods of Construction. :'hat 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 this Improvements were constructed in accordance with City specifications. 2, Mutual Covenants o owner and Contraptor. owner and Contractor mutually agree as follows: (a) Performance Ronda: Escrow Agreement, That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the i 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 R the Improvements meeting the specifications of the i ! City, shall be in favor of the City, And shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 r 4 i 5' f"1 r A i i p 1 1 I (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. without exception, the City's escrow agreement form shall be used. (b) Payment BonM 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 (loot) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the city, and shall be executed by an approved surety company authorized to do business in the state of Texas= or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardlesp of tie contract amount, are for a "one lot developmen%.," as defined by CityOs Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the city Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction 01' the Improvements have been paid in full and tha,: there are no unreleased recorded liens filed against the improvements, or land to which they are affixed, • that are to be dedicated to the public. That, upon the request of the City Engineer, owner r or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 • I i material for, the construction of the Improvements, 1 and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Wer.i„~inal ?a~. (This provision (c) applies only where the owner and contractor are not he same party.] That 1 am security for the faithful completion of the Improvementc, 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 bean paid or otherwise satisfied. (d) $II2UMIT.4IM. That upon completion and approval or acceptance of the improvements of the city, the improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is • made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim y • lien, charge or encumbrance to be satisfied and released or • promptly post a bond with the City in the amount of such claim, PAGE 6 1. ~ - . tie4l ~r i ]]i I i s A..,~J.:n'f/ 51.11.,....:.0. ~ ` lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indgmnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any parson, persons or property on account of the operations of th^ Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the contractor, his agents, employees or subcontractors in construction • of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this • agreement shall control over any conflicting provision of any • • contract between the owner and Contractor as to the oonstntction of the Improvements. PAGE 7 i I • i i • I i 4 { - 4 l 3. 0ccu2anev• one Lot Developments. Owner further agrees as I follows: t (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 City0a 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. Covenant8 of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. ;i 5. Vanua and Govarning Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall } • lie in Denton County, Texas. The terms and provisions of this • • contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE S __....__.~r-•....-.-w ~Y.y i ; (~.1. 1 i~~4 a4 rlw i 1 a,f> >1 J { . ~ 1 f i J 6. successor and Assiana. This contract shall be binding upon and inure to the benefit of the parties hersto, their respective successors and assigns. Executed in triplicate this, 0th day of November 19 9~_, OWNER CO %RtexGc ~Q BYI BYS dent y'S CITY OF DENTON, TEMs BY CITY !TANAGER ATTESTt J NNIF HALTERS, CITY SEC ET APPROVED AS TO LEG,kL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY t/i~ I A it PAGE 9 f. 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